Isadeleyn Martinez – UAB Institute for Human Rights Blog

The Future of Trees in the Amazon and the World

If someone offered to pay you to keep trees thriving in your backyard, would you take the deal? This is the new idea proposed by Brazil to tackle climate change, starting with trees.

Prioritizing environmental sustainability has been a challenge in Brazil over the past few years. In contrast to its predecessor, the new administration has expressed its desire to restore sustainability efforts and implement stronger tree protection policies.

Image 1: Within the Amazon. 27/02/2016. Photo: Valdemir Cunha/Greenpeace. Source: Yahoo Images

Background on the Amazon

Looking back at history, the reasons for implementing financial incentives to protect trees date back to the 1970s. Under a military dictatorship then, Brazil had clear plans to develop and integrate the Amazon into the national economy by increasing agriculture and cattle breeding in the region. To achieve this, the government incentivized people to move and start their own agricultural villages deep within the forest. Following the dream of expanding land and conquering the Amazon, Brazil continued to utilize the forest for economic development by building highways, allowing farmers to settle and work their way into the forest.

The rhetoric of using the Amazon for national economic profit was put on hold when President Luiz Inacio “Lula” da Silva took office in 2003. Then, several steps were taken to protect the Amazon. Little by little, legal protections were put in place, with the help of Marina Silva, who was appointed to the environment ministry in 2003 to set up a plan to deal with deforestation. At the time, only 28% of the forest was protected. Therefore, the government expanded protections by demarcating Indigenous territories, adding reserves where business activity was banned, and increasing the land where nut harvesting and rubber-tapping took place because of their low contamination and impact on the forest. To find a balance between economic profit and sustainability, the environment ministry stretched law protections to 47% of the Amazon. What’s more, the budget for the Brazilian Institute of Environmental and Renewable Natural Resources (IBAMA)—a police agency that investigates people committing illegal deforestation—also increased.

By 2012, Brazil made significant progress towards sustainable solutions. What once was a call of worry by world news over the rapid deforestation shifted to optimism about the Amazon’s recovery. As awareness of the rainforest’s significance grew, so did the public uproar. Luciana Gatti, senior researcher at Brazil’s National Institute for Space Research, emphasized the Amazon’s critical role in absorbing CO2. However, due to deforestation, the Amazon is reaching a turning point where it will emit more carbon than it absorbs. Unfortunately, when Jair Bolsonaro took office in 2019, his policies revived the development-focused rhetoric of the 1970s. Bolsonaro, known for being a critic of environmental protection, rejected the idea that the Amazon is the heritage of humanity, insisting that it belongs to Brazil and to Brazil only.

During the 2018 campaign, Bolsonaro vowed not to designate “one more centimeter” of Indigenous territory. Human Rights Watch puts Bolsonaro’s agenda in perspective. With 241 Indigenous territories awaiting demarcation, illegal logging, mining, and land grabbing in Indigenous lands increased by 137 percent in 2020 compared with 2018. The non-profit Socio-Environmental Institute (ISA) reported that deforestation in Indigenous territories during Bolsonaro’s first three years in office increased by 138 percent compared to 2016-2018. What’s more, the Report Violence Against Indigenous Peoples in Brazil linked high COVID-19 deaths to the government’s poor response and lack of monitoring in the Amazon. As a result of government negligence, invaders committing illegal activities in the area spread the virus through Indigenous villages.

In addition, Bolsonaro’s administration reversed several environmental policies, weakening IBAMA. The agency experienced budget cuts of up to 30 percent from 2019 to 2020 and decreased staff by 55 percent during the same year.

The amazon rainforest is burning as Bolsonaro fans the flames, from orinoco tribune. — Image 2: The Amazon rainforest burning from increased deforestation. Source: Yahoo Images

Overall, indigenous territories became more vulnerable thanks to weakening agencies and relaxed environmental regulations.

The Secretary for Indigenous Peoples Acre State Government, Francisca Arara, continues to emphasize how critical Indigenous people are to preserving the forest and to guard and provide protection services that benefit everyone. Arara also explains that among the helpful laws that have pushed the improvement in deforestation are the jurisdictional programs such as the REDD+ program, the SISA law, and the demarcation of territories, all of which promote sustainable use of land and natural resources, and give Indigenous people autonomy and over spaces they know how to take care of best.

What is the plan?

After a change in leadership, Brazil proposes a fund of $125 billion to pay developing countries for the trees they protect. In other words, it is an incentive to stop deforestation. The Tropical Forests Forever Facility or T.F.F.F would be an investment-based fund, not financed by donations per se. The plan is to follow a bank’s framework: get deposits and reinvest them for a profit. It would look like this: Rich nations and big philanthropies would loan $25 billion to T.F.F.F, which would be repaid with interest.

The money invested would help attract $100 billion from private investors. Then, the fund would reinvest the $125 billion in a portfolio that could generate enough returns to repay investors. The excess would be used to pay for about 70 developing countries based on how much healthy tropical forest they still have. The countries that receive funds would be paid $4 per hectare of land with old-growth or restored trees and would incur a $400 fee for each hectare of forest lost.

Some of the controversies or pushbacks surrounding the project are part of figuring out the program’s logistics: the risk of subjecting the funds to the swings of financial markets, the controls and regulations of how the money will be spent, etc.

The environment as a human right

Recognizing a healthy environment as a human right is a relatively recent development. International agreements, such as the 1989 Convention on the Rights of the Child, acknowledge the importance of a clean and healthy environment for a good standard of living. These agreements emphasize the government’s responsibility to take action against environmental pollution and its risks. According to the UN Committee on Economic, Social, and Cultural Rights, the right to health should be extended to those factors that determine good health, such as access to safe drinking water and sanitation.

However, debates continue regarding how to define and codify into law the rights of nature, as well as challenges of jurisdiction and resource availability and allocation at the local and international levels.

In 2022, the UN declared a healthy environment a human right. While this declaration is not legally binding, it reinforces the notion that a clean and sustainable environment is essential to a dignified standard of living.

A promising approach to addressing environmental degradation is using financial incentives to combat deforestation. This model means hope for developing countries that face a difficult choice between economic growth and ecological conservation. To the greediest, making money over some trees may be tempting. Initiatives like the T.F.F.F seem to be a forward-thinking funding mechanism that could be applied to fund programs and organizations worldwide to solve human rights issues. Encouraging global collaboration on environmental protection promotes the recognition of a healthy environment as a fundamental human right.

Arbitrary Detentions in Venezuela

Imagine being arrested in the middle of the night—no warrant, no explanation. This is the reality in Venezuela, where arbitrary detentions are used as a tool of political repression. As noted in “Behind the Ballot: Corruption, Repression, and Hope in the 2024 Venezuelan Elections,” politically motivated arbitrary detentions have run rampant in the country, years before and after Maduro’s victory was announced on July 28^th by the National Electoral Council (CNE).

What Is Arbitrary Detention?

The United Nations defines arbitrary detentions as the deprivation of personal liberty (inability to leave at will) paired with unfairness, injustice, unpredictability, and a lack of proper legal procedures. Following the definition, Amnesty International also identified the patterns of arbitrary arrest in Venezuela to be: arrest without warrants; enforced disappearance followed by arrest; the use of torture or other cruel, inhuman, or degrading treatment; use of military tribunals; the use of special courts such as courts for terrorism cases; undue delays in investigating times and, subjection to criminal proceedings that make no progress and restrict the persons’ liberty, and retaliation as an aim of detention.

National Bolivarian Police (PNB) arrest student during demonstration — Image 1: National Bolivarian Police (PNB) arrest a student during a demonstration. Source: Yahoo Images

While protests have sparked and died down in the country, organizations such as Amnesty International, Foro Penal, and Observatorio Venezolano de Conflictividad Social have kept track of protests and detainees, documenting their experiences and the violations committed against them. Their websites contain contact forms and question banks to reach out for questions, information, and services.

The ultimate purpose of arbitrary detentions, as determined by these organizations, is to neutralize any perceived threat against the Maduro administration, where criticism is ultimately rejected, censored, and attacked. The key targets are activists, human rights defenders, protesters, and anyone suspected of opposing the government and its policies.

Inside Venezuela’s Institutions

Based on research on the correlation between stigmatization and politically motivated arbitrary detentions carried out by Amnesty International and the stories mentioned previously, both state and non-state actors are behind the detentions: SEBIN, Directorate General of Military Counterintelligence (DGMC), Local police, and armed colectivos. Since 2019, the Bolivarian National Guard (GNB) and the Directorate General of Military National Intelligence (DGCIM) continue to be the first and second main perpetrators of arbitrary detentions, third and fourth places occupied by the Special Action Forces (FAES) of the Bolivarian National Police (PNB) and by the PNB themselves.

As mentioned before, legal institutions continue to be manipulated by the misuse of anti-terrorism and public security laws to justify arrests. As a result, 33.3% of these cases were brought before ordinary courts with criminal justification, 9% before courts with special jurisdiction over terrorism, and 6.6% before courts with military jurisdiction. Lack of judicial independence is not uncommon since there is interference from the executive branch.

At least 60 people arbitrarily detained were prosecuted in special courts with jurisdiction over terrorism in 2019. What’s more, invoking the Code of Military Justice—which gives the military courts jurisdiction over military offenses not only committed by military personnel but also by civilians—has led to the persecution of hundreds of civilians before military courts. They are commonly charged with treason or rebellion. In fact, the military courts do not meet the requirements for impartiality and independence, reflecting a poor separation of powers and influence from the executive branch, according to the International Commission of Jurists.

From Protests to Prison: A Timeline of Arbitrary Detentions

2013-2019

Reports of inhumane treatment and torture of political detainees surfaced in 2013 after Maduro won the April elections, and opposition leader Henrique Capriles accused him of fraud. Protests broke out in the streets, resulting in many detentions. As a response, a civil rights group filed a complaint to the International Criminal Court in Hague to investigate violations of human rights committed against detainees.

In 2017, protests sparked again to express displeasure towards a ruling issued by the Supreme Court that made the National Assembly—the unicameral legislature of the country—powerless. As a result, 5,000 people were detained. A rights group shares how the detainees were beaten, sexually assaulted, or given electrical shocks, according to AP News.

Emirlendris Benitez is one of many arbitrary detainees. She was detained in 2018 for alleged links to a drone attack against President Nicolás Maduro. She reported torture and inhumane treatment while in custody. According to the report and a compilation of similar cases, she forcefully disappeared for a few weeks after her detention, and her pregnancy was terminated without her knowledge or consent. After being subjected to torture, she was transferred to a medical facility in July 2023 and now requires a wheelchair. Amnesty International shared her story and advocated for her immediate release in an urgent action announcement.

TOPSHOT-VENEZUELA-CRISIS-OPPOSITION-PROTEST — Image 2: A Venezuelan opposition demonstrator waves a flag at the riot police in a clash during a protest against President Nicolas Maduro, in Caracas on May 8, 2017. Source: Yahoo Images (Federico Parra /AFP/Getty Images)

Fear as a weapon: how arbitrary detentions terrorize Venezuelan communities

One common tactic utilized by authorities during these years is the so-called “Nights of Terror,” when officials raid and attack residential areas. Forty-seven of these were reported between April and July 2017. According to the recollection of witnesses, the incidents follow a pattern:

First, the officials (from the GNS, the CONAS, or even the SEBIN) burst into homes, breaking down front gates and security doors. They would fire indiscriminately into the houses using riot control equipment and weapons (tear gas and pellet guns). Even after the residents asked to see the search warrants, the officials continued the search without showing them. In private homes, officials shot off locks, broke down gates, destroyed property, and threatened the residents. They demanded to know the whereabouts of people who participated in protests. The raids are frequent and repeated, characterized by searches without a warrant.

Many children have been affected, as those who witnessed home raids are now scared of the National Guard officers. Not only do victims feel vulnerable as institutions collapse into corruption and impunity, but they also feel more terrified and angry than protected.

During the Covid-19 pandemic: 2020-2023

Arbitrary detentions continue amid the COVID-19 pandemic, during which NGOs documented how the state of emergency—decreed by the president—was used to crack down on dissent. The decree not only requires face masks and limits movement and certain activities, as stated by Human Rights Watch, but it also authorizes inspections at the discretion of security forces if there is reasonable suspicion that someone is violating the decree. Among the affected are human rights lawyers, journalists, and public service officials.

Journalists such as Marco Antoima or human rights lawyers like Ivan Varguez have been charged with inciting hatred and criminal activities, rebellion, or unlawful association.

International Response and What’s Next?

Actors in the international system have taken steps to put pressure on the Maduro administration. The United States has imposed a number of sanctions dating back to 2015. These sanctions account mostly for blocking property and assets. The European Union, on its part, approved an embargo on arms and materials in 2017 to countries that may use it for repression. In addition, between 2018 and 2021, about 30 officials were sanctioned, freezing their assets and prohibiting them from entering nations of the E.U.

The journey to justice may be frail, and the fight is far from over. You can help by supporting organizations like the ones mentioned here, sharing detainee stories, and demanding more international actions. Some ways available to support this organization include legal consultation, logistics, physical therapies, psychological therapies, transportation, medical treatments, or other services. Registration on their website is required. On the other hand, Observatorio Venezolano de Conflictividad Social has a submission box on its website for requests to contact the support staff. You can help by supporting organizations like the ones mentioned here, sharing detainee stories, and demanding more international actions.

More detailed stories are available in Foro Penal’s report on “Crackdown on Dissent, Brutality, Torture and Political Persecution in Venezuela.”

Behind the Ballot: Corruption, Repression, and Hope in the 2024 Venezuelan Elections

This year, a handful of elections were scheduled. At least 27 countries, including Algeria, Senegal, Pakistan, and Venezuela, held their presidential elections. Because of the varying political climates, let’s visit the most recent Venezuelan elections, which illustrate human rights violations in the form of voter intimidation and political persecution. The development of the events raises questions about the validity of the results and the corruption of the powers of the state. Amid widespread despair, NGOs like Foro Penal, a Venezuelan group offering legal aid to victims of state repression, and international bodies such as Human Rights Watch and the Carter Center are investigating irregularities and violations.

Challenges to Maduro’s Presidency and Popularity

Facing crippling inflation, electricity blackouts, and water and food scarcity, the Venezuelan people had been waiting for a leadership change. Although still appealing to the love people had for former president Hugo Chavez, President Maduro Moros had been increasingly losing popular support.

At the beginning of his term, Chavez gained public trust through social programs addressing inequality, such as adult literacy, health care, and infrastructure. The programs were meant to address the gap between the rich and the poor, a hot issue among voters. His “revolution“ of the old system set up by the administration of Carlos Perez Jimenez was mildly disrupted by a Human Rights Watch report exposing corruption. Nevertheless, his charisma and the benefits he provided kept his supporters loyal.

In 2013, Chavez appointed Maduro as his successor. Disguised as a blessing, Maduro had inherited institutions that were corrupted and allowed him to enrich himself and stay in power. However, years of inflation and poverty eroded Maduro’s connection to the Chavez revolution. As a result, many pro-Chavez supporters have lost confidence in Maduro and continue to mourn the late president, as AP reported.

While his popularity decreased, a new leader had been working to gain the people’s support. Maria Corina Machado, a former member of the national assembly, won a primary election in 2023. Appealing to free the country and grabbing onto the growing dislike for Maduro, Machado became the face of the Democratic Unitary Platform (DUP), an alliance of trade unions, political parties, and former officials.

However, in January 2024, the highest court in Venezuela banned opposition leader Machado from running for the presidency. The ban keeps Machado from participating in any elections for 15 years. The Supreme Court made the decision based on financial irregularities claimed to have happened while Machado served in the legislature. This obstacle is among many presented to political figures who pose a threat to Maduro’s regime. After failing to appoint a replacement for a while, a new candidate was put in the front of the opposition campaign. Edmundo Gonzalez, a former diplomat, became the new candidate of the DUP.

Months Leading to Election Day

Venezuelans outside the country went out to register, uncertain of what turn the elections would take; however, they encountered significant obstacles.

The New York Times reports that Venezuelans living abroad were affected by long waiting times, rejection, and confusing instructions across several countries, including Argentina, Chile, Colombia, and Spain. People arrived at consulates as early as 4 a.m., only to face rejection due to suspended registrations.

In addition to the unexplained delays, voters were met with unexpected registration requirements. Before, only a Venezuelan identification, expired or not, was valid for registration. However, as part of the new requirements being enforced, a Venezuelan passport and proof of residency or legal permanence in the host country were needed. This created obstacles, as many Venezuelans in countries like Colombia or the U.S. lack permanent residency despite having other legal documents, such as Temporary Protected Status (TPS).

National filling out an applications with his passport — Image 1: National filling out a form with his passport at hand. Source: Yahoo Images

What’s more, the government only allowed a 29-day registration period, which differs greatly from the year-round period allowed in the past. However, in countries where diplomatic relations are broken, and embassies and consulates are closed (like the U.S.) Venezuelans can’t register to vote.

As a result of these events, millions of Venezuelans couldn’t vote. Between 3.5 million and 5.5 million Venezuelans who live abroad were eligible to vote, but only about 69,000 were registered.

Election Day – July 28th, 2024

Venezuelans inside the country went to cast their votes at their designated stations. Throughout the morning, locals and the Carter Center mission—sent on June 29th—observed several violations.

Violence and Voter Intimidation

According to electoral rules, a witness is allowed to observe the tally count. People loyal to the ruling party intimidated witnesses and forced them to stay at home or leave their posts halfway through the election.

New York Times (NYT) reported that, in the capital, Caracas, a journalist observed men blocking access to one of the voting centers. Adding to the tension, voters were not allowed entry until over an hour after the poll was supposed to open. Similarly, in the city of Cumaná, about 50 armed police and National Guard officers stood outside with their helmets and armor in what seemed to be a show of power. Over in the city of Maturín, a woman was shot when men on motorcycles drove by a line of voters.

Changing Voting Locations

The NYT also disclosed that constituents’ voting locations were changed without a previous announcement. A worker of the Venezuelan Electoral Observatory, Carlos Medina, stated that the voting stations for 17,000 Venezuelans changed at the last minute. This is the case for Sonia Gomez, a voter who went to vote after verifying her polling site on the electoral council website. However, upon arrival, the workers told her she was registered elsewhere.

Image 2: National casting their paper vote. Source: Yahoo Images

Aftermath

Refusal to Disclose Paper Tallies

In Venezuela, votes are counted digitally by the Consejo Nacional Electoral (National Electoral Council) or CNE and verified using paper tallies collected at each voting station. Some officials in certain locations refused to disclose their paper tallies.

With the digital count, Maduro’s administration celebrated their victory, claiming 51% of votes. On the other hand, the opposition released data showing that Edmundo Gonzalez had received 67% of the vote. According to Machado, the opposition’s numbers came from voting machine tallies that were scanned and calculated.

In response to the allegations made by the opposition on corrupt and ridged elections, Maduro requested the Supreme Court give its expert opinion on the results. It is important to mention that the Supreme Court, closely tied to Maduro’s administration, had previously upheld Machado’s ban. Although the court backed him up, Maduro promised to release the tallies on the CNE website. However, the website has remained inaccessible since the events of July 28th.

Politically Driven Detentions

After the CNE announced Maduro’s victory, Venezuelan protested in the streets. However, they were met with brutal repression by state authorities. Videos circulating on social media showed police and military brutality directed at protesters. Human Rights Watch analyzed these videos, corroborating reports of detentions and deaths. While about 2,400 people were detained during protests, Foro Penal—a Venezuelan NGO that provides legal support for victims of arbitrary detention—claims that the police arrested electoral witnesses at their homes. These events have fueled arguments for election fraud. Most of the detainees are being charged with terrorism and incitement of hatred. Other irregularities include a lack of legal assistance and transfer to maximum security prisons.

Adding to the political persecution, a court issued an arrest warrant against Edmundo Gonzalez for conspiracy and usurping power. This prompted him to flee to Spain. Similarly, other figures, like diplomats, have been targeted, too, as Maduro ordered diplomats who opposed his victory to leave the country.

Image 3: Protests in Venezuela on May 1st, 2019. Source: Wikimedia Commons archive; originally published by Voice of America.

Future Implications

After the return of the Carter Center’s technical election observation mission, the center stated that the elections did not meet the integrity standards. The Organization of American States and several countries, including Argentina and Costa Rica, recognized Edmundo Gonzalez as the president-elect and called for transparency. Nevertheless, as Gonzalez has now fled to Spain, it is unclear what the next steps the international community will take to address the democratic crisis.

Since the elections, Venezuelans have felt both hope and fear. Despite a great number of protests and social media posts, fear of government retaliation has reached a higher level than ever. Some believe it is impossible for Maduro to resign, but only time will tell if democracy can still be restored.

Buscadoras: Women Searching for the Disappeared in Latin America’s Enforced Disappearance

After 3 years of searching, Yanette Bautista finally reunited with her disappeared sister. In the outskirts of Bogota, Colombia, buried under NN (No Name), using the same dress and jacket she was last seen wearing, the body of Nydia Erika Bautista was found. After a witness from the Colombian military confessed and tipped off the location of the body, Yanette, her lawyer, and a forensics expert were able to dig up Nydia’s remains.

The Bautistas are one of the many direct and indirect victims of enforced disappearances in Latin America. To this day, thousands of people continue to be missing, and their loved ones continue their search, hoping to one day end their anguish and bring justice.

people wearing masks that say "Where are they?" — Image 1: People wearing masks that say, “Where are they?” Source: Yahoo Images.

[Image 2] The Search Commision and the organization "Buscando Hasta Encontrarte" (Searching until I Found You) signed a covenant to strenghten searches. Source: Yahoo Images. — Image 2: The Search Commission and the “Searching Until I Found You” organization signed a covenant to strengthen search efforts. Source: Yahoo Images.

Enforced disappearances overview

Enforced disappearances are the arrest or abduction by state authorities or political organizations. In these cases, perpetrators deny any involvement or refuse to reveal the victims’ location with the intend of keeping them out of the protection of the law. Enforced disappearances violate fundamental rights, including personal liberty, protection from torture, and access to a fair trial. The International Convention for the Protection of All Persons from Enforced Disappearances was established in response to these grave violations. This convention is upheld by the Committee on Enforced Disappearances (CED) and the Working Group on Enforced Disappearances (WGEID), whose roles are to:

Ensure state compliance,
carry out investigations to locate victims and hold perpetrators accountable, and
provide reparations and support to affected families.

Enforced disappearances are widely spread in the Americas, linked to the proliferation of violent nonstate actors —gangs, cartels, armed groups—and serving as tools of state control. These disappearances have waves of repercussions, from the fear experienced by the victims to the sadness and uncertainty of their loved ones. Often testing the competency and efficiency of authorities, these disappearances force families to undertake searches when official investigations fail. Most victims of enforced disappearances are men, leading women and children to become the providers or breadwinners. The families, then, have great financial burdens and are more vulnerable to abduction due to their relations with disappeared family members, their role as witnesses and human rights activists, and their “defiance” of societal rules.

The work of women searchers

Despite having a target on their backs, women lead the search efforts for their loved ones, forming groups dedicated to collaboratively searching. They unite forces and resources to bring justice to their families. In the past, women-led collectives have done great work for the disappeared. Grandmothers of Plaza de Mayo in Argentina and Chilean women of Calama are examples. These collectives deal with the disappearances that occurred during dictatorships or government regimes and the relocation of family members.

Nowadays, social media plays a crucial role in search efforts for missing persons. In Guanajuato, Mexico, the group Hasta Encontrarte (Until I Found You) uses its Facebook page to share information about missing individuals and mobilize support for their recovery. Beyond social media, organizations like The Nydia Erika Bautista Foundation, created by Yanette Bautista, provide legal support to families. This foundation documents the stories of the disappeared and offers leadership training through schools across Colombia to empower families and advocates.

[Image 3] The Nydia Erika Foundation. Source: Yahoo images. — Image 3: The Nydia Erika Bautista Foundation. Source: Yahoo images.

How are women searchers affected?

Although collectives have the urgency and willingness, they face the financial burden of searching. Transportation, gas, food, water, lodging accommodations, tents, and coal may be required depending on location. Luckily, they collect money by organizing raffles and sales while receiving company donations. However, some governments, like the Mexican administration, have recently passed legislation that makes registration of collectives stricter and the reception of donations more difficult.

What’s more, families may also be vulnerable to scams. American Spanish-language news outlet Univision News reported that activists in Mexico denounced groups that charge $29 to $147 per week (500-3,000 Mexican pesos). They take advantage of how desperate the families are to create a business. Unfortunately, families may find these scamming groups before they come across better-established collectives without fees. Being scammed amid the despair of a disappearance further affects the families’ finances and their mental health.

Besides the financial aspect, women searchers face other obstacles. Amnesty International research reveals that the state and non-state actors can utilize their influence over the criminal system to open arbitrary and sometimes illegal criminal investigations against them. They may also stop the police from investigating accordingly. What’s more, societal stereotypes often blame mothers for “not keeping their children safe” or “not doing their job as mothers.” Comments like this spread guilt among mothers looking for their children. Women searchers, like human rights activists, are subject to threats and attacks, particularly in Honduras, Mexico, Colombia, and Brazil. They are vulnerable to gender-based violence, especially the sexual kind.

In Mexico, Teresa Magueyal, a member of the group Una Promesa Por Cumplir (A Promise to Fulfill), was searching for her son, José, who disappeared in 2020. Teresa was killed three years later in the same town. Two months later, Catalina Vargas, another activist member of the Collective United for the Disappeared in Leon, also disappeared. In August of 2022, activist Rosario Rodriguez was kidnapped by an armed group after a mass in honor of her disappeared son. Her youngest son called the authorities right away, but nothing was done. She was found dead a day later.

For more stories, check out the story of the Barajas Piña family, or listen to the “Hasta Encontrarte | Until I Found You” podcast on Spotify and Apple Music.

[Image 4] Protests against the high women homicide rates in Mexico. Source: Yahoo Images. — Image 4: A protest against the high women’s homicide rates in Mexico. Source: Yahoo Images.

The future of women searchers

While much progress remains to be made, important steps are underway to promote women’s safety in search efforts. The National Human Rights Commission has urged states to protect searchers, recognizing them as human rights defenders. In early 2024, Colombia passed the Proyecto de Ley (Project of Law), which aims to guard the rights of women searchers, acknowledging them as peacebuilders and individuals requiring special protection. Additionally, Amnesty International recently launched its #SearchingWithoutFear campaign to establish searching as a right that the state must protect. These initiatives highlight the vital contributions of women searchers and open the doors to developing stronger legal frameworks to ensure their safety. Continued community support and collaboration between governments and organizations are essential for reaching and supporting victims across national and international boundaries.

The Battle of NGOs in Nicaragua: A Human Rights Crisis

Arbitrarily detained, beaten in prison, exiled, and stripped of their nationality has become a common experience for activists in Nicaragua. This is the case of Kevin Solís, who was arbitrarily detained twice; in 2018 for allegedly obstructing public services and carrying a firearm, and later in 2020 for alleged robbery and assault. The United Nations Working Group on Arbitrary Detention determined there had been irregularities in the legal procedures of Kevin’s case, a violation of his legal rights, and a concerning threat to his rights to life and integrity. Along with Solís, another two hundred political prisoners were released in 2023, some of whose citizenship was later revoked. Nicaraguan president Daniel Ortega’s war against NGOs is rooted in his plan to crush opposition to his leadership and avoid responsibility for human rights violations.

But how did Nicaragua get to this point?

2018 was the start of a large and violent retaliation of the government against protestors. However, 5 years prior, discontent was already blooming in the Nicaraguan people’s hearts. The Nicaraguan Congress passed, on June 13, 2013, a law that affects the future livelihood of many communities, Law 840. The law deals with the development of infrastructure and free trade zones. As a result of this legal advancement, communities would be pushed out of their homes to accommodate ‘new and improved’ facilities. According to an Amnesty International report, Law 840 allows the government to authorize the construction of projects without consulting the communities that would be affected. Among those is Francisca Ramirez, whose community learned about a new project approved through Law 840 in a televised announcement by President Ortega. To their surprise, the president had sold the land they lived on to foreign investors for canal construction and subsequent amenities. Francisca and her community, along with other human rights activists, took their concerns to the streets to advocate for their rights and oppose the Canal. Yet, they were met with threats, harassment, and arrest.

Protests of 2018

Localized demonstrations in response to President Ortega’s actions continued until 2018 when large-scale protests exploded in the streets of Nicaragua. The Nicaraguan people responded negatively to the new changes the Ortega administration implemented to the social security and pension system. However, it wasn’t all about social security. Previously, widely censored media was combined with excessive use of force by police officers who were firing tear gas and rubber bullets at protestors. Hence, years of corruption and repression of peaceful protest made the population join the rally against the new social security measures. Human Rights Watch reported on the injured and death toll after initial protests, in which the Nicaraguan Red Cross claimed to have helped 435 injured people between April 18th and 25th, while the CIDH listed 212 people dead between April 19th and June 19th, 2018. In this same report, it is stated that Nicaraguan newspapers that spoke about the protests and the death toll were later impacted by the government’s agenda against media outlets that didn’t back up President Ortega. Independent and critical newspapers like El Nuevo Diario had been unable to access paper and supplies due to a blockade on imports imposed by the Ortega administration, said Carlos Fernando Chamorro, an exiled journalist and director of El Nuevo Diario. Chamorros’ exile follows the trend of journalists and communicators who have been imprisoned and forced to leave the country to speak against Ortega.

Image 1: Daniel Ortega is sworn into Nicaragua’s leadership for his 4th presidential term. Source: Yahoo images

What does the Government have to say?

The Ortega administration made several claims invoking laws that have increased monitoring, making NGOs’ work more difficult and giving the government grounds for forced dissolution. A legal framework was created to regulate organizations and individuals that receive foreign funding and utilize those funds to attempt to undermine the nation’s sovereignty and independence. Among some of the requirements, organizations need to present monthly reports of who their donors are or their source of income. For NGOs, this law means that whoever receives foreign funding or fails to report accurately would be stripped of their political personality. And this is exactly what happened. Invoking this framework, it was stated in an official release that the organizations had not complied with the law by reporting their finances, which also led to accusations based on money laundering laws.

The pro-Ortega news outlet La Nueva Radio Ya called the 2018 protest a “coup” orchestrated by NGOs associated with organized crime and international organizations like the OEA (Organization of American States) and IACHR (Inter-American Commission on Human Rights) who want to push an imperialistic agenda into the Nicaraguan people. The article dismissed the reasons for the protests as well as the number of injured and dead protestors. Instead, it focuses on the number of police who were injured and killed, claiming there was never such an assault against the national police force, which in turn shows that the protests were not peaceful. Equally, it holds that the “failed coup” led to kidnappings, assaults, torture, murder, and a great impact on the jobs and the incomes of many families.

Nicaraguans protesting in 2018 after changes to the pension system. — Image 2: Nicaraguans protested in 2018 after changes to the pension system. Source: Yahoo images

NGOs have faced villainization and limitations of their funding and activities because they were thought to be too politically involved. Staying on trend with other democracies and post-soviet governments, after the events of 2018, Daniel Ortega’s administration escalated violations of free speech and freedom of assembly, starting a public crackdown on individuals and groups who spoke against his leadership. In addition to the medical associations, climate change, education, and more, one type of largely targeted NGO was religious. So far, clergy members have been imprisoned and exiled, catholic churches and universities have shut down, and the legal standing of charities has been revoked. On the last round of suspensions on August 19th, 2024, hundreds of the 1,500 NGOs were small faith groups whose property may be seized.

Ronaldo Alvarez, a Nicaraguan bishop, put a target on his back after speaking on human rights issues and the retaliation of the government against religious organizations. He was under house arrest in his home and later at his parent’s house while he was investigated for inciting violence. The priest was later accused of “conspiracy against the government, carrying out hate acts, and damaging society.” Others, such as priest Oscar Benavídez, were indicted at the prosecutor’s office on unknown charges.

Reactions of the International System and Future Implications

The United Nations General Assembly released the resolution 49/3 calling for the protection of human rights in Nicaragua. The resolution includes requests for the Government to fully cooperate with the monitoring and reporting of human rights, including the free passage of human rights groups to assess the country’s conditions. The Inter-American Commission of Human Rights (IACHR) has also pronounced itself on the crimes against humanity perpetrated in the state and encouraged accountability for human rights violations. The press release cited the impactful reports it had filled on the closure of universities, crackdown of media outlets, and repression against Indigenous and Afro-descent who opposed the government. At the same time, the IACHR followed suit; the U.S. imposed sanctions and additional actions, such as visa restrictions on Nicaraguan officials who were involved in the imprisonment and violence against religious institutions and religious leaders. The international system is concerned with the violent developments in Nicaragua and the lack of accountability. However, the ability of international instruments to punish is limited, and without the cooperation of the rest of the international community, Nicaraguans won’t receive much outside help.

No NGOs to advocate for the rights of the people they protect means there are no organizations with enough structure and funding that can help people in a situation where the oppressor is the state. These groups were able to provide individuals with resources and programs that the government didn’t or was unable to. Now, their access to the safe spaces NGOs create is rapidly crumbling down. The persecution of NGOs should be addressed by a large number of actors in the international system to apply pressure on the Ortega Administration and support Nicaraguans. Although the fate of Nicaraguan-based NGOs is uncertain, check out other organizations that survived the last wave of suspensions, like El Porvenir (The Future).