AFTERNOON - Human Rights Council Hears that the People of Myanmar Continue to Suffer Profound Human Rights Harms and that Serious and Systematic Human Rights Violations and Abuses in Nicaragua are Crimes against Humanity
Council Concludes its Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Afghanistan
The Human Rights Council this afternoon concluded an interactive dialogue on the situation of human rights in Afghanistan, held an interactive dialogue on the situation of human rights in Myanmar, and began an interactive dialogue with the Group of Human Rights Experts on Nicaragua.
Volker Türk, United Nations High Commissioner for Human Rights, said as Myanmar entered the third year of the crisis generated by military rule, its people continued to suffer profound human rights harms; an expanding humanitarian emergency; continuing impunity of the military authorities; and a deepening economic crisis. Armed conflict continued to grow and military operations now increasingly involved the use of airstrikes, artillery shelling and heavy weaponry against civilians. The latest report detailed a number of incidents being investigated, including hundreds of houses being burned and dozens of people, including children killed by shelling and military raids. Since February 2021, at least 17,572 people had been arrested (including 381 children) with 13,763 remaining in detention. Across the country, 17.6 million people now needed humanitarian assistance, and over 15.2 million faced acute food insecurity. The Rohingya community still remaining in Myanmar continued to face widespread discrimination. There needed to be increased international support, and the continuing proceedings before both the International Court of Justice and the International Criminal Court warranted every support.
In the discussion on Myanmar, speakers said, among other things, that since the 1 February 2021 coup, the military had brought the country into a perpetual human rights crisis through continuous human rights violations and violations of international humanitarian law, some of which may amount to international crimes. The consistent tactics and patterns of abuse underscored the military’s responsibility for these violations, including indiscriminate airstrikes and artillery attacks against populated areas, village raids and burnings, arbitrary arrests, use of torture, extrajudicial killings, killings of children, attacks on schools and hospitals, military use of schools, sexual and gender-based violence, severe restrictions of fundamental freedoms and many more, with persons belonging to ethnic or religious minorities such as the Rohingya bearing the brunt.
One speaker spoke of regret that Myanmar had not participated in the discussion, stressing respect for its sovereignty. Some speakers said all parties should speak and work in order to help the parties in Myanmar overcome their divergences and problems in order to overcome their differences, and the international community should respect the territorial integrity and national unity of Myanmar in resolving the situation. Dialogue and reconciliation must be the way forward. To not listen to the State concerned precluded hearing about its efforts and the progress made on the ground. Another speaker called for an end to all unilateral coercive measures imposed on Myanmar, which caused immense suffering to the people on the ground.
Speaking in the discussion on Myanmar were European Union, Norway on behalf of a group of countries, France, United States, Japan, Luxembourg, Costa Rica, China, United Nations Children’s Fund, Indonesia, Venezuela, Egypt, Canada, Netherlands, United Kingdom, Malaysia, South Africa, Maldives, Türkiye, Bangladesh, Gambia, Saudi Arabia, Malawi, Australia, Mauritania, Libya, Thailand, Belarus, Botswana, Ireland, Viet Nam, Iran, Russian Federation, Sierra Leone and Pakistan on behalf of the Organization of Islamic Cooperation countries.
Also speaking were the following non-governmental organizations: Asian Forum for Human Rights and Development, China Foundation for Poverty Alleviation, Association Ma’onah for Human Rights and Immigration, Centre pour les Droits Civils et Politiques - Centre CCPR, Society for Threatened Peoples, Edmund Rice International Limited, Lawyers Rights Watch Canada, Amnesty International, International Commission of Jurists, and CIVICUS - World Alliance for Citizen Participation.
The Council then started an interactive dialogue with the Group of Human Rights Experts on Nicaragua.
Jan-Michael Simon, Chair of the Group of Human Rights Experts on Nicaragua, said the Group had investigated alleged human rights abuses and violations committed in Nicaragua since April 2018.
Based on the information analysed, the Group concluded that serious and systematic human rights violations and abuses of human rights took place in Nicaragua during the period covered by the report, perpetuated by government representatives, and those from pro-government groups. Violations included extrajudicial executions, arbitrary detentions, torture and cruel treatment including acts of sexual and gender-based violence, arbitrary deprivation of nationality, and violations of the right to remain in the country, among others. These violations were perpetrated against genuine and perceived opponents of the Nicaraguan Government. The Expert Group concluded that the violations were committed as a pattern of behaviour which was generalised and systematic.
These violations constituted crimes against humanity. These crimes against humanity were committed within the framework of a discriminatory policy against part of the population of Nicaragua, for political motives, intentionally organised from the highest levels of government.
Nicaragua, speaking as the country concerned, said the Government of reconciliation and national unity wished to formally indicate that it had not nor would it ever accept the unilateral appointment of the Members of the Group of Experts in any way, shape or form. This group was nothing less than a smokescreen in order to allow fabrication of facts. The input to it came from certain opposition elements in the country that were putting forth false narratives directed by imperialist powers with the aim of interfering in the nation. No reports were accepted, as they ran counter to the over-arching interests of the State, which was aiming to ensure human rights across the board. Nicaragua did not wish these reports to continue to undermine its institutions and legal order. The reports did not reflect the most basic progress, such as in education, women’s rights, and poverty reduction. Any recommendations put forward lacked objectivity and were tantamount to coercion, since they undermined the efforts of all Nicaraguans.
In the ensuing discussion on Nicaragua, speakers expressed, among other things, outrage for the serious and systematic human rights violations laid out in the reports, including crimes against humanity. The report left no doubt regarding the grave seriousness of the human rights situation in Nicaragua, which continued to deteriorate, and could lead to an even graver humanitarian crisis. The Government should work to ensure the human rights of all Nicaraguans, and ensure accountability and justice for all for the human rights violations listed in the report, including allegations of torture and grave violations of civil and political rights. Multiple speakers welcomed the release of 222 political prisoners by the Government of Nicaragua, but remained gravely concerned about the deterioration of human rights and the rule of law.
Speaking in the discussion on Nicaragua were Chile on behalf of a group of countries, European Union, Luxembourg on behalf of a group of countries, Iceland on behalf of a group of countries, France, United States, Switzerland and Ecuador.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the situation of human rights in Afghanistan.
Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan, in concluding remarks, said many interventions had rightly focused on discrimination against women and girls. Even if the situation affecting women and girls was less serious, there would still be a human rights crisis in Afghanistan. There was an increasing number of reports of arbitrary arrests, torture, disappearance and killings, including those of a district governor and former police commander in the past few days, who appeared to have suffered torture before being killed. The Council was implored to consider this on its agenda. Mr. Bennett called on the de-facto authorities to take concrete steps to stop these killings and bring those responsible to justice. Rapidly shrinking civil space was also a concern, described as a “muzzling” of the media in the report.
In the discussion on the situation of human rights in Afghanistan, speakers raised, among other issues, the deep concern over the regressive, disproportionate and discriminatory measures imposed by the de facto authorities on Afghan women and girls, particularly the banning of tertiary education for Afghan women. Speakers urged the de facto authorities to urgently reconsider this decision, which was detrimental to the future generation of Afghanistan. There was also concern about the economic and humanitarian crises that continued to deteriorate in the country.
The situation in Afghanistan was due to United States’ activities in the country, one speaker said, urging the Special Rapporteur to find a way around the effective blocking of Afghan assets by the United States, which undermined Afghanistan’s capacity to move towards sustainable peace and development. Some speakers were disappointed that the Special Rapporteur had not taken note of this in his report, urging him to take into consideration the historical reasons for the crisis, and to call for an end to the blocking of assets.
Speaking in the discussion were Malaysia, South Africa, Spain, Sudan, Australia, Türkiye, New Zealand, Kazakhstan, Italy, Republic of Malta, Chile, Malawi, Montenegro, Austria, Croatia, Namibia, Bulgaria, Pakistan, Argentina, Timor-Leste, Iran, Ukraine, Saudi Arabia, Greece, Russian Federation, Slovenia, and United Kingdom.
Also speaking were the following non-governmental organizations: Asian Forum for Human Rights and Development, Women’s International League for Peace and Freedom, Interfaith International Intervention, Save the Children International, International Lesbian and Gay Association, World Organisation against Torture, CIVICUS – World Alliance for Citizen Participation Intervention, International Bar Association, Organisation internationale pour les pays les moins avancés, and Meezaan Centre for Human Rights.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.
The next meeting of the Council will be at 10 a.m. on Tuesday, 7 March, when it will
conclude the interactive dialogue with the Group of Human Rights Experts on Nicaragua followed by an enhanced interactive dialogue on the report of the Commission of Human Rights in South Sudan. The Council will then hear the High Commissioner’s oral update and presentation of reports under item 2, followed by a general debate under item 2 - annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Afghanistan
The interactive dialogue with the Special Rapporteur on the situation of human rights in Afghanistan started in the previous meeting and a summary can be found here.
Discussion on Afghanistan
Some speakers expressed deep concern over the regressive, disproportionate and discriminatory measures imposed by the de facto authorities on Afghan women and girls. Such measures, particularly the banning of tertiary education for Afghan women and girls, contradicted Islamic principles and international human rights law. Speakers urged the de facto authorities to urgently reconsider this decision, which was detrimental to the future generation of Afghanistan. The recent decisions to ban women and girls from higher education, along with the decree barring women from working in national and international non-governmental organizations were yet another stark demonstration of the silencing of the voices of women and girls in the country. Such actions were self-defeating, and would only aggravate the dire socio-economic conditions, as well as maybe being tantamount to gender persecution.
Education was the key to economic well-being and future prosperity in any society, and as such, education in Afghanistan, especially for girls and women, must continue and even increase. The data was clear that educated girls and women contributed very significantly to social and economic well-being. In order to bring together the three pillars of the United Nations: human rights, peace and security, and development, as well as to promote inclusive and comprehensive sustainable development in the region, one speaker proposed to establish a United Nations Regional Hub on Sustainable Development Goals for Central Asia and Afghanistan in Almaty, Kazakhstan, which would coordinate all international programmes aimed at supporting Afghanistan. Speakers appealed repeatedly to Afghanistan to restore access to education for all women and girls within the country, allowing them to achieve development and prosperity.
There was also concern about the economic and humanitarian crises that continued to deteriorate in Afghanistan. The international community should increase its efforts to address these issues through constructive dialogue and cooperation, and help Afghanistan from descending further into insecurity, poverty and isolation. The international community needed to also continue to give coordinated and constructive suggestions to Afghanistan on improving the situation. Afghanistan remained in a dire economic crisis: ensuring stability in the country was critical. Almost the entire population was impacted by the dire situation, with currently 97 per cent of them suffering in various ways.
Fighting impunity and ensuring accountability for the violations of international humanitarian law and human rights violations and abuses was an essential for the stability and peaceful future of all Afghan citizens, speakers said. Today Afghanistan was a dreary place where the Constitution was suspended, the rule of law was subject to interpretation, and the Taliban was ruling through fear and repression. The overwhelming sense of hopelessness, compounded by the economic and humanitarian crises, were deeply affecting the whole of Afghan society. It was therefore crucial to keep providing humanitarian and basic needs assistance.
Efforts should be made by the international community to ensure that Afghanistan adopted a Government that was representative of all parts of Afghan society, including the various ethnic and religious groups, as well as women and girls.
The situation in Afghanistan was due to United States’ activities in the country, one speaker said, urging the Special Rapporteur to find a way around the effective blocking of Afghan assets by the United States, which undermined Afghanistan’s capacity to move towards sustainable peace and development. Some speakers were disappointed that the Special Rapporteur had not taken note of this in his report, urging him to take into consideration the historical reasons for the crisis, and to call for an end to the blocking of assets.
Another issue of deep concern was the situation of millions of children in Afghanistan deprived of essential services, including primary healthcare, education, water and sanitation, while many of them continued to be killed and maimed by landmines and other explosive remnants of war, as well as their recruitment for conflict. The Special Rapporteur was asked, considering the inclusion in his mandate of a child’s rights perspective, what was his assessment on the situation of children and on future prospects? Another question asked was what prospects for positive developments by the authorities he saw in light of the recent setbacks?
Concluding Remarks
RICHARD BENNETT, Special Rapporteur on the situation of human rights in Afghanistan, thanked all the States and members of civil society for their interventions and questions. Many interventions had rightly focused on discrimination against women and girls. Mr. Bennett welcomed the decision by the Council at the previous session to mandate a specific report on the situation of women and girls at the fifty-third session. Even if the situation affecting women and girls was less serious, there would still be a human rights crisis in Afghanistan. Mr. Bennett was concerned about the extra judicial killings of former civil servants and members of the Afghan security forces, despite the general amnesty issued by the de-facto authorities. There was an increasing number of reports of arbitrary arrests, torture, disappearance, and killings, including those of a district governor and a former police commander in the past few days, who appeared to have suffered torture before being killed. The Council was implored to consider this on their agenda.
Impunity could lead to ongoing animosity and future bloodshed. Mr. Bennett called on the de-facto authorities to take concrete steps to stop these killings and bring those responsible to justice. Rapidly shrinking civil space was also a concern, described as a “muzzling” of the media in the report. There was no independent mechanism to address human rights complaints and bring them to the attention of the authorities. Journalists, human rights defenders and civil society should be able to operate freely without fear, but this was not the case. The banning of education was not supported or justified; this was a universal right. Girls must be allowed to resume their studies alongside boys, and women alongside men at university. The impact of war, compounded by the Taliban’s rule would be intergenerational. If Afghanistan was to have a new generation of leaders tomorrow, they needed basic services today.
Mr. Bennett appreciated the strengthening of his mandate to include the documentation of evidence. There needed to be a stocktake of what mechanisms already existed for accountability, and there needed to be more resources put towards this. It was important to note that accountability should include the right to truth and reparations, as well as criminal accountability. Afghanistan deserved more commitment and engagement from the international community. Mr. Bennett expressed his unwavering admiration and commitment to the Afghan people who strove for human rights.
Interactive Dialogue on the Report of the United Nations High Commissioner for Human Rights on the Situation of Human Rights in Myanmar
Report
The Council has before it the report of the High Commissioner for Human Rights on the implementation of the recommendations made by the independent international fact-finding mission on Myanmar (A/HRC/52/21).
Presentation of Report
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said as Myanmar entered the third year of the crisis generated by military rule, its people continued to suffer profound human rights harms; an expanding humanitarian emergency; continuing impunity of the military authorities; and a deepening economic crisis. Armed conflict continued to grow and military operations now increasingly involved the use of airstrikes, artillery shelling and heavy weaponry against civilians. The latest report detailed a number of incidents being investigated, including hundreds of houses being burned and dozens of people, including children, killed by shelling and military raids.
Airstrikes against civilian locations had increased by 141 per cent in the second year of the military takeover, and artillery shelling of communities had increased by over 100 per cent. Incidents in which homes and neighbourhoods were set on fire had risen by 380 per cent in the second year after the coup, leading to an estimated 1,200 per cent increase in the number of homes destroyed. Since the military takeover, some 39,000 structures had been burned, and people unable to flee risked being burned to death. The more than 1.3 million people displaced since the coup began faced destitution. At least 2,947 civilians had been killed by the military since 2021, including 244 children. More than one third of these confirmed deaths occurred in military custody. Cases had been reported of some armed groups attacking and killing civilians perceived to be working for or with the military. These acts constituted murder and needed to be condemned. It was imperative that the military respected the Security Council’s December resolution, and took steps to end the violence.
On 1 February 2023, the military extended the state of emergency, subjecting civilians to the expanded jurisdiction of military tribunals, with no right to appeal – even upon imposition of the death penalty. Since February 2021, at least 17,572 people had been arrested (including 381 children) with 13,763 remaining in detention. Across the country, 17.6 million people now needed humanitarian assistance, and over 15.2 million faced acute food insecurity.
The Rohingya community still remaining in Myanmar continued to face widespread discrimination. At least 3,500 Rohingya attempted sea crossings in 2022– a 360 per cent increase from 2021. At least 348 of them had died or had gone missing at sea. Mr. Türk appealed to all countries to provide support to people fleeing Myanmar, and to their host communities. There needed to be increased international support, and the continuing proceedings before both the International Court of Justice and the International Criminal Court warranted every support. Mr. Türk remained concerned by the prospect of new elections taking place in Myanmar and the arbitrary detention of elected political leaders in February 2021. He called on the Council to do its best to deliver humanitarian support directly to Myanmar’s people, and called on United Nations Member States to promote dialogue and sustainable solutions to bring an end to this brutal crisis.
Discussion on Myanmar
In the discussion, some speakers said, among other things, that since the 1 February 2021 coup, the military had brought Myanmar into a perpetual human rights crisis through continuous human rights violations and violations of international humanitarian law, some of which may amount to international crimes. The consistent tactics and patterns of abuse underscored the military’s responsibility for these violations, including indiscriminate airstrikes and artillery attacks against populated areas, village raids and burnings, arbitrary arrests, use of torture, extrajudicial killings, killing of children, attacks on schools and hospitals, military use of schools, sexual and gender-based violence, severe restrictions of fundamental freedoms and many more, with persons belonging to ethnic or religious minorities such as the Rohingya bearing the brunt.
Several speakers expressed continued support to the Association of Southeast Asian Nations’ five-point consensus, recalling Security Council resolution 26/69 (2022), and demanded an immediate end to all forms of violence throughout the country. United Nations Security Council resolution 26/69 called for the regime to end its violence across the country, release arbitrarily detained prisoners, allow unhindered humanitarian access, protect members of minority groups, and respect the will and democratic aspirations of the people of Myanmar, and there were as yet no signs of results in this direction. Speakers also called for the release of all arbitrarily detained prisoners, the provision of full and unhindered humanitarian access, and the protection of civilians in Myanmar. Further calls were also made for an international arms embargo and targeted economic action to prevent the flow of weapons to the military.
The situation in Rakhine state continued to be tense and fragile, speakers noted. Addressing the root causes of the Rohingya crisis was of paramount important in pursuing a durable resolution to the crisis. Both in Myanmar and beyond, the Rohingyas had become more vulnerable to various discrimination, violence, radicalisation and trafficking. The authorities in Myanmar were urged to fully cooperate with international mechanisms, including the Special Envoys of the Chair of the Association of Southeast Asian Nations, as well as those established by this Council, and to step up their efforts to create conducive conditions that would facilitate safe, dignified and voluntary repatriation, including by ensuring justice and accountability.
The international community was urged to apply stronger pressure on the Government of Myanmar, and to stand together to demand an end to the violence and seek a peaceful reconciliation to the crisis. One speaker said the Security Council should refer the situation in Myanmar to the International Criminal Court without delay. The international concerns for a peaceful and prosperous Myanmar must go hand in hand with fulfilling the rights of minorities. All parties should refrain from further violence and the Myanmar authorities should allow access for humanitarian assistance, including through the Association of Southeast Asian Nations’ Coordinating Centre for Humanitarian Assistance on Disaster Management. International cooperation should be strengthened to prevent further displacement and find a sustainable solution. Space should be made to ensure a democratic and fruitful dialogue, with the participation of all parties.
One speaker spoke of regret that Myanmar had not participated in the discussion, stressing respect for its sovereignty. Some speakers said all parties should speak and work in order to help the parties in Myanmar overcome their divergences and problems in order to overcome their differences, and the international community should respect the territorial integrity and national unity of Myanmar in resolving the situation. Dialogue and reconciliation must be the way forward. To not listen to the State concerned precluded hearing about its efforts and the progress made on the ground. Another speaker called for an end to all unilateral coercive measures imposed on Myanmar, which caused immense suffering to the people on the ground.
For a peaceful future, a vibrant and diverse civil society was indispensable, and there was deep concern about the ongoing repression of civil society organizations in Myanmar. Civil society organizations, including human rights defenders, were being monitored, restricted and harassed. The Organization Registration Act that was introduced last year was another blow for civic space, and a speaker applauded Myanmar’s civilian organizations for their courage and resilience. Their work was indispensable for accountability, women empowerment, and giving youth in Myanmar a voice to shape their future. One speaker pointed out that international human rights mechanisms should, however, operate whilst respecting the sovereignty and territoriality of States, and a genuine concern for human rights was required for human rights without politicisation or bias, operating through cooperation with the Government and repudiation of all unilateral coercive measures and other measures imposed upon the country.
What measures could be taken to reduce violence against civilians and human rights violations and abuses in Myanmar, as well as to ensure accountability for past and ongoing crimes, a speaker asked? Another asked how could the international community help support civil society and human rights defenders under threat in Myanmar? The international community had an obligation to restore even a sliver of hope. Would the High Commissioner recommend that the international community recognise the National Unity Government as the true Government of Myanmar, a speaker asked? How could the international community support Myanmar’s diverse democratic movement to ensure the protection and promotion of human rights, another speaker asked? How could the international community continue to support civil society organizations that were active in Myanmar under these circumstances, so they survived and played their essential role in the future of Myanmar, another speaker asked?
Concluding Remarks
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said this was an extremely troubling situation: Myanmar was in free-fall, and the international community had to respond in the most effective way possible. The Association of Southeast Asian Nations’ five-point plan, Security Council resolution 26/69, and the Human Rights Council resolutions set out the expectations of the international community, as well as the benchmarks for a solution. The solution against this background was set out, and the international community needed to look at how these various documents had been disrespected by the authorities. Those Member States with any influence over the authorities should work to ensure that there was a change in the country that brought it back to the plight of the people. This required a coordinated and unified approach, and a number of things could be done in addition to what had been said.
There needed to be an end to arms being sold, and economic measures. The international community must not be engaged in supporting any electoral process that lacked the ability to ensure the participation of all the people of the country in peace and security. Those involved in civil society and national human rights defenders needed to be seen as key interlocutors for any solution. Regarding accountability for past and present human rights violations, this was key to any solution to the crisis, and whatever emerged as a solution would have to have inherent in it transitional justice. Member States could look at universal jurisdiction for crimes committed in Myanmar. There should be full support, politically- and funding-wise, for the Independent Investigative Mechanism for Myanmar.
The Rohingya, as well as the countries hosting them, required continued support by the international community. The Government of National Unity and all other representatives of Myanmar civil society must be involved in all attempts to restore democracy and ensure fair elections. The threat to civil society organizations was really existential, human rights defenders faced a myriad of issues, problems and potential risks, and it was vital to continue to alert the world of these risks. Donors should look at flexible and creative means of funding for human rights defenders and civil society organizations to ensure that their work continued, including resettlement and even witness protection.
Interactive Dialogue with the Group of Human Rights Experts on Nicaragua
Report
The Council has before it the report by the Group of Human Rights Experts on Nicaragua (A/HRC/52/63)
Presentation of the Report
JAN-MICHAEL SIMON, Chair of the Group of Human Rights Experts on Nicaragua, presented the conclusions of the investigations carried out by the group over the past year. The Group had investigated alleged human rights abuses and violations committed in Nicaragua since April 2018, to ensure accountability and justice for the victims. The Group had used methodology which included the collection of information from victims and witnesses, as well as the review of judicial records and verified audio visual material. Thanks to technological progress, the team was able to collect information securely and confidentially, including from sources still inside Nicaragua. During the investigation, the Group investigated 149 cases, received more than 150 confidential documents, processed and classified almost 1,500 documents, and conducted 291 face-to-face and remote interviews. Five missions were carried out to areas near the territory of Nicaragua. It had not been possible to carry out investigatory activities in the territory of Nicaragua since access had not been granted by the Nicaraguan Government. Between June and December 2022, 12 communications were sent to the Government of Nicaragua, to request a country visit, open channels of dialogue, and for data and information. The report was sent to the Government for comment before publishing it, but no response had been received, which was regretful. The Group remained open to channels of cooperation and dialogue with Nicaragua.
Based on the information analysed, Mr. Simon said that the Group concluded that serious and systematic human rights violations and abuses of human rights took place in Nicaragua during the period covered by the report, perpetuated by government representatives, and those from pro-government groups. Violations included extrajudicial executions, arbitrary detentions, torture and cruel treatment including acts of sexual and gender-based violence, arbitrary deprivation of nationality, and violations of the right to remain in the country, among others. These violations were perpetrated against genuine and perceived opponents of the Nicaraguan Government. The Expert Group concluded that the violations were committed as pattern of behaviour which was generalised and systematic. These violations constituted crimes against humanity. These crimes against humanity were committed within the framework of a discriminatory policy against part of the population of Nicaragua, for political motives, intentionally organised from the highest levels of government.
Mr. Simon said that the prevailing impunity for the crimes facilitated the escalation of violence. The conclusions reached by the Group were sufficient to justify further investigations. It was recommended that the Nicaraguan authorities immediately release all persons arbitrarily deprived of their liberty, and put an immediate end to violations, abuses and crimes, including persecution for politically motivated reasons. The State should also ensure accountability for victims and implement the necessary measures to guarantee the separation of powers. Nicaragua should cooperate with the Office of the High Commissioner for Human Rights. It was hoped the independent inquiry could bring victims closer to justice.
Statement by the Country Concerned
Nicaragua , speaking as the country concerned, said the Government of reconciliation and national unity wished to formally indicate that it had not nor would it ever accept the unilateral appointment of the Members of the Group of Experts in any way, shape or form. This group was nothing less than a smokescreen in order to allow the fabrication of facts. The input to it came from certain opposition elements in the country that were putting forth false narratives directed by imperialist powers with the aim of interfering in the nation. No reports were accepted, as they ran counter to the over-arching interests of the State, which was aiming to ensure human rights across the board. Nicaragua did not wish these reports to continue to undermine its institutions and legal order. The reports did not reflect the most basic progress, such as in education, women’s rights, and poverty reduction. Any recommendations put forward lacked objectivity and were tantamount to coercion, since they undermined the efforts of all Nicaraguans. Nicaragua was strengthened in its resolve to achieve the highest levels of democratic success, respecting international law and defending it, and called for equal consideration for all.
Discussion on Nicaragua
In the ensuing discussion, speakers expressed, among other things, outrage for the serious and systematic human rights violations laid out in the reports, including crimes against humanity. The report left no doubt regarding the grave seriousness of the human rights situation in Nicaragua, which continued to deteriorate, and could lead to an even graver humanitarian crisis. The Government should work to ensure the human rights of all Nicaraguans, and ensure accountability and justice for all for the human rights violations listed in the report, including allegations of torture and grave violations of civil and political rights.
There was also concern for the disappearance of indigenous persons, and the instrumentalisation of the legislative system to ensure impunity. The authorities should grant access to the country for the Group of Experts, and resume collaboration with it and other international bodies. The international community should not forget that arbitrary detention and the inhumane treatment of political prisoners were not the only instruments by which civil society and human rights defenders were persecuted in the country. The authorities should put an end to any such measures, to restore the fundamental rights of denaturalised dissidents, to stop human rights violations, to restore democracy and to re-engage with the international community. Impunity for human rights violations must end, and all restrictions on civic space must end, with all persons granted the rights of assembly, dissent and expression.
Multiple speakers welcomed the release of 222 political prisoners by the Government of Nicaragua, but remained gravely concerned about the deterioration of human rights and the rule of law, noting that following their expulsion, the regime stripped these individuals, as well as 94 others of their citizenship and reportedly seized their property in Nicaragua. These deplorable acts signalled a significant step backward for the Nicaraguan people and were inconsistent with the Universal Declaration of Human Rights, which provided that everyone had a right to a nationality.
The conclusion of the Group of Experts that crimes may have been committed as part of a policy emitting from the highest spheres of Government against certain parts of the population was of grave concern, and there should be full and fair investigations ensuring accountability, justice and reparations for victims. Laws should be repealed limiting access to human rights and fundamental freedoms.
The authorities’ refusal to appear before the Committee against Torture last July was deplored, and speakers urged Nicaragua to resume cooperation with the various United Nations mechanisms which had requested access to the country. Another speaker asked how the international community could help the Group of Experts to achieve its mandate and meet its objectives.
The work of the Experts was appreciated, and speakers asked, among other things, what could be done to support the work of civil society organizations within the country? One speaker appealed to the Council to renew the mandate of the Group.
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HRC23.016E