OSWALDO RIVAS (REUTERS) https://english.elpais.com/international/2024-04-18/a-tropicalized-taliban-regime-and-a-family-succession-plan-underway-ortega-and-murillo-radicalize-repression-in-nicaragua.html
Nicholas Hove, Associate Member, Immigration & Human Rights Law Review
Content Advisory: This paper mentions sexual violence.
I. Introduction
President Daniel Ortega’s regime has effectively eroded Nicaragua’s democracy, turning the country into a totalitarian state.[1] Nationwide anti-government protests in 2018 initiated a drastic turn away from democracy, which has led to the escalation of government abuses that persist to this day.[2] A series of corrupt presidential elections and severe government crackdowns against dissidents has created a system where Ortega possesses supreme, unchecked power over the country and its electoral processes.[3] The Ortega-led government has violated, and continues to violate, its citizens’ human rights by repressing and harming its political dissidents and dismantling power from all opposition.[4]
The 2018 protests were merely the beginning of Nicaragua’s widespread political repression, human rights violations, and the weakening of democratic institutions.[5] Since then, Ortega has established an authoritarian regime that uses excessive force, unlawful detention, torture, and mechanisms that strip political opponents’ and anti-government dissidents’ nationalities to suppress dissent and maintain power.[6] The government has eroded essentially all civic space and dissent.[7] These conditions have not improved and have prompted hundreds of thousands of its citizens to flee the country.[8] Between 2018 and June 2022, more than 260,000 Nicaraguans fled.[9] As of October 2024, an alarming 6.2 million additional Nicaraguans—nearly half of the country’s population—considered themselves prepared to flee the country.[10]
The Ortega regime’s extreme repression of its opposition not only presents a dire threat to Nicaragua’s democracy but also constitutes numerous human rights violations under the International Covenant on Civil and Political Rights (ICCPR) and Universal Declaration of Human Rights (UDHR). These violations necessitate reform and international intervention, like ICCPR’s investigation and recommendation mechanisms, to protect Nicaragua’s democracy.
II. Background
The 2018 protests erupted in response to proposed social security reforms that would strip workers of their pension benefits.[11] Particularly, the reforms would require greater contributions from workers while decreasing workers’ benefits.[12] Although the Ortega-led Nicaraguan government ultimately abandoned the proposed reforms, the government’s reaction to the protests included violence through heavily militarized means.[13] Nicaraguan militia and security forces killed at least 328 protesters and injured an estimated 2,000.[14] They also arbitrarily detained hundreds of protesters and placed them in torturous conditions through severe beatings, electric shocks, and rape.[15] The government’s violence reinvigorated the protesters to continue their resistance despite the government canceling its proposed reforms.[16]
Following the 2018 protests, the Ortega-led government has taken drastic steps to repress political dissidents, which, in turn, has formed an increasingly authoritarian state.[17] The government began by intruding on its citizens’ free speech rights, revoking the legal status of human rights NGOs, and restricting academic freedom by forcing students to participate in pro-Ortega demonstrations in school.[18] From 2008 to 2018, Nicaragua was in the 35th percentile of political repression, meaning the country’s repression was worse than 65% of all other countries.[19] However, this percentile abruptly worsened; the CIRIGHTS dataset designated Nicaragua as among the most repressive countries in the world in 2018.[20] One political scientist noted that the country has transitioned from a political crisis fighting against nepotism to “a tropicalized Taliban-style radicalization regime,” supported, in part, by inciting fear with violence, criminalizing democracy, and international isolation.[21] Repression under the Ortega regime has reached virtually every government-dissenting group in Nicaragua, including NGOs, media sources, political parties, and universities.[22]
Nicaragua’s 2021 general elections provided an opportunity for new political leadership and restoration of democracy.[23] However, President Ortega strategically removed this opportunity by arresting and disqualifying virtually all the opposing candidates.[24] This resulted in an unsurprising landslide victory for Ortega, who received over 75% of the vote.[25] Ortega’s government then jailed seven political opponents who planned on challenging the election results.[26] The international community widely viewed the election as fraudulent; for instance, President Biden stated that the election was “a pantomime election that was neither free nor fair.”[27]
The Ortega regime subjects political opponents and dissidents to excessive use of force, unjust laws criminalizing dissidents, and exile or imprisonment.[28] The Nicaraguan government deprives its political opponents and dissidents of their nationality, a process known as denationalization.[29] In February 2022, the Ortega regime banished 222 political prisoners and stripped them of their nationality.[30] In the same year, Nicaragua revoked the nationality status of numerous members of the Catholic Church, one being Bishop Rolando Álvarez.[31] Bishop Álvarez refused to leave the country, and a Nicaraguan court sentenced him to 26 years in prison for treason.[32]
III. Discussion
A. Violations under the Universal Declaration of Human Rights
The repression against anti-government dissent poses substantial human rights violations. The UDHR, a globally recognized document adopted by the United Nations (U.N.) General Assembly in 1948, provides guidelines for adhering to international human rights standards.[33] Although the UDHR is not binding, it nonetheless serves as an international set of guidelines to guarantee the rights of every individual.[34]
The Orega regime’s conduct violates numerous UDHR provisions. For instance, Article 3 posits that “[e]veryone has the right to life, liberty, and security of person.”[35] This establishes that individuals should live free from arbitrary threats to their personal security or life.[36] The Ortega regime’s actions—including violent crackdowns and arbitrary detentions of political dissidents—directly violate this fundamental right.[37] By employing excessive force and political repression, the regime denies its citizens the protection guaranteed by Article 3, infringing upon their most basic right to safety and security.[38]
Further, Article 19 asserts the “right to freedom of opinion and expression,” allowing individuals to hold opinions without interference and to communicate freely.[39] The Ortega regime’s repression of dissent, revocation of NGOs’ legal statuses, and suppression of media outlets all violate this core right.[40] By silencing political opposition, forcing students to participate in pro-government demonstrations, and censoring public discourse, the regime’s conduct violates Article 19.[41] The government is stripping citizens of their freedom to express opinions or challenge the government without fear of reprisal.[42]
Such severe UDHR violations have led Nicaragua far from democracy.[43] As the state has become more totalitarian, Nicaraguans have been fleeing the country at record numbers, seeking freedom and safety.[44]
B. Violations under the International Covenant on Civil and Political Rights
The ICCPR is a widely adopted international human rights treaty that aims to protect individuals’ civil and political rights, such as the right to life, freedom from torture, and the right to a fair trial.[45] Unlike the UDHR, countries that ratify the ICCPR are legally bound to the treaty.[46]
Nicaragua acceded to the ICCPR on March 12, 1980, legally binding Nicaragua to the treaty.[47] Accession, in contrast to ratification, is a process where a state agrees to be bound by a treaty it did not formally sign.[48] It is an alternative means for a state to join a treaty after its adoption.[49] Further, Nicaragua has not reserved any of the treaty’s articles, meaning that the country can face liability for violating any article or subsection of the ICCPR.[50] Thus, the extreme repression of political opponents and anti-government dissidents constitutes numerous actionable human rights violations under the ICCPR.[51]
The arbitrary detention, torture, and execution of political opponents and anti-government dissidents violates the ICCPR.[52] Article 6 provides, in part, that “[e]very human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”[53] Article 7 states that no one “shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”[54] Here, many of the Ortega regime’s actions violate these two articles. Specifically, the regime’s arbitrary incarcerations of political opponents, notably during the 2021 presidential election, violate Articles 6 and 7.[55] Additionally, the widespread killing and torturous post-arrest treatment of anti-government protestors during the 2018 protests implicates these articles.[56]
Articles 6 and 7 are not the only ICCPR provisions that the Ortega government has violated. Similar to Article 6, Article 9 states that “everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.”[57] Here, the Ortega regime’s arbitrary detention of political dissidents, notably from the 2018 protests, and the arbitrary detention of political opponents, notably from the 2021 presidential election, breaches the dissidents’ and political opponents’ Article 9 rights, as these individuals are protected against such arbitrary adverse treatment.[58] Next, Article 19 provides that everyone “shall have the right to hold opinions without interference…[and] the right to freedom of expression[.]”[59] The Ortega regime’s severe repression of political opponents and anti-government dissidents heavily implicates this article.[60] Namely, the regime taking violent measures against dissidents and requiring students to support the government directly violates this article.[61] These are clear, direct forms of the Ortega regime violating its dissidents’ Article 19 right to freely express their opinions against the regime.
Violations of Articles 9 and 19 have severe implications for Nicaragua’s democratic functions. The Ortega regime has undermined the fundamental mechanisms through which democracy operates, such as open discourse, critical debate, and public dissent.[62] Nicaraguans have lost their ability to openly discuss and criticize the government without the fear of reprisal through arbitrary adverse treatment.[63]
Articles 21, 22, and 26 of the ICCPR are further implicated, which provide the right of peaceful assembly, the freedom of association, and equal protection of the law without discrimination, respectively.[64] The Ortega regime’s violent crackdowns on peaceful protests violate Article 21.[65] The repression of NGOs and political parties directly undermines these parties’ rights to freely associate under Article 22.[66] Lastly, the Ortega regime has violated political dissidents’ and opponents’ Article 26 right to equal protection through its perpetual systemic discrimination against all political dissidents and opponents.[67] The Ortega regime has further degraded Nicaragua’s democracy by violating these articles. Without these fundamental freedoms, the government deprives Nicaraguans of essential avenues to critique the government, organize politically, and advocate for change.[68] The deprivation of these rights allows the Ortega regime to operate without accountability.[69] The repression consolidates power within the regime, transforming Nicaragua into an authoritarian state whose leaders systematically suppress democratic institutions and public participation.[70]
C. Implications and Policy Considerations: International Involvement
Given that the government itself is the sole actor in the various ICCPR violations, the international community must act to restore Nicaragua’s democracy. Since Nicaragua is bound by the ICCPR, the U.N. Human Rights Committee (UNHRC) must investigate the Ortega regime’s severe repression of political opponents and anti-government dissidents and require all Nicaraguan government entities and agents to adhere to the UNHRC’s findings and recommendations.[71] This procedure requires the government to submit periodic reports to the UNHRC, who highly scrutinizes the reports.[72] Under the UNHRC’s investigatory functions, the State being investigated is expected to co-operate in the investigation.[73] The questionable likelihood of the regime honestly cooperating could pose a practical drawback; thus, the UNHRC must exercise the highest level of scrutiny through this fact-finding process.
These recommendations must be tailored to ensure fair and equal treatment of political dissidents and opponents and fair election practices. Particularly, such recommendations should prohibit the regime’s killing, arbitrary detention, and general discrimination against its opponents and dissidents. Further, specific recommendations should entail releasing political prisoners and abolishing any legislation that restricts the freedom of expression and association.
Successful involvement would directly benefit Nicaragua’s democratic functions and allow its citizens to peacefully abide in the country, which, in turn, will alleviate the alarming number of its citizens fleeing the country for safety.[74]
IV. Conclusion
Since the protests in 2018, the Ortega regime has plunged Nicaragua into a deepening authoritarian crisis characterized by severe human rights violations and the dismantling of democratic institutions.[75] The regime’s violent repression of political dissidents, arbitrary detentions, torture, and denationalization not only violate the rights of Nicaraguans, but also breach international human rights law, specifically the ICCPR, which Nicaragua is legally bound to uphold. International action is required to address this urgent situation, most notably through the prosecution of ICCPR violations. The ICCPR Committee must investigate to impose recommendations and increase diplomatic pressure on the Ortega regime for compliance with the ICCPR’s international obligations. Immediate global intervention is necessary to protect the human rights of the Nicaraguan people and restore democratic governance in the country.
[1] Christopher Sabatini, Explainer: Nicaragua’s descent into dictatorship, Chatham House, https://www.chathamhouse.org/publications/the-world-today/2023-04/explainer-nicaraguas-descent-dictatorship (last updated Oct. 26, 2023), [https://perma.cc/DT4J-Q6MG].
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Nicaragua: A continuum of repression and systematic human rights violations under the Ortega-Murillo government, Amensty Int’l (Apr. 18, 2023), https://www.amnesty.org/en/latest/news/2023/04/nicaragua-systematic-human-rights-violations-ortega-murillo/ [https://perma.cc/N7YD-RPJC].
[7] Wilfredo Miranda Aburto, A ‘tropicalized Taliban regime’ and a family succession plan underway: Ortega and Murillo radicalize repression in Nicaragua, EL PAÍS (Apr. 18, 2024), https://english.elpais.com/international/2024-04-18/a-tropicalized-taliban-regime-and-a-family-succession-plan-underway-ortega-and-murillo-radicalize-repression-in-nicaragua.html [https://perma.cc/2BKZ-PYAB].
[8] Nicaragua: Events of 2023, Hum. Rts. Watch, https://www.hrw.org/world-report/2024/country-chapters/nicaragua#:~:text=people%20with%20disabilities.-,Nicaraguan%20Asylum%20Seekers%20and%20Migrants,and%20the%20lack%20of%20opportunities [https://perma.cc/4UKA-7UYB].
[9] Id.
[10] Associated Press, About Half of Nicaragua’s Population Wants to Emigrate, Study Says, VOA (Nov. 30, 2023), https://www.voanews.com/a/about-half-of-nicaragua-s-population-wants-to-emigrate-study-says-/7379826.html [https://perma.cc/D5MZ-Y4ZX].
[11] Skip Mark et al., Nicaragua on the Brink: Protests, Elections, and Mass Atrocity, Geo. J. of Int’l Aff. (Mar. 17, 2023), https://gjia.georgetown.edu/2023/03/17/nicaragua-on-the-brink-protests-elections-and-mass-atrocity/ [https://perma.cc/PJB5-QKGL].
[12] Id.
[13] Id.
[14] Nicaragua: Events of 2022, Hum. Rts. Watch, https://www.hrw.org/world-report/2023/country-chapters/nicaragua (last visited Oct. 20, 2024) [https://perma.cc/HAU6-PWNH].
[15] Id.
[16] Mark et al., supra note 11.
[17] Id.
[18] Id.
[19] Id.
[20] Id.
[21] Aburto, supra note 7.
[22] Id.
[23] Mark et al., supra note 11.
[24] Id.
[25] Carrie Kahn, Daniel Ortega has won the Nicaragua presidency in an election many say was a sham, NPR (Nov. 8, 2021), https://www.npr.org/2021/11/08/1053647213/daniel-ortega-has-won-the-nicaragua-presidency-in-an-election-many-say-was-a-sha. [https://perma.cc/B2UT-AGW2].
[26] Id.
[27] Statement by President Joseph R. Biden, Jr. on Nicaragua’s Sham Elections, The White House, (Nov. 7, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/07/statement-by-president-joseph-r-biden-jr-on-nicaraguas-sham-elections/ [https://perma.cc/Z7XS-3S35].
[28] Amnesty Int’l, supra note 6.
[29] Sabatini, supra note 1.
[30] Id.
[31] Id.
[32] Id.
[33] Universal Declaration of Human Rights: History of the Declaration, U.N., https://www.un.org/en/about-us/udhr/history-of-the-declaration (last visited Oct. 20, 2024) [https://perma.cc/F6QE-G5VB].
[34] Id.
[35] G.A. Res. 217A (III), Universal Declaration of Human Rights, United Nations (Dec. 10, 1948).
[36] Id.
[37] Events of 2022, supra note 14.
[38] Id.
[39] U.N., supra note 35, at Article 19.
[40] Mark et al., supra note 11.
[41] Id.
[42] Id.
[43] Sabatini, supra note 1.
[44] Associated Press, supra note 10.
[45] G.A. Res. 2200 (XXI) A, International Covenant on Civil and Political Rights, United Nations Human Rights Office of the High Commissioner (Dec. 16, 1966).
[46] United Nations Human Rights Office of the High Commissioner, Declaration on human rights defenders, https://www.ohchr.org/en/special-procedures/sr-human-rights-defenders/declaration-human-rights-defenders (last visited Oct. 20, 2024) [https://perma.cc/M5PN-GHP4].
[47] Status of Treaties: International Covenant on Civil and Political Rights, U.N. Treaty Collection, https://treaties.un.org/Pages/ViewDetails.aspx?chapter=4&clang=_en&mtdsg_no=IV-4&src=IND#EndDec (last visited Sept. 28, 2024) [https://perma.cc/CTC3-QNJG].
[48] Glossary, U.N. Treaty Collection, https://treaties.un.org/pages/overview.aspx?path=overview/glossary/page1_en.xml (last visited Oct. 27, 2024) [https://perma.cc/5G8C-RBVN].
[49] Id.
[50] Status of Treaties, supra note 47.
[51] Mark et al., supra note 11.
[52] Id.
[53] United Nations, supra note 45, at Article 6.
[54] Id at Article 7.
[55] Mark et al., supra note 11.
[56] Events of 2022, supra note 14.
[57] United Nations, supra note 45, at Article 9.
[58] Events of 2022, supra note 14.
[59] United Nations, supra note 45, at Article 19.
[60] Sabatini, supra note 1.
[61] Mark et al., supra note 11.
[62] Sabatini, supra note 1.
[63] Id.
[64] U.N., supra note 45, at Articles 21, 22, and 26.
[65] Mark et al., supra note 11.
[66] Id.
[67] Id.
[68] Id.
[69] Id.
[70] Id.
[71] Complaints procedures under the human rights treaties, U.N., https://www.ohchr.org/en/treaty-bodies/human-rights-bodies-complaints-procedures/complaints-procedures-under-human-rights-treaties (last visited Nov. 23, 2024) [https://perma.cc/A6MS-KSZ5]
[72] Id.
[73] Complaints about human rights violations, U.N., https://www.ohchr.org/en/treaty-bodies/complaints-about-human-rights-violations (last visited Nov. 23, 2024) [https://perma.cc/5YP9-G87D]
[74] Associated Press, supra note 10.
[75] Mark et al., supra note 11.
