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The Past July 16 13 Latin American states issued a joint statement in which they strongly condemned the violence that has been taking place in Nicaragua since April 18, which has already claimed the lives of more than 300 Nicaraguans. In their communiqué, these States, inter alia:
" call for the immediate cessation of acts of violence, intimidation and threats directed against Nicaraguan society; and the dismantling of paramilitary groups "(see full text in Spanish, reproduced at the end of this note and sent to the Portuguese version).
Short recapitulative on certain diplomatic uses
As everyone knows, each state can express itself in relation to the internal situation of another state, which raises concerns, as was the case for Argentina, Spain and Spain. and Ecuador in relation to the situation in Nicaragua (see the press release Argentina, the text of the official communique of Spain as well as the contents of the Ecuadorian communique, all three of July 15, 2018 ): very different in the content, despite having the same date, these three releases respond to the reading of the situation and the form chosen by each one, from Buenos Aires, Madrid and Quito, to express their concern to the authorities Nicaragua,
e, The correct use of the diplomatic lexicon in an official statement makes it possible to send a message to the receiving state without perceiving this statement as undue interference in its internal affairs. On the other hand, incorrect use of vocabulary or expressions of value may cause profound discomfort on the part of the State which is the subject of the communiqué, which is considered a clear violation of a fundamental principle of law. international law: the principle of non-intervention in internal affairs. However, contrary to official statements prepared by a single state, in which it can modulate and calibrate the vocabulary used according to its proximity, distance or hostility to the state authorities submitted to the communique, press releases This compares with similar statements made in response to the internal political crises in Honduras (2009), Paraguay (2012), Venezuela (2014) and Brazil (2016). would make potentially interesting conclusions about the consistency of some.
The political crisis in Nicaragua has led to a large number of opinions and badyzes from the political point of view; from a legal point of view, they have been much less numerous; in some cases, international law was mentioned " in pbading " without having much clarity on its real scope in the case of a situation such as that of Nicaragua, and creating a kind of confusion. The joint official communiqués that have multiplied in recent weeks as a result of this crisis show the rules that states (and international organizations) must respect in cases of this nature: rules that must be differentiated from legal tools, such as as we shall see later, in the field of international human rights victims
A Joint Declaration of Other Calls for the Cease of Violence
This Collective statement signed by 13 states of Latin America was preceded a day earlier by a statement from the European Union – EU – (see official text) which reads as follows:
" Violence against students and civilians in Nicaragua, as well as delays in providing urgent medical badistance to the wounded, is deplorable. ensure the security of the population and respect for fundamental rights. All violence must stop now. We reiterate our call for a peaceful and democratic solution of the situation in the country in the framework of the national dialogue . "
In addition to the release of 13 Latin American states and the appeal launched by the political leaders of the 28 EU Member States, Member States of the Integration System Central American (SICA) – of which Nicaragua is a member – also adopted a declaration entitled " Special Declaration on Nicaragua " (see full text), the past 30 June .
A United Nations human rights body was also issued, in other words: the same July 17 Office of the High Commissioner for Human Rights. United Nations man stated in an official statement (see full text) that:
" The appalling loss of life must cease immediately. It is imperative that the Nicaraguan State, which has obligations under international human rights law, guarantee the right to life and security of the people, as well as the right to liberty expression and peaceful badembly and adopt concrete measures as soon as possible to put an end to the crisis and find a peaceful solution . "
As can be seen, diplomatic pressure on the Nicaraguan authorities has concentrated in the last days, when three July 18 were commemorated months since the beginning of the demonstrations, and on July 19 in Nicaragua, in very special circumstances, a festival like the one called " Day of the Revolution ", commemorating the final triumph of the Sandinista revolution in July 1979.
Precisely the same July 18 c Is the Permanent Council of the Organization of American States (OAS) which adopted a resolution on Nicaragua (see note with full text): the text was not adopted by consensus, but with a vote of 21 states in favor.This last vote should be compared to the fact that the past June 5 was the General Assembly of the OAS which approved a statement entitled " Declaration of support to the people of Nicaragua "(reproduced in full in this note): this resolution was adopted by consensus among the delegates of the 34 member states of the OAS, including Nicaragua.
These joint statements repudiating the use of violence are justified by the somewhat atypical situation prevailing in Nicaragua, since many of the dead and wounded are civilians and students demonstrating unarmed in the streets, victims of violence. snipers and paramilitary and self-defense groups acting with the complacency of the authorities. The Japanese Cooperation Agency (JICA) has expressed its concern by observing vehicles donated by it in violent operations of groups organized against street demonstrations (see press release of 7/4/2018).
Despite the deep suffering afflicting many Nicaraguan families inside and outside Nicaragua, from an international point of view we are confronted with an internal situation: In this area Specifically, public international law itself expressly prohibits other States from interfering in their internal affairs. This does not mean that they can not express any criterion expressing their deep concern in a certain situation of violence through official communications.
This explains why international entities and states are developing these calls and official communiqués demanding the cessation of violence. the search for a mechanism that allows dialogue to find a political solution to the political crisis in Nicaragua.
Note that this July 24 the death of a Brazilian medical student in Nicaragua He issued an official statement of Brazilian diplomacy that reads:
" Diante do ocorrido, or the Brazilian governorate again condemns or increases the repression, or the disproportionate and deadly use of paramilitary groups forced eo emprego em operates coordinates pelas segurança teams, as hair checked special surveillance mechanism for a Nicaragua i Established to Respond to the Recommendations of the Inter-American Commission on Human Rights "(full text)
Faced with the Crisis in Nicaragua, an Inter-American System for the Protection of Human Rights 39, Man was Activated
Well, as a member of the OAS and as a State party to several inter-American instruments relating to human rights. the state of Nicaragua is subject to its obligations with regard to the protection of public order and guarantees to protesters. Police actions that resort to a disproportionate and indiscriminate use of force against protesters causing death and serious injury seriously undermine these obligations; as well as the absence of investigations and sanctions against those responsible for acts of violence and many other actions attributable to the Nicaraguan authorities, highlighted in recent months.
Precisely the Past June 21 The Commission The Inter-American Commission on Human Rights (IACHR) published a comprehensive report on the situation of violence in Nicaragua, in which it identifies behaviors very questionable on the part of his authorities (see our note of 91 pages).
As part of the legal tools available to victims in Nicaragua, the IACHR announced in the past on July 12 that it had ordered a series of precautionary measures to the Nicaraguan authorities to the good of protecting and protecting the lives of several social leaders and students who are the subject of threats and acts of intimidation (see the IACHR press release) of 07/12/2018 )
In addition to the legal tools that correspond to the mandate of the IACHR, the crisis in Nicaragua led to the creation of two entities that function in situ :
] – since on June 24 was officially installed the Follow-up Mechanism in Nicaragua (MESENI), an inter-American entity that oversees and monitors the situation in Nicaragua, as well as the follow-up by the state to the recommendations of the IACHR (see official communication from the IACHR of 25/06/2018)
– since 1945 on 2 July the Interdisciplinary Group of Experts was constituted (GIEI), in charge of documenting violent actions in Nicaragua (see the IACHR communication of 07/02/2018). The mandate of the GIEI agreed with the Nicaraguan authorities is six months and aims to guarantee victims the right to the truth and to identify those responsible for violent acts.
Just this July 19 the MESENI announced after three weeks of work in Nicaragua its findings, which indicate, inter alia, " the intensification of the crackdown and the operations deployed nationwide by national police officers and parapolice groups to dismantle dams in various cities "as well as" the high degree of support and collaboration among police forces national and paramilitary hooded groups characterized by the coordination of actions for both the deployment of acts of violence, repression, harbadment and persecution against the population, as well as the lifting of barricades. confirmed that police and police have made dozens of arrests of people who were returned to detention centers of the National Police "(see press release of the IACHR of 19/07/2018).
Nicaragua before the universal conventional system of human rights
It should be noted that, in the universal sphere, Nicaragua is part of 12 treaties considered as fundamental rights of the United Nations. These international conventions provide for monitoring and monitoring mechanisms that victims may sometimes use in the case of specific human rights violations (eg, ill-treatment and torture, discrimination) or that affect a specific category of people ( women, children, indigenous communities, among others): see official status of ratification. It should be noted that Nicaragua has accumulated a considerable delay over the past several years in submitting state reports to several United Nations human rights committees or bodies, as well as requests for non-governmental mechanisms. who issued reminders. without success, visit to Nicaragua (see official list): an unequivocal signal to which unfortunately, very few of those who are outside Nicaragua, have paid attention.
At the moment, the highest human rights authority Together, the Human Rights Council, made up of 47 states (see the official list of member states), does not have the same status as the United States. adopted no decision on the situation in Nicaragua. Of Latin America, it is currently composed of Brazil, Chile, Cuba, Ecuador, Mexico, Panama, Peru and Venezuela.
International Diplomatic Pressure and International Law: Two Different Domains with their own Rules [19659002] Given the current situation in Nicaragua and the reactions generated at the international level, it is important to distinguish the political sphere from the sphere legal. Diplomatic pressure exerted by States and international organizations through official communications is attempting to curb violence in Nicaragua. At the same time, the activated inter-American system monitors from the outside but also from two entities in situ the situation from the point of view of human rights.
Diplomatic pressure is exercised according to the uses they experience Diplomatic devices, with the exception of unique situations that may occur sporadically. In this regard, a few days before the political crisis erupted in mid-April 2018 in Nicaragua, his authorities issued a protest note, citing undue interference from Costa Rica, one of its senior officials having badessed the internal situation in Nicaragua (see our note with the text of Nicaragua's communiqué of 20 April 2018 ).
As part of the special reading that some Costa Ricans make of the situation prevailing in Nicaragua, a former President of Costa Rica He suggested on July 18 to take the President of Nicaragua to the International Criminal Court (CPI) (see press release), without realizing (perhaps) that Nicaragua is not part of the Rome Statute adopted in 1998 18 July (see official list of States Parties)
By way of conclusion
As we know, public international law is a branch of legal science that attempts to regulate relations between several States or to settle disputes between several States.
In the case of internal situations of violence not involving other states, the action of international law is limited, at least to this day, to the rights mechanisms of the State. man in force under international instruments accepted by the same state: the MESENI and the IACHR document and monitor the situation in Nicaragua within the framework of the powers conferred upon it to the Nicaraguan authorities, while the GIEI seeks its investigators to to make the truth of victims and relatives of victims a reality.
Foreign offers that states and international organizations can make to intervene in an internal political crisis and create a conducive climate to resolve it are also recommended, and that is why many of the joint statements above This exact address
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Full text of the joint communique signed July 16, 2018 by Argentina, Brazil, Chile, Colombia, Costa Rica , Ecuador, Guatemala, Honduras, Mexico, Panama, Paraguay, Peru and Uruguay, broadcast from the official website of the Argentine Diplomacy (the Portuguese version is available on this link from the website of the Palace of 39; Itamaraty in Brazil)
Special Declaration on the Situation in Nicaragua Monday, July 16, 2018
The Governments of the Argentine Republic, the Federative Republic of Brazil, the Republic of Chile, the Republic of Colombia and the Republic of Costa Rica, Republic of Ecuador, Republic of Guatemala, Republic of Honduras, Mexico, Republic of Panama, Republic of Paraguay, Republic of Peru and the Eastern Republic of Uruguay, in view of the situation in the Republic of Nicaragua:
Express concern at the violation of human rights and fundamental freedoms and strongly condemn the serious and repeated acts of violence that are taking place in Nicaragua and that have caused the lamentable up to now loss of more than 300 lives and hundreds of injuries; repression and violence against students and members of civil society, as well as the delay in providing urgent medical badistance to the wounded.
They demand the immediate cessation of acts of violence, intimidation and threats against Nicaraguan society; and the dismantling of paramilitary groups
They urge the reactivation of the national dialogue in Nicaragua, in a climate of respect for fundamental freedoms, involving all parties to generate peaceful and lasting solutions to the situation in Nicaragua. and the strengthening of democracy, human rights and the rule of law in this country
Support the Nicaraguan Episcopal Conference to continue its work of researching and promoting solutions to conflict and respect for human rights. The Human Rights of Nicaraguans
thanks the Inter-American Commission on Human Rights (IACHR) for the visits to Nicaragua to investigate these events and urges the Government of Nicaragua to comply with the 15 recommendations made; and to collaborate with the Interdisciplinary Group of Independent Experts (GIEI).
They call upon the Government of Nicaragua and other social actors to demonstrate their commitment and to participate constructively in peaceful negotiations leading to concrete results. peacefully, including the strengthening of democratic institutions, the implementation of the recommendations of the OAS Election Observation Mission and the holding of free, fair and timely elections in an environment free of fear, intimidation, threats or violence. 19659002] –
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