| For a summary of Nicaragua’s review at the first cycle please click here. |
19th UPR session
Date of review: 7 May 2014
Date of report adoption: 1 July 2014
Document number: A/HRC/27/16
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SUMMARY SOGIESC issues during Nicaragua’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
11. MAM reported that the adoption of the Family Code was nearing completion. However, the regulations adopted favour heterosexual marriage, do not guarantee the right to gender identity and do not encompass sexual orientation. The consultations were insufficient and included only government-related sectors. Joint Submission No. 5 (JS5) noted that various LBGTI organizations had called for diverse families and the LBGTI community to be included in the new Family Code but had been denied the right to have their views taken into account. Joint Submission No. 6 (JS6) recommended that the Government undertake to legislate in favour of sexually diverse persons
Institutional and human rights infrastructure and policy measures
18. JS6 noted that in 2009 the Government had appointed a Special Human Rights Advocate for Sexual Diversity. However, there is no legal framework supporting the decision. The validity of the Special Advocate’s appointment has been questioned and the LGBTIQ community does not identify with her as her administration has been ineffectual. JS6 recommended that the Government undertake to legislate immediately to establish an institutional structure that provides the LGBTIQ community with an appropriate forum within PDDH.
Equality and non-discrimination
23. JS6 noted that there is no law which expressly recognizes the legality of homosexuality. JS5 stated that legislation to address discrimination on the grounds of sexual orientation and gender identity is urgently needed and called on the State to criminalize hate crime in the Criminal Code
24. JS6 reported that the incidence of hate crime against the LGBTIQ community increased in 2012 and 2013. More than 25 offences classified as crimes against LGBTIQ persons were recorded in 2012. To date in 2013, 15 similar offences have already been reported.
25. JS5 acknowledged advances in the recognition of certain rights to the LGBTI community, but stated that the rights recognized are not respected. JS5 urged the State to respect and safeguard the rights of the LGBTI community, noting that the authorities continue to place party, ideological and religious prejudices above the community’s interests when implementing policies and laws.
Right to life, liberty and security of the person
29. JS5 highlighted the abuses suffered by detainees from the LGBTI community at the hands of prison officers. JS5 recommended that the State allow independent human rights organizations to inspect centres of detention.
Freedom of expression, association and peaceful assembly, and right to participate in public and political life
51. JS5 stated that a number of LGBTI activists have been assaulted for having demanded respect for their rights.
Right to work and to just and favourable conditions of work
57. JS6 indicated that the right to work is a utopian issue for LGBTIQ persons who face discrimination and lack of access to decent, well-paid jobs.
Right to education
69. JS6 reported that LGBTIQ persons continue to suffer discrimination and violence in the educational system. People living with HIV are exposed to persistent bullying in schools. The Special Human Rights Advocate for Sexual Diversity has launched not a single initiative to promote access to education for LGBTIQ persons.
II. Excerpts on SOGIESC issues from the national report
63. To strengthen this government policy, the Nicaraguan Institute for Women was raised to ministerial status, as was the Nicaraguan Youth Institute, in which young women represent around 50 per cent on average. A Special Procurator for Women and a Special Procurator for Sexual Diversity (Office of the Human Rights Procurator).
108. In the context of its monitoring role, the Office of the Human Rights Advocate continues to carry out verification procedures, focusing on education, health, violence against women, disability, HIV/AIDS and sexual diversity, drawing up recommendations for the competent bodies to improve the fulfilment of the human rights of persons in each of those areas.
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
3. The United Nations in Nicaragua highlighted […] the national legal framework needed further strengthening, however, to provide greater guarantees for the exercise of certain fundamental rights, such as those relating, inter alia, to immovable property, the rights of indigenous communities and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons.
7. The United Nations in Nicaragua said that the Office of the Human Rights Advocate was the first national human rights institution in Latin America to include a Special Advocate for the Rights of Sexual Diversity.
Equality and non-discrimination
16. The United Nations in Nicaragua noted that some progress had been made regarding the rights of the LGBTI community. For example, the Criminal Code laid down penalties for acts of discrimination based on sexual orientation. However, in the absence of specific protection laws and policies, LGBTI persons could not effectively access their rights.
Right to health
48. The United Nations in Nicaragua said that […] there were also a number of challenges to overcome, such as improving access to information, education and sexual and reproductive health services, particularly for adolescents and young persons, women, LGBTI persons, and persons living in rural areas and autonomous regions.
IV. References to SOGIESC issues during the Working Group review
76. Norway congratulated Nicaragua on the ratification of ILO Convention No. 169 and increased respect for lesbian, gay, bisexual and transgender rights.
101. The United Kingdom encouraged Nicaragua to raise awareness of abuse against vulnerable groups, and legislate on the rights of lesbian, gay, bisexual, transgender and intersex people.
104. With regard to the situation of the lesbian, gay, bisexual, transgender and intersex community, the delegation remarked that the Criminal Code did not criminalize the concept of hate, but instead criminalized discrimination. Discrimination based on sexual orientation was considered an aggravating circumstance. In Nicaragua, very few cases involving deaths of lesbian, gay, bisexual, transgender and intersex people had occurred and none of them had been considered hate crimes. The perpetrators in those cases had been prosecuted in accordance with the Criminal Procedure Code. No defender of the rights of sexual diversity had ever been disturbed in the exercise of his or her work.
105. The Special Prosecutor for the Right to Sexual Diversity ran a five-year training strategy on the right to sexual diversity for government officials, mainly members of the National Police, the judiciary and the Ministry of Education.
V. Conclusions and/or recommendations
Nicaragua accepted the following recommendations:
114.34. Continue with the measures aimed at combating stereotypes and discrimination suffered by lesbian, gay, bisexual, transgender and intersex persons (Argentina);
116.14. Continue the increased respect of the rights of lesbian, gay, bisexual and transgender people and ensure the approval of an inclusive Family Code respectful of the right to gender identity and sexual orientation (Norway).
VI. Further information
You will find all documents relating to Nicaragua’s second review at UPR-Info and OHCHR’s websites.