UN experts denounce arbitrary shutdown of civil society organisations: Nicaragua

OHCHR

The arbitrary shutdown of hundreds of civil society organisations in Nicaragua is deeply concerning and would have a chilling effect on activists and human rights defenders across the country, UN experts* warned today.

In a letter (*) addressed to the Nicaraguan Government on Monday, UN experts said the cancellation of the legal personality of hundreds of associations “represents a clear pattern of repressing civic space.”

The experts echoed a statement by the UN High Commissioner for Human Rights earlier this year regarding the crackdown on civil society in Nicaragua.

They expressed shock about the wide extent of the shutdowns by the National Assembly at the request of the Government. They counted the closure of more than 700 organisations, 487 of them only in the past month.

Even though the closure of civic space has been observed since the political unrest in 2018, the closure of organisations has accelerated as a result of a 2020 Law on Foreign Agents and a 2022 Law on Regulation and Control of Non-Profit Organizations (NPO), which was recently enforced.

Ahead of the NPO Law entering into force in May, the experts provided their legal analysis and expressed their concerns. Specifically, the NPO Law imposes burdensome administrative and registration procedures, the disclosure of data of beneficiaries, and significantly restricts foreign funding. To date, the experts have not received a response to their observations.

“We regret to see that, once again, counter-terrorism and anti-money laundering legislation is being misused to unnecessarily and disproportionately restrict the activities of civil society and fundamental freedoms,” the experts said, pointing to a global trend.

They said the shutdowns have not only affected human rights organisations, including those working towards the rights of women and indigenous people, but also those that promote democratic values and counter the negative effects of climate change.

The shutdowns also impact associations that provide humanitarian aid and medical services as well as educational, cultural and artistic institutions, and religious foundations.

“This situation will have even more devastating consequences for marginalised individuals and groups who rely on those services for their survival, for instance, rural and indigenous communities, children and youth, women, migrants and asylum seekers,” the experts said.

The UN experts expressed concern about the deterring effect that these shutdowns have on members of civil society. Hundreds of activists have already fled the country and sought refuge in neighbouring States due to fear of reprisals, they said.

“We urge the State to abstain from further closures and immediately reverse these severe restrictions on associations. A functioning, well-established and diverse civic and political space is key in any democratic country,” the experts said.

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