América Central: El derecho ante democracias desafiadas

On 24 April 2022, Nicaraguan National Police officers raided the premises of the Organization of American States (OAS) in Managua. After confiscating all documents at the premises, Nicaragua’s foreign secretary called the OAS a “diabolic instrument” on live TV and announced Nicaragua’s immediate and definitive withdrawal from all OAS organs. Nicaragua had already submitted its withdrawal to the OAS in November 2021. However, the withdrawal was only to take effect after a two-year period in 2023. The raid has further aggravated tensions between the Nicaraguan government and the OAS which have built up in the aftermath of last year’s election. Against this backdrop, this blogpost develops a threefold argument: It lays out that the withdrawal prima facie does not meet democratic requirements set by the Inter-American Court, it details that the raid was a blatant violation of international law and lays out the continuing obligations of the Nicaraguan State in the Inter-American system.

Elections are a fundamental pillar of democracy, but they are also organized in non-democratic contexts. This is the case in Nicaragua, where presidential elections will be held on the 7th of November. The question is: what role will they play?

In a context of denial of free political participation, it is possible to foresee, in the first place, a 'self-proclamation' of Ortega as the winner of the elections. With him comes the closed circle of a political elite with financial resources that could play a key role in support of the president. Second, the elections will endorse the 'self-legitimization' of the president's fourth consecutive term. This, in turn, will imply impunity for state agents and civilian bodies acting with governmental blessing who, since 2018, have been accused of serious human rights violations and even crimes against humanity. Third, the defamation and criminalization of the opposition and human rights defenders is combined with a 'self-isolation' of Nicaragua with respect to the Inter-American Human Rights System (IAHRS).

With an "indeclinable manifesto", the Nicaraguan government presented on November 18, 2021, its denunciation of the Charter of the Organization of American States (OAS). This decision brings as a consequence the separation from the values and principles of the organization. However, the obligations of the State of Nicaragua persist at both the national and regional levels. Also, the Advisory Opinion OC 26-20 by the Inter-American Court (IACtHR) highlights that in cases of denunciation five courses of action may be activated, among them, the investigation and prosecution of serious human rights violations, the guarantee of rights related to the refuge, and the granting of asylum, and the activation of bilateral relations.

On 24 April 2022, Nicaraguan National Police officers raided the premises of the Organization of American States (OAS) in Managua. After confiscating all documents at the premises, Nicaragua’s foreign secretary called the OAS a “diabolic instrument” on live TV and announced Nicaragua’s immediate and definitive withdrawal from all OAS organs. Nicaragua had already submitted its withdrawal to the OAS in November 2021. However, the withdrawal was only to take effect after a two-year period in 2023. The raid has further aggravated tensions between the Nicaraguan government and the OAS which have built up in the aftermath of last year’s election. Against this backdrop, this blogpost develops a threefold argument: It lays out that the withdrawal prima facie does not meet democratic requirements set by the Inter-American Court, it details that the raid was a blatant violation of international law and lays out the continuing obligations of the Nicaraguan State in the Inter-American system.