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Nicaragua

Executive Summary

Nicaragua has a highly centralized, authoritarian political system dominated by President Daniel Ortega Saavedra and his wife, Vice President Rosario Murillo Zambrana. Ortega’s Sandinista National Liberation Front party exercises total control over the executive, legislative, judicial, and electoral functions. President Ortega was inaugurated to a third term in office in January 2017 following a deeply flawed electoral process. The 2016 elections expanded the ruling party’s supermajority in the National Assembly, which previously allowed for changes in the constitution that extended the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors. Observers noted serious flaws in municipal, regional, and national elections since 2008. Civil society groups, international electoral experts, business leaders, and religious leaders identified persistent flaws in the 2019 Caribbean regional and 2017 municipal elections and noted the need for comprehensive electoral reform.

The Nicaraguan National Police maintains internal security. The army is responsible for external security but also has some domestic security responsibilities. Both report directly to the president, pursuant to changes in the police and army code in 2014. Parapolice, which are nonuniformed, masked, and armed groups with tactical training and organization, act in coordination with government security forces, under the direct control of the government, and report directly to the national police. Civilian authorities maintained effective control over police and parapolice security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, committed by the government or its agents; forced disappearances by parapolice forces; torture and cases of cruel, inhuman, or degrading treatment or punishment by prison guards and parapolice; harsh and life-threatening prison conditions; arbitrary detentions by police and parapolice; political prisoners and detainees; politically motivated reprisal against individuals located outside the country; a serious lack of independence of the judiciary; and arbitrary and unlawful interference with privacy. There were serious restrictions on free expression and the press, including threats of violence, censorship, and criminal libel; and substantial interference with the rights of peaceful assembly and freedom of association, as well as severe restrictions on religious freedom, including attacks on the Roman Catholic Church and church officials. The government continued to block nine nongovernmental organizations and civil society organizations from recovering their legal status and illegally withheld their assets, preventing them from operating; during the year the government stripped one more nongovernmental organization of its legal status. Government restrictions on freedoms of expression, association, and assembly precluded any meaningful choice in elections. Elections for municipal authorities as well as for president and vice president and National Assembly representatives have been considered marred by fraud and irregularities since 2008. There was widespread corruption; lack of investigation of and accountability for violence against women; trafficking in persons; discrimination and violence against ethnic minorities and indigenous communities; threats and attacks against lesbian, gay, bisexual, transgender, and intersex persons; and child labor, including commercial sexual exploitation.

Parapolice and individuals linked to the Ortega regime carried out a campaign of harassment, intimidation, and violence toward perceived enemies of the regime, such as former political prisoners, campesino activists, prodemocracy opposition groups, human rights defenders, and Catholic clergy. Human rights groups alleged that between October 2018 and August, parapolice killed at least 30 campesinos considered to be opponents of the ruling party.

The government did not take steps to identify, investigate, prosecute, or punish officials who committed human rights abuses, including those responsible for at least 325 killings and hundreds of disappearances during the prodemocracy uprising of April 2018. President Ortega actively strengthened impunity for human rights abusers who were loyal to him.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Human rights NGOs, however, noted hundreds of cases of arbitrary arrests by police and parapolice forces, although parapolice have no authority to make arrests. Human rights organizations reported police and parapolice agents routinely detained and released government opponents within a 48-hour window, beyond which police would have to present formal charges against detainees. Detentions of political opponents usually occurred without a warrant or formal accusation and for causes outside the legal framework.

Section 2. Respect for Civil Liberties, Including:

Academic Freedom and Cultural Events

There were government restrictions on academic freedom, and many students, academics, and researchers reported pressure to censor themselves.

Public universities expelled from school and erased the records of many university students who participated in prodemocracy protests. In many cases, students who went into exile could not continue their studies abroad without their records. Entrances to public universities remained under surveillance by progovernment guards who regularly checked every visitor and often by police. Some university rectors reported university enrollment following the prodemocracy uprising fell to 50 percent of precrisis levels. The public Poly-Technical University (UPOLI) expelled opposition student leader Dolly Mora, claiming security issues. FSLN-controlled student groups at UPOLI harassed Mora and others who in 2018 had protested against the government’s violent crackdown on prodemocracy demonstrators. According to reports, leaders of these FSLN-controlled student groups threatened the dean of UPOLI with violence on campus to force Mora’s expulsion.

Human rights NGOs and civil society groups reported authorities required students in elementary and secondary public schools to participate in progovernment rallies while schools were in session. Political propaganda for the ruling party was posted inside public schools. Teacher organizations and NGOs alleged continuing FSLN interference in the school system through the use of school facilities as FSLN campaign headquarters, favoritism shown to members of FSLN youth groups or to children of FSLN members, politicized awarding of scholarships, and the use of pro-FSLN education materials.

Public schools were ordered to continue in-person classes even as COVID-19 spread across the country. Teachers were ordered to punish absences and identify those students who were not attending classes. By August at least 46 public school teachers had died from COVID-19.

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