IBAHRI concerned by Nicaraguan President’s denial of gravity of Covid-19 and urges action

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In an open letter to the President of Nicaragua, Daniel Ortega, the International Bar Association’s Human Rights Institute (IBAHRI) expressed concern over his administration’s denial of the severity of the Covid-19 outbreak. The letter, co-signed by IBAHRI Co-Chairs the Hon Michael Kirby AC CMG and Anne Ramberg Dr jur hc, urges Mr Ortega to protect the rights of Nicaraguan citizens and uphold the rule of law by heeding advice from the Inter-American Commission on Human Rights (IACHR) and the Pan American Health Organization (PAHO) to recognise the gravity of the pandemic.

As of 1 June 2020, there have been 759 confirmed cases of Covid-19 in Nicaragua and 35 recorded deaths. Concerns over the concealment of accurate figures follows worrying reports of a sharp increase in cases of pneumonia and rushed burials. Despite the apparent grave situation and its likely devastating impact on the country’s healthcare system, the administration has taken no measurable steps to protect its citizens and hospitals. The letter addresses this as a continuation of the present administration’s long-term disregard for the rights and safety of its people: ‘April marks two years since the beginning of one of the biggest human rights crises in recent years, as civil unrest sparked in Nicaragua and protestors faced great repression. To date, protests remain illegal and freedom of expression is denied as human rights activists and journalists face repression. The serious breakdown in the observation of the rule of law in Nicaragua allows for the Government to spread misinformation around the outbreak of Covid-19 and disregard the rights of Nicaraguans, without the necessary checks and balances on the government’s power to ensure Nicaraguans receive the essential protection.’

In a separate statement, IBA President, Horacio Bernardes Neto, commented: ‘The situation in Nicaragua is of great concern. A failure to cooperate globally to protect the rights of individuals to health and security during this crisis has global ramifications. The Nicaraguan administration’s failure to act to suppress Covid-19 is an additional example of the erosion of the rule of law in the country. During this unprecedented time, the IBA remains steadfast in calling out abuses of the rule of law and violations of fundamental human rights.’

In particular, the letter highlights reports of doctors receiving orders not to record cases of Covid-19 in an effort to keep numbers down; the arbitrary dismissal of academics from the Nicaraguan National Autonomous University who have spoken out against the administration’s response; and the active discouragement of basic precautionary measures such as social distancing and the wearing of masks.

Further, the letter states: ‘Political prisoners detained since 2018 remain in conditions completely unacceptable from the point of view of minimising the spread of Covid-19, with lack of access to sanitation, despite the Inter-American Commission on Human Rights urging that Nicaragua explore options to release prisoners on house arrest. As of 14 May, 2800 prisoners have been released on home arrest, but these did not include political prisoners detained following the 2018 crackdown. The IBAHRI urges the Government of Nicaragua to release non-violent prisoners to carry out their sentences in house arrest.’

The letter concludes: ‘The IBAHRI urges the Nicaraguan government to uphold the rule of law in heeding advice from the IACHR and PAHO, and to abide by international human rights law upholding the right to health and freedom of information.’ On this point, the letter highlights how the inadequate response is in violation of the country’s obligations under international human rights law, including Article 12 of the International Covenant of Economic, Social Cultural Rights (ICESCR) which states that governments should create conditions that will “assure to all medical service and medical attention in the event of sickness” and Article 22 of the Universal Declaration of Human Rights which states that everyone has the right to social security.

ENDS

Notes to the Editor

1. Click here to download a PDF of the open letter
2. The International Bar Association’s Human Rights Institute (IBAHRI), an autonomous and financially independent entity, works to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.
3. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.
4. Follow the IBAHRI on Twitter here: twitter.com/IBAHRI

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