27/16 Report of the Working Group on the Universal Periodic Review - Nicaragua

GE.14-07068 (E)

*1407068*

Human Rights Council Twenty-seventh session Agenda item 6 Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Nicaragua

* The annex to the present report is circulated as received.

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Contents Paragraphs Page

Introduction............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process................................................ 5–113 3

A. Presentation by the State under review........................................................... 5–17 3

B. Interactive dialogue and responses by the State under review........................ 18–113 5

II. Conclusions and/or recommendations .................................................................... 114–119 12

Annex

Composition of the delegation ......................................................................................................... 26

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its nineteenth session from 28 April to 9 May 2014. The review of Nicaragua was held at the 16th meeting, on 7 May 2014. The delegation of Nicaragua was headed by Ana Isabel Morales Mazún, Minister of the Interior. At its 18th meeting, held on 9 May 2014, the Working Group adopted the report on Nicaragua.

2. On 15 January 2014, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Nicaragua: Gabon, Republic of Korea and Venezuela (Bolivarian Republic of).

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of Nicaragua:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/19/NIC/1);

(b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/19/NIC/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/19/NIC/3).

4. A list of questions prepared in advance by the Czech Republic, Liechtenstein, Mexico, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, the United Kingdom of Great Britain and Northern Ireland and the United States of America was transmitted to Nicaragua through the troika. These questions are available on the extranet of the universal periodic review (UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the delegation recalled that although Nicaragua was the second poorest country in Latin America, the Government was working on the restitution of economic, social and cultural rights, as well as civil and political rights, in compliance with the recommendations made in the first UPR.

6. Significant human rights achievements of Nicaragua since the first review. had been the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and, in 2012, the appointment of the Office of the Procurator for the Defence of Human Rights as the national preventive mechanism under the Protocol. Nicaragua had also ratified the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, International Labour Organization (ILO) Conventions No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries and No. 189 (2011) concerning Decent Work for Domestic Workers, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol of San Salvador”) and the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

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7. The Food and Agriculture Organization of the United Nations had recognized that Nicaragua had reduced the rate of undernourishment in the country from 55.1 to 20.1 per cent between 2010 and 2012. Thus, the first Millennium Development Goal had been met ahead of time. Nicaragua had also succeeded in reducing social inequality from 0.41 to 0.37 per cent as measured by the Gini index. In addition, the United Nations system had considered the “Zero Hunger” programme to be a good practice for reducing extreme poverty. General poverty had been reduced from 48.3 to 42.5 per cent and extreme poverty from 17.2 per cent in 2005 to 8.2 per cent in 2011.

8. Health care had increased significantly between 2007 and 2013: primary care consultations had increased from 8.5 million to 16.7 million, and specialist consultations from 1,351,000 to 3,109,000.

9. The budget for education had grown by 35 per cent since 2006. Preschool and primary education curricula with a bilingual intercultural approach had been designed for indigenous students and students of African decent. In 2013, initial enrolment in preschool education had increased by 11 per cent compared to 2009. The illiteracy rate had diminished from 16.5 per cent in 2006 to 3 per cent in 2013.

10. In 2010, the Law for Older Persons had been adopted and the Social Security Act regulation had been amended to establish a reduced pension for persons over 60 years old who had not been able to make a minimum number of contributions. The scheme had benefited 18,500 senior citizens.

11. In 2014, the Inter-Parliamentary Union had placed Nicaragua in first position on the list of countries with the highest percentage of women in ministerial positions. The World Economic Forum, in its 2013 report, placed Nicaragua in tenth position on the list of countries with better gender equality in public office.

12. Regarding the human rights to water and sanitation, between 2007 and 2010 drinking water coverage had risen from 72 to 84 per cent, while sewerage service had increased from 33 to 39 per cent. The construction of new sewage treatment units had increased by 200 per cent during the previous four and a half years.

13. With regard to the right of indigenous peoples to ancestral lands and property titles, the Government had granted titles in 21 territories representing an area of 36,128.78 km2 (30 per cent of the national territory and 52 per cent of the Caribbean coast), benefiting 284 communities, 31,827 families and 190,963 persons, of whom 52 per cent were women.

14. The United Nations Development Programme had acknowledged that Nicaragua had the second lowest homicide rate in Central America and the fourth lowest in Latin America. In addition, Nicaraguan community policing and police work with young people were considered good practices by other countries in Latin America.

15. The Government considered the reduction of overcrowding in prisons as a priority, and had carried out considerable public investment, amounting to 389.1 million córdobas. By October 2013, the prison population had reached 9,601 persons: 87 per cent of them convicted and 13 per cent of them accused persons. That number represented a decrease of 8 per cent since 2010, reflecting a steady reduction in judicial delays. The recidivism rate in 2013 was 11 per cent, the lowest in Central America.

16. The National Coalition against Trafficking in Persons had been strengthened. The Coalition comprised more than 70 public institutions and non-governmental organizations. . A shelter for victims of trafficking had been established in Managua, under the protection of the National Police. A new draft law against trafficking in persons was being discussed in the National Assembly. It would strengthen the general rules for the prevention, investigation and prosecution of all forms of trafficking, the protection of witnesses and

victims, and compensation. Since its inception in 2011, Nicaragua had chaired the Regional Coalition against Trafficking in Central America.

17. The head of delegation concluded by expressing the commitment of Nicaragua to working with United Nations bodies to follow up on the new recommendations it would receive during the second review.

B. Interactive dialogue and responses by the State under review

18. During the interactive dialogue, 77 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.

19. The United States of America was concerned at, inter alia, the changes to the Constitution and Military Code of Nicaragua, the erosion of freedom of expression and excessive use of force by the police. The United States made recommendations.

20. Uruguay highlighted the accession to the conventions on statelessness, the adoption of the Comprehensive Act against Violence towards Women, the ratification of ILO Convention No. 189 and the increase in women’s participation in politics. Uruguay made recommendations.

21. Uzbekistan commended achievements in reducing poverty and social inequalities. It considered that the rights of women and girls, the health system and awareness-raising for law enforcement officers warranted attention. Uzbekistan made recommendations.

22. The Bolivarian Republic of Venezuela noted the National Human Development Plan, which had reduced poverty and social inequality, and welcomed the likely attainment of the Millennium Development Goals and the World Food Summit target. It made recommendations.

23. Viet Nam noted the commitments and progress made by Nicaragua towards economic growth, poverty reduction, employment, social equality and the improvement of living standards for all Nicaraguans through the restoration of their fundamental rights and freedoms. Viet Nam made recommendations.

24. Afghanistan commended the Nicaraguan policy of promoting the restoration of women’s rights, and the progress made in the education sector. Afghanistan made recommendations.

25. Algeria welcomed the progress made by Nicaragua since the first review in 2009, especially in the reduction of poverty and extreme poverty, improvement of the quality of life, and economic growth. Algeria made recommendations.

26. Honduras commended efforts towards women’s participation; the Equal Rights and Opportunities Act, promoting gender equality; and the Comprehensive Act against Violence towards Women, criminalizing femicide and gender-based violence. Honduras made recommendations.

27. Argentina commended the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities and encouraged accession to other instruments. It emphasized efforts to reduce poverty and legislation protecting older persons. It commended the criminalization of femicide. Argentina made recommendations.

28. Australia welcomed steps taken to address high levels of violence against women and girls, but was concerned that they were unable to access sexual and reproductive health services. Australia was also concerned at reports of abuse committed by police officers, including rape and torture. Australia made recommendations.

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29. Austria welcomed the adoption of the national action plan on violence against women. It wanted to know what further measures Nicaragua intended to take regarding the overcrowding in prisons and the hostile environment for human rights defenders and journalists. Austria made recommendations.

30. Azerbaijan commended poverty eradication, the National Human Development Plan and normative and institutional strengthening, and welcomed the accession of Nicaragua to the conventions on statelessness, its laws on gender-based violence and its criminal code reform. Azerbaijan made recommendations. 31. Bangladesh noted the Zero Hunger, Family Garden and Food Production Voucher initiatives and measures to reduce poverty. Many challenges remained, including climate change and natural disasters, and international support should be provided.

32. Portugal welcomed measures to fulfil the human right to education. It remained concerned about the high percentage of disabled children excluded from the school system in Nicaragua. Portugal made recommendations.

33. The Plurinational State of Bolivia commended institutional human rights progress, efforts to eradicate poverty and the attainment of the World Food Summit target on reducing the number of undernourished persons. It made recommendations.

34. Brazil noted the National Human Development Plan and the Comprehensive Act against Violence towards Women. Criminal code reform had criminalized gender-based violence, but amendments had weakened victim protection. Brazil made recommendations.

35. Canada asked Nicaragua to explain what measures were being taken to guarantee access to justice and protection from gender-based violence. It welcomed the progress made on a number of economic and social rights. Canada made recommendations.

36. Chile noted the National Human Development Plan. It applauded the ratification of ILO Conventions Nos. 169 and 189. It recalled previous recommendations relating to the rights of women and children. Chile made recommendations.

37. China commended the establishment and implementation of the 2013-2017 National Human Development Plan, progress in health, education and infrastructure construction, and the attention given to protecting the rights of women, children and the elderly. China made recommendations.

38. Costa Rica noted the collaboration with special procedures, and improved health care and education. It expressed concern regarding the conditions for detainees, especially foreigners, which should be improved. It commended the visit of the Subcommittee on Prevention of Torture. Costa Rica made recommendations.

39. Cuba recognized efforts towards sustained economic growth, poverty reduction, increased good quality employment, reduced social inequality, improved quality of life and protection of women’s and children’s rights. Cuba made recommendations.

40. The Czech Republic welcomed legislative advances, with particular regard to legislation to combat gender-based violence, which should be better implemented. Freedom of expression was not fully enjoyed. It made recommendations.

41. The Democratic People’s Republic of Korea commended efforts towards sustained economic growth, poverty reduction, more good quality employment, reduced social inequality and an improved quality of life. It made recommendations.

42. Denmark was concerned about the ban on all forms of abortion and reports of rape, torture and abuse of detainees. It commended the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Denmark made recommendations.

43. Ecuador commended the commitment of Nicaragua to human rights, its programmes to eradicate illiteracy and improve education, and its efforts to eradicate poverty through the National Human Development Plan. Ecuador made recommendations.

44. Egypt noted measures taken to ensure citizens’ enjoyment of human rights and fundamental freedoms and government efforts to address structural, legal, social, cultural and economic challenges. Egypt made recommendations.

45. El Salvador noted compliance with recommendations made previously. It applauded dialogue with human rights actors. It welcomed socioeconomic reforms, which focused on education and sociocultural affairs. It made recommendations.

46. Estonia noted the progress in women’s and children’s rights. It encouraged the efforts to fight gender-based violence, decriminalize abortion, reduce school dropout and adolescent pregnancy, and protect freedom of expression and opinion. Estonia made recommendations.

47. Ethiopia appreciated measures to strengthen the right to health, through family and community health care, and to protect the rights of women and children. It commended efforts to guarantee access to electricity. Ethiopia made recommendations.

48. Finland welcomed support for the protection of victims of rape or violence, but expressed concern that amendments to the Comprehensive Act against Violence towards Women weakened victim protection. Finland made recommendations.

49. France welcomed the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities by Nicaragua. France made recommendations.

50. Germany noted criminal code amendments on violence against children, health care and access to education. It expressed concern about obligations under the International Covenant on Civil and Political Rights and deplored the lack of progress in decriminalizing abortion. Germany made recommendations.

51. Ghana noted the improved legal framework, particularly regarding women, persons with disabilities, migrants and persons of African descent. It commended the standing invitations issued to special procedures. Ghana made recommendations.

52. Guatemala welcomed efforts to eradicate poverty and to reduce hunger and insecurity. It shared concerns about poor birth registration, particularly of indigenous children and children of African descent. Guatemala made a recommendation.

53. The Holy See commended institutional strengthening, increased access to education, food, health care, potable water, adequate sewage treatment and housing, and poverty reduction efforts. It encouraged wider participation in decision-making. It made recommendations.

54. Angola applauded efforts to improve human rights and to increase women’s participation in politics, expressing concern about gender inequality, especially among indigenous women and in rural areas. Angola made a recommendation.

55. Hungary welcomed human rights training for public officials but was concerned about human rights violations by police authorities. It deplored legislative amendments weakening protection for women victims of violence. Hungary made recommendations.

56. India commended poverty reduction through the Zero Hunger programme and measures to guarantee access to health care and education. It welcomed the adoption of the Act on Public Information. India made recommendations.

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57. Indonesia noted the reduction in poverty and malnutrition, and the improvement in health care. It commended the increased school retention rate but believed further progress could be made. Indonesia made recommendations.

58. Ireland commended the Comprehensive Act against Violence towards Women but was concerned about amendments regarding mediation between victims and aggressors. It was also concerned about threats against journalists. Ireland made recommendations.

59. The Islamic Republic of Iran noted the Government’s objectives, including economic growth, poverty reduction and reduced social inequality. It noted prioritization of women and children. The Islamic Republic of Iran made recommendations.

60. Israel was concerned that Nicaragua had nine reports outstanding to various treaty bodies, some of which were six years overdue. Israel made recommendations.

61. Italy recognized progress in reducing poverty and malnutrition, and on women and indigenous peoples’ rights. It noted widespread child labour. It asked about actions addressing prison conditions and detainees’ rights. Italy made recommendations.

62. Answering some of the remarks delivered during the interactive dialogue and to questions sent in advance regarding abortion, the delegation of Nicaragua stated that legislation on the matter had been adopted by a majority vote in the National Assembly and was supported by public opinion. Under a Ministry of Health protocol, health professionals were required to provide medical treatment when the life of the mother was in danger. The national strategy on sexual and reproductive health provided for obstetric services throughout pregnancy and assistance was guaranteed in obstetric emergencies.

63. Nicaragua maintained its position not to ratify the Rome Statute of the International Criminal Court. The Court had not demonstrated sufficient impartiality. Amnesties carried out by Nicaragua had not excluded any type of offence, and crimes falling under the scope of the Court were categorized in the Nicaraguan Criminal Code.

64. A feasibility study was currently being conducted of the Interoceanic Grand Canal project, construction of which would begin in 2015. The Canal would enable Nicaragua to improve the well-being of its population and provide a model of sustainable growth.

65. Human rights violations by police officers were dealt with by the competent courts, and were punished. In addition, the National Police disciplinary regulations had been updated, to better apply and widen the disciplinary system; and internal specialized human rights structures had been strengthened.

66. Human rights training was mandatory for new police and prison officers, and was included in continuing professional development programmes for existing officers.

67. Nicaragua had welcomed a visit from the Subcommittee on Prevention of Torture, to evaluate compliance with human rights obligations. Ratification of the Optional Protocol to the Convention against Torture had led to the creation of the national preventive mechanism against torture, which carried out regular visits to detention centres, holding cells and migrants’ shelters, and submitted reports and recommendations to the competent authorities.

68. Lithuania commended efforts to protect women rights and to reduce gender-based violence. It remained concerned about the restrictions on the enjoyment of freedom of expression, of assembly and of association. Lithuania made recommendations.

69. Luxembourg welcomed the commitment of Nicaragua to improving social services for the poorest, but expressed concern at the persistence of physical and sexual violence against women and girls, despite the efforts undertaken by the authorities. It made recommendations.

70. Malaysia noted that Nicaragua had met the World Food Summit goal of reducing the number of undernourished persons. It encouraged Nicaragua to continue its efforts to combat poverty. Malaysia made recommendations.

71. Mexico commended efforts to combat poverty and investment initiatives in clean energies. It hoped that the UPR would help Nicaragua to overcome human rights challenges. Mexico made recommendations.

72. Montenegro wished to discuss the results achieved in the implementation of the Comprehensive Act against Violence towards Women and of the recommendations of the Committee on the Rights of the Child. Montenegro made recommendations.

73. Morocco praised the efforts of Nicaragua to pursue sustainable economic growth and poverty reduction, as well as its fight against malnutrition and illiteracy. Morocco noted the importance of the adoption of the National Plan for Youth Employment. Morocco made recommendations.

74. The Netherlands was concerned about gender-based violence. Noting that abortion was criminalized, it expressed concern at the violation of the sexual and reproductive rights of women in Nicaragua. It made recommendations.

75. Nigeria welcomed efforts towards poverty eradication and programmes to increase the availability of food. It urged Nicaragua to ensure gender balance, fundamental rights and basic freedoms for its citizens. Nigeria made recommendations.

76. Norway congratulated Nicaragua on the ratification of ILO Convention No. 169 and increased respect for lesbian, gay, bisexual and transgender rights. It expressed concern at violence against women and the criminalization of abortion. Norway made recommendations

77. Pakistan appreciated the efforts to reduce extreme poverty, improvement of socioeconomic indicators, adoption of the 2013-2017 National Human Development Plan and progress in access to education and the provision of health services. Pakistan made recommendations.

78. Paraguay welcomed the National Human Development Plan and commended the fact that the Nicaraguan Institute for Women had been raised to ministerial status. It noted the criminalization of femicide. Paraguay made recommendations.

79. Peru noted progress, including ratification of the Convention against Torture, adoption of legislation on persons with disabilities and on gender-based violence, and criminalization of femicide in the Criminal Code. Peru made recommendations.

80. The Philippines noted the adoption of laws on human trafficking. It appreciated measures to combat poverty and unemployment, and action to safeguard human rights against the impact of climate change. It made recommendations.

81. Poland appreciated the efforts to protect women and children. It encouraged Nicaragua to maximize its efforts to provide a conducive environment for civil society. Poland made recommendations.

82. Belgium welcomed the significant decrease in the number of people suffering from hunger. However, it remained concerned at issues relating to the rights of women and children and the situation of human rights defenders. Belgium made recommendations.

83. The Republic of Korea appreciated the efforts to improve people’s living standards and access to education, and to eradicate violence against women. It wanted Nicaragua to improve people’s civil and political rights. It made recommendations.

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84. Romania acknowledged positive developments in Nicaragua since the previous UPR cycle, such as improvements in the registration of births. Romania made a recommendation.

85. The Russian Federation noted progress in the areas of citizens` social and economic rights, including the fight against extreme poverty and malnutrition, overcoming illiteracy and access to potable water, health and education. It made recommendations.

86. Sierra Leone noted that Nicaragua was a party to most of the core international human rights treaties. It praised the ongoing revision of the national Constitution, and the Strategic Plan against Trafficking in Persons. It made recommendations.

87. Singapore noted the progress made in reducing infant and maternal mortality rates since the last UPR. It praised the increase in the retention rate in primary schools and in enrolment in secondary schools. Singapore made recommendations.

88. Slovakia welcomed the level of representation of women in public life, but noted the persistence of violence against women. It asked about the measures envisaged by the Government to address sexual abuse of girls effectively. Slovakia made recommendations.

89. Slovenia stressed that amendments to the Comprehensive Act against Violence towards Women weakened protection for women victims of violence. It noted that abortion was outlawed under all circumstances and that journalists were still subject to threat and harassment. Slovenia made recommendations.

90. Spain congratulated Nicaragua on being a party to the Convention on the Rights of Persons with Disabilities and on its commitment in that area. Spain recognized progress in the fight against discrimination and violence against women. It made recommendations.

91. Sri Lanka recognized the efforts to address poverty and social inequality. It welcomed progress in education, including a reduction in illiteracy, and efforts to promote gender equality. Sri Lanka made recommendations.

92. The State of Palestine noted the implementation of the central information system for children and adolescents and welcomed the adoption of the National Human Development Plan. It made recommendations.

93. Sweden considered that the criminalization of abortion endangered women and conflicted with international human rights instruments. It questioned the independence of the judiciary and the quality of the courts’ decisions. Sweden made recommendations.

94. Switzerland praised the adoption of the Comprehensive Act against Violence towards Women. However, it raised the issue of impunity and the challenges faced by victims of sexual abuse and domestic violence to gain access to judicial procedures. Switzerland made recommendations.

95. The Syrian Arab Republic noted developments in human rights legislation, and achievements regarding access to education and reduction in illiteracy. It commended the comprehensive family care system. It made a recommendation.

96. Thailand acknowledged efforts to enhance gender equality, resulting in more women in managerial positions. It welcomed improvements in legislation concerning vulnerable groups, and plans for prison expansion. Thailand made recommendations.

97. Trinidad and Tobago complimented Nicaragua on its efforts to eradicate extreme poverty pursuant to Millennium Development Goal 1. Trinidad and Tobago noted the steady growth of the Nicaraguan economy following the financial crisis. It made recommendations.

98. Tunisia noted the improvement of the legislative and normative framework and the efforts to eradicate poverty and violence against women. It encouraged Nicaragua to fight discrimination against indigenous peoples. Tunisia made recommendations.

99. Ukraine was concerned about child labour and discrimination, children’s right to education, racial discrimination, gender-based violence and the human rights of prisoners and detainees. Ukraine made recommendations.

100. The United Arab Emirates appreciated the improved health care and newly built hospitals. It welcomed the data on modern medical treatment. It urged Nicaragua to promote the right to health and include older persons.

101. The United Kingdom encouraged Nicaragua to raise awareness of abuse against vulnerable groups, and legislate on the rights of lesbian, gay, bisexual, transgender and intersex people. It made recommendations.

102. Concerning child labour, the delegation of Nicaragua emphasized the actions undertaken to transform the problem into a social welfare model for children. The “Love Programme” was currently being implemented with the aim of restoring the right of children to live in normal conditions and grow up with their families, and creating child development centres for the professional care of working mothers’ children, as well as ensuring the right to be registered, the right to specialized care for children and adolescents with disabilities, the rights of children of Nicaraguans who had migrated or were deprived of liberty, and the right of children to grow up without having to work. During the period 2011-2013, 568,208 families had been supported and 187,721 children under 6 had been assisted. Likewise, in the period 2010-2013, an annual average of 18,103 children and adolescent workers had been integrated into the school system.

103. On the issue of disability, the delegation indicated that the Government had achieved the modernization of the Law on the Rights of Persons with Disabilities, eliminating the welfare approach of previous legislation. The country was making an effort to provide inclusive education and was also working on the establishment of the Office of People with Disabilities within the Office of Citizen Power with the participation of organizations working in the area of disability.

104. With regard to the situation of the lesbian, gay, bisexual, transgender and intersex community, the delegation remarked that the Criminal Code did not criminalize the concept of hate, but instead criminalized discrimination. Discrimination based on sexual orientation was considered an aggravating circumstance. In Nicaragua, very few cases involving deaths of lesbian, gay, bisexual, transgender and intersex people had occurred and none of them had been considered hate crimes. The perpetrators in those cases had been prosecuted in accordance with the Criminal Procedure Code. No defender of the rights of sexual diversity had ever been disturbed in the exercise of his or her work.

105. The Special Prosecutor for the Right to Sexual Diversity ran a five-year training strategy on the right to sexual diversity for government officials, mainly members of the National Police, the judiciary and the Ministry of Education.

106. The delegation emphasized that the rights of women and fighting violence against women were priorities for the Government. The State had taken a number of actions ranging from prevention, protection and care for victims, to the criminalization of new violent behaviour against women that had not previously been criminalized. Comprehensive Act No. 779 on Violence against Women and amendments to Law No. 641 on the Criminal Code were being fully implemented. Act No. 779 criminalized femicide and other forms of violence against women.

107. To bring it into line with international standards, Act No. 779 had been amended to incorporate the principle of opportunity established in the Criminal Procedure Code.

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Consequently, a mediation process had been established, but its application was narrowly limited to the safeguard and protection of victims and it did not automatically replace any judicial process. Mediation was applicable only in cases of less serious offences, and it was not obligatory. There were other limitations in the application of mediation, such as the need for the victim’s consent. The perpetrator could only have access to that procedure once in his life, and must not have any criminal record for offences defined in Law No. 779.

108. The Government had also launched a Comprehensive Women Support Model, the result of which had been the establishment of a police station for women and children in each of the 153 existing municipalities.

109. Concerning human rights defenders and journalists, the delegation observed that the right to freedom of expression and association was guaranteed, as evidenced by the presence of 6,014 non-governmental organizations in the country and the 12 per cent increase in trade unions and 196 per cent increase in cooperatives, compared to 2009. Similarly, there was neither media censorship nor any persecution of human rights defenders, journalists or the media. In 2013 and so far in 2014, the national police had received only seven complaints of acts committed against journalists, six of which had been sent to the competent judicial authority.

110. The delegation reiterated the State’s willingness not to leave unpunished any act against the rights of the person, especially against the right to freedom of expression, as well as against human rights defenders. The delegation invited those affected to use the mechanisms established in domestic law so that such acts did not go unpunished.

111. In relation to some concerns about the electoral process, the delegation underlined that Nicaragua guaranteed the full exercise of democracy and the Nicaraguan people had a long tradition of participating in electoral processes. In the latest presidential election, the current President had won with 62.46 per cent of the vote, which highlighted the people’s confidence in their elections. In May 2014, elections had been held for regional councils in the autonomous regions, in which political organizations with 768 candidates representing different ethnic groups (Creoles, Garifuna, Mestizos, Miskitos, Rama and Sumo) had participated; both men and women under the principle of fairness and proportionality established by the electoral law.

112. Regarding the independence of State powers, in April 2014 the National Assembly had elected with a large majority the public officials of the three powers of the State, who had previously been proposed by the integrated political forces in the National Assembly.

113. The head of the delegation expressed her deep gratitude for the recommendations and comments made by all States, which would be carefully considered by Nicaragua.

II. Conclusions and/or recommendations∗∗ 114. The recommendations formulated during the interactive dialogue/listed below have been examined by Nicaragua and enjoy the support of Nicaragua:

114.1. Consider the ratification of human rights instruments to which it is not yet a party (Bolivia (Plurinational State of)); 114.2. Criminalize the sale of children (Mexico);

** Conclusions and recommendations will not be edited.

114.3. Further its endeavours with regard to the strengthening of the normative and institutional framework for the protection and promotion of human rights (Azerbaijan); 114.4. Continue to strengthen the legal system with new bodies (Egypt); 114.5. Continue its efforts to strengthen the institutional and legal framework for human rights protection (Uzbekistan); 114.6. Strengthen the capacity of the Office of the Human Rights Advocate (Ethiopia); 114.7. Continue to strengthen measures to ensure independence of the Office of the Human Rights Advocate (India); 114.8. Further strengthen and support the independence and impartiality of the Procuraduria para la Defensa de los Derechos Humanos and ensure that it fully adheres to the Paris Principles (United Kingdom of Great Britain and Northern Ireland); 114.9. Establish a Human Rights Inter-Institutional Body to allow better coordination and articulation of policies, plans and programmes from the Executive Branch aimed at improving the mechanisms for promotion and protection of human rights (Paraguay); 114.10. Establish a State institution responsible for policy development, follow-up and coordination of actions in the area of human rights (Peru); 114.11. Continue the efforts in order to mainstream the issue of human rights protection in its national development plan (Ecuador); 114.12. Continue promoting its vocation for peace, cooperation and international solidarity, in favour of the sustainable development of our peoples (Venezuela (Bolivarian Republic of)); 114.13. Continue its renewed efforts and commitments to lead Nicaragua towards good living, prosperity and happiness, through the paths of reconciliation and national unity, equality, solidarity, sustainable development and further promotion and protection of human rights (Viet Nam); 114.14. Continue strengthening the security and peace of the people, institutionalizing the leading participation of the person, the family and the organized community, both in the territory and in social and productive sectors (Cuba); 114.15. Continue implementing the model of seeking consensus and shared responsibility for good living (Cuba); 114.16. Consider implementing a model of consensus-seeking and shared responsibility for good living (Egypt); 114.17. Continue to develop national strategies and programmes to protect vulnerable populations, particularly women, children, persons with disabilities and elderly people (Russian Federation); 114.18. Further promote the collective rights of women, children, persons with disabilities, people belonging to ethnic and religious groups, and persons living with HIV/AIDS, and promote tolerance and mutual respect for all, including by developing a mechanism to this end (Thailand);

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114.19. Strengthen its good governance and reform process of its judicial system and national mechanism for human rights, with more focus on employment, social welfare, education and health care, especially for families in rural areas and vulnerable groups of women, children and persons with difficulties (Viet Nam); 114.20. Allocate more resources to the policies in favour of children (Algeria); 114.21. Continue actions for the promotion and protection of the human rights of peasants and other persons working in the rural areas (Bolivia (Plurinational State of)); 114.22. Remain engaged with the international community in encouraging collective action on the issue of human rights and climate change (Philippines); 114.23. Share its best practices in the field of human rights (Bolivia (Plurinational State of)); 114.24. Submit its overdue initial reports to the Committee on Migrant Workers and the Committee on the Rights of Persons with Disabilities (Ghana); 114.25. Cooperate with the human rights protection bodies through the submission of its due reports to all treaty bodies (Israel); 114.26. Cooperate with special procedures mandate-holders by accepting the visit request made by the Special Rapporteur on the sale of children, child prostitution and child pornography (Israel); 114.27. Continue its efforts to empower women (Afghanistan); 114.28. Step up efforts to eliminate discrimination against women and girls, including against rural and indigenous women, improve women’s access to education and guarantee their right to health, including the sexual and reproductive rights (Czech Republic); 114.29. Take appropriate measures for a better integration of indigenous women within society (Angola); 114.30. Take further necessary measures to increase the percentage of women in decision-making positions (Afghanistan); 114.31. Further strengthen efforts to ensure equal participation of men and women in elected office (Egypt); 114.32. Continue its efforts aimed at ensuring respect for, and eradication of discrimination against, indigenous peoples and persons of African descent, in particular women and girls (El Salvador); 114.33. Continue the fight against all discrimination, in particular discrimination targeting persons belonging to indigenous peoples living in the two Atlantic regions of the country (France); 114.34. Continue with the measures aimed at combating stereotypes and discrimination suffered by lesbian, gay, bisexual, transgender and intersex persons (Argentina); 114.35. Bring conditions of detention in line with international standards, in particular to reduce overcrowding and promote non-custodial measures (Austria);

114.36. Continue the improvement of the conditions of detention in jails, in particular by fighting prison overcrowding (France); 114.37. Continue to improve the conditions of persons deprived of liberty and expand the prison infrastructure in order to reduce overcrowding and improve detainees’ living conditions (Republic of Korea); 114.38. Consider adopting the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, known as the Bangkok Rules, to respond to specific needs of female inmates (Thailand); 114.39. Continue to implement provisions contained in the Family Code and the Comprehensive Act against Violence towards Women (Russian Federation); 114.40. Strengthen the actions which ensure the effective implementation of legislation on special protection for women victims of violence (Argentina); 114.41. Expand the legislation in order to protect women against all forms of violence and ensure that gender-based violence does not lead to impunity (Netherlands); 114.42. Revise its legislation on violence against women in order to strengthen the rights of victims and to fight the impunity of perpetrators (Luxembourg); 114.43. Fully implement without further delay Act 779 on violence against women (Austria); 114.44. Ensure full compatibility of all provisions of Act 779 with its international obligations and allocate the necessary budget to allow for its proper and prompt implementation (Hungary); 114.45. Monitor the implementation of Act 779 and provide instruction on the dynamics of violence against women to all persons participating in the mediation processes envisaged under the Act, in order to ensure the full protection of the rights of women (Ireland); 114.46. Ensure that all reports of violence are thoroughly investigated and that the perpetrators are brought to justice (Lithuania); 114.47. Provide the necessary assistance to the victims of violence, including through adoption of rehabilitation and reintegration programmes (Lithuania); 114.48. Implement, as early as possible, a witness protection programme for women victims of all forms of violence (Brazil); 114.49. Establish sustainable and effective centres where women whose rights have been violated and who have been victims of abuse and violence can go and find support (Estonia); 114.50. Strengthen measures combating all forms of violence against women and children, especially through the reinforcement of the legal framework in this field (Algeria); 114.51. Continue its efforts to implement legal protection measures for women-victims of all forms of violence by establishing a witness protection programme as it will increase their access to justice and their protection (Poland);

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114.52. Continue its policies to combat violence against women and take further steps to promote their access to justice (Sri Lanka); 114.53. Ensure protection of women and girls from all forms of violence, including sexual violence (Ukraine); 114.54. Strengthen the implementation of effective programmes for the protection and rehabilitation of, and comprehensive attention to, victims of trafficking (Chile); 114.55. Continue monitoring and fighting the trafficking of persons and therefore renew the National Plan against Commercial Sexual Exploitation of Children and Adolescents (Holy See); 114.56. Ensure that appropriate resources are provided for the full implementation of laws and programmes to combat trafficking of women and children (Philippines); 114.57. Prevent domestic and gender violence and child abuse, including through public awareness-raising programmes on child abuse and in particular on sexual abuse (Honduras); 114.58. Formulate a national plan to combat violence against children, including corporal punishment and sexual abuse, which includes considerations on prevention, care and reparation (Honduras); 114.59. Formulate a national plan to address violence against children that will include aspects of prevention, care and reparations as well as launch public awareness programmes on child abuse (Poland); 114.60. Explicitly prohibit corporal punishment of children in all settings, including the home and detention facilities (Austria); 114.61. Deploy further efforts in order to eradicate child labour, so as to better ensure full enjoyment of the rights of every child (Italy); 114.62. Undertake steps to strengthen mechanisms to prevent child labour (Trinidad and Tobago); 114.63. Step up efforts to eliminate hazardous work conditions for children working in the agricultural sector (Ukraine); 114.64. Take all necessary measures to ensure separation of powers and due independence of the judiciary to secure the right to free and fair judicial processes (Canada); 114.65. Take concrete measures aiming at improving the access of women and children to justice (Switzerland); 114.66. Ensure effective participation and access to justice, emphasizing the regional priority granted to the combat of violence against women (Chile); 114.67. Continue efforts to strengthen its juvenile justice system through, inter alia, considering the incorporation of the restorative justice principle (Indonesia); 114.68. Speed up the adoption of the family law and take the necessary measures for its enforcement (Syrian Arab Republic); 114.69. Take steps to further strength the framework for the protection of family rights, including early adoption and implementation of the Family Code (Pakistan);

114.70. Continue working towards the adoption of the new civil registration law in the country (Guatemala); 114.71. Enact legislation that guarantees that all children are registered at birth and are provided with appropriate birth certificates (Holy See); 114.72. Develop an awareness-raising campaign in the rural, indigenous and Afro-descendant areas with the view of increasing the birth registration of these vulnerable groups (Mexico); 114.73. Facilitate birth registration and provide easy registration procedures for indigenous children and children of African descent (Sierra Leone); 114.74. Revise its legislation related to the birth registration to ensure birth registration to all indigenous children and children of African descent (Tunisia); 114.75. Raise the minimum age for marriage to 18 years and improve maternal and neonatal health services, especially in rural areas and among indigenous people (Holy See); 114.76. Ensure that the issue of early child marriage is addressed promptly, inter alia by making the minimum age for marriage equal for girls and boys (Montenegro); 114.77. Raise the minimum age for marriage for both boys and girls to 18 (Sierra Leone); 114.78. Continue developing efforts to guarantee the full exercise of the right to freedom of information and expression, promoting the independence and pluralism of the media, and develop awareness programmes about the importance of this human right (Uruguay); 114.79. Guarantee freedom of expression and information through the independence and pluralism of the media and guarantee freedom of association (France); 114.80. Promote the independence and pluralism of the media, mindful that freedom of expression is a fundamental human right (Israel); 114.81. Create and ensure an enabling environment for free and independent media (Lithuania); 114.82. Promote efforts to ensure that the right to freedom of expression can be fully exercised and that all violations against human rights defenders and journalists are effectively investigated and prosecuted (Norway); 114.83. Further promote freedom of expression and the independence of the media (Sierra Leone); 114.84. Guarantee a safe and enabling environment for journalists and human rights defenders and ensure that all cases of attacks against them are investigated by independent and impartial bodies (Austria); 114.85. Take all necessary measures for the protection of journalists and human rights defenders, in particular through the prosecution of the authors of intimidation or violence against them, and by ensuring the independence of their actions (France);

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114.86. Ensure that members of the political opposition, civil society organizations as well as journalists are free to express their views and opinions, including guarantees for their rights to freedom of assembly (Germany); 114.87. Investigate all allegations of threats and harassment against journalists and bring the perpetrators to justice (Ireland); 114.88. Ensure that the rights of human rights defenders are respected and ensure that the judicial authorities carry out thorough and impartial investigations with respect to threats, intimidation and violence against human rights defenders (Belgium); 114.89. Avoid any obstacle to the work exercised by individuals and institutions protecting human rights in Nicaragua (Spain); 114.90. Comply with the recommendation accepted in 2010, but not yet implemented, to establish an “Observatory on Human Rights Defenders” in collaboration with organizations that defend human rights in the country (Spain); 114.91. Guarantee the right to freedom of assembly and of association in accordance with international obligations (Lithuania); 114.92. Continue ensuring that cases where police officers are accused of failing to protect peaceful protestors are promptly and fully investigated, and those responsible are brought to justice (Lithuania); 114.93. Implement fully the bill on access to information and take effective measures to protect freedom of the press by investigating all reported incidents of intimidation or harassment of journalists (Canada); 114.94. Redouble efforts to promote the full exercise of the right to information and freedom of expression and promote, likewise, the independence and pluralism of the media (Costa Rica); 114.95. Continue its efforts to promote the full exercise of the right to freedom of information and expression (India); 114.96. Expand programmes for the promotion of employment, and food assistance activities for vulnerable populations in the framework of the fight against poverty and social inequality (Uzbekistan); 114.97. Continue promoting the sound social policies implemented to eradicate poverty and inequality (Venezuela (Bolivarian Republic of)); 114.98. Continue guaranteeing the provision of health, food and social protection services in favour of the Nicaraguan people (Venezuela (Bolivarian Republic of)); 114.99. Further improve economic and social indicators, in particular in the sectors of drinking water, education, health and social housing (Democratic People’s Republic of Korea); 114.100. Increase the level of investment in education and social and cultural affairs in rural areas to ensure an equal provision of all services, in particular to disadvantaged groups such as women and indigenous children (El Salvador); 114.101. Continue its activities in the field of poverty eradication (Azerbaijan); 114.102. Continue to step up poverty reduction efforts to improve the people’s living standards (China);

114.103. Make continued efforts to eradicate poverty and extreme poverty (Democratic People’s Republic of Korea); 114.104. Continue implementing policies and programmes aimed at combating poverty (Ecuador); 114.105. Continue efforts to eradicate extreme poverty and strengthen the right to health through the community health-care model (Iran (Islamic Republic of)); 114.106. Continue to raise efforts pointed at eradicating poverty; and ensure strict implementation of the National Human Development Plan 2013-2017 (Nigeria); 114.107. Continue with its efforts for the improvement of social-economic indicators through elimination of poverty and provision of better employment opportunities for its citizens (Pakistan); 114.108. Further strengthen measures to combat poverty, while paying particular attention to persons belonging to vulnerable groups, such as women, children, the elderly and people in rural areas (Sri Lanka); 114.109. Continue monitoring the guarantee of the exercise of the human right to drinking water and sanitation, respecting the principle of non- discrimination, granting specific attention to rural communities and vulnerable groups, and supporting the committees for drinking water and sanitation as well as the municipal governments (Spain); 114.110. Continue its efforts to ensure school attendance and for the provision of housing, food and health services to vulnerable children (State of Palestine); 114.111. Continue improving access to adequate food for the population in extreme poverty, especially in rural areas (State of Palestine); 114.112. Continue to improve access to food, especially in rural areas, for persons living in extreme poverty (Trinidad and Tobago); 114.113. Improve health care (Nigeria); 114.114. Continue its efforts to strengthen the right to health at the national level and extend this right to vulnerable groups such as persons with disabilities and old persons (United Arab Emirates); 114.115. Continue to improve the national healthcare system and ensure access to quality healthcare for all (Singapore); 114.116. Continue to build the capacity of health and social services to provide care to children with disabilities (Egypt); 114.117. Promote the capacity of social and health services so that they can provide care to children with disabilities (Israel); 114.118. Continue its efforts to build the capacities of the health and social services sectors with the aim of providing necessary care for persons with disabilities, including children with disabilities (Malaysia); 114.119. Continue its efforts to expand the coverage of and access to basic health services (India); 114.120. Continue efforts to provide comprehensive health care to all people in Nicaragua, including through improving access and services in rural areas,

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with the aim, inter alia, to close the gap between the infant mortality rate in rural and urban areas (Indonesia); 114.121. Intensify efforts to improve maternal and child health in the country (Ethiopia); 114.122. Provide universal access to safe and comprehensive sexual and reproductive health services and examine the link between gender-based violence and sexual and reproductive rights (Australia); 114.123. Ensure that adequate information on family planning and the regulation of fertility is publicly available (Finland); 114.124. Prioritize education for all (Nigeria); 114.125. Continue strengthening its sensible education programmes, as a key element for the development of the country (Venezuela (Bolivarian Republic of)); 114.126. Continue the measures aimed at the improvement of the quality of education and of health services (Algeria); 114.127. Take further measures to ensure the effective implementation of measures to fulfil the human right to education (Portugal); 114.128. Continue to improve its education system and ensure access to quality education for all (Singapore); 114.129. Address the questions of pre-school coverage, drop-out rates, as well as violence and discrimination in schools (Portugal); 114.130. Ensure that the education system is fully equipped to implement an inclusive education policy (Portugal); 114.131. Continue to increase investments in education to improve the enrolment rate (China); 114.132. Continue its endeavour to increase the national general budget for education, in order to guarantee the right to quality education for children (Iran (Islamic Republic of)); 114.133. Step up its measures in the area of promoting the right to education by continuing efforts aimed at improving the quality of education and increasing the coverage of secondary and technical education (Malaysia); 114.134. Continue its efforts, particularly in education, in pursuing policies supporting disadvantaged populations, ensuring school attendance of all children and reducing school dropout rates among adolescents (Luxembourg); 114.135. Take appropriate measures in the field of education, in particular to combat illiteracy (Mexico); 114.136. Consider specific measures to strengthen secondary school retention (Morocco); 114.137. Continue to increase education quality and participation as a means to combat poverty and child labour (Norway); 114.138. Continue to intensify government action in providing better infrastructure for education (Philippines);

114.139. Promote human rights education through public awareness campaigns in partnership with the Office of the Human Rights Defender and academic institutions (Morocco); 114.140. Carry out proper actions aimed at granting indigenous people the full enjoyment of their rights, in particular health care and education (Italy); 114.141. Ensure the best interests of indigenous people in carrying out large- scale national development projects (Republic of Korea); 114.142. Enhance cooperation and involvement of indigenous peoples in decision-making and take measures to encourage their participation in public and political life (Estonia); 114.143. Continue harmonizing its national legislation with the obligations under ILO Convention No. 169, particularly with respect to the prior consultation of indigenous peoples (Peru); 114.144. Continue the efforts aimed at dealing with mixed migration flows and implement appropriate identification mechanisms and other measures deriving from them in order to respond to the special needs of all persons in need of protection and support (El Salvador).

115. The following recommendations enjoy the support of Nicaragua, which considers that they are already implemented or in the process of implementation:

115.1. Ratify the UNESCO Convention against Discrimination in Education (Tunisia); 115.2. Effectively enforce labour laws with appropriate penalties for violations, and ensure that all citizens have access to government services, regardless of political affiliation (United States of America); 115.3. Establish a national human rights institution in full compliance with the Paris Principles (Ghana); 115.4. Create an environment conducive to free, fair and inclusive elections, including by ensuring the neutrality, independence and professionalism of the Supreme Electoral Council (Czech Republic); 115.5. Look to ensure the continued separation of party and State, to allow adequate transparency and space for further democratic growth, including the impartial functioning of the Supreme Electoral Council in line with recommendations made by regional and international institutions (United Kingdom of Great Britain and Northern Ireland); 115.6. Take further urgent steps to eradicate de facto discrimination reportedly suffered by various groups, including peoples of African descent in rural and remote areas of the country (Ghana); 115.7. Ensure that constitutional protections for freedom of expression, including press freedom, are upheld; and refrain from using administrative, judicial and financial means to unduly restrict the exercise of this right (United States of America); 115.8. Protect the rights to freedom of expression and assembly and ensure all abuses allegedly committed by police are transparently investigated (Australia).

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116. The following recommendations will be examined by Nicaragua, which will provide responses in due time, but no later than the twenty-seventh session of the Human Rights Council, in September 2014:

116.1. Take necessary measures in order to ratify core international human rights instruments, such as the Rome Statue of the International Criminal Court and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Romania); 116.2. Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and recognize the competence of the Committee on Enforced Disappearance, in conformity with articles 31 and 32 (Uruguay); 116.3. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (Lithuania) (Tunisia); 116.4. Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Portugal); 116.5. Ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the optional protocol to the Convention on the Rights of the Child relating to individual complaints (Ghana); 116.6. Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Slovakia); 116.7. Ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Spain); 116.8. Ratify the Optional Protocol to the the Convention on the Elimination of All Forms of Discrimination against Women (Brazil) (Czech Republic) (Norway) (Paraguay) (Sweden) (Switzerland) (Austria); 116.9. Standardize the definition of torture at the national level in compliance with the Convention against Torture (Mexico); 116.10. Ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Slovenia); 116.11. Ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Honduras); 116.12. Continue making efforts to align its legislation with the obligations emanating from the Convention on the Elimination of All Forms of Discrimination against Women (El Salvador); 116.13. Establish policies to reduce the level of discrimination against women, children and indigenous peoples of African descent (Trinidad and Tobago); 116.14. Continue the increased respect of the rights of lesbian, gay, bisexual and transgender people and ensure the approval of an inclusive Family Code respectful of the right to gender identity and sexual orientation (Norway);

116.15. Rephrase its definition of torture in national legislation by aligning it with the Convention against Torture and ensure that the new definition comprehends all elements of torture (Denmark); 116.16. Ensure prompt thorough, independent and transparent investigations into all allegations of rape, torture or other ill-treatment by law enforcement officials, hold those responsible to account and provide reparations and redress to the victims (Hungary); 116.17. Take steps to strengthen the judiciary, by increasing its independence and ensuring compliance with selection and appointment procedures in competitive examinations and working with the Special Rapporteur on the independence of judges and lawyers (Germany); 116.18. Ensure a policy of appointments in the judiciary independent from political interference, and a scrupulous respect for deadlines for their renewal (Spain); 116.19. Institute appropriate reforms to ensure full impartiality of the judiciary and the separation and independence of powers in accordance with international standards (Sweden); 116.20. Ensure the full protection of the freedom of expression of its citizens, including the right to peaceful protest, and refrain from and condemn actions intended to intimidate or repress citizens exercising their rights (Canada); 116.21. Fully guarantee respect for freedom of expression and opinion and fully comply with its commitments under the International Covenant on Civil and Political Rights, in particular articles 19 and 22 (Slovenia); 116.22. Decriminalize defamation (Ghana); 116.23. Establish an institutional structure that guarantees the right of access to public information (Israel); 116.24. Review its legislation to ensure respect of the reproductive rights of women and girls (Belgium); 116.25. Ensure that the education system has all means to implement an inclusive education policy, since a high percentage of children with disabilities is currently excluded from the school system (Israel); 116.26. Involve indigenous communities in any decision related to the management of their ancestral territories (Italy).

117. Nicaragua considers that the following recommendations cannot be accepted and would thus be noted:

117.1 Reassess the possibility of signing and ratifying the Rome Statute of the International Criminal Court (Mexico); 117.2. Consider acceding to the Rome Statute of the International Criminal Court (Uruguay); 117.3. Take steps to ratify the Rome Statute of the International Criminal Court (Trinidad and Tobago); 117.4. Promptly accede to the Rome Statute of the International Criminal Court and implement it in national law (Lithuania); 117.5. Accede to the Rome Statute of the International Criminal Court and to the Agreement on Privileges and Immunities of the Court (Estonia);

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117.6. Accede to the Rome Statute of the International Criminal Court and implement it fully at the national level, and accede to the Agreement on Privileges and Immunities of the Court (Slovakia); 117.7. Accede to and fully align the national legislation with the Rome Statute of the International Criminal Court, including by incorporating provisions to cooperate promptly and fully with the Court in investigations and prosecutions, and accede to the Agreement on Privileges and Immunities of the Court (Sweden); 117.8. Ratify the Rome Statute of the International Criminal Court (Australia) (Costa Rica) (Portugal) (Ghana) (Montenegro) (Austria) (Honduras) (Tunisia); 117.9. Ratify the Rome Statute of the International Criminal Court, as recommended previously (Chile); 117.10. Ratify the Rome Statute on the creation of the International Criminal Court as well as the International Convention for the Protection of all Persons from Enforced Disappearance (France); 117.11. Ratify the Rome Statute of the International Criminal Court, as well as the International Convention for the Protection of All Persons from Enforced Disappearance (Switzerland); 117.12. Investigate credible allegations of human rights violations by security forces and prosecute, as appropriate, parties responsible in accordance with its international obligations and commitments (United States of America); 117.13. Take effective, predominantly legislative steps to protect the rights of persons deprived of their liberty (Ukraine); 117.14. Repeal amendments to Act 779 and urgently address the high levels of violence against women and girls (Australia); 117.15. Reverse the amendments weakening the protection provided under the Comprehensive Act against Violence towards Women (Lithuania); 117.16. Review and amend the Comprehensive Act against Violence towards Women (Act 779) to comply with international standards and ensure its effective implementation (Slovakia); 117.17. Remedy the measure which resulted in weakening the protection afforded by the Comprehensive Act against Violence towards Women (Act 779) and avoid putting women in a situation where they must negotiate with their abusers (Belgium); 117.18. Promote actively plurality of the media, hold perpetrators of attacks against journalists accountable, and decriminalize defamation (Czech Republic); 117.19. Take measures to guarantee the full and effective recognition of sexual and reproductive rights, especially through the decriminalization of abortion (France); 117.20. Consider the possibility of contemplating exceptions to the general prohibition of abortion, especially in cases of therapeutic abortion when the mother’s life is in danger as well as in cases of pregnancies resulting from rape or incest (Uruguay);

117.21. Launch public discussions on the eventuality of abortion in cases where a woman’s health or life is at risk if she continues with the pregnancy, and, as a next step, decriminalize abortion (Czech Republic); 117.22. Modify the penal code in order to restore access to legal and safe therapeutic abortion and the right for the victims of sexual abuse to a legal, safe and unconditioned abortion (Denmark); 117.23. Repeal its current legislation that criminalizes the termination of pregnancies in all circumstances, including in cases of rape, incest and situations where the life of the mother is at risk (Finland); 117.24. Revise legislation to decriminalize abortion in cases of pregnancy resulting from rape or incest and in cases where the life or health of the mother is at risk, as recommended previously (Germany); 117.25. Overhaul fundamentally legislation on abortion, in the first place with regard to victims of rape, especially victims that are minors, as well as concerning pregnancies which seriously endanger the health of the woman (Luxembourg); 117.26. Decriminalize abortion in cases of incest and rape and in cases in which the life or physical integrity of women and adolescents is endangered (Netherlands); 117.27. Decriminalize abortion, and ensure that girls and women are not subject to reprisals for seeking an abortion under any circumstances (Norway); 117.28. Revise its legislation on abortion in order to enable it when the pregnancy is the result of rape or incest, or when it endangers the life or health of the mother (Belgium); 117.29. Decriminalize abortion in all circumstances and ensure that safe and legal abortion services are available for those women and girls whose pregnancy is a result of rape or whose lives or health are put at risk (Slovenia); 117.30. Consider amending the legislation on abortion in order to, as a first step, take into account situations where pregnancy is the result of sexual aggression or incest or when the pregnant woman is in danger, and assure women of their rights to safe medical and reproductive health care (Sweden); 117.31. Temper the law banning therapeutic abortion, or even reintroduce the law repealed in 2006, guaranteeing free choice for women victims of rape or whose health is seriously endangered by the pregnancy (Switzerland).

118. Concerning recommendations 117.10 and 117.11, put forward by France and Switzerland respectively, Nicaragua would have preferred that they be split into two because it has different positions regarding the two international instruments listed therein. Since this was not possible, the delegation had been forced to place both recommendations in the group of those which do not enjoy the support of Nicaragua and, thus, are noted. The Nicaraguan State has a transparent and well-known position on the Rome Statute of the International Criminal Court, for which it cannot accept any recommendation that requires accession to that international instrument. Nonetheless, the State will sovereignly consider the possibility of becoming a party to the International Convention for the Protection of All Persons from Enforced Disappearance. The Government will send its views vis-à-vis this international instrument along with the position of those recommendations contained in paragraph 116.

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119. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation The delegation of Nicaragua was headed by Ms. Ana Isabel Morales Mazun,

Minister for the Interior and composed of the following members:

• Mr. Carlos Robelo Raffone, Ambassador, Permanent Representative of Nicaragua in Geneva;

• Ms. Alina Arguello González, Director General of International Organizations and Conferences, Ministry of Foreign Affairs;

• Ms. Maria Elsa Frixione Ocon, Chief of the International Criminal Affairs, Human Rights and Humanitarian Affairs, Attorney General;

• Mr. Nestor Cruz Toruño, Deputy Permanent Representative of Nicaragua in Geneva.