RES/40/2 Promotion and protection of human rights in Nicaragua

GE.19-05675(E)

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Human Rights Council Fortieth session

25 February–22 March 2019 Agenda item 2

Resolution adopted by the Human Rights Council on 21 March 2019

40/2. Promotion and protection of human rights in Nicaragua

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human

Rights, the International Covenants on Human Rights and other relevant international

human rights instruments,

Reaffirming the primary responsibility of States to respect, protect and fulfil all

human rights and fundamental freedoms and to fulfil their obligations under the human

rights treaties and agreements to which they are parties,

Reaffirming also that States have the primary responsibility for the promotion and

protection of human rights and fundamental freedoms in the context of assemblies such as

peaceful protests, and to ensure that national legislation, policies and practices, including

the national framework for the exercise of the rights to freedom of peaceful assembly, of

association and of expression, are in compliance with international human rights law,

Welcoming the report of the Office of the United Nations High Commissioner for

Human Rights entitled “Human rights violations and abuses in the context of protests in

Nicaragua: 18 April–18 August 2018”, published in August 2018,

Recalling in particular that the United Nations High Commissioner for Human

Rights has the mandate to, inter alia, play an active role in removing the current obstacles

and meeting the challenges to the full realization of all human rights and in preventing the

continuation of human rights violations throughout the world,

Bearing in mind the events in Nicaragua, beginning in April 2018, that have led to a

serious political and human rights crisis, as documented in the report of the Office of the

High Commissioner,

1. Expresses grave concern at reports of serious human rights violations and

abuses, beginning in April 2018 with the disproportionate use of force by the police to

repress social protests, and acts of violence by armed paramilitary groups, as well as reports

of ongoing unlawful arrests and arbitrary detentions, harassment, and torture and sexual and

gender-based violence in detention;

2. Expresses concern over the increasing restrictions on civic space and

expressions of dissent in Nicaragua, including the closure of independent media outlets and

the cancellation of the legal registration, and seizure of assets and goods, of a number of

United Nations A/HRC/RES/40/2

civil society organizations, particularly targeting human rights defenders, including women

human rights defenders, and over reported acts of intimidation and reprisal;

3. Urges the Government of Nicaragua to respect the rights to freedom of

peaceful assembly, of association and of expression, and the independence of the media and

the judiciary, and calls upon the Government to release all those arbitrarily or illegally

detained, to guarantee due process rights and to ensure that conditions of detention are

compliant with its human rights obligations and commitments;

4. Deeply regrets the decision by the Government to withdraw the invitation

extended to the Office of the United Nations High Commissioner for Human Rights to visit

Nicaragua, one day after its report was published, to suspend the mission of the

Interdisciplinary Group of Independent Experts and to withdraw the invitation extended to

the Special Follow-up Mechanism for Nicaragua, both of the Inter-American Commission

on Human Rights;

5. Calls upon the Government to resume its cooperation with the Office of the

High Commissioner, the mechanisms of the Human Rights Council and the relevant treaty

bodies, as well as the Organization of American States and the Inter-American Commission

on Human Rights, including by facilitating visits, granting unfettered access throughout the

country, including to detention facilities, and preventing and refraining from all acts of

intimidation or reprisal, and to positively consider the recommendations made in their

reports, and offers of technical assistance;

6. Urges the Government and the Civic Alliance for Justice and Democracy to

resume the national dialogue that began on 27 February 2019 and that allowed for the

adoption of a road map, and calls upon all parties to ensure a wide, credible, representative,

inclusive and transparent dialogue, with the support of the international community, to

allow for a peaceful and democratic resolution of the crisis;

7. Urges the Government to guarantee a thorough and transparent accountability

process with a view to ensuring access to justice and reparation for the victims of human

rights violations and abuses in Nicaragua and that all perpetrators are held accountable;

8. Requests the United Nations High Commissioner for Human Rights to

prepare a comprehensive written report on the human rights situation in Nicaragua and to

present it to the Human Rights Council at its forty-second session, to be followed by an

enhanced interactive dialogue, and to present an oral update on the human rights situation

to the Council at its forty-first and forty-third sessions.

52nd meeting

21 March 2019

[Adopted by a recorded vote of 23 to 3, with 21 abstentions. The voting was as follows:

In favour:

Afghanistan, Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile,

Croatia, Czechia, Denmark, Fiji, Hungary, Iceland, Italy, Japan, Mexico,

Peru, Slovakia, Spain, Ukraine, United Kingdom of Great Britain and

Northern Ireland, Uruguay

Against:

Cuba, Egypt, Eritrea

Abstaining:

Angola, Bahrain, Bangladesh, Burkina Faso, Cameroon, China, Democratic

Republic of the Congo, India, Iraq, Nepal, Nigeria, Pakistan, Philippines,

Qatar, Rwanda, Saudi Arabia, Senegal, Somalia, South Africa, Togo, Tunisia]