IACHR concludes visit of the Special Follow-Up Mechanism for Nicaragua to Costa Rica

May 31, 2024

Washington, D.C.- The Inter-American Commission on Human Rights (IACHR) conducted a working visit to Costa Rica from May 19-21, 2024, to hold meetings with the Nicaraguan diaspora and, in particular, to monitor the situation of indigenous and Afro-descendant people from the Caribbean Coast of Nicaragua, who have been forced to flee to Costa Rica as a result of increased repression and violence in their ancestral territories.

The delegation of the Special Follow-up Mechanism for Nicaragua (MESENI) was led by Commissioner Arif Bulkan, Rapporteur for Nicaragua and for the Rights of Indigenous Peoples, with the support of specialists from the Executive Secretariat. The IACHR is grateful for Costa Rica's openness to this visit, the support of the Institute on Race, Equality and Human Rights and the Fundación del Río, as well as to all the individuals and organizations with whom it met. The information received will be included in the thematic report on the situation of violence against indigenous and Afro-descendant peoples of the Caribbean Coast of Nicaragua that the IACHR is preparing.

During the visit, the delegation held a protocol meeting with authorities from the Ministry of Foreign Affairs, the Vice Ministry of Peace, the Presidential Commissioner for Social Inclusion, the General Directorate of Migration and Alien Affairs, and the Ministry of Public Security. The delegation traveled to Alajuelita and La Carpio, where it held meetings with indigenous and Afro-descendant Nicaraguans in a situation of human mobility, as well as Nicaraguan civil society organizations.

The Commission received information on the serious situation of violence faced by indigenous and Afro-descendant peoples on the Caribbean Coast of Nicaragua, such as murders, kidnappings, threats, sexual violence and armed attacks perpetrated by settlers seeking to dispossess them of their ancestral territories. Also, the imposition of governments parallel to traditional authorities and the impact of concessions to private companies on their natural resources. These facts, framed in a historical context of marginalization, exclusion and exacerbated violence since 2018, have resulted in the forced migration of communities.

Information was also received on the historical openness of the Costa Rican government to the migration situation in the country, as well as the implementation of programs to prevent discrimination and xenophobia. At the same time, the Commission received information on the current challenges faced by people in terms of access to refugee procedures and social rights such as work, health, housing and education, as well as the need for greater openness and sensitivity, with a differentiated approach in relation to vulnerable groups and people with special needs.

The IACHR appreciates the efforts of the State of Costa Rica to receive Nicaraguans in a situation of human mobility. At the same time, it reiterates its call to ensure the human rights of these persons, such as the right to seek refuge, non-refoulement, non-discrimination, and justice. It also stresses the importance of guaranteeing economic, social and cultural rights from the moment people request recognition of their refugee status or other forms of international protection and underscores the need to ensure that the lack of identity documents does not impede the full exercise of these rights.

Finally, the Commission calls on the States to adopt a regional response based on shared responsibility that comprehensively addresses the factors that generate the forced migration of Nicaraguan persons and which responds to their protection needs. This should cover access to refugee application procedures, the efficient management of processes and the implementation of complementary protection. The Commission also urges the international community to support Costa Rica to effectively implement the principles of solidarity and international protection.

The IACHR is a principal, autonomous body of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.

No. 121/24

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