Latin America and the Caribbean,

Are women the last line of defence against Brazil’s authoritarian shift?
By Ana Cernov, human rights activist and Inés Pousadela, Senior Research Specialist at CIVICUS

In a matter of days, 2.5 million Brazilian women had gathered on Facebook to discuss how to best present their case against Bolsonaro and how to take their action offline and organise themselves locally.

Read on: Open Democracy
Civil Society in Latin America makes its way into sharing economy
This article is part of the #StoriesOfResilience series, coordinated by CIVICUS to feature groups and activists on their journey to promote better resourcing practices for civil society and to mobilise meaningful resources to sustain their work.

In June 2017, the civil society organisations (CSOs) that are part of the Latin America and Caribbean (LAC) Hub of Innovation for Change(I4C), a global innovation network supported by CIVICUS and Counterpart International, launched a sharing economy platform to find alternative resources in a moment when international cooperation weakens in the region. The platform, called ComuniDAS, facilitates the exchange of services between Latin American CSOs, but its enormous potential is also seducing the private sector and CSOs outside the region. In May, the initiative won the popular vote award at the SID-Washington Innovation Competition 2019, and will soon be replicated by the Middle East and North Africa (MENA) Hub of I4C.

We spoke with Gerardo Torres, spokesperson for ComuniDAS, about their journey creating this platform, its challenges and strengths.

How did the hub come across with the idea of creating ComuniDAS?

The idea was born in 2016, when 45 CSOs got together to set up the LAC Hub of Innovation for Change. We were discussing the main financing challenges for CSOs in the region and how to address them, and we ended up speaking about sharing economy. This subject was resonating internationally and according to Times magazine, it was one of the 10 ideas that would change the world. In Latin America there were some success stories of sharing economy, such as a platform created in Chile after the earthquake, through which the affected communities organised to collect resources and buy items of common need; there were also various environmental initiatives. Thus, we saw the opportunity to map our needs, strengths and things we were each good at with the idea of exchanging these resources under the sharing economy model, strengthening solidarity between CSOs and then attracting solidarity from other sectors.

What resourcing challenges for CSOs do you want to address with ComuniDAS?

We identified three main challenges. First, more financing alternatives are needed because international cooperation – a major source of resources for civil society – is withdrawing from the region to focus on other areas of the world. We also noted that the more traditional CSOs, such as those founded in the 1970s during civil wars and focused on human rights, have difficulty establishing alliances with the private sector without feeling that they lose their autonomy. Finally, according to the World Giving Index, Latin America and the Caribbean has one of the weakest philanthropic cultures in the world, which is reflected in the low solidarity within the CSO sector, which hardly shares knowledge or resources despite the fact that many organisations have great strengths and capacity to do so.

What advantages and difficulties have you faced to implement a project with innovative concepts for the sector?

We found a lot of interest both in the topic of sharing economy and in having civil society leading innovation projects. This facilitated obtaining support, advice and tools from experts in the field, such as the renowned Albert Cañigueral, from entities that are promoting sharing economy, such as the Inter-American Development Bank (IDB) and even from the private sector.

We found several difficulties. In the beginning, we thought that the platform could be based merely on solidarity, so that a large CSO with more resources and capabilities would help a small CSO in exchange for another service. However, in practice, the success of these exchanges lies in ensuring trust and reciprocity among the members, so that they provide the promised services and on time, which we had no way of doing. Another challenge is to avoid widening the gap between the strongest CSOs that have something to exchange and ability to participate in this type of innovation initiatives and the smaller ones that have needs but may not be able to offer something in return. Having the right technology for the platform has also been difficult because there was not something ready to use in the region, so we’ve had to develop it.

How have you addressed the need to ensure that reciprocity and trust?

There are mechanisms such as allowing users to publish reviews and ratings of members with whom they have exchanged services, but these are not enough. We checked out how private sector platforms have dealt with this and found an online platform promoting symbiotic economy in the United States, called Simbi, which allows members to accumulate virtual credits for services provided and exchange them for various services of other members of the community. This caught our attention because it would allow the members of ComuniDAS to offer a service and save their credits if they do not need to receive a service in return immediately, it would also be more useful to attract private companies that operate with precise parameters. With this idea in mind, we are developing a social currency that will mark a new stage for ComuniDAS. At this moment are matchmakers between users, but the exchanges occur outside the platform; with the social currency everything will happen within the community.

Regarding the second challenge, how could smaller CSOs with urgent resource needs benefit from platforms such as ComuniDAS?

A platform like this does not solve urgent needs such as paying operating expenses, but it can make it easier for these CSOs to explore alliances that help them continue to fulfil their mission. We are trying to attract support from the private sector that is suitable for grassroots and CSOs working on more abstract issues such as human rights, and we are promoting the value of social return. We are also thinking about how to make the bridge between large, tech-oriented and hybrid CSOs exploring social entrepreneurship – which are the ones capitalizing more on funding from large donors – and those small and grassroots CSOs that have the advantage of reaching populations and sectors that the “coolest” CSOs do not reach. We don't have everything solved, but we’re looking for options. Making innovation inclusive is a challenge for the entire sector.

ComuniDAS won an innovation award and will soon be replicated in the MENA region. What strengths have facilitated this success?

First, the fact of being a regional and innovative effort created and led by civil society to seek alternative resources to international cooperation. We are moving from the idea that donors have to finance us, to promoting a model in which CSOs capitalize their own resources, know how to sell their proposal and demonstrate value outside the sector, which requires not demonizing profitability, promoting transparency and accountability and having a strategic plan. This has allowed us to establish successful partnerships with the private sector, municipalities and other actors. Another strength is that ComuniDAS’ technology adapts to the needs of the sector because it was developed by CSOs; and since it’s open source, it can be replicated as it is being done by the MENA Hub, which will launch the platform in about four months. Our dream is that in the future there will be global exchanges, for example, between CSOs in Honduras, Egypt and other countries. This would multiply resources and solidarity for civil society in the world.

Get in touch or join ComuniDAS through theirwebsite.
Cuba: Statement against the application of Decree Law 370 and Limits On Freedom of Expression
A total of 47 human rights organisations and independent press media denounce the violation of fundamental human rights caused by the application in Cuba of Decree Law 370.
De la Resistencia a la Resiliencia; el desafío de no dejar atrás a las personas defensoras ambientales dentro del marco de la Agenda 2030
English

Por Carmen Capriles, miembro de CIVICUS y participante en el Foro Político de Alto Nivel (FPAN) 2018

Durante el Foro Político de Alto Nivel (FPAN2018) que tuvo lugar en la Sede de las Naciones Unidas en Nueva York del 9 al 18 de julio, se hizo evidente la necesidad de tomar en cuenta un nuevo conjunto de partes interesadas a fin de lograr los objetivos de la Agenda 2030 sobre Desarrollo Sostenible; a los Defensores de los Derechos Humanos y del Medio Ambiente (DDHMA). Esta necesidad de inclusión se hizo evidente, no solo por el número de eventos paralelos que tuvieron lugar durante el FPAN2018 que, de una u otra forma abordaron el tema, sino también por el nuevo Acuerdo de Escazú. Dicho acuerdo está enfocado a proteger a los Defensores de los Derechos Humanos y del Medio Ambiente y el destino de este acuerdo depende de que se firme y ratifique en septiembre de este año.

El número de personas defensoras del medio ambiente y de los derechos humanos está aumentando en todo el mundo, por lo general como parte de una serie de movimientos que surgen con el objetivo de hacer frente a diversos conflictos. Estos conflictos pueden ir desde problemas muy locales, hasta detener megaproyectos como grandes presas o carreteras, así como desafiar regímenes establecidos que podrían tener impactos ambientales y sociales negativos a largo plazo. Entre estos posibles impactos se encuentra la pérdida de biodiversidad, la alteración de ecosistemas, las contribuciones al cambio climático o los desplazamientos de comunidades locales que llevan a la migración forzada que puede provocar una crisis de personas refugiadas o incluso genocidios. Estas voces se enfrentan al peligro de ser silenciadas para siempre, por lo tanto, la necesidad de abrir espacios donde puedan compartir sus luchas es crucial para lograr una implementación real y significativa del desarrollo sostenible.
Ecuador: Human rights at risk as protests are violently repressed
The use of violence to restrict ongoing protests in Ecuador and the refusal of the government to heed the demands of the protesters further threatens fundamental freedoms, Global civil society alliance CIVICUS said today.
El Salvador:“Foreign Agents” bill would restrict freedom of expression & association if passed into law

🇸🇻 #ElSalvador
New law on "foreign agents" restricts freedoms of expression and association and gives the executive broad powers to repress civil society and independent media.
📲 https://t.co/lFEaIeOQkf pic.twitter.com/d60dPTSFTD
— CIVICUS (@CIVICUSalliance) November 17, 2021

Global civil society alliance CIVICUS expresses serious concerns over a ‘Foreign Agents’ bill proposed by the government of El Salvador which would give the executive ample powers to stifle civil society and independent media.
ESCAZÚ: ‘The work of civil society made a huge difference’
After several years of negotiations, in March 2018 the first environmental treaty for Latin America and the Caribbean, the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters, known as the Escazú Agreement, was approved. CIVICUS speaks about the significance of this agreement for civil society with Aída Gamboa, specialist in Derecho, Ambiente y Recursos Naturales (DAR). Founded in 2004, DAR is a civil society organisation that is committed to building and strengthening environmental governance and promoting the exercise of human rights in the Amazon Basin. DAR focuses on issues of environmental policy and legislation, indigenous peoples’ rights, climate change and investment and good governance in the areas of infrastructure and extractive industries. It participated in the process leading to the Escazú Agreement, and currently works for its ratification by the state of Peru.

What is the Escazú agreement? What is its significance for environmental rights defenders and civil society in Latin America and the Caribbean?

The Escazú Agreement is the first environmental human rights treaty in Latin America and the Caribbean. It was approved in March 2018 after a negotiation that lasted about six years. It develops Principle 10 of the 1992 Rio Declaration on Environment and Development, which seeks to ensure access to information, citizen participation and access to justice in environmental matters. The Escazú Agreement develops these three rights and aims to promote better governance of natural resources in the region. Twenty-four states approved its final text in March 2018, in the Costa Rican town of Escazú, where the last of the nine meetings of the Negotiating Committee was held.

The Escazú Agreement incorporates several innovative elements. First, it has a specific provision on environmental human rights defenders (HRDs) that is unprecedented in the region. Second, it enshrines a rights-based approach toward indigenous peoples and vulnerable populations, with provisions to favour access to information, participation and access to justice by these groups. Third, it also responds to the spirit of the United Nations’ (UN) Guiding Principles on Business and Human Rights regarding companies’ specific obligations to respect human rights in the context of their activities.

For the part of civil society that has been involved in the process, this agreement is the result of many years’ worth of work to promote access to information and environmental transparency, in a context where lack of participation and information about the environmental impacts of extractive and infrastructure projects are at the heart of much of the region's many socio-environmental conflicts. One of the main conflict hotspots is the Amazon region, where affected populations demand greater participation in decision-making, from the planning stages onwards, regarding any natural resource exploitation activity - an element that is addressed in the Escazú Agreement. In addition, two key elements of the agreement are the use of translators into other languages and cost-free guarantees to ensure access to justice, which is essential in these conflicts.

As repeatedly highlighted by Amnesty International, CIVICUS, Front Line Defenders and Global Witness, dozens, even hundreds of environmental and indigenous HRDs are killed every year in Latin America. According to the most recent Global Witness report, out of the 207 murders of HRDs documented worldwide in 2017, 60 per cent took place in Latin America. That was the deadliest year on record for Latin American socio-environmental HRDs. The Escazú Agreement seeks to reinforce the rights that are at the centre of the conflicts, repression and threats, coming both from governments, private companies and other actors, faced by HRDs the region.

In many countries of the region, legislation is used not to protect rights but to criminalise the communities and activists who mobilise in reaction to the violation of their rights to be consulted when projects that affect them are implemented. In Peru, for example, cases are still open against leaders of the Baguazo, an indigenous mobilisation the repression of which yielded dozens of fatalities in June 2009. Another tragic case was the murder of Edwin Chota, an indigenous leader who for 10 years had denounced the threats that he received for speaking up against illegal activities such as logging. The Escazú Agreement seeks to respond to this context. In this sense, it is worth noting that on the last day of the negotiations a tribute was paid to Berta Cáceres on the second anniversary of her murder, as well as to all HRDs who died defending their rights to territory and the environment.

How was civil society involved in the development of the agreement?

In November 2014, the 10 states that had signed the Declaration on the application of Principle 10 in 2012 decided to begin negotiating a regional agreement. To this end, a Negotiating Committee was established, which was eventually formed by the 24 signatory states of the agreement. In 2014, the decision that established the Negotiating Committee mandated public participation in the process. To make participation possible, the Economic Commission for Latin America and the Caribbean (ECLAC), which functioned as the Technical Secretariat of the negotiation process, established and coordinated the Regional Public Mechanism. More than 2,000 individuals and organisations registered with the mechanism to receive periodic information about the process and participate in the virtual and face-to-face meetings of the Negotiating Committee.

DAR participated through the Public Mechanism since 2015, first virtually and since 2016 more intensively, taking part in the face-to-face meetings. In March 2015, all of us who were registered voted electronically for the election of representatives for the Public Mechanism. Two representatives and four alternates were elected for a two-year term and had the right to participate in the meetings of the Negotiation Committee, working groups and any other spaces that might be established. This form of participation has been recognised internationally as a high standard of participation in international negotiations.

The Public Mechanism gave civil society a voice but no vote: civil society representatives could participate in the meetings alongside country delegates, but they did not get to vote in the decision-making process. However, in practice civil society had a lot of influence, as it was able to bring to the table the proposals previously agreed among a large number of organisations, distribute them to the delegates and present them in the meetings. Civil society was able to influence the positions of many government delegates, and many of its proposals, although not all of them, were incorporated.

Thanks to the financial support of international foundations, it was possible to institutionalise a network of more than 30 civil society organisations (CSOs), known as the LACP10 network. In 2016, a first meeting was held in Panama to contribute strategically to the base text proposed by ECLAC. It was during that year that more in-depth discussion of the articles on access to information, participation and access to justice began, so discussions were more intense. All of us who participated in the face-to-face meetings had the right to speak on behalf of the public and to participate in all spaces. This was achieved thanks to close coordination work between civil society and elected representatives.

The civil society network made comments and observations on all the articles of the text proposed by ECLAC, as well as on its later versions. The text was also distributed to all contacts and allies of the network’s member organisations and their contributions were collected. Therefore, when they participated in the negotiation meetings, civil society representatives brought comments from all the organisations of the region that had been involved. We also had a communications and alliances strategy with international CSOs to make the agreement more widely known and discussed.

The work of civil society with the governments that participated in the process had continuity and went beyond interaction with government delegates in the course of the negotiations. In each country, civil society focal points met periodically with officials of their respective governments. In Peru, DAR and the Peruvian Society of Environmental Law worked closely with the ministries of the Environment and Foreign Affairs to bring them the proposals of national and regional civil society and ensure that Peruvian delegates integrated them within the national proposal. This resulted in more consistent positions at negotiation meetings. In general, there was a lot of interaction between civil society and various governments, although public officials in some countries were more reluctant to receive proposals from civil society.

Did society make a difference to the final agreement? What is in the agreement that would not be there if it were not for civil society advocacy?

The work of civil society made a huge difference. The issue of HRDs was a civil society proposal that was not present in the first version of the agreement. This has undoubtedly been the greatest achievement and a historic milestone for environmental democracy, because no other international treaty has provisions for the protection of HRDs. The same goes for the inclusion of people in situations of vulnerability: we worked hard on a definition and pushed for its inclusion in the text of the agreement.

It was also civil society that promoted standards of socio-environmental information that should be disseminated to the wider public. We fought hard because there were many points states did not want to include, such as the registration of polluting agents or the dissemination of information on risks and environmental impact assessments, which were eventually included. It was also civil society that promoted the incorporation of preventive, precautionary and non-discrimination principles. In addition, a lot of work was done so that the definition of the public was as wide as possible. And civil society pushed so that the agreement would not allow for reservations. While we did not get everything we wanted, we are satisfied with the results we achieved.

It must be recognised, however, that the negotiation process was typically characterised by the presence of more or less large CSOs from each country, while the participation of the communities and HRDs whose rights the agreement seeks to protect was very limited. We would have wanted more indigenous leaders to have a voice in the negotiations, but there were great limitations on funding for participation in the regional process, which we were only partially able to counter by seeking greater participation in national processes and through virtual networks.

A Peruvian indigenous leader and Goldman Environmental Prize winner, Ruth Buendía, participated in the fifth round of negotiations, held in Chile in 2016. Another indigenous leader, Lizardo Cauper, president of the Interethnic Association for the Development of the Peruvian Jungle, was present at the celebration event of the agreement, held in New York in September 2018. Their participation was itself the result of civil society’s coordination efforts. During the ratification process, we want to move in that direction and continue to involve not only more organisations and activists, but also specifically more grassroots organisations, local social movements and indigenous leaders.

How is civil society now campaigning for states to ratify the agreement?

All participating CSOs pledged to promote the signature of the agreement by the governments of their countries and its ratification by their legislatures. In September 2018, civil society participated in an event with ECLAC to celebrate the agreement and mark the beginning of the signing period. Fifteen states signed the agreement in September 2018 and Bolivia joined in November.

Soon we will set up an advocacy strategy so that the process of signature and ratification, which will be open for the next two years, proceeds faster. So far, each country’s CSOs are working domestically according to their possibilities, in connection with the coordinated strategy that we are already starting to prepare through virtual exchanges. In Peru, we have already had meetings with officials from the Environment and Foreign Affairs ministries, as well as with congresspeople involved in the process. Our country signed the agreement in September 2018 and we hope that the congressional committee of Foreign Affairs will examine it soon so that the plenary can go on and debate and ratify it. The same is happening in other countries, with communication campaigns for dissemination of the agreement and advocacy actions with the executive and legislative branches of government. Progress varies from one country to the next: in Argentina, for example, the process has been faster and a ratification bill has already been drafted; the government of Costa Rica in turn has already publicly indicated that it will ratify the agreement.

What else is needed to ensure the rights of environmental rights defenders?

This agreement will help guarantee the rights of environmental HRDs and we hope that in the course of the next two years at least 11 states will ratify it so that it can be fully implemented in every country. However, it will take more than an international agreement to guarantee the rights of environmental HRDs effectively.

In 2018 Peru approved a National Human Rights Plan that has strong links to the Escazú Agreement, since it includes several procedures for the protection of HRDs, such as a national complaints registry and an early warning system. We also have a specific national plan on business and human rights. Many of these points are contemplated not only in the Escazú Agreement, but also in proposals made by the Inter-American Commission on Human Rights (IACHR) and various UN agencies.

In every country, the work of the judiciary will be key. In Peru, with the support of DAR and other CSOs, the judiciary has been carrying out various initiatives to strengthen environmental justice, such as training programmes on environmental issues, international congresses on environmental justice, the creation of an Environmental Justice Observatory on environmental crimes and the establishment of courts specialised in environmental matters. The process began in the Amazonian regions, where there is a greater prevalence of environmental conflicts, and will integrate intercultural elements.

In sum, there are many mechanisms that countries can implement independently of the Escazú Agreement to identify who are the people and communities suffering from human rights violations, follow up, take preventive and sanctioning measures against the threats they face, and disseminate a human rights perspective in the business sector.

What support do environmental rights defenders in Latin America and the Caribbean need from the international community?

DAR is currently supporting the Programme on Indigenous HRDs of the Amazon Basin implemented by the Coordination of Indigenous Organisations of the Amazon Basin. This programme combines documentation, training of leaders, advocacy in regional and international human rights organisations and legal counselling for criminalised HRDs.

The international community can support this work from different angles: amplifying reports of abuses, carrying them to forums such as the IACHR and the Inter-American Court of Human Rights, and following up on the implementation of the recommendations made to states by international agencies. It is important to involve international human rights bodies in these processes and have them present on site.

For instance, in March 2017, DAR and five other CSOs requested a hearing on transparency in the extractive sector in the Dominican Republic, Guatemala and Nicaragua. The hearing documented restrictions on access to information in specific cases of investment projects, included testimonies of those affected by violations of the right to access to information, and emphasised that these restrictions in turn affected the exercise of rights to consultation, participation, health and a safe environment, among others. As a result of this hearing, a collaborative effort now exists between civil society and the IACHR, and the IACHR has committed to producing a document with recommendations on access to information in extractive contexts. Alerted by the reports of violations of rights made at the hearing, when the IACHR visited Guatemala, the commissioners travelled to the area where the reported violations were taking place.

Coordination of efforts is key to achieving greater impact. A good example of this has been the Escazú process, where international support and the coordination between regional and domestic processes consolidated civil society work. In addition, several UN rapporteurs called on all states in the region to sign and ratify the agreement soon, which may have influenced several states that signed it.

In the context of the ratification process, it will be essential for international civil society to contribute to disseminating the efforts of civil society in each country and at the local level. In Peru we are working so that citizens know the contents of the agreement. We believe there is a need to expand participation and we are making efforts to bring the agreement contents and the ratification process to the subnational level.

Get in touch with DAR through itswebsite andFacebook page, or follow@ONGDAR on Twitter

Read our interview with Marcos Orellana, director of the Environment and Human Rights Division at Human Rights Watch about the significance of the Escazú Agreement
ESCAZÚ: A milestone on the road to ending Latin America’s environmental conflicts
After several years of negotiations, the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, better known as the Escazú Agreement, was adopted in March 2018. CIVICUS speaks about its significance with Marcos Orellana, director of the Environment and Human Rights Division at Human Rights Watch.

What is the Escazú agreement?

The Escazú Agreement is a new treaty that deepens the link between environmental protection and human rights in Latin America and the Caribbean. It has the potential to reduce the conflicts that lead to the murders of so many environmental defenders in the region.

At its core, Escazú sets standards for informed participation in environmental decisions and access to environmental justice. The agreement guarantees the public's right to information on environmental issues, while at the same time ensuring their right to informed participation in the environmental approval process for investment projects. The agreement also eliminates obstacles to environmental justice and requires support for people or groups in vulnerable situations.

What is its significance for environmental defenders and civil society more generally?

Escazú recognises the right to live in a healthy environment and requires each participating state to guarantee that right in its steps to comply with the treaty. This recognition gives environmental rights defenders legitimacy in their efforts to secure a healthy environment for all. Civil society in Latin America and the Caribbean has great hopes that a binding agreement such as Escazú, in which the environment and human rights go hand in hand, can be a milestone on the road to ending the region’s environmental conflicts.

How was civil society involved in the development of the agreement, and what did it achieve?

The road to Escazú was marked by more than five years of hard work following Rio +20, the 2012 United Nations (UN) Conference on Sustainable Development. The process was one of intense dialogue between the governments of participating countries and civil society groups in the region. It is rare for international negotiations to open up like this to allow the public to take the floor in real time and enrich the debate with their ideas and proposals. The effort paid off, as Escazú provides tools to strengthen democracy so that the promise of sustainable development can be realised in practice.

Civil society was instrumental not only in influencing the content of Escazú, but also in setting in motion the negotiations process. Already in the lead up to Rio+20, organisations collaborating under the umbrella of The Access Initiative - a coalition working to advance participatory rights - advocated for the strengthening of the international normative framework for Principle 10 (P10) rights. P10 is the principle of the Rio Declaration on Environment and Development adopted by the Earth Summit back in 1992 that enshrines the rights to information, participation and justice in environmental matters. Civil society persuaded key countries to take up the call for a regional instrument, and during the actual negotiations, civil society organised in working groups to analyse and influence the main themes of the regional instrument.

What difference did civil society make to the final agreement?

Owing to concerted civil society advocacy, Escazú is the first international treaty that includes specific protections for environmental defenders. As made clear by Michel Forst, the UN Special Rapporteur on the situation of human rights defenders, the threats, acts of aggression and fatal attacks against environmental defenders are often a direct result of the exploitation of natural resources that does not take into account the legitimate demands and concerns of local communities.

Measures to protect environmental defenders are a step in the right direction, offering hope to individuals and groups that defend the environment and their communities in the region, and that are currently under threat.

What’s next for Escazú in the region?

Now that the Escazú Agreement has been adopted, the countries of Latin America and the Caribbean should sign and ratify it and take robust steps to implement it. This would signal the region’s real commitment to sustainable development, human rights and democracy.

Get in touch with Human Rights Watch through its website and Facebook page, or follow @hrw and @MOrellanaHRW on Twitter
International support for petition to declare Cuba’s Decree-Law 370 unconstitutional
The undersigned organizations and media outlets support the petition presented on June 8 in Cuba before the National Assembly, the State Council, the Supreme Court, the Office of the Attorney General, and the President of the Republic declaring 2019’s Decree-Law 370 unconstitutional (1). The 64 people who signed the petition did so on behalf of the more than 500 Cuban residents and 3,100 Cuban expats and nationals of 83 other countries who signed the “Declaración contra el Decreto Ley 370: Ley Azote,” published on the Avaaz platform (2).
Nicaragua: Resolution adopted at Human Rights Council
Resolution on Nicaragua adopted at the 46th Session of the UN Human Rights Council
Nicaragua: The Council must establish an investigation and accountability mechanism at its next Session
High Commissioner’s intersessional update on Nicaragua

Delivered by Debora Leao, CIVICUS Monitor Research Officer for the Americas
Serious concerns over ongoing violations of human rights in Nicaragua and lack of accountability for perpetrators
His Excellency António Guterres

Secretary-General United Nations

405 East 42nd Street New York, NY,

10017 USA 30

By email: and

Dear Secretary-General,

We, the undersigned civil society groups working across different regions, write to bring to your attention the ongoing erosion of the rule of law and systemic violations of human rights in Nicaragua. President Daniel Ortega and his Frente Sandinista de Liberación Nacional, (FSLN) party are executing a sustained campaign that targets civil society organisations, human rights defenders and the political opposition and are silencing any form of alternative views.

Independent institutions including the judiciary and other public bodies are controlled by the government, making it impossible for President Ortega and his administration to be held accountable for any human rights violations they perpetuate. The government has repeatedly ignored regional and international recommendations to stop these human rights violations and if nothing is done urgently, there will be no space left for civil society and independent voices to operate. We are very concerned about the following;

Unprecedented deregistration of civil society organisations and restrictions on free associations

We are concerned that over the last four years, the Nicaraguan authorities have systematically targeted civil society organisations and outlawed over 400 NGOs accusing them of undermining the regime, acting as “foreign agents,” or failing to provide financial statements. The number and types of organisations targeted is unprecedented including organisations that provide much needed assistance to improve the health of children, those that work on development projects for rural communities, excluded and marginalised groups, and aid organisations. For example, the Matagalpan Women’s Collective, whose legal status was cancelled in 2021, provided much needed care to women and children and to libraries and community homes for more than three decades. Others include the Nicaraguan Coordinating Federation of NGOs Working with Children and Adolescents which brought together organisations working to promote the rights of children and adolescents for over three decades.

Multiple human rights organisations, environmental groups, professional associations, cultural and educational institutions and religious organisations have also been impacted. The targeting of these organisations have been preceded and backed by a series of decrees sponsored by the FSLN. For example, in May 2022, the National Assembly approved four legislative decrees that led to the cancellation of the legal status of 94 civil society organisations and Foundations. The authorities have followed some of these actions by appropriating the assets of some organisations including the Nicaraguan Centre for Human Rights.

To further restrict the right to freedom of association, the authorities promulgated the General Law for the Regulation and Control of Non-Profit Organisations on 6 May 2022. The law imposes additionalrestrictions for the registration of organisations and provides the government with the discretion to demand information about the activities, funding and beneficiaries of organisations. The Nicaraguan authorities are empowered to first authorise activities of organisations before they are implemented and organisations are prohibited from participating in political activities - which is broadly defined.

Criminalisation of independent media outlets and targeting of journalists

We are concerned about the ongoing censorship of independent media outlets and the arrests and intimidation of journalists. Since 2018, more than 20 media outlets have been closed down and at least 120 journalists have fled Nicaragua to avoid reprisals from the state. On 10 June 2022, journalist Juan Lorenzo Holmann of the La Prensa newspaper was sentenced to nine years in prison on charges of “money laundering.” He was arrested in August 2021. On 16 February, journalist Miguel Mendoza was sentenced to nine years in prison and banned from holding political office after he was found guilty of “conspiring to undermine national integrity” and “disseminating false news.”

Judicial persecution, intimidation and detention of human rights defenders and members of political parties

The FSLN regime continues a campaign of repression, persecution and detention of human rights defenders, activists members of the political opposition and those who are critical of the government. Dozens of human rights defenders and the political opposition were arrested in the period leading to the elections and charged with security-related offences under the Penal Code and the Sovereign Law. In mostcases the trials of those arrested are characterised by irregularities and many are not tried in court but at the Directorate of Judicial Assistance (DAJ) of the prison also known as the Chipote.

Most of the trials are rushed and sentences are handed to those detained without due process. Those convicted include activist Yader Parajon who demanded justice for victims of government repression and was found guilty of “conspiracy to undermine national integrity” on 2 February 2022. Ana Margarita Vijil, a feminist activist and former President of the opposition group Unamis, was convicted on 2 February 2022. The persecution and detention of activists continue despite the fact that the Inter-American Commission on Human Rights (IACHR) has expressed concerns over the deplorable and inhumane detention conditions, including those for women. Because of these restrictions, Nicaragua is rated Closed by the CIVICUS Monitor.

We request that you urge the government of Nicaragua to;
1. Reverse all restrictive policies and laws used to outlaw civil society organisations and create an enabling environment for them to operate without fear of reprisals.
2. Lift all restrictions and civil society organisations imposed by the government so they can continue carrying out their activities.
3. Release all human rights defenders, members of the political opposition, activists and other arrested and detained and drop all charges against them.
4. Take steps to review the General Law for the Regulation and control of Non-Profit Organisations together with civil society with a view to amending its restrictive provisions.
5. Respect the rule of law at all times and guarantee the independence of the judiciary and state institutions
6. Respect the rights of members of the political opposition and their supporters and create an enabling environment for political participation
Standing in solidarity with Venezuelan human rights defenders
The recent, ongoing and unwarranted detention of five members of the Venezuelan NGO ‘Azul Positivo’ is one more event in a series of threats, harassment, attacks, restrictions, reprisals and criminal proceedings against Venezuelan civil society organizations and human rights defenders, which has been intensifying since November 2020. In recent months and weeks, state agents have forcibly entered the offices of civil society organizations; public threats have been made against defenders who have been engaging with human rights mechanisms, NGO bank accounts have been frozen and arrest warrants issued for aid workers.
Treaty pushes for environmental justice in Latin America and the Caribbean
By Danny Sriskandarajah, CIVICUS Secretary General

Despite closing space for civil society, the new Escazú Agreement—which offers protection measures for environmental groups and defenders—is a shining example of citizens organizing in creative ways to fight for social justice.

Read on: Open Global Rights
Venezuela: the lack of guarantees for fundamental freedoms requires the Council's continuous scrutiny
Statement at the 52^nd Session of the UN Human Rights Council

Interactive Dialogue on the High Commissioner oral update on Venezuela

Delivered by Marysabel Rodríguez,

Thank you Mr President,

In Venezuela there are no guarantees for freedom of expression, peaceful protest and the right to association. Violations of civil liberties affect demands for economic and social rights.

In 2022, at least 80 radio stations were closed down by government orders. Arbitrary and non-transparent management by the National Telecommunications Commission has left most radio stations in legal uncertainty for years.

The "anti-hate law" continues to be used against people for expressing themselves. At least 11 arbitrary arrests were recorded last year.

Social protest is repressed. In recent days public workers and teachers have been harassed, dismissed and threatened. Strikes are criminalised; in January, 18 workers of the Venezuelan Guyana Corporation were arrested and prosecuted for demanding better working conditions.

Two legal initiatives to regulate the right of association are advancing. if passed, they will consolidate the criminalisation of individuals, collectives and organisations engaged in social, humanitarian and human rights work. None of the draft laws are publicly accessible nor have they been officially released.

We urge this Council to maintain its attention on Venezuela and we ask the High Commissioner what the Council can do to consolidate OHCHR presence in the country, to support the work of the Fact Finding Mission and any initiative that avoids further restrictions to civic space in the country.

Thank you very much.

Civic space in Venezuela is rated as "Repressed" by the CIVICUS Monitor