A/HRC/14/3
24.
In Nicaragua, everyone was equal before the law and had the right to equal
protection by the law. The new criminal code defined and criminalized discrimination as an
offence. Nicaragua was multi-ethnic in nature, and the State recognized the existence of
indigenous peoples, who were entitled to the rights sets out in the Constitution. The State
had enacted a communal property law for indigenous peoples in the autonomous regions of
the Atlantic coast, the development of which was part of the national development plan and
a major pillar in its strategy.
25.
In order to ensure the implementation of the plan, the Government had
institutionalized a development secretariat for the Atlantic coast that is responsible for
coordinating autonomous regional councils with national ministries. In 2009, the State had
restored to two indigenous communities of the Caribbean their right to ancestral lands,
granting 12 land titles that represent 12.8 per cent of the national territory, benefiting 152
indigenous and Afro-descents communities comprising 58,000 people. In the rest of the
country, the State had handed over 56,868 title deeds, restoring lands rights to more than
262,562 people.
26.
Nicaragua had ratified the Convention on the Rights of Persons with Disabilities and
the protocol thereto. The law on the prevention and rehabilitation of people with disabilities
was being reformed to bring it into line with the Convention. In 2008, Parliament had
adopted the law for the protection of the rights of persons with mental illnesses. Nicaragua,
in solidarity with Cuba, was implementing through public health centres a care programme
for these groups called “All of us with you”.
27.
The new criminal code had decriminalized sexual relations between persons of the
same sex and thus provided for the right to free sexual orientation. The Office of the
Prosecutor for the Defence of Human Rights had recently appointed a special prosecutor for
sexual diversity.
28.
The Constitution recognized the right to freedom of association without
discrimination and the right to freedom of expression in public and private, individually and
collectively. In Nicaragua, all citizens enjoyed full freedom of expression. There is no
censorship of any type. A law guaranteed access for all to public information. State
institutions, through the Office of Coordination of Public Information, guaranteed
implementation and compliance with the law.
29.
The Government took this opportunity to denounce the media campaign against the
Government of Nicaragua by owners of media and opposition political parties; for example,
during the visit of the Special Rapporteur on the right to food, his statements were
subjected to manipulation and censorship by the media, which prompted the United Nations
to publicly rectify the information.
30.
Nicaragua had a model of media ownership that allowed for the existence of smalland medium-sized owners, with full freedom of expression and no censorship. There were
340 radio broadcasts and more than 70 television channels and cable companies. were are
more than 20 press publications in circulation, including newspapers and magazines, as
well as electronic publications.
31.
Regarding abortion, legal amendments reflected the exercise of sovereignty, and had
been adopted by the parliamentary majority in the national assembly. This was clearly an
issue of sovereignty, not a religious one. The majority of Nicaraguans believed that the
right to life of the unborn was important. Those who opposed the amendment could seize
the courts; in fact,many cases had been brought before the Supreme Court to challenge the
constitutionality of the amendment, remedies which were still pending. Medical staff were
not forbidden to provide medical care when the life of the mother was in danger.
6
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