Nicaragua's human rights achievements over the last 10 years

Jorge Capelán, Managua con Amor, June 1, 2019
https://managuaconamor.blogspot.com/2019/06/los-argumentos-de-nicaragua...

In this article we offer a concise presentation of Nicaragua's progress in the field of Human Rights between 2008 and 2018 taken from the presentation of the State of Nicaragua in the Third Cycle of the United Nations Universal Periodic Review, made last May 15th in Geneva, Switzerland, by Vice Minister for Foreign Affairs, Valdrack Jaentschke.

These are hard facts, corroborated by international organizations. They speak for themselves, such that they cannot be ignored by anyone wishing to offer serious comment on the country's situation :

In 2006, the population placed its trust in a new government, which, on a platform of National Reconciliation and Unity, set out to promote reconciliation between all political, economic and religious sectors and to implement a National Human Development Plan, in which Nicaraguan families are the main protagonists of government programs and identifying poverty as the main historical and structural problem to be eradicated.

A model of alliances was implemented between the government, small, medium and large productive-business sectors and workers, which, engaged in permanent dialogue, focusing on the search for consensus to move the country forward.

Since 2007, the Government of Reconciliation and National Unity has defined its policies through the formulation of its National Human Development Programs, currently being implemented for the period 2018-2021.

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Reduction of overall poverty from 29.6% in 2014 to 24.9% in 2016; and reduction of extreme poverty from 8.3% in 2014 to 6.9% in 2016. (In 2005 the poverty and extreme poverty indicators were 48.3 and 17.2% respectively.)

In 2015, Nicaragua became one of the first Latin American countries to meet Millennium Development Goal #1 by halving poverty and hunger, according to FAO and the UN World Food Programme (WFP).

Nicaragua met MDG #4 to reduce child mortality by two thirds. The country ranks 84th out of 193 countries that are meeting child mortality targets for 2030, with the index dropping from 17 in 2012 to 12.3 in 2018, according to UNICEF.

Inequality has decreased : Nicaragua's GINI Inequality Coefficient went from 0.38 to 0.33, an exemplary result, according to FAO.

Between 2014 and April 2018, Nicaragua maintained sustained economic growth of more than 5% annually, according to the World Bank, IMF and ECLAC; the third fastest growing economy in Latin America.

The Sandinista government has implemented more than 40 emblematic social programs and projects to fight poverty with direct results for the well-being of the population.

EDUCATION

Education has been made free and its quality improved through integrated subsystems:

        * Basic Education, Secondary Education and Teacher Training;
        * Technical Education and Vocational Training;
         * Higher Education;
        * Out-of-school education

Regional Autonomous Education in the Nicaraguan Caribbean Coast (SEAR), based on the needs of indigenous and afrodescendant peoples, offers intercultural bilingual education, in Miskitu, Mayagna, Tuahka, Panamahka, Ulwa, Garífuna and Creole.

Enrolment in education has grown steadily. In 2018 it had an overall growth of 22.1% compared to 2008, allocating significant resources to programs aimed at improving nutrition and school retention, benefiting the most impoverished children.
   
Through the School Snack and School Backpack Programs, 5,370,168 students benefited. 16,330,072 school supplies were delivered, including school packages, shoes, books and bicycles.

School infrastructure including 1,748 schools and 2,132 classrooms was improved; Nicaragua incorporated information technologies into 765 schools, 169 mobile digital classrooms, ensured Internet access to 439 schools and training in educational technologies to 293,464 protagonists.

522 Distance Secondary Schools were installed in the countryside.

CHILDREN AND ADOLESCENTS

A State Policy for the Strengthening of the Nicaraguan Family and Prevention of Violence is being implemented, by means of the following programmes:

Urban Programme for the Welfare of Children in Extreme Poverty;

The National Early Childhood Policy and Social Welfare Project;

The Childhood and Adolescence Code which punishes physical abuse of children and adolescents by their parents, guardians, educators, authorities or any other person;

Law 779 and the Family Code which regulate the return of children who have been illegally moved abroad;

Expansion of the network of Child Development Centres (CDI) from 60 to 270, with campaigns to prevent ill-treatment by means of 160,978 house-to-house visits to promote a new culture of child-rearing.

Companionship and care for 42,073 persons by means of Family Counselling Offices, as part of the Early Warning System for the Prevention of Domestic Violence.

Training was provided to 2,913 public servants of the National Social Welfare System on issues related to special protection and prevention.

1,169,979  Educational booklets were distributed as part the Love the Little Ones program promoting care and accompaniment for children's development from pregnancy to the age six.

HEALTH CARE

Nicaragua's  Family and Community Health Model is based on the free provision of all services and is implemented on thebasis of a Primary Care Strategy.

    * Health facilities increased from 1,287 to 1,520.

    * The number of doctors rose from 5,566 to 6,318;

    * The number of health workers from 31,124 to 35,841;

    *  Maternal Care Houses from 165 to 178.

    *   The "Mobile Clinics Program" was launched with 66 units that have provided 2,820,982 services.

As a result, the Maternal Mortality Rate decreased from 37 to 34 per 100,000 live births.

HOUSING

Housing incentives such as direct subsidies, advances on social benefits and exemption from Value Added Tax (VAT) have been implemented, facilitating the construction of 57,859 new and improved homes, benefiting 236,165 people.  

DRINKING WATER

Urban drinking water coverage was expanded from 87.2% to 92.5%, benefiting 575,541 new users.

Rural coverage increased from 41.77% to 54.90%, benefiting 93,106 new users.

SANITATION AND SEWAGE

Urban sewerage provision increased from 40.5% to 47.1% with the implementation of 85,840 new connections benefiting 460,065 people;

In rural areas, provision remained at 50.04%, with the implementation of 10,001 new sanitation units, benefiting 73,223 people.

ENERGY

The electricity generation matrix has been transformed, increasing access by 14.6%, going from 80.4% in 2014 to 95.31% of the population with electricity by October 2018.

4,388 projects provided electrification to 559,820 homes and 2.9 million inhabitants.

60% of the energy consumed is from renewable generation.

HIGHWAYS INFRASTRUCTURE

Nicaragua ranks fifth in the ranking of countries with the best highways in Latin America, according to the 2017-2018 global competitiveness index of the World Economic Forum.

In this period, 767 km of roads were built, interconnecting for the first time in history the Pacific Region with the Caribbean Region, benefiting 126 municipalities with a population of 3.5 million inhabitants.

LABOR RIGHTS

The minimum wage is negotiated and adjusted annually on a tripartite basis (Government-Employers-Trade Unions).

241 new trade union organisations have been registered.

240 public and private sector collective agreements have been negotiated.

The rights of 1,459,096 workers have been protected through labour inspections.

Labor legislation has been harmonized with International Labor Organization Convention 169 on Indigenous and Tribal Peoples, and the Labor Code was translated and published in Miskito language.

The national legal framework goes beyond the current ILO Convention No. 169 via :

        * the "Statute of Autonomy of the Regions of the Caribbean Coast of Nicaragua" (Law 28); and

        * the "Law on the Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Atlantic Coast of Nicaragua and of the Bocay, Coco, Indio and Maíz Rivers" (Law 445).

PROPERTY RIGHTS

The Land Project gave legal security to 138,737 families, who received Property Titles, thus promoting the economic development of families and small producers. 55% of beneficiaries are women.

In the Caribbean Coast, 23 Communal Property Titles have been issued; 19 in the North Caribbean Autonomous Region and 4 in the South Caribbean Autonomous Region, benefiting 304 indigenous and Afro-descendant communities, made up of 39,531 families or 227,185 community members. The titled area corresponds to 37,842 Km2, equivalent to 31.16% of the national territory.

SOCIAL SECURITY

Affiliation to the Nicaraguan Institute of Social Security increased by 9% of workers, from 690,870 in 2014 compared to 754,688 in September 2018.

The INSS Oncology and Renal Substitutive Therapy programs benefit 10,587 and 3,767 patients, respectively.

Haemodialysis equipment was increased for INSS beneficiaries from 155 to 406; and access to health care was expanded to cover children of insured persons born with permanent disabilities.

OLDER ADULTS

In 2015, Law No. 900 "Law on Reduced Old Age Pension for Persons Insured by the INSS" was passed, increasing access to health care for the elderly by 30%, from 72,032 in 2014 to 100,224 in 2018.

97,070 ophthalmic surgeries were performed, restoring vision to the elderly.

PEOPLE WITH DISABILITY

83 Houses were built for people with special needs.

138,540 persons with disabilities were assisted through the "Todos con Voz" (Everyone with a Voice) program.

Attention is also given to people with disability in the eight audiological clinics and three orthosis and prosthesis workshops.

ENVIRONMENT

    As a member of the United Nations Framework Convention on Climate Change, Nicaragua acceded to the Paris Agreement (Nicaragua had previously refused to sign it, but for reasons totally opposed to those of the Trump administration, arguing that the goals of the Paris Agreement were excessively conservative and did not take into account the situation of climate injustice to which developing countries are subjected).

    In 2018, Nicaragua assumed the co-presidency of the UN's Green Forum for the Climate, representing developing countries. (In this space, Nicaragua plays a vanguard role in the mobilization of resources to face climate change towards the most vulnerable countries).

CITIZEN SECURITY

Nicaragua remains the safest country in Central America, and the third least violent country in Latin America.

The homicide rate is 7.5 % per 100,000 inhabitants, which is 4 times less than the average in Central America. Only 6.3% of crimes represent highly dangerous crimes.

The World Economic Forum ranks Nicaragua as one of the only countries in the Continent with a score of less than 1 in the indicators of Crime and Robbery, which facilitates business, obtaining the best evaluation of the continent (5.7).

The 2015 Latinobarómetro survey indicates that crime in Latin America has grown 360% in the last 20 years, while in Nicaragua, it has been steadily reduced by 43% in the last 7 years.

The Regional Human Development Report 2014 of the United Nations Development Programme (UNDP) recognizes that the National Police has consolidated a model of public security with a community profile.

With regard to access to justice, the constitutional reform of 2014 strengthened judicial independence, creating the National Council of Administrative and Judicial Careers, with autonomous authority to regulate the judicial career administration, carrying out 18 selection processes for 637 public servants and ratifying 409 civil servants through performance evaluations.

The "Family Code" (Law No. 870) was approved and implemented and entered into force in April 2015.

The new Code of Civil Procedure of the Republic of Nicaragua (Law No. 902) has been in force since 10 April 2016.

Accession to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance was approved on 28 August 2018.

Seventy-five Judicial Centres specializing in the family, violence and adolescents, the System of Judicial Facilitators and Facilitators and the Institute of Legal Medicine (IML) with its Women's and Children's Clinics, and the DNA Laboratory were expanded and strengthened.

The Judicial Observatory on Gender Violence was strengthened to follow up and monitor precautionary and preventive measures, judicial decisions and judicial statistics relating to crimes of violence against women, as defined in Law 779.

The "Regulations of the Specialized Criminal Justice System for Adolescents", the "Manual for Public Defence in Matters involving Adolescents" and the "Protocol for Action by the Specialized Prosecutor in Criminal Justice for Adolescents" were implemented.

There were 609 conciliations and agreements, representing approximately 14 per cent of the total accusations, as alternative measures to the resolution of conflicts in criminal matters.

The National Police set up two training centres that provide specialized care for children, adolescents and young people at risk, providing training for 13,072 young people. These centres are the only ones of their kind in Central America.

167,009 expert investigations have been conducted of crimes against women's lives and integrity. A total of 69,605 criminal cases have been processed and 62 per cent have been resolved.

For the crime of femicide, 65 sentences were handed down with a guilty verdict, demonstrating the rigorous application of Law 779, "Comprehensive Law against Violence against Women".

In 2015, Law No. 896 against trafficking of persons was enacted, harmonized with legislation in Central America and the Caribbean.

The National Coalition against Trafficking of Persons, which brings together 25 government agencies and non-governmental organizations, was strengthened and carried out 8,619 preventive and educational activities for 467,863 persons and the training of 44,232 public officials.

Of 30 cases of trafficking, 22 were prosecuted, resulting in 20 guilty persons; 73 victims were rescued (13 men and 60 women; 10 infants, 28 adolescents and 35 adults).

CIVIL AND POLITICAL RIGHTS

There is absoutely complete freedom of expression in the country.

The diversity of the media is reflected in the written, radio and television media that belong to the private sector and that broadcast programing and communications without any restriction.

Nicaragua recognizes and guarantees the right of assembly, demonstration and public mobilization of people, and like any other country, these rights must be exercised in accordance with the laws and regulations established for this purpose.

The electoral rights of the Nicaraguan people are guaranteed by the Constitution and its reforms, as well as in other laws.

The Law on Equal Rights and Opportunities seeks to ensure greater participation, inclusion, representation and gender equity, guaranteeing proportionality of 50% between women and men in all positions of popular election and government representation.

The Political Constitution provides that the lists of candidates for popularly elected posts must consist of fifty per cent men and fifty per cent women, ordered equitably and presented alternately.

The gender perspective is applied in all policies, plans, programmes and legal regulations to guarantee women's rights and full participation in decision-making in national life.

Nicaragua ranks sixth in the gender equity index, first in the Americas; fifth in women's participation in parliament; and first in ministerial positions.

In the 2018 World Economic Forum's "Global Gender Gap" index, Nicaragua has risen from 62nd to fifth place, achieving an 80.9% reduction in inequality between men and women.

Women in general represent:

        * 59.7% in the Judicial Branch,
        * 56% in the Executive Branch,
        * 45.7% in the National Assembly,
        * 46% of all Mayors,
        * 60% of all Vice Mayors and
        * 50% of all Councilwomen,

Women hold many of the most important positions in the State and Government, including: the Vice President of the Republic, the Presidency of the Supreme Court of Justice, the Vice President of the National Assembly, the Office of the Public Prosecutor, the Office of the Attorney General of the Republic, the Office of the Procurator for the Defence of Human Rights and the Mayoress of the capital city, Managua.

In the executive branch, 9 of the 16 central ministries (56.3 per cent) are headed by women, to which are added 7 of 16 deputy ministers (43.8 per cent). 14 of the 31 Decentralized Entities (45.1%) are headed by women.

In Other Powers and State Entities, women occupy 57% of the Executive Board of the National Assembly, 40% of the Magistrates of the Supreme Electoral Council, 31% of the Magistrates of the Supreme Court of Justice, 50% of the Comptrollers General and 57% of the Board of Directors of the Central Bank.

In the 2016 general elections, as well as in the 2017 municipal elections and the 2014 elections for Regional Councils of Indigenous and Afro-descendant Peoples, the free, direct and secret participation of the Nicaraguan people in the exercise of their right to vote was guaranteed through 19 legally registered political parties.

Commander Daniel Ortega Saavedra obtained 72.44% of the votes in the 2016 presidential elections. These electoral processes were accompanied by the OAS and other national and international actors.

Progress was made in the national identity card process, increasing by 17.74% the number of citizens accredited with identity cards to participate in the 2017 municipal electoral process.

The number of polling centers  (JRVs), both urban and rural, increased by 2.0%, from 12,960 JRVs in the 2011 general elections to 13,206 in the 2017 municipal electoral process.

According to its latest ranking of March 2019, from a prestigious international consulting firm (Mitofsky), Commander Daniel Ortega ranks fourth among the best evaluated presidents in the Latin American region (55%) and the best evaluated by his citizens with respect to the other Central American Presidents.

COMPLIANCE WITH INTERNATIONAL OBLIGATIONS

Nicaragua has made progress towards adopting five international human rights instruments related to the protection of children and adolescents.

The country has submitted seven human rights reports to the relevant treaty bodies, relating to:

        * The elimination of discrimination against women;
        * The elimination of all forms of racial discrimination,
        * The rights of people with disability;
        * Economic, Social and Cultural Rights;
        * Civil and Political Rights;
        * Rights of the Child;
        * Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

All these reports have been submitted and are given the necessary follow-up through harmonious coordination between all State institutions.