Nicaragua

SUMMARY OF CONCLUSIONS

1. Though Nicaragua contributes little to climate change, the country is already experiencing disproportionate impacts from global warming. Rising sea levels and increasingly intense and frequent natural disasters threaten the Nicaraguan people directly. We commend Nicaragua’s continued commitment in decreasing its own carbon footprint and suggest channeling efforts into addressing ongoing effects of this climate crisis—one largely created by other nations.

2. Climate change is likely to exacerbate economic and social inequalities in Nicaragua in the coming years. Just since 2019, Nicaragua’s Freedom Score has declined 13 points–from 32[1] to 19.[2] Concerns about access to democracy, liberty, and political representation substantially drove these changes.[3] Furthermore, populations already most excluded from the system are also those most vulnerable to the effects of climate change. It is essential that future climate efforts include the voices of vulnerable populations and amplify their interests.

3. Nicaragua’s integration of environmental protection into its Constitution and participation in international climate protection projects are commendable.

4. The international accountability framework in Nicaragua needs support from all sides. Nicaragua’s assessment of bias against it from international institutions is worthy of consideration. Nonetheless, we urge Nicaragua to reconsider its decision to leave the Organization of American States (OAS) and to continue to engage in good faith with regional and international institutions, even while seeking reform of such mechanisms and/or complementary mechanisms designed to protect the equal rights of the Nicaraguan people in the international order.

CLIMATE CHANGE

Impact of Climate Change

Natural Disasters

5. Hurricanes and tropical storms are expected to continue growing in intensity and frequency. In 2022, the impact zones of hurricanes hitting Nicaragua were notably wide and caused severe, cascading damage.[4] Mass flooding, nearly one hundred landslides, and damage to already overburdened infrastructure like regional hospitals followed.[5] With less time between severe storms, Nicaragua will struggle to keep pace with rebuilding efforts, let alone make progress towards more sustainable, equitable infrastructure.

6. Climate change is increasing the frequency of El Niño and La Niña events. As a product of human-accelerated climate change, in addition to La Niña storms above, warmer and more extreme El Niño events are increasing in frequency from every twenty years to every ten.[6] At least 50% of crops were affected by El Niño-driven drought conditions in Nicaragua in 2023.[7] Extremely high temperatures have decreased the availability and affordability of crops, fish, and livestock and led to decreased water levels in reservoirs, rivers, and groundwater.[8] Warming conditions will continue to threaten the enjoyment of a variety of human rights, including the right to life, the right to adequate food and water, the right to a clean, healthy and sustainable environment, and the right of self-determination as territory and resources become degraded and lost from climate change impacts.

Industry

7. Much of Nicaragua’s economy is linked to climate-sensitive activities. One-third of the country’s GDP is linked to the agriculture, timber, and fishery sectors.[9] Despite the threat warmer temperatures and rising sea levels pose to agriculture and fishery in particular, growth rates in these sectors have rebounded since the last UPR period. Increased reliance on these activities may leave the country exposed to economic instability as the effects of climate change become more pronounced, especially in poor, rural regions where these activities tend to be concentrated. Furthermore, the combination of a warming planet and government adaptation efforts (such as preventing deforestation) will make access to resources scarcer. This could lead to settlers continuing to raid Indigenous lands with impunity unless the government steps up its protection of Indigenous rights.

Conflict Over Land and Resources

8. The complicated relationship between environmental protection and resource conflicts is becoming more pronounced. As the government protects forests from deforestation, an admirable goal for mitigating climate change, timber and other related resources have become scarcer. The impacts of settler-colonialism have serious implications on Indigenous self-determination, including the loss of historic lands, territories and resources used by Indigenous Peoples in Nicaragua.[10] As resources become scarcer and are threatened or lost from climate change impacts, these conflicts will likely persist; environmental protection initiatives must not be blind to possible consequences on vulnerable communities.

Nicaragua’s Contribution to Climate Change

9. Nicaragua’s contributions to global emissions are negligible despite the high costs of climate change felt in the region. Nicaragua’s share still represents only 0.01% of global CO₂ emissions annually.[11] On a per capita basis, the average Nicaraguan emits 0.8 tons of CO₂ per year, dwarfed in comparison to the United States’ figure of 14.9 tons.[12]

Nicaragua’s Climate Change Policies

10. We applaud Nicaragua for prioritizing climate change management at the national level. In 2022, the National Climate Change Policy was passed by presidential decree. The policy identifies vulnerable systems and ecosystems, sources of emissions, and gives general guidance on how to manage the effects of a changing climate.[13] It also created the Secretariat of Climate Change of the Presidency of the Republic (SCCP) to serve as the policy’s executing arm.[14]

11. We applaud Nicaragua for surpassing its renewable energy goals. The nation’s 2018 Nationally Determined Contribution proposal aimed for 60% of the installed electrical capacity to be renewable by the year 2030; in 2020, the goal was increased to 65%.[15] As of February 2024, 68% of the installed electrical capacity was officially renewable.[16] This shift is especially beneficial as the renewable energy on which Nicaragua depends, like sugarcane biofuel, is up to 80% cheaper than fossil fuels–Nicaragua’s energy is not only becoming cleaner, but also more accessible to impoverished and rural citizens. We encourage Nicaragua to continue to promote such policies as means of protecting and fulfilling the right to a clean, healthy, and sustainable environment in Nicaragua.

12. We commend Nicaragua for its willingness to collaborate with the international community on climate policy and implementation. Nicaragua was one of the earliest countries to ratify the Escazú Agreement, which went into effect in 2021. The Agreement is the only one of its kind to include direct participation from the public via elected representatives, which is a significant step forward for ensuring the environment and the rights of its defenders are protected.[17] Nicaragua also participates in international projects, like reforestation with the Green Climate Fund, though some projects have had adverse consequences.

13. Nicaragua is a leader in climate prioritization in Central America and beyond. 2014 amendments to its Constitution also extensively outline the importance of maintaining a healthy environment and protecting ecosystems to the “good life of the community[18]” in its central governing document.

DIPLOMACY

14. Nicaragua’s withdrawal from the Organization of American States (OAS) is cause for concern. In November 2021, Nicaragua began the two-year process of withdrawing from the OAS after citing its growing impatience with what it perceives as a history of the body alleging rights violations and intervening in Nicaragua as an “instrument” of the USA’s “decadent and hegemonic government.”[19] While the OAS has no enforcement arm, the withdrawal does mean investigations into rights violations in Nicaragua will be more difficult. We encourage Nicaragua to reconsider this withdrawal.

15. Importantly, Nicaragua is still beholden to the many obligations in the OAS charter and rights-based treaties it has ratified. Nicaragua has ratified most significant rights-based treaties, including the American Convention on Human Rights, with a notable exception being the Convention for the Protection of All Persons from Enforced Disappearance.

16. Diplomatic ties with European countries, as well as the United Nations (UN), have grown strained. Nicaragua broke diplomatic ties with the Netherlands after the latter withdrew financial contributions to hospital construction in the former, citing human rights violations.[20] In 2023, Nicaragua continued to object to the UN’s oral update mechanism, describing it as politically biased and lacking objectivity.[21]

17. Other countries are vulnerable to Nicaragua’s influence. In 2022, Nicaragua’s former Ambassador to the OAS warned that the country is becoming a model for authoritarians in Central America.[22] Because international collaboration is imperative to addressing climate change, preserving relationships with international bodies and with all countries, and acting in solidarity, must be a priority. We encourage Nicaragua to continue to engage in dialogue with the OAS and other international institutions, just as such institutions must also engage in dialogue with Nicaragua.

DEMOCRACY

18. Nicaragua’s 2023 Global Freedom Score has declined since the last UPR cycle, from 32/100 in 2019 to 19/100 in 2023. The most significant decreases were related to Electoral Process, which fell by 3 points, Freedom of Expression, which fell by 6 points, and Rule of Law, which fell by 2 points.

19. Nicaragua’s Electoral Process Freedom Score was 0/16 in 2023. In 2022, Daniel Ortega was inaugurated into his fourth consecutive term as president. The Law in Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace (the “Sovereignty Law”) has frequently been exercised to detain opposition candidates across the country and ban them from holding public office. Cristiana Chamorro Barrios, for example, was sentenced to eight years after running for president in 2021.

20. Nicaragua’s Freedom of Expression Score was 2/16 in 2023. The decline over the last four years was driven in large part by escalating crackdowns on church leaders, the closure of three student associations and eight private universities, and the imprisonment of those expressing political opposition to the Ortega government.[23]

21. Nicaragua’s Rule of Law Score was 2/16 in 2023. The country lacks an independent judiciary, further endangering opposition voices as trials of political prisoners can take place on accelerated timelines, out of sight of watchdogs. Furthermore, though there are laws in place to protect the civil liberties of some minority communities, the government seldom enforces such laws.[24]

HUMAN RIGHTS VIOLATIONS

Indigenous Rights

22. Indigenous Peoples are politically underrepresented in Nicaragua, despite the fact that decisions around critical issues like land rights and conservation are critical to their rights and liberties. We encourage Nicaragua to implement policies to protect and promote Indigenous Peoples in national decision making and in decisions that impact Indigenous self-determination.

23. We commend Nicaragua for ratifying the Escazú Agreement, which specifically describes the rights of Indigenous Peoples in receiving/requesting environmental information.

24. The government is failing to protect its Indigenous Peoples. Non-indigenous settlers have committed numerous massacres against Indigenous Peoples in recent years, including against the Mayangna Indigenous People, whose villages have been raided and massacred at least four times since 2020, despite warning signs and requests for protection.[25]

25. Violence against Indigenous Peoples is accelerated by land conservation projects that overlook their voices. A $115 million 2020 Green Climate Fund (GCF) project meant to reduce deforestation in the Caribbean Region was put on hold after investigations determined that the project would exacerbate settler attacks on Indigenous Peoples and lands.[26] Project leaders failed to carry out due diligence on conflict risks or consult with Indigenous communities before it was approved. Like all States, Nicaragua is obligated to obtain the free, prior and informed consent (FPIC) of Indigenous Peoples impacted by development projects.

26. The importance of protecting Indigenous land extends to the protection of cultural identities. In the 2022 decision Billy et al. v. Australia, the UN Human Rights Committee recognized that “environmental harm can lead to violations of fundamental human rights, given. . .the strong cultural and spiritual link between indigenous people and their traditional lands.”[27] In the Sarayaku decision, the Inter-American Court of Human Rights also affirmed that the cultural integrity of Indigenous Peoples is a fundamental right. We encourage Nicaragua to implement the letter and spirit of these decisions in Indigenous policies. Climate adaptation measures, like the GCF project, must be assessed in this light. So too must illegal settlements.

Sexuality and Gender Equality

27. LGBTQ+ political prisoners in Nicaragua are tortured more severely if the torturers learned about the prisoners’ sexual orientation or gender identity.[28] A 2020 report also showed some transgender women were kidnapped and beaten by law enforcement, held in men’s prisons for up to a year, and assaulted.

28. Indigenous women face persecution through their intersectional gender, ethnic, and cultural identities. When settlers massacred 13 Mayangnas people on August 21, 2021, they also raped at least two women.[29] Access to justice through the Nicaraguan legal system continues to stall.

29. We commend Nicaragua on the strides it has made in representing the voices of women in government. In 2021, 48.4% of parliamentary seats were held by women.

30. The Nicaraguan Ambassador to the UN Committee on the Elimination of Discrimination Against Women (CEDAW) withdrew from the public review of Nicaragua’s periodic country reports in 2023. After delivering a brief statement containing what the Committee called “baseless allegations,” the Ambassador left the session and the review continued in her absence.[30] The last dialogue between the Committee and Nicaragua occurred 16 years ago, and the relationship between the two is hindering constructive conversations to address gender equality in the latter.

31. Abortion continues to be fully illegal in Nicaragua. The combined effects of a changing climate and the abortion ban will be felt most profoundly by those already marginalized, including rural and Indigenous pregnant-capable persons.

Emigration

32. As of December 2023, about 22% of Nicaragua’s population now lives outside of the country. At least 300,000 people left Nicaragua last year alone.[31] Economic migrants have now been joined by asylum seekers in the wake of democracy concerns after the 2021 elections, as well as anti-government protests.[32] A significant number sought asylum in Costa Rica, a country that also bears a heavy climate burden.

33. Climate-induced displacement is already occurring in Nicaragua and will likely accelerate. In 2022, 16,000 Nicaraguans were internally displaced due to natural disasters like Hurricane Julia.[33] Also included in estimates of emigrants seeking economic opportunities are people engaged in climate-sensitive industries who are seeing less year-to-year profit or subsistence. Though emigration did provide for a record $4 billion in remittances to Nicaragua in 2023, the human and cultural loss of displacement is being increasingly recognized.[34]

RECOMMENDATIONS

34. Recommit to relationships with international collaborative bodies. We commend Nicaragua for calling attention on US and European biases and calling for changes in international mechanisms to the benefit of all nations. We further recommend Nicaragua begin the process of rejoining the OAS and participate in CEDAW public review.

35. Sign and ratify the Convention for the Protection of All Persons from Enforced Disappearance. Amid allegations of disappeared political prisoners, Nicaragua must commit to transparency and recognize its obligation to uphold the rights of all citizens.

36. Appoint Indigenous People to positions of power, including but not limited to the SCCP. Nicaragua must center Indigenous and otherwise marginalized people in its climate efforts to best unify protections of human rights and the environment. We commend the government on its conservation efforts, and encourage active engagement with Indigenous communities.

37. Include mitigation efforts in future climate plans. We commend Nicaragua for its comprehensive National Climate Change Policy. It provides a strong baseline for adaptation efforts. Still, it is imperative that resources are channeled into mitigating the effects of climate change that vulnerable communities are already experiencing.

38. Mitigation strategies must include actively enforcing protections of Indigenous Peoples and lands. Settler encroachment and violence is a constant and escalating concern. Officials must heed the voices of indigenous activists calling for the removal of illegal settlers from indigenous lands and engagement with communities to receive free, prior, and informed consent for projects, including conservation efforts, on their lands.[35]

39. Aim for 75% renewable electric capacity by 2030. As a regional and global leader in clean energy, Nicaragua should continue to set an example for quick and efficient strides towards renewable, as well as accessible, energy.

[1] https://freedomhouse.org/country/nicaragua/freedom-world/2019

[2] https://freedomhouse.org/country/nicaragua/freedom-world/2023

[3] Ibid.

[4] https://reliefweb.int/report/nicaragua/nicaragua-anticipatory-actions-tropical-storms-dref-ndeg-mdrni012-final-report

[5] https://reliefweb.int/report/nicaragua/nicaragua-anticipatory-actions-tropical-storms-dref-ndeg-mdrni012-final-report

[6] https://research.noaa.gov/2020/11/09/new-research-volume-explores-future-of-enso-under-influence-of-climate-change/

[7] https://reliefweb.int/report/nicaragua/latin-america-caribbean-weekly-situation-update-10-october-2023

[8] Ibid.

[9] https://www.climatelinks.org/resources/climate-risk-profile-nicaragua

[10] https://www.tandfonline.com/doi/full/10.1080/03066150.2022.2161372

[11] https://www.iea.org/countries/nicaragua .

[12] https://ourworldindata.org/co2/country/nicaragua?country=NIC~USA