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B8-0160/2017
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MOTION FOR A RESOLUTION on the situation of human rights and democracy in Nicaragua, the case of Francesca Ramirez

14.2.2017 - (2017/2563(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Charles Tannock, Karol Karski, Arne Gericke, Angel Dzhambazki, Ryszard Antoni Legutko, Ryszard Czarnecki, Tomasz Piotr Poręba, Raffaele Fitto, Notis Marias, Valdemar Tomaševski, Jana Žitňanská, Ruža Tomašić, Branislav Škripek, Monica Macovei on behalf of the ECR Group

See also joint motion for a resolution RC-B8-0156/2017

NB: This motion for a resolution is available in the original language only.
Postup : 2017/2563(RSP)
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B8‑0160/2017

European Parliament resolution on the situation of human rights and democracy in Nicaragua, the case of Francesca Ramirez

(2017/2563(RSP))

The European Parliament,

-   having regard to its previous resolutions on Nicaragua, notably its resolution of 26 November 2009,

-   having regard to the Association Agreement between EU and Central America of 2012,

-   having regard to the EU Country Strategy Paper and Multiannual Indicative programme 2014-2020 on Nicaragua,

-   having regard to the International Covenant on Civil and Political Rights (ICCPR), which Nicaragua ratified in 1980,

-   having regard to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007 to which Nicaragua is a party,

-   having regard to the Nicaragua Constitution, notably articles 89-91, 175 and 180-181 thereof,

-   having regard to Law 28 on the Autonomy Statute for the Regions of the Atlantic Coast of Nicaragua of 1987,

-  having regard to Law 445 on communal property regime of the indigenous peoples and ethnic communities of the autonomous regions of the Atlantic Coast of Nicaragua and of the rivers Bocay, Coco, Indio and Maiz,

-  having regard to the Nicaragua Concession Law 840 of 13 June 2013,   

-   having regard to Rule 123 of its Rules of Procedure,

 

A.   whereas democracy and rule of law have deteriorated in Nicaragua in the past years, as the president has solidified its grip on parliament, the army, the police and the media, and civil society space has steadily narrowed;

B.  whereas in 2012 Nicaragua’s parliament passed a law formally allowing for the construction of the Nicaragua Interoceanic Canal; whereas in 2013 the parliament, without any prior public consultation or debate, passed Law 840 granting a concession for 50 years and an optional further 50 years to telecoms tycoon Wang Jing, owner of Hong Kong-based company HKND, to expropriate land and to build and operate the canal;

B.   whereas despite the Nicaraguan government and HKND have assured people that anyone displaced for the project will be fairly compensated, human rights groups fear the project may lead to the displacement of thousands of small farmers and indigenous peoples in places like Nueva Guinea and the Southern Atlantic Autonomous Region (RAAS), claiming that the Nicaraguan government violates both internationally recognized and constitutional rights of these sovereign indigenous groups by not respecting their right to free, prior and informed consent;

C.  whereas Francisca Ramírez, a farmer based in La Fonseca, Nueva Guinea, is the Coordinator of the Consejo por la Defensa de la Tierra, Lago y Soberanía (Council for the Defence of the Land, the Lake and Sovereignty), a civil society movement that opposes the construction of the Interoceanic Canal;

D.  whereas Ramírez has been intimidated, arbitrarily detained and her family members have been violently attacked by sympathisers of the ruling party and local government representatives in retaliation to her activism;

E.  whereas on 1 December 2016, two trucks belonging to Ramírez were seized by the National Police, which endangered her means of subsistence and her ability to carry out her human rights work; whereas on 10 December 2016, the Nueva Guinea Police station released the confiscated vehicles but did not compensate her for damage to her vehicles while in police custody;

F.   whereas the United Nations Declaration on the Rights of Indigenous Peoples requires “free, prior and informed consent for the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources and for adopting and implementing legislative or administrative measures that may affect them”;

G.  whereas the EU contributes around 204 million EUR to Nicaragua through the Multiannual Indicative Programme during the period 2014-2020 and a further 104 million EUR to the region, including Nicaragua, through the cooperation plan for Central America 2014-2020;

***

1.   Expresses its concern at the steadily deteriorating human rights situation in Nicaragua, in particular at the repeated acts of intimidation and violence against Francisca Ramírez and her family members;

2.  Calls on the Nicaraguan authorities to cease all kind of intimidation and violence against Ramírez and the Council for the Defence of the Land, the Lake and Sovereignty and to compensate for the damage suffered;

3.  Urges the Nicaraguan government to live up to the provisions under the Nicaraguan Constitution and national legislation governing the rights of indigenous people and calls on to respect its obligations following the United Nations Declaration on the Rights of Indigenous Peoples;

4.   Stresses the importance of civil society organizations be able to represent the interests of their communities, to exercise their right to express their concerns, to peacefully demonstrate and to allow indigenous peoples to participate in the electoral process;

5.  Calls on the EU to closely monitor the human rights situation in the country and to take due account of it at the mid-term review of the Multiannual Indicative Programme planned for 2017;

6.   Instructs its President to forward this resolution to the Commission, the Council, the European External Action Service, the Member States, the Government and Parliament of Nicaragua.