The Universal Periodic Review at the Human Rights Council: Nicaragua and the Democratic Republic of Congo

Introduction

At the Human Rights Council in Geneva, the 47th session of the Universal Periodic Review (UPR) just came to an end. Among the states up for peer review in this session were Nicaragua and the Democratic Republic of Congo (DRC), who submitted themselves to a thorough evaluation of the human rights situation in their respective countries. While there has been some progress made, many concerns about the protection and fulfillment of various fundamental rights and freedoms remain.

What is the Universal Periodic Review?

The UPR is a specialised procedure at the Human Rights Council. Every four and a half years, each Member State of the United Nations undergoes a peer review of its human rights record on a rotating basis, which is currently in its fourth cycle. This peer review is carried out by the other member states who are not up for evaluation, specifically a Working Group consisting of the 47 Member States of the Human Rights Council. The main achievements of the UPR are twofold: the states under review report on the actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights, and in return they receive recommendations, which are informed by multi-stakeholder input and pre-session reports from the other UN Member States for the sake of continuous improvement. The goal of the UPR is to improve the human rights situation in the various countries and to promote and support the protection of human rights on the ground.

In particular, the UPR is based on the information provided by the State under review, which takes the form of a national report that is submitted prior to the review. The national report usually details the main achievements in human rights protections since a country’s last review, as well as its current policy priorities with regards to human rights. This report is then discussed in the Human Rights Council where any UN Member State gets the chance to comment, pose questions, or make recommendations. As opposed to other mechanisms or judicial proceedings, the UPR is based on an understanding of voluntariness and open dialogue, rather than an imposition or judgement. The interactive dialogue during which the national report is discussed takes about three and a half hours for each country.

While UN treaty bodies and the Human Rights Council Session look at specific rights and treaties, the UPR takes a much broader approach. The basis of examination is formed by the UN Charter, the Universal Declaration of Human Rights, and any human rights treaty to which the country in question is a party to, as well as international humanitarian law. Obligations and rights stemming from any of those sources will thus be considered during the UPR. After the interactive dialogue, the Working Group will present an outcome report that is then adopted, containing comments and recommendations addressed to the State under review aimed at improving the human rights situation.

Nicaragua: Between gender equality and civil and political freedoms

One country under review during the 47th session whose human rights situation merits particular attention is Nicaragua. According to its national report, the current priorities lie with the fight against poverty, guaranteeing food security, improving the economy, fighting against climate change, advancement of gender equality, and the development of the Caribbean region. To that extent, the report details an economic growth rate of 4.6 percent, improved living conditions, the introduction of various social programmes to ensure food security, an increase in work and productive skill, and a minimum wage raise of 30 percent. Additionally, the Nicaraguan report highlights improvements in the situation of children’s rights and in advancing gender equality. In particular, the public participation of women marks an achievement that, according to UN Women, ranks Nicaragua in sixth place for women’s empowerment worldwide. More improvements relate to the prevention of deforestation, access to drinking water and sanitation, and the newly introduced national housing strategy.

While Nicaragua reiterates its commitment to UN values and the protection and promotion of human rights, it emphasises that its primary commitment is to its people. The country’s commitment is further qualified by its constitution that roots human rights in

Christian and socialist norms, and by repeated mentions of the national report of the concept of non-interference. Specifically, Nicaragua holds that non-interference in its domestic affairs and its sovereignty as a nation should prevail over considerations of the full guarantee of human rights in its territory and the involvement of UN bodies and mechanisms to that end. 

The two most prominent areas of concern for human rights are the freedom of expression, opinion, and assembly, as well as the right to self-determination of indigenous people. While most UN Member States during the interactive dialogue commended Nicaragua’s advancements with regards to gender equality, many critical concerns with regards to civil and political rights were voiced by different Member States. In particular, the continuing suppression of voices critical of the government was highlighted here. Freedom of assembly and association remain severely restricted; enforced disappearances, arbitrary arrest and detention of real and perceived government opponents are prevalent, impacting freedom of opinion and expression as well as the right to peaceful protest.

Furthermore, many countries were concerned about the seizure of assets of media and religious organisations, the persecution of the Catholic Church and its consequences for freedom of religion, as well as the forced closure of independent media outlets, universities and NGOs. The repression, intimidation, and threats of human rights defenders, their ill-treatment and torture in detention alongside political prisoners, and other acts of violence against Indigenous people and people of African descent also remain one of the most critical concerns among the Member States. Gender-based violence and the total ban on abortion as well as the protection of LGBTQIA+ people were further areas of concern. As was highlighted by various states, the ongoing persecution in Nicaragua results in remarkably high numbers of stateless individuals who have their nationality forcibly revoked.

In addition to these concerns, fundamental aspects such as the independence and impartiality of the judiciary, fair trial guarantees, separation of powers, and the rule of law were noted to be seriously lacking. All in all, many Member States concluded that the continuous suppression of civil society in Nicaragua results in an almost non-existent civic space and multiple human rights violations. Next to the ceasing of political persecution and the reinstalling of a situation of rule of law in the country, most states recommended amending article 20 of the Nicaraguan constitution, which prohibits criticism of the government and its institutions. Many also recommended the ratification of the Rome Statute, the Optional Protocols to ICESCR, the Optional Protocol to CEDAW, and to ensure adherence to the Paris Principles for national human rights institutions. Further, they emphasised that the government should adhere to its international obligations under the Statelessness Convention and restore nationality of those arbitrarily deprived of it. Lastly, Nicaragua was also called upon to guarantee free and transparent elections in 2026 and to end impunity for human rights violations and to consequently ensure accountability for perpetrators.

DRC: Armed conflict, children’s rights and the death penalty

Another state up for review during this 47th session was the Democratic Republic of Congo (DRC). Currently, the DRC is facing a difficult situation, particularly in the east of the country where armed conflicts between state troops, Tutsi rebel groups and other armed non-state actors affiliated with ISIS have dramatically escalated since February 2024. 

Consequently, one of the main priorities presented by the national report of the DRC is the achievement of a ceasefire through diplomatic efforts.   The report also indicates several of the DRC’s achievements during 2024. The report details significant advancements to the right to health through the recent introduction of universal healthcare in the country. Another achievement presented in the report is the introduction of a new law tackling the spread of misinformation and fake news which has been acknowledged by Reporters without Borders. Moreover, laws that favoured the reintroduction of over three million girls into school are looked at positively. Most importantly, the report highlights the creation of a national human rights commission which is tasked with the promotion of human rights.

During the interactive dialogue, the other UN Member States raised a number of concerns with respect to the full guarantee of human rights in DRC. For one, many countries noted an increase in gender-based and domestic violence, including sexual violence that occurs in the context of armed conflicts. They also voiced concerns about access to education at all levels for girls, the largely common cases of child marriage, and the provision of sexual and reproductive healthcare. A common recommendation for the DRC was to decriminalise abortion in line with the Maputo Protocol. Most Member States further recommended to ensure free primary education, particularly for girls and Indigenous children. Overall, the rights of children remain one of the gravest areas of concern with the most pressing issues being child military recruitment and child labour across the country.

Since its last UPR and the escalation of the armed conflict, the DRC has lifted its introduced moratorium on the death penalty, making it a legal form of punishment. Many Member States thus called on the DRC to reintroduce the moratorium and to ratify the second Optional Protocol to the ICCPR on the abolishment of the death penalty, to which the DRC delegation showed openness, at least for after the end of the armed conflict. Some countries also raised concerns with regard to freedom of expression, association, and assembly, specifically when it comes to intimidation, hate speech, and incitement to violence against marginalised groups and human rights defenders.

With regards to environmental issues and natural resources, some Member States mentioned concerns about corruption, illegal exploitation, and Indigenous rights. Similarly, they called for caution of the rights of migrant workers, particularly those engaged in mining activities, often without authorisation. Another point of contention was the protection of LGBTQIA+ persons, with multiple states calling for an end to prosecution and discrimination based on sexual orientation and recommending that access to justice be ensured.

Due to the escalated armed conflict, internal displacement and statelessness further give rise to serious concerns, with the number of internally displaced people nearing 7.2 million. It has also had a stark impact on the conditions in prison and detention; many Member States thus voiced concerns about prison overcrowding, the practice of incommunicado detention, and highly recommended improving measures aimed at the prevention of torture. The most common and urgent recommendation issued by most of the other UN Member States was to ensure transitional justice to respond to human rights violations within the DRC and to take measures to fight against the culture of impunity, making sure that perpetrators are held accountable. Some specific recommendations here include strengthening the capacity of the judiciary, as well as issuing guarantees of non-repetition.

While the DRC delegation showed a willingness to cooperate and implement recommendations, it also emphasised that hate speech and gender equality do not pose an issue in their country and that LGBTQIA+, even though their rights are respected, do not form part of the values and culture of the country. Finally, the delegation also stressed that as a country home to more than 100 million inhabitants with over 45 different ethnic groups it is a natural hub for conflict and that it does not wish to protect one community at the cost of others.

Conclusion

During the 47th session of the Universal Periodic Review at the United Nations in Geneva, Nicaragua and the DRC submitted their human rights record to a thorough peer review. While both countries were able to show some advancement pertaining to gender equality in Nicaragua and pertaining to universal healthcare in the DRC, the human rights records of both states remain grave areas for concern. The suppression of civil society and restrictions on freedom of expression and opinion, the political persecution of government opponents, and lack of rule of law, according to the international community, require urgent attention in Nicaragua. In the DRC, the armed conflict, the use of the death penalty, and the recruitment and labour of children are currently the most prominent issues impeding the full and equal enjoyment of human rights across the country.

Bibliography

Office of the High Commissioner for Human Rights, ‘Basic facts about the UPR’ (2024) <https://www.ohchr.org/en/hr-bodies/upr/basic-facts> last accessed 14 November 2024

Office of the High Commissioner for Human Rights, ‘Universal Periodic Review’ (2024) <https://www.ohchr.org/en/hr-bodies/upr/upr-home> last accessed 14 November 2024