A/HRC/51/47
56.
In the presentation 44 of her March 2022 report to the Human Rights Council
(A/HRC/49/23, paras. 45–52), the High Commissioner for Human Rights urged the repeal of
the legislation unduly restricting the civic and democratic space. In her reply during the
dialogue, the Deputy High Commissioner for Human Rights 45 noted that OHCHR had
received reports about Nicaraguans choosing not to communicate with the United Nations
due to fear of reprisals against them and their families. She called on authorities to cease,
publicly condemn, and sanction any attack or harassment against political activists,
journalists, and human rights defenders, including those who cooperate with the United
Nations, and their families.
57.
In March 2022, the Human Rights Council adopted resolution 49/3 on the promotion
and protection of human rights in Nicaragua condemning all acts of intimidation and reprisal,
both online and offline, by State and non-State actors against individuals and groups who
seek to cooperate or have cooperated with the United Nations. The Council called upon the
“Government to prevent, refrain from and publicly condemn, investigate and punish any acts
of intimidation or reprisal for cooperation with the United Nations” (A/HRC/RES/49/3).
58.
According to information received by OHCHR, Ms. Christy Melissa Martínez, a
young student leader and women human rights defender, was subject to intimidation and
surveillance following her engagement with UN human rights mechanisms on the arbitrary
detention of Mr. John Christopher Cerna Zuñiga, also a student leader and a human rights
defender. Between April and October 2021, Ms. Martínez shared information with mandate
holders, including the Special Rapporteur on the situation of human rights defenders and the
Working Group on Arbitrary Detention on the detention, sentencing, and ill-treatment of Mr.
Cerna Zuñiga. In May and June 2021, mandate holders addressed allegations about Mr. Cerna
Zuñiga’s situation (NIC 3/2021).46 Following her interactions with the UN, Ms. Martinez’s
reportedly experienced restrictions to visit Mr. Cerna Zuñiga, including a request by prison
staff to sign documents committing not to share with international organizations the
information she obtained during the visits. Her apartment was searched, and she was followed
and intimidated by police officers. Ms. Martinez relocated within the country for a few
months and, in October 2021, left Nicaragua fearing for her safety.
16.
Rwanda
59.
On 5 November 2021, mandate holders addressed allegations of intimidation and
harassment by government officials against Mr. Noël Zihabamwe and individuals
associated with him following his engagement with the United Nations Working Group on
Enforced and Involuntary Disappearances to establish the fate and whereabouts of his
brothers, Mr. Antoine Zihabamwe and Mr. Jean Nsengimana (RWA 2/2021). Mr.
Zihabamwe is a Rwandan human rights defender based in Australia and founder of the
African Australian Advocacy Centre.
60.
While Mr. Zihabamwe has allegedly faced numerous threats and intimidation from
Rwandan government officials in the past, mandate holders expressed concern that the latest
acts of intimidation appear to be related to the filing, on 4 June 2021, of complaints of
enforced disappearance with the UN Working Group about his two brothers. The filing of
the complaints was reported by Australia media and echoed by a Rwandan newspaper that
allegedly portrayed Mr. Zihabamwe as being involved with Rwandan Alliance for National
Pact (RANP), which the Government has labelled as a terrorist organisation. Furthermore,
between 18 and 21 June 2021, several individuals associated with Mr. Zihabamwe were
interrogated by the Rwanda Investigation Bureau, were refused medical treatment, and
threatened and evicted from their homes. The Working Group transmitted the two cases to
the Government of Rwanda on 15 October 2021 (RWA 2/2021).
44
45
46
28
https://www.ohchr.org/en/statements/2022/03/annual-report-united-nations-high-commissionerhuman-rights-situation-human.
https://media.un.org/en/asset/k1s/k1sk8m7sc5.
https://www.ohchr.org/es/2021/06/nicaragua-un-expert-deplores-spate-attacks-and-arrests-humanrights-defenders.