Representative Organizations welcome the OAS Permanent Council session where the situation in Nicaragua was addressed and a further request for States to continue seeking the respect for life, integrity, and security of Nicaraguans at risk was made.

Washington DC, March 29, 2023. Through a resolution on the 22^nd of November 2022 and the 8^th of February 2023, the Inter-American Court of Human Rights ordered the President of the High Court to submit a request before the Permanent Council of the OAS, in which he would provide information about the permanent contempt of the State of Nicaragua in the framework of the provisional measures granted in the matters Juan Sebastian Chamorro et al. and  45 persons deprived of liberty in 8 detention centers.

As organizations representing 54 beneficiaries of the aforementioned measures, we express our condemnation of the continuous and permanent contempt by the State of Nicaragua. The life, personal integrity, and security of beneficiaries remains at risk. This is aggravated considering the illegitimate and unilateral decision of the State to deprive the nationality of 41 released persons and beneficiaries; as well as for the continuation of the arbitrary deprivation of liberty of 4 beneficiaries, who remain subject to an environment of torture, ill-treatment, and threats.

This situation is exacerbated by what the arbitrary deprivation of nationality implies: the loss of legal personality. It leaves them in a situation of insecurity and uncertainty, in a legal limbo and at risk of statelessness.

In the same vein, it is alarming that after this massive exile, another 94 people, exiles and in Nicaragua, beneficiaries of protection measures in the Inter-American Human Rights System were arbitrarily deprived of their nationality, their properties, and their retirement pensions.

These state actions constitute a clear violation of human rights that has the effect of rupturing family, social, and cultural ties; obstructing the right to family reunification and annulling life plans.

Therefore, as representatives in the matters of these provisional measures, we consider it of great importance that the report on the contempt of the State of Nicaragua by the President of the Inter-American Court of Human Rights has been presented to the honorable Permanent Council of the OAS, as it allows for the forceful exposure of the beneficiary, defender, and feminist, Tamara Davila. Thus, we welcome the statements made by the States of Antigua and Barbuda, Canada, Chile, Colombia, Costa Rica, Ecuador, the United States, and Paraguay, who through their diverse speeches, spoke in favor of continuing the implementation of the provisional measures, the support of Nicaraguan people, and the condemnation of the acts carried out by the State of Nicaragua.

Therefore, we respectfully and attentively call upon the international community, especially the members of the Permanent Council of the Organization of American States, to:

• Condemn the contempt of the State of Nicaragua and continue to promote the pertinent diplomatic channels for the restoration of a democratic State in Nicaragua, as well as respect for the life, integrity, and security of human rights defenders. Especially, the implementation of the provisional measures of the session, including other measures of protection before the Inter-American System of Human Rights.
• Urge the State of Nicaragua to restore the nationality of the 318 persons affected. Including, guaranteeing the right to family reunification of the affected people and the continuation of their life plans.
• Extend their solidarity as a state to all the Nicaraguans they receive in their territories and who were arbitrarily deprived of their nationality and their families. Based on the Pro-Persona principle, they can make a legal interpretation in favor of the protection of the rights of such persons. In particular, carry out actions so that applicants for refugee status can enjoy an expedited procedure, just like those applying for stateless status, and extend a new nationality.

Finally, we reaffirm our commitment to continue accompanying the beneficiaries of the provisional measures. Their struggle, resilience, and defense of human rights is a reference to continue ensuring the respect, guarantee and promotion of human rights in Nicaragua and the world.

Signed

Center for Justice and International Law

Colectivo de Derechos Humanos Nicaragua Nunca +

Unidad de Defensa Jurídica