UNITED NATIONS

 

CCPR

International covenant on civil and political rights

 

Distr.

GENERAL

CCPR/C/NIC/CO/3

12 December 2008

ENGLISH Original:  SPANISH

HUMAN RIGHTS COMMITTEE Ninety-fourth session Geneva, 13-31 October 2008

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

Concluding observations of the Human Rights Committee

NICARAGUA

1.       The Committee considered the third periodic report of Nicaragua (CCPR/C/NIC/3) at its 2577th and 2578th meetings (CCPR/C/SR.2577 and 2578), held on 17 October 2008, and adopted the following concluding observations at its 2594th meeting (CCPR/C/SR.2594), held on 29 October 2008.

A.  Introduction

2.       The Committee welcomes the third periodic report of Nicaragua, while observing that the report was submitted more than 15 years late. The report gives detailed information on legislation recently adopted by the State party and on its forthcoming legislative plans. The Committee expresses its thanks for the written responses to the list of issues, and for the responses given orally by the delegation. It also congratulates the State party on its submission of a core document in conformity with the harmonized guidelines on reporting under the international human rights treaties (HRI/CORE/NIC/2008).

B.  Positive aspects

3.       The Committee welcomes the ratification, by Decree No. 122 of 11 September 2008, of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty.

4.       The Committee notes the adoption in 2004 of the Organization Act on the Judiciary and accompanying regulations, and the adoption in June 2008 of the Judicial Career Act and accompanying regulations.

5.       The Committee applauds the ratification in August 2008 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

6.       The Committee hails the creation, pressed for by the Supreme Court of Justice in coordination with the Organization of American States (OAS), of the system of judicial facilitators. This is a programme making it easier for citizens, women in particular, to have access to justice.

7.       The Committee also welcomes the adoption of the Code of Criminal Procedure aimed at improving the administration of justice.

8.       The Committee notes with interest of the establishment by Act No. 212 of 1996 of the Office of the Procurator for the Protection of Human Rights, functioning as a commission of the National Assembly for the promotion, protection and safekeeping of constitutional guarantees. It also welcomes the introduction of special procurators for children and adolescents, for women, for indigenous peoples and ethnic communities, for persons with disabilities, for persons deprived of their liberty and for civic participation.

C.  Chief matters of concern and recommendations

9.       The Committee is concerned at the absence of specific penalties for trafficking in and the sexual exploitation of women and children, and the fact that women and children are trafficked for sexual exploitation purposes in the State party (arts. 3, 8 and 24).

The State party should step up efforts to combat the trafficking of women and children and, in particular:

          (a)     Explicitly make trafficking in and the sexual exploitation of women and children criminal offences;

          (b)     Ensure that punishment commensurate with the gravity of the offences is inflicted upon anyone who exploits women and children for such purposes;

          (c)     Maintain its efforts to make the general public aware of the criminal nature of the sexual exploitation of women and children;

          (d)     Arrange training courses for the competent authorities;

          (e)     Protect and assist the victims of sexual exploitation.

10.     While the Committee welcomes the adoption on 14 February 2008 of the Equal Rights and Opportunities Act, No. 648, which sets the objective of promoting equality between men and women in the enjoyment of civil and political rights, among others, it regrets that the proportion of women in the civil service remains low (arts. 3, 25 and 26).

The State party should meet the targets set in this respect in the Equal Rights and Opportunities Act, taking action in particular to ensure that more women are present at the most senior levels of the civil service.

11.     The Committee expresses its concern at the discrimination women face in the workplace, including access to employment and wage differentials (arts. 3 and 26).

The State party should intensify its efforts to combat discrimination against women in employment matters, guaranteeing, inter alia, equal access to employment and equal pay for equal work.

12.     While the Committee notes the approval of a standard operating procedure for handling of cases of domestic abuse and sexual aggression, it is concerned at the increase in recent years in killings of women arising from gender violence and domestic and sexual violence in particular. It is also concerned that attackers appear to go unpunished (arts. 3 and 7).

The Committee urges the State party to take immediate steps to put a halt to killings of women and, in particular:

          (a)     Conduct investigations and punish their attackers;

          (b)     Allow the victims of gender violence effective access to justice;

          (c)     Provide police protection for victims, and set up shelters where victims may live in dignity;

          (d)     Maintain and promote opportunities for direct participation by women, both nationally and locally, in decision-taking on matters related in particular to violence against women, and ensure that women participate and are represented in civil society;

          (e)     Take steps to prevent and warn against gender violence, such as giving police officers, particularly those in the police units for women, training on women’s rights and gender violence.

The Committee would be grateful to receive detailed information in the next periodic report regarding the progress made in combating gender violence.

13.     The Committee notes with concern the general ban on abortion, even in cases of rape, incest and, apparently, pregnancies threatening the life of the mother. It is also concerned that the law authorizing therapeutic abortion in such circumstances was repealed by Parliament in 2006 and that, since the introduction of the ban, there have been various documented cases in which the death of a pregnant woman has been associated with a lack of timely medical intervention to save her life such as would have taken place under the legislation in force before the law was revised. The Committee also notes with concern that the State party has not clarified in writing that medical professionals can follow the Standard Operating Procedures for Dealing with Obstetric Complications without fear of criminal investigation or prosecution by the State party (arts. 6 and 7).

The State party sh