A/HRC/14/37
powers of State to coordinate, since this decision would override each one’s competency. It
suggested that Nicaragua should assign more resources to develop public policies on
sustainable land use and to promote food production. It highlighted the fact that the
privatization of social security affected those over 60 years of age. It recognized that a lack
of resources and drug trafficking threatened the well-being of the population in detention,
and invited Nicaragua to continue to combat this scourge.
266. The World Organization against Torture, in a joint statement with the International
Federation for Human Rights, referred to procedures lacking transparency, which had led to
the electoral fraud in 2008 and remained in place in the 2010 elections, and would
jeopardize the 2011 elections. It had also noted a presidential decree of January 2010 that,
contrary to the Constitution, sought to keep the magistrates of the Supreme Electoral
Council whose term of office ended in place, and which gravely affected the independence
of the judiciary. It expressed its support for recommendations on the respect of rule of law,
including the current Constitution, which prohibited the continuing re-election of the
President. The State continued to discredit human rights defenders, and even encouraged
new forms of aggression against them. It also stated that violence against women continued,
noting Nicaragua’s refusal to allow therapeutic abortions despite the recommendations of
four treaty bodies and more than 30 universal periodic review recommendations.
267. Madre, Inc. noted that the law prohibiting abortion could not be declared
unconstitutional since the Supreme Court of Justice had itself been formed illegally. It
noted that two lawyers whose terms of office had expired were still in the Court, a situation
backed by an illegal Presidential decree. These illegal actions had been imposed through
threats and intimidation, without any kind of investigation into the events. Madre, Inc.
requested that the Special Rapporteur on the independence of judges and lawyers
investigate the matter.
268. Amnesty International welcomed Nicaragua’s immediate support for 68
recommendations, including those to uphold freedom of expression, assembly and
association, and to ensure that human rights defenders work without harassment and that
national laws comply with international human rights obligations. The total ban on
abortions had been introduced in 2006, and subsequently enforced by the new criminal law
introduced in 2008. Amnesty International expressed disappointment that Nicaragua was
unable to support consistent calls for the repeal of the ban by treaty bodies and at the
universal periodic review. It noted that, so long as the ban remained in place, victims of
rape and incest would be subjected to health risks and imprisonment if they sought legal
abortions. Furthermore, medical professionals fearful of prosecution would delay or deny
life-saving medical treatment to women and girls who suffered complications during
pregnancy. It urged Nicaragua to work to build support for changing legislation over time at
the national level.
269. The International Save the Children Alliance welcomed the ban on corporal
punishment. It regretted that the Government had limited its focus on child victims of rape,
resulting in forced pregnancies. It expected the Government to allocate more resources to
the education sector and to provide rehabilitation and education opportunities for street
children. It urged sustained investment in education to achieve universal basic education. It
welcomed the support for the follow-up to and strengthening and implementation of plans
for combating poverty. It urged the Government to double its efforts to create decent jobs,
in order to reduce migration and the risk of abandonment resulting in child exploitation. It
welcomed the acceptance of recommendations on strengthening and impartiality of the
ombudsman.
270. Action Canada for Population and Development, in a joint statement with Ipas,
noted that the ban on therapeutic abortions continued, despite the recommendations of
human rights bodies and those made during the universal periodic review. The law
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