IACHR Launches Special Monitoring Mechanism for Nicaragua (MESENI)

(OAS) Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has launched its Special Monitoring Mechanism for Nicaragua (MESENI, by its Spanish acronym) and deployed its technical staff, who arrived in Managua on June 24, 2018 and will remain on site as long as necessary.

The executive secretary of the IACHR, Paulo Abrao, with Antonia Urrejola, at a press conference in Washington. From Twitter

The MESENI’s goal is to follow up on the recommendations based on the IACHR’s visit to Nicaragua, including the Commission’s Preliminary Observations and its report “Serious human rights violations in the context of social protests in Nicaragua”.

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The MESENI is also expected to monitor compliance with precautionary measures granted in this context, in favor of people whose life or physical integrity is in serious danger, and to keep monitoring the human rights situation in Nicaragua in keeping with the IACHR’s mandate. With that aim in mind, the Mechanism will hold talks and working meetings with civil society, the State and other relevant actors.

The IACHR welcomes the invitation issued by the Nicaraguan government and by the parties involved in the ongoing National Dialogue for the Commission to return to the country and for the MESENI to be launched, in compliance with recommendation 15 of the Preliminary Observations.

In the context of such a recommendation, the MESENI will assist the Verification and Security Commission established in the National Dialogue’s agreement of June 15-16. The MESENI will also work to develop capabilities and provide training on international human rights standards for Nicaraguan civil society.

Further, the Mechanism’s technical staff will work alongside local authorities in Nicaragua to prepare the launch of the Interdisciplinary Group of Independent Experts (GIEI, by its Spanish acronym) for Nicaragua, next week. The MESENI and the GIEI complement each other and are set to work together.

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The IACHR is also expected to articulate and coordinate its efforts with United Nations institutions—including the Office of the High Commissioner for Human Rights—who are scheduled to arrive in Nicaragua later this week.

Given the MESENI’s nature, technical staff in Nicaragua will not be registering complaints, requests for precautionary measures or witness statements on site. However, as usual, the IACHR will continue to register complaints and requests for precautionary measures through the usual pathways, the fastest of which is the petition system portal available on the IACHR website.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

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Nicaragua Adopts the Cuban – Venezuelan Model

In early October 2018, Daniel Ortega’s regime installed a state of siege via a Police decree prohibiting civic marches. The OAS Inter-American Commission for Human Rights warned at the time that Ortega instituted a de facto State of Emergency. He had essentially suspended constitutional rights such as the freedom of assembly and mobilization, free speech, and a free press.

The goal of the state of siege was to wipe out the independent civic protest and to suppress and divide the opposition. Further, they aimed to impose a false normality through repression. With this, they hoped to coopt the large business leaders and reestablish the regime’s political and economic alliances.

Nevertheless, looking at the facts, Ortega instead deepened his national and international isolation. In addition, for two consecutive years he aggravated the economic recession and the social crisis. This continued until the negligent management of the Coronavirus health crisis brought him an unexpected political invoice. The mismanaged public health crisis wore down the credibility of his leadership, even among the members of his own party.

The regime now announces the imposition of new punitive laws. There’s a push to allow the use of life sentences for certain crimes. There’s a new law to regulate supposed “foreign agents”, and a “cybercrimes” law, better known as the “Gag law”. With these, the regime is recognizing the failure of the police state. The repression never succeeded in squashing the civic protests. Even without massive demonstrations, the spirit of the resistance remains intact.  Despite the National Coalition’s stumbles and the lack of a united national front, today the resistance is greater and better organized. It now has a presence in all of the country’s municipalities.

In the next two weeks, the regime’s parliamentary steamroller will assure the approval of that combo of punitive laws. These impose severe jail sentences for any and all opposition, a majority who represent over three-fourths of the electorate.

However, in reality, the regime has never needed legal pretexts to repress and imprison. Almost two years ago, the police assaulted the offices of Confidencial and Esta Semana and executed a de facto confiscationThis was done without the backing of any judicial orders. Yet, despite the television censorship, they never silenced us. We continue our truth-based journalism. Meanwhile the independent press – persecuted, harassed and sometimes exiled – now enjoys much more credibility and influence than the official machinery.

The latest Cid-Gallup polls confirm that the majority of the population no longer believes the government’s lies about COVID-19. The express burials and the Ministry of Health statistics on pneumonia fatalities and COVID-19 tests speak for themselves. These facts refute the daily monologues of Vice President Rosario Murillo.  Because of that deception, every day political support for Ortega and the FSLN shrinks still more. His backing among the public employees, both civilian and military, continues eroding.

In reality, the “Gag Law” is aimed at threatening the honest and professional public servants. It is meant to keep them from leaking information to the press and the public regarding acts of political corruption.  Such acts are occurrences that the regime wishes to hide.

The “Cybercrimes Law” also threatens users of social media with jail time. However, the dictatorship will continue losing the battle for the truth in social media. They can’t control the massive exercise of free speech and the use of new information technologies now at the service of citizens.

These punitive laws aren’t a symptom of strength, but rather of the political and moral defeat of a minority regime. Why, then, does Ortega need to impose them against wind and tides?  There are at least three hypotheses to explain this imperious political necessity.  All are based on the regime’s urgency to adapt the Cuban and Venezuelan “model” of repressive authoritarianism to Nicaragua.

First, they intend to make full use of the Constitution and laws as one pillar of their repressive strategy. However, they don’t want these as guardians of rights, but as a means to criminalize democratic liberties and civic protest. Clearly, it’s not a carbon copy, but this strategy definitively reflects the Cuban and Venezuelan “model”. The regime is adapting that model to fit a dynastic family dictatorship with the aim of liquidating the democratic project in Nicaragua.

Expedited by the “Law” he’s mandating, Ortega will now be able to eliminate organizations of civil society. He will also control any eventual adversaries and political competitors, by criminalizing them as “foreign agents”. The Venezuelan experience demonstrates that despite high international political costs, the Cuban “model” can prove effective in giving the regime stability. Through this model, pure and harsh repression can be draped in a “legal” mantle. For Ortega, this translates into an incentive to accumulate political hostages and gain time.

Secondly, the regime intends to take over the agenda of justice and present itself as a punisher of “hate crimes”. The latter would now carry a sentence of life in prison. This, in the end, is merely a defensive act. It responds to the need to assure the Sandinista bases that they’re not the ones under the gaze of justice.

Those accused of true “hate crimes”, crimes against humanity, crimes with no statute of limitations, are in the regime’s inner circle. The finger points to members of the Ortega-Murillo regime who are most directly tied to the repression. However, as in the April killings and the failed official narrative of an attempted “Coup d’Etat”, Ortega will point the finger elsewhere. He’ll try to convince his followers that his own hate crimes can be attributed to the victims.

Thirdly, although the Nicaraguan Constitution proclaims political pluralism, this combo of punitive laws assures there’ll be no competitive elections. With these laws, Ortega has ratified his stance for the November 2021 elections. Given this, it’s illusory to expect some electoral opening from a regime that’s willing to play All or Nothing. Though they risk further international sanctions and a declaration of illegitimacy, they’ll be celebrating the elections with no competition and without transparency.

Will we arrive at the opening of the 2021 electoral campaign without a political reform?  The answer to this interrogative doesn’t depend on Ortega, but on the political opposition.  Ortega has already decided to radicalize his authoritarian model. Meanwhile, the opposition continues to be paralyzed. They’re discussing which electoral box is the safest, in imaginary elections in which they haven’t even been invited to participate.

Meanwhile, the national debate must center itself on determining the most effective strategy. The opposition must work on joining forces, weakening the regime, and altering the balance of power. They must thus force a political reform on the regime, one that results from national and international pressure. First, the reform, with or without Ortega, and later free elections.

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