[ad_1]
On July 13, 1945, 13 states of Latin America issued a joint statement in which they strongly condemn the acts of violence perpetrated in Nicaragua since April 18, which have already claimed the lives of more than 300 Nicaraguans , and in which:
" They demand the immediate cessation of acts of violence, intimidation and threats directed against Nicaraguan society, and the dismantling of paramilitary groups " (see full text reproduced at the end of this note).
Unlike official statements prepared by a single State, which can vary the vocabulary according to its proximity or distance press releases require several states to agree and agree on a text.
Although this political crisis has led to a large number of opinions and analyzes from the political point of view, from the legal perspective have been less; or, international law was mentioned with little precision as to its real scope in the case of a situation such as that of Nicaragua. Joint official communiques, which have increased in recent weeks as a result of the Nicaraguan crisis, demonstrate the rules imposed on States and international organizations, as we will see below.
Joint communiqué in the midst of other calls for the cessation of violence
This collective appeal signed by 13 Latin American states was preceded a day earlier by a press release European Union – EU – (see official text) which reads:
" Acts of violence against students and civilians in Nicaragua as well as delays in the provision of a Urgent medical assistance to the wounded is deplorable We expect the authorities to ensure the security of the population and the respect of fundamental rights.All violence must stop now.We reiterate our call for a peaceful and peaceful solution. for the situation in the country in the framework of the national dialogue . "
Similarly, this July 17 Office of the High Commissioner for Human Rights of the United Nations said in a 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 assembly and adopt concrete measures as soon as possible to put an end to the crisis and find a peaceful solution . "
As can be seen, the diplomatic pressure on the Nicaraguan authorities has been concentrated in the last days, on July 18 month since the beginning of the demonstrations, and this July 19 in Nicaragua, under very special circumstances, a party as the one called " Day of the Revolution ", commemorating the final triumph of the Sandinista revolution in July 1979.
Precisely the same July 18 the Permanent Council of the Organization of American States (OAS) adopted a new resolution on Nicaragua (see note with the full text adopted by vote, with 21 votes in favor) The Past June 5 That's the # 39 General Assembly of the OAS which adopted a declaration entitled " Declaration of Support to the People of Nicaragua ", reproduced in full in this note.
] Photo taken from a pre release entitled "Nicaragua convulsed by repression of demonstrations against the government"
These calls repudiating the use of violence are justified by the somewhat atypical situation that exists in Nicaragua, since a large part of dead and wounded are unarmed civilians and students protesting in the streets, victims of snipers and paramilitary groups and self-defense who act with the complaisance of the authorities.
Despite the deep suffering of many Nicaraguan families inside and outside Nicaragua, from an international point of view, we are confronted with a situation of an internal nature: on this precise ground, the same or the international public 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 about a certain situation of violence.
This explains why international entities and states are developing these calls and official communiqués demanding the cessation of violence and the search for a mechanism that allows dialogue to find a political solution to the problem. the crisis
The inter-American system for the protection of human rights was activated in the face of the crisis in Nicaragua
Now, as a member of the OAS and in As a state party to several inter-American human rights instruments, Nicaragua is subject to its obligations in terms of the protection of public order and the guarantees given to protestors on the tracks. public. The disproportionate and indiscriminate police actions against the demonstrators severely violate these obligations, as well as the absence of investigations and sanctions against those responsible for violent acts and many other actions of the Nicaraguan authorities highlighted these last months.
Precisely the Past ] June 21 The Inter-American Commission on Human Rights (IACHR) published a detailed report on the situation of violence in Nicaragua (see our brief note with reference to 91-page Report of the same Committee)
As part of the legal tools available to victims in Nicaragua, the IACHR announced in the past on July 12 having ordered a series of precautionary measures to the Nicaraguan authorities to protect and protect the lives of several social leaders and students who are the target of threats and intimidation (see the press release) of the IACHR of 07/12/2018)
In addition to legal tools that correspond to the mandate of the IACHR, the crisis in Nicaragua led to the creation of two entities that work in situ :
– on June 24 was officially insta the Follow-up Mechanism in Nicaragua (MESENI), an inter-American entity that oversees and monitors the situation in Nicaragua, as well as the State's response to the recommendations of the IACHR (see official communication of the the IACHR of 25/06/2018)
– since 2 July it was installed on Interdisciplinary Group of Independent Experts (GIEI), in charge of documenting the actions violence in Nicaragua (see IACHR communication of 27/07/2018). 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 released 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, harassment and persecution against the population, as well as the lifting of barricades. confirmed that police and police officers made dozens of arrests of persons who were returned to detention centers of the National Police "(see press release of the IACHR of 19/07/2018).
By way of conclusion
Maximum diplomatic pressure from States and international organizations attempts to curb violence in Nicaragua, while the activated inter-American system monitors from outside but also from Two entities in situ the situation from the point of view of human rights.
It should be noted that a few days before the outbreak of the political crisis in mid-April 2018 in Nicaragua, the authorities A protest note was filed, citing undue interference from one of his senior officials assessed the internal situation in Nicaragua (see our note with the text or press release of Nicaragua of April 20, 2018 .
As part of the special reading that some people of Costa Rica make the prevailing situation in Nicaragua, a former president of Costa Rica suggested: July to bring the President of Nicaragua before the International Criminal Court (ICC) (see press release), without noticing (perhaps) that the Nicaragua is not part of the Rome Statute adopted in 1998, an instrument that was 20 years old on July 18 (See the official list of States parties.)
As we know, public international law is a branch of the d which attempts to regulate the relations between several States or to settle disputes between several States. In the case of internal situations of violence that do not involve other States, the action of international law is limited, at least to this day, to the existing human rights mechanisms. under international instruments accepted by the same state: the MESENI and the IACHR document and monitor the situation in Nicaragua under the powers that correspond to it and in agreement with the authorities of Nicaragua, while the GIEI seeks with its investigators to realize the right to the truth of the victims and their families.
The offers that States and international organizations can make to intervene in an internal political crisis and create a climate conducive to its solution are also commendable, and that is why many of the joint statements referred to above above
Full text of joint communiqué subscribed to this July 16, 2018 by Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala , Honduras, Mexico, Panama, Paraguay, Peru and Uruguay, circulated on the official website of the Argentine Diplomacy:
the situation in the Republic of Nicaragua Monday, July 16, 2018
The Governments of the Republic of Argentina, Federative Republic of Brazil, Republic of Chile, Republic of Colombia, Republic of Costa Rica, Republic of Guatemala, Republic of G uatemala, Mexico, Republic of Panama, Republic of Paraguay, Republic of Peru and Eastern Republic of Uruguay, considering the situation in the Republic of Nicaragua:
Express concern about violation of human rights and fundamental freedoms and condemn in the strongest possible terms the serious and repeated acts of violence taking place in Nicaragua which have so far caused the unfortunate loss of more than 300 lives and hundreds of wounded; repression and violence against students and members of civil society, as well as the delay in providing urgent medical assistance 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 to reactivate the national dialogue in Nicaragua, in a climate of respect for fundamental freedoms, which involves 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 research and promotion work 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 the 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 with concrete results that address the country's fundamental challenges, peacefully, including institution-building democratic, implementing the recommendations of the OAS Election Observation Mission and holding free, fair and timely elections, in an environment free of fear, intimidation , threats or violence. 19659039] -The author Nicolás Boeglin is Professor of Public International Law, Faculty of Law, University of Costa Rica (UCR)
Author's Blog: ] Nicolás Boeglin
Source link
