See also: Closing statement by Nicaragua to the UN Human Rights Council
PRESENTATION OF THE STATE OF NICARAGUA III CYCLE OF THE UNIVERSAL PERIODIC EXAM
Geneva, Switzerland,
May 15, 2019
Thank you very much
Mr. President;
Excellences,
Representatives of the Members States that compose the Human Rights Council of the United Nations,
Honorable Secretary of the Universal Periodic Review,
Representative of the Office of the High Commissioner for Human Rights,
Members of other International Organizations,
Brothers and Sisters.
- Presentation
It is an honor to represent the Government of Reconciliation and National Unity led by Commander Daniel Ortega Saavedra and to have the opportunity to present the advances of Nicaragua in this Third Cycle of the Universal Periodic Review (UPR).
- Historic context
Nicaragua is a Young Democracy of only 40 years, born with the triumph of the Sandinista Popular Revolution, in 1979, over a bloody dictatorship of more than 4 decades of oppression, death and Human Rights violations. As soon as the profound transformations demanded by the Nicaraguan people began, after years of stagnation and misery, a brutal war of aggression was imposed on us, despite which, we managed to carry out deep social, economic and political transformations.
The new Political Constitution approved in 1987 recognizes the fundamental rights and guarantees of our people, assimilating the multiethnic and pluricultural nature of the Nicaraguan nation and incorporating for the first time ever, the main international human rights instruments.
Despite the external aggression, between 1980 and 1990, the Government of Nicaragua promoted the fight against poverty, malnutrition and infant mortality, inequality, access to health, decent housing, among other important rights.
The right to education was emphasized by the participation of tens of thousands of urban and rural youth in the National Literacy Campaign to eradicate illiteracy in more than 60% of the population. UNESCO describes this noble gesture as the greatest educational and cultural achievement in the history of Nicaragua, registered in the Memory of the World.
The imposition of war, economic sanctions and the blockade of our ports, served as a backdrop to the 1990 elections, which allowed, yet again, to highlight the democratic commitment of the country's revolutionary forces, when the first peaceful transition of government in the history of Nicaragua took place.
The subsequent 16 years would be characterized discriminatory and focused neo-liberal policies, aimed at reversing the rights that the people had gained, privatizing public services and deepening the rapid impoverishment of the most vulnerable sectors of the population.
In 2006, the population placed their trust in a new government, with a platform based on Reconciliation and National Unity that facilitated the rapprochement with political, economic and religious sectors and implemented National Human Development Plans, in which the Nicaraguan family became the main protagonist of government programs and poverty was identified as the main historical, structural problem that needed to be eradicated.
An Alliance Model was established between government, the productive-business sectors (small, medium and large) and workers, whom through permanent dialogue in pursuit of consensus, have allowed Nicaragua to effectively address the main economic challenges and achieving indicators of economic growth and social development widely recognized by the international community.
- National Human Development Program
Since 2007, the Government of Reconciliation and National Unity has defined its policies through the formulation of National Human Development Programs, which are currently in execution for the 2018-2021 period.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
- Poverty
During the evaluated period, the Government has focused on improving budgetary management, maximizing the use of resources to expand the social and productive infrastructure, achieving efficient and equitable service provision, creating more fiscal space in which the amount was increased and improving the quality of public spending, maintaining the balance of public finances.
The implementation of the National Human Development Plans and Programs have generated concrete results in the area of Economic, Social and Cultural Rights, among which the reduction of general poverty stands out, having fallen from 29.6% in 2014 to 24.9% in 2016; and the reduction of extreme poverty from 8.3% in 2014 to 6.9% in 2016.
In 2005 the indicators of poverty and extreme poverty were 48.3% and 17.2% respectively, demonstrating the effectiveness of the Government of Reconciliation and National Unity of Nicaragua in the fight against poverty. In its 2015 report, FAO and the World Food Program (WFP) recognized Nicaragua as one of the first Latin American countries to meet Millennium Development Goal 1 (MDG1) by cutting poverty and hunger in half during the 1990 and 2015 period.
- Mortality of boys and girls
We have also complied with MDG 4 by reducing, by 2015, the mortality rate of children by two thirds. According to UNICEF's report on the State of the World's Children 2016, Nicaragua ranks 84th out of 193 countries that are meeting the targets for 2030, continuing to fall from 17 in 2012 to 12.3 in 2018.
This reduction is largely due to the articulation of the Health Programs and the Love for the Smallest Program, which served 680,741 families during the period under evaluation.
- Inequality
In that same report, FAO defines the reduction of the GINI Coefficient of Inequality in Nicaragua from 0.38 to 0.33, as an exemplary result.
- Economic growth
Between 2014 and April 2018, Nicaragua maintained an annual sustained economic growth of over 5% of its Gross Domestic Product, which is the average of the last 10 years, according to figures from the World Bank, the IMF and ECLAC; becoming the third fastest growing economy in Latin America.
- Programs and projects
These achievements and recognitions have been met by our Government implementing more than 40 emblematic social programs and projects to combat poverty with direct results for the wellbeing of the population.
- Education
The right to free quality education has been restituted, through the subsystems of: Basic Education, Middle Schools and Teacher Training; Technical Education and Professional Training; Higher Education; Out-of-School Education and the Regional Autonomous Education Subsystem for Caribbean Coast of Nicaragua (SEAR), which responds to the cultural and identity particularities of the indigenous and afro- descendant population by offering intercultural bilingual education in Miskitu, Mayagna, Tuahka, Panamahka, Ulwa, Garífuna and Creole.
At the national level, enrollment in education has grown steadily. In 2018 overall growth was 22.1% in relation to 2008, earmarking significant resources toward programs aimed at school nutrition and retention, benefiting the most impoverished sectors.
During the evaluation period, through the School Meals and School Backpack Programs, 5,370,168 students have been benefited. 16,330,072 school items were delivered, including school packages, shoes, books and bicycles.
The infrastructure of 1,748 schools and 2,132 classrooms has been improved; and we have incorporated information technology in 765 schools and 169 mobile digital classrooms. Internet access has been ensured in 439 schools and training on educational technologies has been offered to 293,464 protagonists.
Likewise, with the objective of attracting children and teenagers that live in rural areas with difficult access to education, 522 Distance Learning Secondary Schools were set up in the rural areas.
- Children, Girls and Teenagers
Children and Teenagers are a priority for the Government of Reconciliation and National Unity (GRUN), therefore, a "State Policy for the Strengthening of the Nicaraguan Family and Prevention of Violence" is being implemented, as well as the Urban Program for the Wellbeing of Children in Extreme Poverty; and Following-Up on the Implementation of the National Policy of Early Childhood and the Project for Social Welfare.
At the same time, the Nicaragua Children’s Code sanctions physical abuse against children and adolescents by their parents, guardians, educators, authorities or any other person, and establishing that the right to disciplinary correction may not be invoked in these circumstances. Law 779 and the Nicaragua Family Code regulates the restitution of children who have been illegally moved abroad.
The National System for Social Welfare (SNBS), expanded the network of Child Development Centers (CDI) from 60 to 270, carrying out campaigns to prevent abuse, through 160,978 house-to-house visits aiming to promote new parenting styles.
Care and follow-up was provided to 42,073 people through Family Counseling, as a part of the Early Warning System for the Prevention of Violence.
Likewise, 2,913 public servants of the National System for Social Welfare were trained on topics related to special protection and prevention; 1,169,979 guides were delivered in the framework of the Love for the Smallest Program aimed at promoting care and support for childhood growth from pregnancy to the age of 6.
- Health
The Family and Community Health Model is based on the gratuity of all services, through the Strategy for Primary Care.
During this period of examination, we have increased Health facilities from 1,287 to 1,520, the number of doctors from 5,566 to 6,318; health workers from 31,124 to 35,841, Maternal Homes from 165 to 178. As a result, the Maternal Mortality Rate decreased from 37 to 34 per 100,000 live births and we started the "Mobile Clinic Program" with 66 units that provided 2,820,982 attentions.
- Housing
Restituting the right to decent housing for the Nicaraguan families has also been a priority; therefore, it we have promoted housing incentives such as direct subsidies, the advancing of social benefits and the exemption of Value Added Tax (VAT), facilitating the construction of 57,859 new and improved homes, benefiting 236,165 people.
- Drinking water
Urban coverage of the right to potable water increased from 87.2% to 92.5%, benefiting 575,541 new users. Rural coverage increased from 41.77% to 54.90%, benefiting 93,106 new users. 10
- Sewage Management
Urban sanitary sewer coverage was increased from 40.5% to 47.1% with the execution of 85,840 new connections that benefited 460,065 people; in the rural area, coverage remained at 50.04%, with the execution of 10,001 new sanitation units and 1,308 new sanitary connections benefiting 73,223 people.
- Electricity
Fully aware of our commitments, we have developed important advances such as the transformation of the electricity generation matrix, increasing coverage by 14.6%, from 80.4% in 2014 to 95.31% as of October 2018.
These transformations have been achieved thanks to the execution of 4,388 projects, with which we electrified 559,820 homes and 2.9 million inhabitants whom were benefited. An estimated 60% of the energy consumed is generated from renewable sources (2019).
- Road Transportation infrastructure
Nicaragua ranks fifth in the ranking of countries with the best roads in Latin America, according to the global competitiveness index 2017-2018 of the World Economic Forum. During this period, we have built 767km of highway, connecting for the first time in our history the Pacific and the Caribbean Coast Regions of Nicaragua, benefitting 126 municipalities with a population of 3.5 million inhabitants.
- Labor
Regarding Labor Rights, we negotiated and readjusted the minimum wage on a tripartite basis. During this period, 241 new trade union organizations have been registered and 240 collective agreements of the public and private sectors have been negotiated during these four years. The rights of 1,459,096 workers have been protected through labor inspections.
We harmonized our labor legislation with ILO 169 Convention on Indigenous and Tribal Peoples and translated and published the Labor Code to the Miskito language. The National Legal framework however, provides greater protection than that of which is provided in the Convention, by having the "Autonomy of the Caribbean Coast of Nicaragua" (Law 28), and the "Law of the Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Caribbean Coast of Nicaragua and the Bocay, Coco, Indio and Maíz Rivers", (Law 445).
- Property Rights
With respect to Property Rights, the Land Project provided legal security to 138,737 families, that received land deeds, of which 55% are women; promoting the economic development of families and small producers.
During this period, progress was made in the titling of territories of the Communities of the Caribbean Coast where 23 Community Property Titles have been extended; 19 on the Northern Autonomous Region and 4 on the Southern Autonomous Region, benefiting 304 indigenous and afro-descendant communities, made up of 39,531 families or 227,185 individuals. The titled territorial extension corresponds to 37,841.99 Km2, equivalent to 31.16% of the national territory.
- Social Security
Despite the challenges that the Social Security System represents to most countries, we have managed to increase enrollment by 9% of workers, from 690,870 in 2014 to 754,688 as of September 2018. The coverage in the Oncology and Renal substitution Therapy Programs have expanded, benefiting 10,587 and 3,767 patients respectively. Hemodialysis instruments have increased from 155 to 406; and access to health for children of persons insured that are born with permanent disabilities has expanded.
- The Elderly
In relation to the rights of the elderly, in 2015, Law No. 900 "Law for Reduced Pension for the Elderly Insured by the INSS” was approved, increasing access to health by 30%, from 72,032 in 2014 to 100,224 in 2018. 97,070 ophthalmological surgeries were performed, reestablishing sight for many elderly people.
- Persons with disabilities
For the protection of the rights of persons with disabilities, 83 houses were built to support them with their special needs, and 138,540 people with disabilities were treated ensuring their right to health through the Everyone with a Voice Program; in addition to the care provided at the eight audiological clinics and three orthosis and prosthesis workshops.
- Environmental
On the subject of the Environment, as a member country of the United Nations Framework Convention on Climate Change, Nicaragua has adhered to the Paris Agreement, developed its third National Communication and presented the contributions it proposes in order to meet the global objective of reducing emissions from greenhouse gases (Nationally Determined Contribution). In 2018, we assumed the Co-chair of the Green Climate Forum, representing the developing countries.
- Citizen security
Nicaragua continues to be the safest country in the Central American region, recognized as the third least violent country within Latin America, with a homicide rate of 7.5% per 100,000 inhabitants, which is 4 times less than the average in Central America. Only 6.3% of crimes represent dangerous crimes.
The 2015-2016 Global Competitiveness Report, prepared by the World Economic Forum, places Nicaragua as one of the only countries in the continent with a score of less than 1 on the Crime and Theft indicators, which facilitates Businesses, obtaining the best evaluation of the Continent (5.7), due to the low costs that organized crime generates for business.
Latinobarómetro 2015 indicates that crime in Latin America has grown 360% in the last 20 years, while in Nicaragua, it has been steadily reduced by 43% in the last 7 years.
These high levels of citizen security are guaranteed by the different institutions of justice and public order, including the National Police, whose model and efficiency has been recognized in different reports. The 2014 Regional Human Development Report of the United Nations Development Program (UNDP) recognizes that the National Police has consolidated a model of public security with a community-based approach.
- Access to justice and judicial protection
In the strengthening of the right to access to Justice and judicial protection, Magistrates and Judges, in their judicial practices are independent and governed by the principles of equality, legality, speed and the right to defense, among others, guarantees which provided for in Article 129 of the Political Constitution. The constitutional reform of 2014 strengthened judicial independence, creating the National Council of Administration and Judicial Career, with autonomy to direct the judicial career, carrying out 18 selection processes for 637 public servants and ratifying 409 officials by means performance evaluations.
We strengthened the protection and promotion of the human rights of families, through the approval and implementation of the "Family Code" (Law N ° .870), which came into force in April 2015; the Civil Procedural Code of the Republic of Nicaragua (Law No. 902), - in force since April 10, 2016 and the "APPROVAL OF ACCESSION TO THE INTERNATIONAL CHILD SUPPORT AGREEMENT FOR CHILDREN AND OTHER MEMBERS OF THE FAMILY", - approved on August 28, 2018.
75 Judicial Centers Specialized in Family, Violence and Teenagers were expanded and strengthened, along with the System of Judicial Facilitators, the Institute of Legal Medicine (IML), with its Clinics for Women and Children, and the DNA Laboratory.
The Judicial Observatory on Gender Violence was strengthened to monitor and oversee precautionary measures, judicial resolutions and judicial statistics related to crimes of violence against women established within Law 779.
In order to improve access to justice, we implemented the "Regulation of the Specialized Criminal Justice System for Teenagers", the "Public Defense Manual on Teenagers" and the "Protocol of Action of the Specialized Prosecutor in Criminal Justice for Teenagers", as an alternative measure for the solution of conflicts in criminal matters, has been used in 609 conciliations and agreements, which represents approximately 14% of all accusations.
The National Police created two Training Centers, which provide specialized attention to children, teenagers and youth at risk where training was provided to 13,072 young people. These centers are the unique in Central.
In the investigation of crimes against the life, health and physical, mental and sexual integrity of women, 167,009 expert investigations were carried out. 69,605 criminal cases were processed and 62% resolved. It should be noted that for the crime of Femicide, 65 judgments were handed down with a guilty verdict, evidencing the rigorous application of Law 779 "COMPREHENSIVE LAW AGAINST VIOLENCE TOWARDS WOMEN".
In the fight against human trafficking in 2015, "Law 896 against the Trafficking in Persons" was promulgated and harmonized with the laws of Central America and the Caribbean and the National Coalition Against Trafficking in Persons, integrated by government agencies and nongovernmental organizations was strengthened, which has promoted 8,619 prevention and outreach activities for 467,863 people and the training of 44,232 public officials. Of 30 cases of trafficking, 22 were prosecuted, resulting in 20 guilty and 2 not guilty verdicts; 73 victims were rescued (13 men and 60 women, 10 were infants, 28 teenagers and 35 adults).
Civil and Political Rights
- Freedom of expression
In the Republic of Nicaragua there is the absolute exercise of the right to freedom of expression. For example, the diversity of means of communication is reflected in the written, radio and television media which belong to the private sector and that exercise dissemination and communication without any restrictions. The media within its social function must contribute to the development of the Nation and, consequently, to peace, tranquility and national stability. The right to inform is a social responsibility.
- Association, demonstration and public mobilization
Nicaragua recognizes and guarantees the right to association, demonstration and public mobilization of all people, and like in any other country, these rights must be exercised in compliance with the Laws and regulations, which have been established for the purpose of guaranteeing security, internal order and the common good of all Nicaraguans, taking into account that the rights of each person is limited by the rights of others.
We have respected and respect without limitation, the right to peaceful assembly of all Nicaraguans, which is expressly recognized in our constitution and exercised in accordance with the corresponding legal provisions.
- Electoral rights.
In relation to the electoral rights of the Nicaraguan people, these are guaranteed in the Political Constitution and its reforms; in the Electoral Law; Law of Municipalities and Equal Rights and Opportunities Law, in order to ensure greater participation, inclusion, representation and gender equality, guaranteeing 50% proportionality between women and men in all positions of popular election and government representation.
The Constitution establishes in Article 131 the obligation, in the case of officials elected by popular vote, that the lists of candidates must be composed of fifty percent men and fifty percent women, ordered equally and presented alternately.
An internationally recognized fact is the application of a gender perspective in all policies, plans, programs and legal regulations in order to guarantee the rights and full participation of women in national decision-making (Law 648 "LAW OF EQUALITY OF RIGHTS AND OPPORTUNITIES ").
Worldwide, we rank sixth in the gender equality index, and first in the Americas; fifth in participation of women in parliament and first in ministerial positions, according to the indicators of the "Global Gender Gap of the World Economic Forum, 2018", which highlights that Nicaragua rose from position 62 to fifth place, achieving an 80.9% reduction in inequality between men and women.
Women in general represent 59.7% of the Judiciary, 56% of the Executive, 45.7% of the National Assembly, 46% of Mayors, 60% of Vice Mayors and 50% of Councilmen and women, occupying the most important positions of the State and Government, including the Vice Presidency of the Republic, the Presidency of the Supreme Court of Justice, the Vice Presidency of the National Assembly, the General Prosecutor's Office, the Attorney General's Office, the Ombudsman for Human Rights and the Mayor of the Capital City of Managua.
Additionally, in the Executive Branch 9 of the 16 Central Ministries (56.3%) are headed by women, 7 of 16 Vice Ministers (43.8%) and 14 of the 31 Decentralized Government Entities (45.1%) are headed by women.
In Other Powers and Entities of the State, women occupy 57.14% of the Board of Directors of the National Assembly, 40% of the Magistrates of the Supreme Electoral Council, 31.25% of the Magistrates of the Supreme Court of Justice, 50% of the General Comptrollers and 57.14% of the Board of the Central Bank.
The Nicaraguan people have exercised their right to free, direct and secret suffrage in the general elections of 2016, as well as in the municipal elections of 2017 and the Regional Elections of 2014, in which 19 legally represented political parties were registered.
Comandante Daniel Ortega Saavedra obtained 72.44% of the votes in the 2016 presidential elections. These electoral processes were accompanied by the OAS and other national and international actors.
With the aim of strengthening the rule of law, progress was made in the process of identification, increasing the number of registered citizens by 17.74% that have obtained their voters identification and were able to participate in the municipal electoral process of 2017. Regarding the number of Voting Stations (JRV), both in urban and rural areas, there was an increase of 2.0%, from 12,960 JRV that operated in the general elections of 2011 to 13,206 in the municipal electoral process of 2017.
The restitution of human rights has been extensively recognized by the Nicaraguan population. According to the last ranking of March 2019, a consultancy firm of international prestige, places Comandante Daniel Ortega in the fourth position among the best evaluated Presidents of Latin American (55%) and the best evaluated by nationality with respect to the rest of the Central American Presidents.
Compliance with international obligations
- International instruments
With the objective of effectively restituting the human rights of the Nicaraguan people, the Government of Reconciliation and National Unity proposed the strengthening of the legal framework and increasing affirmative action, aiming at advancing the adoption of five International Human Rights Instruments, related to the protection of girls, boys and teenagers.
- Reports before treaty bodies
We have also presented to the various treaty bodies, seven reports on human rights related to the elimination of discrimination against women; the elimination of all forms of racial discrimination, the Rights of Persons with Disabilities; Economic, Social and Cultural Rights; Civil and Political Rights; Children's Rights; as well as Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Failed Coup
- Context 2018
The process of development, wellbeing, growth and restitution of human rights, described in this report, was violently attacked between April-June 2018 by a group of political organizations posing as NGOs, radicalized groups and political factions, that carried out violent street actions, exacerbated by a campaign of media manipulation deployed by some media and social network platforms, all of which were articulated to promote the destabilization of the country with the purpose of overthrowing the Constitutional Government presided over by Comandante Daniel Ortega Saavedra, and interrupting the constitutional process of the country.
The perpetrators of the attempted coup demanded the immediate resignation of the President and the total dismantling of the entire State of Nicaragua, including the National Assembly, the Judicial Branch, the Supreme Electoral Council and the institutions of the Central Government.
More than 100 roadblocks, known as "roadblocks of death", were established along the main highways of the country, including the Pan-American Highway, violating the exercise of the human rights of the Nicaraguan people, and preventing access and provision of public and emergency services, paralyzing national and regional trade, seriously damaging the transport, construction and tourism industries.
These roadblocks operated as centers of torture and kidnapping, where policemen, government officials and supporters were kidnapped, raped, murdered and burned alive. Evidence was collected of these crimes, as they were provided by the perpetrators themselves, through videos shared in the media and social networks attached to the attempted coup, with the purpose of generating terror among the population.
As a result of the attempt to overthrow the government, 198 people died violently (among them 22 policemen) and 1,240 people were injured (401 policemen). 8,708 businesses have been forced to close (90% of which were SME´s), 119,567 jobs were lost, US$ 205 million in damages to the public sector and US $ 277.4 million in damages to the tourism industry were reported.
Since July 15, 2018, the date on which the last roadblock was removed, no person has died violently for political reasons and the Government of Nicaragua has worked hard to restore peace, order and security in the framework of respect for the Constitution and the Laws.
- Beginning of negotiations
The Government of Reconciliation and National Unity has an unwavering commitment to continue advancing towards the Understanding, Peace and Harmony of the Nicaraguan Families, for which President Daniel Ortega Saavedra convened a Negotiation process on February 21, which began on February 27, when the Negotiation Table for Understanding and Peace was established.
Between February 27 and May 6 of this year, the Delegation of the Government of Reconciliation and National Unity and the representation of opposition groups called the Civic Alliance (ACJD) have held a total of 35 work sessions.
These sessions have been accompanied by the Representatives of the Holy See and the Secretary General of the OAS in their capacities as Witnesses and International Companions.
The negotiations have produced important results and concrete commitments, by establishing a Roadmap for the Negotiations, the proposal for the releasing of persons detained for having committed violent actions in a period of 90 days, based on lists reconciled with the support of the International Red Cross, of which more than half have been released by the unilateral decision of the Government, as well as the proposal of a plan for the return of people who have left the country, following the violent events of 2018.
The Government of Reconciliation and National Unity remains firm in its Will to reach consensus on the agenda items approved by the Delegates at the Negotiation Table; advance in the fulfillment of the agreements that have been signed; and continue conversing with the counterpart to reach new agreements and implement proposals.
Mr. President, Excellences, Honorable Delegates, Brothers and Sisters
One of the cruelest forms of violation of the rights of the Nicaraguan people is represented by the immoral and unjust economic sanctions, aimed at preventing the Nicaraguan people from accessing the resources of international organizations necessary to finance projects for development and well-being, such as those that we have described in the Nicaragua Report and that have been widely recognized by the very same organizations, as effective and efficient in reducing poverty and promoting growth in Nicaragua.
Despite this new generation of attacks against the people of Nicaragua, the Government of the Republic of Nicaragua remains committed to promoting a culture of peace and hope, in order to continue transforming the community, maintain the highest rates of citizen security, and quickly resume the route of economic growth and the elimination of poverty; in order to continue having better access to health, education and higher levels of solidarity and peaceful coexistence.
I conclude by thanking all the delegations for having allowed us to share the efforts and progress of the Government of Reconciliation and National Unity, by ratifying before the international community our Political Will to continue working for the Stability and Reconciliation of the Nicaraguan Family, security, promotion, restitution and protection of their human rights.