Anatomy of a Riot Report

La Isla Foundation Legal Department

April 26, 2013

ANATOMY OF A RIOT

La Isla Foundation is a 501(c)(3) non-profit charitable organization.

Contributions are deductible to the extent allowed by law. 2

Introduction La Isla Foundation (LIF) was formed in 2008 by a Nicaraguan ex-‐sugarcane worker, an American documentary filmmaker, and a local legal investigator to address the epidemic of Chronic Kidney Disease of unknown etiology (CKDu) affecting agricultural communities across Central America, particularly in Western Nicaragua.

CKDu is a progressive degenerative condition marked by the gradual loss of kidney function. The cause of CKDu has yet to be determined. Because treatment options in Nicaragua are limited, the disease is almost universally fatal. Since its initial appearance in the late 1990’s1, prevalence and mortality rates of the disease have increased amongst workers in Western Nicaragua. This increased prevalence, the resulting decline of socio-‐economic stability of affected worker households, widespread private sector intimidation of community activists, and the lack of a suitable response from government entities and the sugar industry at large has led to increasing tensions in the sugarcane communities.

On March 18, 2013, these tensions erupted when a riot broke out in Chichigalpa, the center of sugarcane production in Western Nicaragua. There, 180 former workers, widows, and their children gathered to protest government handling of the epidemic. Law enforcement response was swift. Participants and bystanders alike reported that they were beaten by local police forces and threatened with retaliation if they came forward with their stories. In all, twenty-‐five men, women, and children were arrested. La Isla Foundation personnel were there to document the protests, and themselves became targets of police action.

This report is based on the interviews of detained protesters and bystanders, footage collected on the day of the riots, and subsequent accounts that have emerged concerning human rights violations on behalf of police forces against those involved. It documents the abuses suffered by protesters and bystanders that day and analyzes them within the broader context of ongoing rights violations associated with the CKDu epidemic. The report concludes with recommendations for actors across sectors who must contend with an unabated rise in disease prevalence and death, increased international scrutiny of sugarcane producers and the public institutions charged with social protection, and domestic public pressure for concerted action to curb the disease and mitigate its socio-‐economic

1 New Haven -‐ Leόn Sister City Project, Nicaragua Sugar Estates/Chronic Renal Insufficiency Struggle Background (2009),

Only because they saw me, [they beat me].”

Male, 15 years old March 22, 2013

“



impact. Ultimately, the Foundation believes that the recent riot and resulting police action serve as a forewarning of the potential violent turn that this already tragic epidemic could take should it, and the rights violations associated with it, continue unaddressed.

Background Sugarcane is the largest crop produced in Nicaragua, with 5,937,500 tonnes produced in 2011 alone2. Today, the sugarcane industry employs more than 35,000 workers directly and 100,000 indirectly in sugar production3. The sugar industry comprises about 4% of the GDP of Nicaragua4.

The primary producer of sugarcane in Nicaragua is Nicaragua Sugar Estates Limited (NSEL), a subsidiary of the Grupo Pellas, a commercial conglomerate and one of the largest corporations in Central America. In 2005, NSEL cultivated more than 24,000 hectares of sugarcane in Western Nicaragua5.

NSEL owns and operates the largest sugar refinery in Nicaragua, Ingenio San Antonio Sugar Mill (ISA) in Chichigalpa, Nicaragua, which produces almost 63% of sugar in the country6. Additionally, ISA is tasked with providing molasses for the country’s internationally recognized Flor de Caña rum7, also headquartered in Chichigalpa, and producing ethanol, a widely sought after alternative biofuel8. ISA is the primary employer in Chichigalpa with a permanent workforce of 3,000 in the areas such as administration, factories, safety and hygiene, education and 500 for the preparation of the fields.

2 Food and Agriculture Organization of the United Nations, FAOSTAT, available at http://faostat3.fao.org/home/index.html (last visited Mar. 26, 2013). 3 STR, Nicaraguan Sugar: A Macro View of Today’s Industry 7, available at http://assets.coca-‐colacompany.com/10/58/7b94d83d4c25a4a3bb5eb919649e/NicaraguaSugarIndustry-‐AMacroLevelReport012309.pdf (last visited April 11, 2013). 4 Id. at 7. 5 Center for International Environmental Law et al, People of Leon and Chinandega’s Complaint Regarding the Operations of Nicaragua Sugar Estates Limited S.A. International Finance Corporation Project 25331 2 (Mar. 31, 2008), available at http://www.ciel.org/Publications/NSEL_Complaint_31Mar08.pdf (last visited Apr. 11, 2013). 6 PASE & International Labor Rights Fund, Labor Conditions in the Nicaraguan Sugar Industry 10 (May 2005), available at http://www.laborrights.org/sites/default/files/publications-‐and-‐resources/nicaragua_sugar.pdf (last visited Apr. 11, 2013). 7 See Flor de Caña, Heritage, available at http://flordecana.com/en/heritage/ (last visited April 11, 2013). 8 Nicaragua Sugar Estates Limited, Ethanol, available at http://www.nicaraguasugar.com/es/que-‐producimos/etanol/ (last visited Apr. 11, 2013). On Oct. 25, 2006, the International Finance Corporation, the private lending arm of the World Bank, approved a 55 million USD loan to NSEL to expand sugarcane cultivation and processing, including the construction of an ethanol production plant. The issuance of this loan sparked protest from members of the sugarcane communities in the states of León and Chinandega already adversely affected by sugarcane production in the region. A formal complaint was filed with the Compliance Advisor Ombudsman and a resolution process was initiated in November 2008. For more information see http://www.cao-‐ombudsman.org/cases/case_detail.aspx?id=82.



Additionally, the company hires 3,000 temporary workers that do field work during the harvest season, from November to May9.

In addition to serving as the base for ISA’s operations, Chichigalpa and its surrounding communities experience some of the highest rates of CKDu in the country. From 2002 to 2012, 46% of all male deaths and 75% of the deaths of men aged 35 to 55 in the municipality were caused by CKDu10.

Chronic Kidney Disease of Unknown Etiology (CKDu) Chronic Kidney Disease of unknown etiology (CKDu) is characterized by a gradual decrease in kidney function, eventually resulting in renal failure. Symptoms of severe kidney damage may include the yellowing of eyes and skin and severe muscle cramps. Because renal function declines at a gradual rate, death from chronic kidney failure is often slow and extremely painful.

Traditionally, Chronic Kidney Disease (CKD) in higher income countries has been associated with hypertension, diabetes, and obesity11. In contrast, this emerging form of CKDu is associated primarily with strenuous labor in hot temperatures, particularly among industrial agricultural workers such as those working in sugarcane production12. Unlike CKD in high-‐income countries, CKDu presents itself at a much earlier age. In the communities where LIF works, men as young as 19 have been diagnosed with a disease and patients have succumbed to the illness as early as 21 years old.

According the Pan American Health Organization, the annual death toll from chronic kidney disease has more than doubled over the past ten years, from 445 in 2000 to 1,092 in 201013. It is estimated that that since 2000, the disease has killed more than 24,000 people in Nicaragua and El Salvador alone14. However, given the inconsistencies in reporting causes of death in the region, some believe that the toll is actually much higher.

9 PASE & International Labor Rights Fund, supra note 6 at 12. 10 Death Records from the Office of the Alcaldia, Chichigalpa, Chinandega, Nicaragua. 11 Oriana Ramírez Rubio & Madeleine Kangsen Scammell, Chronic Kidney Disease in Nicaragua: A Qualitative Analysis of Semi-‐Structured Interviews with Physicians and Pharmacists 2 (Dec. 2011), available at http://www.cao-‐ombudsman.org/cases/document-‐links/documents/BU_Interviews_Report_FEB_2012_Eng.pdf (last visited Apr. 11, 2013). 12 Sasha Chavkin, As Kidney Disease Kills Thousands Across Continents, Scientists Scramble for Answers, The Center for Public Integrity (Sept. 17, 2012), available at http://www.publicintegrity.org/2012/09/17/10855/kidney-‐disease-‐kills-‐thousands-‐across-‐continents-‐scientists-‐scramble-‐answers (last visited Apr. 11, 2013). 13 See Pan American Health Organization, Distribution of Deaths by ICD-‐10 Chapters, available at http://phip.paho.org/views/DeathsbyChapters/DeathsbyChaptersdetailedcausesofdeath?:embed=yes&:comments=no (last visited Apr. 11, 2013) (comparing deaths in Nicaragua under Chapter XIV, Diseases of the genitourinary system for chronic renal failure, unspecified and end stage renal disease for 2000 and 2010). 14 Michael Weissenstein Associated Press, Mystery disease kills thousands in Central America (Feb. 9, 2012), Deseret News, available at http://www.deseretnews.com/article/700223653/Mystery-‐disease-‐kills-‐thousands-‐in-‐Central-‐America.html (last visited Apr. 11, 2013).



Working Conditions LIF believes that increased rates of CKDu in Western Nicaragua are related to the poor working conditions of manual laborers in the sugarcane fields. Dr. Richard Johnson, a professor specializing in hypertension and renal diseases at the University of Colorado, School of Medicine, has hypothesized that Chronic Kidney Disease of Unidentified Origin (CKDu) can be attributed, at least in part, to chronic dehydration15. The vast majority of sugarcane is planted and harvested by hand in harsh working conditions with little protective equipment. There are no mandated rest days for workers. We have observed that workers will typically work until they physically exhaust themselves and then take a day off; for most this equates to one day of rest every three to four weeks.

Rights Violations Related to the General Treatment of Sugarcane Workers and Their Families LIF has encountered many instances of systematic rights deprivations throughout the course of its work with affected communities. We have observed that sick workers and their families often find themselves trapped in a self-‐reinforcing web of inadequate social services, poor working conditions, and widespread intimidation which discourages them from advocating for their own interests or seeking alternative employment. We believe that these restrictions violate both domestic and international laws.

15 Id.



Poor working conditions

According to a study of the Pacific Institute of Resource Management, the work schedule of Nicaraguan cane cutters exceeds 8 hours daily and can be 10 to 12 hours daily without overtime payment. Workers work 28 or 29 days monthly, and must always be available to the landowner. During harvest, a minimum of 84 hours is worked weekly.16 Our observations, to date, have shown that cane cutters, specifically in

16 Regarding the sugar industry in Nicaragua, “minimum wages laws are ignored with the average [8 USD] daily wage only granted after working more hours than allowed by law. The average wage does not rise over [70 USD] monthly, and is insufficient for a family to cover basic essentials.” Furthermore, “90% of sugarcane workers are subcontracted and have therefore no access to the socio-‐economic benefits offered by plantations to permanent workers, which aggravates subcontracted workers' poverty and social exclusion.” Regarding accidents, “85.5% of workers report having suffered cuts; 7.5% have suffered burns, and 3% suffered fractures. The main work-‐related illnesses are skin cancer, lung cancer, kidney problems, sterility, and partial loss of vision. Exposure to chemical products, inhaling soot during burnings, prolonged exposure to adverse environmental factors and exposure to toxic residues are the main risk factors for workers. Health coverage and attention to accidents is very low in the public health system and also in business-‐led initiatives.” Pacific Institute of Resource Management,

Working Conditions Applicable Nicaraguan Law

Constitución Política de la República de Nicaragua Capítulo V - Derechos Laborales Artículo 82. Los trabajadores tienen derecho a condiciones de trabajo que les aseguren en especial:

4) Condiciones de trabajo que les garanticen la integridad física, la salud, la higiene y la disminución de los riesgos profesionales para hacer efectiva la seguridad ocupacional del trabajador.

Nicaragua Ley No. 185, Código del Trabajo Título V. De la higiene y seguridad ocupacional y de los riesgos profesionales Capítulo I. De la higiene y seguridad ocupacional Artículo 100. Todo empleador tiene la obligación de adoptar medidas preventivas necesarias y adecuadas para proteger eficazmente la vida y salud de sus trabajadores, acondicionando las instalaciones físicas y proveyendo el equipo de trabajo necesario para reducir y eliminar los riesgos profesionales en los lugares de trabajo, sin perjuicio de las normas que establezca el Poder Ejecutivo a través del Ministerio del Trabajo. Political Constitution of the Republic of Nicaragua Chapter V - Labor Rights Article 82. Workers have rights to working conditions that ensure, in particular:

4) Working conditions that guarantee the physical integrity, health, hygiene and reduction of occupational hazards for effective worker occupational safety.

Nicaragua Law No. 185, Labor Code Title V. On hygiene and occupational security and on the professional risks Chapter I. On hygiene and occupational security Article 100. All employers have the obligation of adopting necessary and appropriate preventative measures to effectively protect the life and health of their workers, air conditioning physical facilities, and providing the work equipment necessary to reduce or eliminate professional risks in the workplace, without prejudice to the rules that establish Executive Power through the Ministry of Labor.



Western Nicaragua, work on a quota system wherein they are required to cut a certain amount of cane per day. They work for 7 days a week per harvest season, (24-‐26 weeks/year); typically, up to nine and a half hours a day. Normally, workers cut 5 to 7 tons of sugarcane per day, but some workers report cutting up to 13 tons a day in order to qualify for bonuses based on exceeding the daily quota. Workers are paid per ton cut at around 0.90 USD per ton. The temperatures in the open fields often exceed 100 degrees Fahrenheit and there is little to no shade. As a result of bonus incentives, workers are hesitant to take sufficient breaks to rest their bodies and replenish the fluids lost working.

On paper, labor protections in Nicaragua are very strong. The state of Nicaragua has enacted many laws related to the protection of the workforce and classified CKDu as an occupational illness17. Article 82 of the Nicaraguan Constitution requires that working conditions guarantee health and reduction of occupational hazards18. Additionally, the Nicaraguan Labor Code lays out extensive protections for the workforce, with Article 100 of the Nicaraguan Labor Code explicitly stating that all employers have an obligation to adopt those measures necessary to protect the life and health of their workers19. Furthermore, Nicaragua is also bound by international treaty obligations concerning the workplace conditions The state has ratified the fundamental treaties of the International Labour Organization (ILO)20, several other relevant ILO treaties, and the International Covenant on Economic, Social, and Cultural Rights21. Unfortunately, in the present context, none of these protections are fully enforced.

The Agrofuels Industry in Central America (Summer 2009), Pacific Ecologist, available at http://www.thefreelibrary.com/The+agrofuels+industry+in+Central+America.-‐a0199069777 (last visited Apr. 11, 2013) 17 Ley No. 456, Ley de Adición de Riesgos y Enfermedades Profesionales a la ley No. 185, Código del Trabajo [Law Adding Occupational Risks and Diseases to Law No. 185, Labor Code], Aprobada el 15 de junio del 2004, Publicada en La Gaceta No. 133 del 08 de julio del 2004, available at http://legislacion.asamblea.gob.ni/Normaweb.nsf/0/dff5d30488273f74062570a100583551?OpenDocument (last visited Apr. 11, 2013) 18 Constitución Política de la República de Nicaragua [Political Constitution of Nicaragua] 1987 Capítulo V Derechos Laborales, Arto. 82, available at http://pdba.georgetown.edu/constitutions/nica/nica05.html (last visited Apr. 11, 2012). 19 Ley No. 185, Código del Trabajo [Labor Code], Artículo 100, Publicada en La Gaceta No. 205 del 30 de octubre de 1996, available at http://www.ilo.org/dyn/natlex/docs/WEBTEXT/45784/65050/S96NIC01.htm#l1t5c1 (last visited Apr. 11, 2013) 20 These treaties include the Forced Labor Convention, 1930 (No. 29); Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); Right to Organise and Collective Bargaining Convention, 1949 (No. 98); Equal Remuneration Convention, 1951 (No. 100); Abolition of Forced Labour Convention, 1957 (No. 105); Discrimination (Employment and Occupation) Convention, 1958 (No. 111); Minimum Age Convention, 1973 (No. 138); Worst Forms of Child Labour Convention, 1999 (No. 182). See International Labour Organization, NORMLEX Information System on International Labour Standards, Ratifications for Nicaragua, available at http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102780 (last visited Apr. 11, 2013). 21 See International Covenant on Economic, Social and Cultural Rights, supra note 21 at Arts. 6, 7(b), & 7(d), International Labour Organization Social Policy (Basic Aims and Standards) Convention, 1962, Art. 4(d) available at http://www.ilo.org/dyn/normlex/en/f?p=1000:12100:0::NO::P12100_ILO_CODE:C117 (last visited April 11, 2013), and International Labour Organization Plantations Convention, 1958 Art. 43(1), available at http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312255:NO#A43 (last visited Apr. 11, 2013).



Low Wages and Manipulation of Nonmonetary Remuneration

Earning on average about 7 USD per day, most laborers working at maximum capacity cannot earn enough money to support their families. As many must use their earnings from the 6-‐month harvesting season to support their families year round, workers and their impoverished families often occupy a precarious position, teetering on the brink of homelessness or starvation22.

22 Failure to pay fair wages for work that can provide an adequate standard of living for workers and their families constitutes a violation of several international legal instruments. See e.g., International Covenant on Economic, Social and Cultural Rights,

Deduction of Wages & Non-monetary Remuneration Applicable Nicaraguan Law

Constitución Política de la República de Nicaragua Capitulo V - Derechos Laborales Artículo 82. Los trabajadores tienen derecho a condiciones de trabajo que les aseguren en especial:

2) Ser remunerado en moneda de curso legal en su centro de trabajo. 3) La inembargabilidad del salario mínimo y las prestaciones sociales, excepto para protección de su familia y en los términos que establezca la ley.

Nicaragua Ley No. 185, Código del Trabajo Título IV. De los salarios Capítulo II. Pago de salario Artículo 86. El salario se pagará en moneda de curso legal, en dia de trabajo, en el lugar donde se preste el servicio, en el plazo y cuantía fijados en el contrato o derivados de la relación de trabajo, no mayor dicho plazo a una semana si se trata de obreros ni de quince días si se trata de empleados; queda a salvo el acuerdo entre el empleador y trabajador cuando por razones justificadas el salario ha de pagarse en sitio distinto. En ningún caso podrá efectuarse el pago con mercaderías, vales, fichas, u otros signos representantes con que se pretenda sustituir la moneda. Political Constitution of the Republic of Nicaragua Chapter V - Labor Rights Article 82. Workers have rights to working conditions that ensure, in particular:

2) Be paid in legal tender in their workplace. 3) The minimum wage and social benefits are not exchangeable (replaceable), except to protect his family and under the terms established by law.

Nicaragua Law No. 185, Labor Code Title IV. On Wages Chapter II. Payment of Wages Article 86. Wages will be paid in legal tender, on the day of work, in the place where the service is provided, within the terms and amount specified in the contract or arising from the employment relationship, such period not exceeding one week in the case of laborers or fifteen days in the case of employees, unless there is an agreement between the employer and employee when, for justified reasons, wages will be paid in different place. In no case may the payment made with merchandise, tickets, tokens, or other representative items intended to replace currency.



For many worker families, wages are supplemented by food baskets provided by the company and administered through a selected local workers association. On the surface, the provision of food baskets may seem like a charitable act. It is often marketed as such. However, these baskets serve as a useful tool for manipulation since families depend on them to ensure food security. Food baskets provided by the company are treated as voluntary contributions, revocable for any reason.

While it is important to note that wages paid to sugarcane workers are in compliance with Nicaragua’s minimum wage standards for agricultural workers, the wages themselves are often not enough to meet the needs of families, and therefore do not constitute a living wage. Additionally, not only are the baskets used to replace wages, they are also routinely withheld without notice or explanation, often in retribution against workers who have attempted to exercise their freedom of association or freedom of expression rights. Such retribution stands in violation of domestic and international law. In several cases, we have seen workers who participate in union and community organizing, advocate for better working conditions, or participate in studies concerning the disease conducted by outside organizations have their food baskets revoked. For example, in July of 2012, 13 workers contacted us after they had their food baskets revoked for participating in union activities. Given that food baskets are distributed by ISA only to those who work at ISA, these food baskets should be regarded as non-‐monetary compensation intended to replace the currency necessary to provide a living wage.

The use of food baskets as a supplement to substandard wages, and the revocation of this supplement without proper cause most likely violates Nicaraguan law. Article 82 of the Nicaraguan constitution states that remuneration for work must be rendered in currency, and thus cannot be substituted all or in part by non-‐monetary compensation23. Furthermore, Article 86 of the Nicaraguan Labor Code reiterates that wages for laborers must be paid in legal tender and that payments cannot be made with items intended to replace currency24. Moreover, this practice may also violate international law treaties to which Nicaragua is a signatory25.

supra note 21 at Arts. 7(a), 11(1) and International Labour Organization Social Policy (Basic Aims and Standards) Convention, 1962, supra note 21. 23 Constitución Política de la República de Nicaragua supra note 18 at Artos. 82(2-‐3). 24 Constitución Política de la República de Nicaragua supra note 18 at Arto. 86. 25 International Labour Organization Social Policy (Basic Aims and Standards) Convention, 1962 supra note 21 at Arts. 27(3), 31(1), International Labour Organization Protections of Wages Convention, 1949, Arts. 2, 8 & 14 “Where food, housing, clothing and other essential supplies and services form part of remuneration, all practicable steps shall be taken to ensure that they are adequate and their cash value properly assessed.” International Labour OrganizationPlantations Convention, 1958 supra note 21 at Art. 27(3). Where such items are considered wages, reduction or elimination of such compensation without proper authorization or prior notice constitutes a violation of international labor conventions. See e.g., International Labour Organization Social Policy (Basic Aims and Standards) Convention, 1962, supra note 21 at Art. 11(8)(b), International Labour Organization Plantations Convention, 1958 supra note 21 at Arts. 27(3) and 31(1), and International Labour Organization Protections of Wages Convention, 1949, Arts. 8(1-‐2) & 14.



Inability to Access Adequate Healthcare

Adequate health care can be extremely difficult to access for workers who have been fired due to illness. Sugarcane producers test workers’ creatinine levels, an indicator of kidney health, before the start of each harvest season and if a worker experiences a medical episode in the field. When workers’ blood tests show high creatinine levels, at the time that they are most in need of medical attention, they are fired and lose access to the plantation hospital, leaving them with few viable alternative options for appropriate medical care. Due to the poor living conditions in the affected rural communities, in-‐home treatment options carry an extremely high risk of fatal infection. Only a few sugarcane communities have readily accessible small health clinics. However, these clinics operate with limited supplies and in the absence of a nephrologist. For most, the next largest clinic is located in Chichigalpa, about a 45 minute to 1-‐hour walk from some working communities. The Chichigalpa clinic also operates with

The Right to Health Applicable Nicaraguan Law

Constitución Política de la República de Nicaragua Capítulo III - Derechos Sociales Artículo 59. Los nicaragüense tienen derecho, por igual, a la salud. El Estado establecerá las condiciones básicas para su promoción, protección, recuperación y rehabilitación. Corresponde al Estado dirigir y organizar los programas, servicios y acciones de salud y promover la participación popular en defensa de la misma. Los ciudadanos tienen la obligación de acatar las medidas sanitarias que se determinen. Ley No. 423, Ley General de Salud Artículo 5. Principios Básicos: Son principios de esta Ley:

3. Solidaridad: Se garantiza el acceso a los servicios esenciales de salud, a través de la contribución y distribución de los recursos y conforme las reglas propias de los diferentes regímenes que se establecen en la presente Ley. 8. Equidad: Oportunidad que tiene la población de acceder a los servicios esenciales de salud, privilegiando a los sectores vulnerables, para resolver sus problemas de salud.

Political Constitution of the Republic of Nicaragua Chapter III: Social Rights Article 59. Nicaraguans have the equal right to health. The state shall establish the basic conditions for the promotion, protection, recovery and rehabilitation. It is the State’s responsibility to direct and organize health programs, services and actions as well as to promote the popular participation to defend these. Citizens have the obligation to respect the sanitary measures which are determined. Law No. 423, General Health Law Article 5. Basic Principles: Principles of this Law are:

3. Solidarity: The access to essential health services, through the contribution and distribution of resources and according to the specific rules of the various schemes that are established in this Law are guaranteed. 8. Equity: The population has the opportunity to have access to essential health services, giving priority to vulnerable, to solve their health problems.



limited capacity and without the equipment or staff necessary to perform complex procedures. The nearest hospital in Chinandega, about 30 km away, is only accessible by walking into Chichigalpa to catch a bus or taking a taxi. The journey to reach the hospital and return can take the entire day. In addition to the effort required for sick workers to make the trip, lost wages and the cost of transportation back and forth serve as a deterrent from seeking health care services.

However, time and distance are not the only barriers to medical care. We have also observed that sick workers can be reticent to seek medical attention because they fear that medical professionals will not act in their best interest. They believe that ISA has a history of collusion with hospital employees. As a result, some workers who have not yet been diagnosed do not seek medical attention at the onset of symptoms out of fear that their medical condition will be shared with the company, and they will be dismissed26.

These aforementioned conditions violate Nicaraguan domestic laws pertaining to the quality and availability of health care. The Nicaraguan Constitution enshrines the right to health for all Nicaraguans, including a requirement that the State establish basic conditions for promotion, protection, rehabilitation, and recovery27. In 2002, the state of Nicaragua enacted the General Health Law that further enumerates the state’s legal obligations in providing medical care. Several provisions of which are particularly relevant to this case. Article 5(3) of the law emphasizes the importance of access to essential services; Art 5(8) gives priority access to these essential services to vulnerable members of the population; and Article 8(5) protects the right of patient confidentiality28.

The right to health care has also been enumerated in several international legal instruments, which the state of Nicaragua has ratified or recognized29.

26 Universal Justice Group, Fordham University School of Law, Field Visit Report (Feb. 2013) (on file with author). 27 Constitución Política de la República de Nicaragua supra note 18 at Arto. 59. 28 Ley No. 423, Ley General de Salud [General Health Law], aprobada el 14 de marzo del 2002, Publicada en La Gaceta No. 91 del 17 de Mayo del 2002, available at http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/FF82EA58EC7C712E062570A1005810E1?OpenDocument (last visited Apr. 11, 2012). 29 These instruments include the Universal Declaration of Human Rights (UDHR) ; the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of Persons with Disabilities. See Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 at 71 (1948), International Covenant on Economic, Social and Cultural Rights, supra note 21, and International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, G.A. res. 61/106, Annex I, U.N. GAOR, 61st Sess., Supp. No. 49, at 65, U.N. Doc. A/61/49 (Dec. 13, 2006), 46 I.L.M. 443.



Restrictions on the Right to Privacy and the Freedom of Association

Union Participation -‐ The environment for union organizers across sectors in Nicaragua remains incredibly difficult. According to the US State Department 2012 Investment Climate Statement, labor activists and NGOs alleged that employers routinely violated collective bargaining agreements and labor

The Right to Privacy and the Freedom of Association Applicable Nicaraguan Law

Constitución Política de la República de Nicaragua Titulo IV: Derechos, Deberes y Garantías Del Pueblo Nicaragüense Capítulo I: Derechos Individuales Artículo 30. Los nicaragüenses tienen derecho a expresar libremente su pensamiento en público o en privado, individual o colectivamente, en forma oral, escrita o por cualquier otro medio. Capítulo II: Derechos Políticos Artículo 49. En Nicaragua tienen derecho de constituir organizaciones los trabajadores de la ciudad y del campo, las mujeres, los jóvenes, los productores agropecuarios, los artesanos, los profesionales, los técnicos, los intelectuales, los artistas, los religiosos, las Comunidades de la Costa Atlántica y los pobladores en general, sin discriminación alguna, con el fin de lograr la realización de sus aspiraciones según sus propios intereses y participar en la construcción de una nueva sociedad. Artículo 53. Se reconoce el derecho de reunión pacífica; el ejercicio de este derecho no requiere permiso previo. Capítulo V: Derechos Laborales Artículo 87. En Nicaragua existe plena libertad sindical. Los trabajadores se organizarán voluntariamente en sindicatos y éstos podrán constituirse conforme lo establece la ley. Ningún trabajador está obligado a pertenecer a determinado sindicato, ni renunciar al que pertenezca. Se reconoce la plena autonomía sindical y se respeta el fuero sindical. Political Constitution of the Republic of Nicaragua Title IV: Rights, Duties and Guarantees of the Nicaraguan People Chapter I: Individual Rights Article 30. Nicaraguans have the right to freely express their beliefs in public or private, individually or collectively, in oral, written or any other form. Chapter II: Political Rights Article 49. In Nicaragua, the workers in the cities and in the countryside have the right to constitute organizations, women, youth, farmers, artisans, professionals, technicians, intellectuals, artists, religious, the Communities of the Atlantic Coast and the population in general, without discrimination, with the intent to achieve the fulfillment of their aspirations according to their own interests and to participate in the construction of a new society. Article 53. The right to peaceful assembly is recognized; the exercise of this right does not require prior permission. Chapter V: Labor Rights Article 87. Full labor union freedom exists in Nicaragua. Workers may organize voluntarily in unions, which shall be constituted in conformity with the law. No worker is obliged to belong to a particular union, nor renounce its belonging. Full union autonomy is recognized as well as the respect of labor union codes.



laws with impunity in Nicaragua30. Although employers are legally required to reinstate workers fired for union activity, formal reinstatement requires a judicial order, which can be difficult to obtain. In practice, employers often do not reinstate workers because of lack of legal enforcement. Labor leaders also complain that employers use company unions to disrupt the organization of independent unions.

Discussions that we have had with local community members confirm this phenomenon. As an independent organization concerned with increasing the protection of workers in Nicaragua, LIF has observed the methods used to impede independent union activities on the ground. In the past, the plantation has revoked workers’ food stipends and threatened suspension to punish them for speaking out.

Infringement on the fundamental right to unionize violates both Nicaraguan and international law31. Nicaragua’s constitution guarantees the right to independently unionize and provides increased protections for union leaders32. Additionally, the 1996 Labor Code protects the rights of unions and aims to set forth a procedure that makes it easier for workers to unionize33.

Participation in Independent Research -‐ In addition to discouraging participation in union activities, workers have faced intimidation when participating in independent research initiatives or speaking to media outlets. Most recently, in February 2012, 10 workers were fired for their participation in a cross-‐industrial medical study led by the Center for the Investigation of Environmental and Occupational Health (CISTA), a government supported research institution under the auspices of the Universidad Nacional Autónoma de Nicaragua, Leon (UNAN-‐León). Additionally, intimidation and threats of unfair dismissal have impeded LIF research efforts on the ground, affecting participation in previous studies because of perceived threats to economic and job security.

The right to participate in beneficial academic research with politically neutral organizations without fear of termination is protected under the law. According to the labor code, in such circumstances, study

30 Bureau of Economic and Business Affairs, 2012 Investment Climate Statement -‐ Nicaragua June 2012, available at http://www.state.gov/e/eb/rls/othr/ics/2012/191209.htm (last visited Apr. 11, 2013). 31 Nicaragua’s international legal obligations include: International Covenant on Civil and Political Rights Art 22, Dec. 16, 1966, 999 U.N.T.S. 171; S. Exec. Doc. E, 95-‐2 (1978); S. Treaty Doc. 95-‐20, 6 I.L.M. 368 (1967); Convention Concerning Freedom of Association and Protection of the Right to Organise (No. 87) Arts 2, 4, 5 & 11, July 9, 1948, 68 UNTS 17; Right to Organise and Collectively Bargain Convention (No. 98) Arts 1, 2, & 4, June 8, 1949 96 UNTS 257; Plantations Convention (No. 110) Arts 58, 59, 62, 63 & 64, 1958; Rural Workers’ Organisations Convention (No. 141) Art. 3; and International Covenant on Economic, Social and Cultural Rights, supra note 21 at Art. 8. 32 Constitución Política de la República de Nicaragua supra note 18 at Artos. 49, 53, 87, 88. 33 See Ley No. 185, Código del Trabajo supra note 19 at Capítulo 10, Artos 203-‐252. For more information about infringement on the right to unionize in Nicaragua, see also Freedom House, Countries at CrossRoads: Nicaragua, 2012, available at http://www.freedomhouse.org/report/countries-‐crossroads/2012/nicaragua#_edn20 (last visited April 11, 2013).



participation would not constitute grounds for dismissal34. Furthermore, termination for legal, privately conducted activity may constitute a violation of the right to privacy under Art 26 of the Constitution35.

Police, Local Government Representatives, and Company Presence at Wakes and Funerals -‐ LIF has observed an increased police, company, and local government presence at the wakes and funerals of former workers who died from CKDu. Our partners based in the affected communities attribute this presence to a fear on behalf of the company and local government authorities that such funerals will serve as motivation and a forum for protest. In addition to monitoring the conduct of funeral services, We have received reports that police, government representatives, and company officials appear at services to threaten family members with reprisals should they protest, and to offer them payment for compliance. LIF has observed an unusually high level of police presence at the funerals that it attends within the affected communities. Most recently, in March 2012, our staff experienced this phenomenon at several funerals when trucks of local Chichigalpa-‐based police officers parked near the cemetery to monitor the funeral processions as they arrived at the burial sites.

Such intimidation and interference blatantly violate the aforementioned rights to privacy, freedom of expression36, and freedom of association37.

34 Ley No. 185, Código del Trabajo supra note 19 at Arto. 48. 35 The Right to Privacy is also protected under international law. Art 17(1) &(2) of the ICCPR protect the right of a person to be free from “arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation” and the right to the protection of the law to prevent such attacks. See International Covenant on Civil and Political Rights supra note 31 at Arts. 17(1-‐2). 36 The right to freedom of expression is protected under the Nicaraguan Constitution. See Constitución Política de la República de Nicaragua supra note 18 at Arto. 30. Internationally, the right to freedom of expression is enshrined in the ICCPR , the American Convention on Human Rights, and the Universal Declaration of Human Rights. International Covenant on Civil and Political Rights supra note 31 at Art. 19(2), American Convention on Human Rights Art. 13, Nov. 21, 1969, O.A.S. T.S. No. 36; 1144 U.N.T.S. 143; S. Treaty Doc. No. 95-‐21, 9 I.L.M. 99 (1969), and Universal Declaration of Human Rights supra note 29 at Art. 19. 37 The Nicaraguan Constitution protects the right to full freedom of association. Constitución Política de la República de Nicaragua supra note 18 at Arto. 87. Additionally, freedom of association is protected under the Universal Declaration of Human Rights, the ICCPR, and the American Convention on Human Rights. Universal Declaration of Human Rights supra note 29 at Art. 20, International Covenant on Civil and Political Rights supra note 31 at Art. 22(1) and American Convention on Human Rights supra note 36 at Art. 16.



Pension / Social Security

The most frequent complaint that we encounter, and the primary motivation behind the March 18th protest, is the inability for sick workers and the families of the deceased to collect social security and pension benefits. CKDu was declared an occupational illness under Nicaraguan law in 200838, conferring upon the disease a special status, and ostensibly removing the hurdles required for patients and their families to access benefits. Unfortunately, many claim that these changes in the law have had the opposite effect, and made it harder to collect benefits. Some believe that this is because, if the state covered the costs of treatment of all of its citizens suffering from occupationally-‐related CKDu and provided financial support to the families of the sick and dying, it would eventually go bankrupt.

The current version of the social security law requires that those suffering from CKDu who claim benefits must have worked a minimum of 107 weeks in total and 26 weeks in the past calendar year to qualify. Often those applying are also asked to prove that they were healthy prior to the start of work on the sugar plantation. For many cane cutters, these requirements are impossible to meet, because of the nature and duration of the harvest season. On average, the harvest season lasts for 6 months or 24 weeks, from November to May. Workers can get sick after working for 2 or 3 seasons, but social security will be provided if a worker has worked for more than 4 seasons in their entirety. Workers require documentation proving their work history and health status to apply for social security. However, 38 Ley No. 456, supra note 17 at Arto. 1.

Pension / Social Security Applicable Nicaraguan Law

Constitución Política de la República de Nicaragua Titulo IV: Derechos, Deberes y Garantías Del Pueblo Nicaragüense Capítulo III: Derechos Sociales Artículo 61. El Estado garantiza a los nicaragüenses el derecho a la seguridad social para su protección integral frente a las contingencias sociales de la vida y el trabajo, en la forma y condiciones que determine la ley. Artículo 82. Los trabajadores tienen derecho a condiciones de trabajo que les aseguren en especial:

7. Seguridad social para protección integral y medios de subsistencia en casos de invalidez, vejez, riesgos profesionales, enfermedad y maternidad; y a sus familiares en casos de muerte, en la forma y condiciones que determinen la ley.

Political Constitution of the Republic of Nicaragua Title IV: Rights, Duties and Guarantees of the Nicaraguan People Chapter III: Social Rights Article 61. The state guarantees Nicaraguans the right to social security for protection against the social contingencies of life and work, in the manner and conditions determined by law. Article 82. Workers have the right to working conditions which specifically ensures:

7. Social security for the protection and livelihoods in cases of disability, old age, occupational hazards, disease and maternity; and to their families in cases of death, in the form and manner prescribed by the law.



because their on-‐site medical facility does the bulk of medical tests of ISA employees, the sugarcane companies maintain sole ownership over medical records. They only share these records selectively with their employees39.

Unfortunately, meeting the aforementioned requirements does not guarantee the provision of benefits. Since the development the LIF legal program, dozens who believe that they have proven eligibility have requested legal assistance because their applications have been denied.

The right to social security is recognized under national and international law40.

Events of March 18, 2013 On March 18, 2013, 180 protesters (workers, widows, and children from Chichigalpa) went to Managua in a three bus convoy to peacefully call attention to the disease ravaging their community. Initially they took the formation traditionally associated with funeral processions, marching through the streets with banners, stopping in front of the Grupo Pellas Headquarters. There, they demanded corporate accountability for the thousands in their community who have died from CKDu. Ex-‐workers and widows spoke about living with and losing loved ones to CKDu. They received no company response, and after protesting for a little over an hour and a half, the group left.

They continued to the Instituto Nacional de Seguridad Social (Social Security Headquarters) to demand the provision of social security and pension payments to affected workers and their families. There, protest leader, Daniel Valvida, submitted a list of ex-‐workers suffering from CKDu who applied for and qualified for social security under the law, but from who benefits were being withheld. After failing to garner the attention of the Grupo Pellas conglomerate or the national government, the group headed home in the afternoon. Each of their protests in Managua were monitored by a strong police presence, however, both protests were peaceful.

Upon returning to Chichigalpa from Managua, the protesters decided to block the flow traffic on the Pan American highway at the entrance to Chichigalpa, citing the lack of response by corporate and government authorities during the protests held in the capitol. Roadblocks are a common act of civil disobedience employed in Nicaragua. The group blocked both sides of the entrance with their buses,

39 Interview with Marvin González, Center for the Investigation of Environmental and Occupational Health, National Autonomous University of Nicaragua at León (Feb. 19, 2013). 40 Under domestic law, the right to social security is protected under the Nicaraguan Constitution. Constitución Política de la República de Nicaragua supra note 18 at Artos. 61, 82(7). Additionally, internationally, the right is recognized under the ICESCR and the Universal Declaration of Human Rights. International Covenant on Economic, Social and Cultural Rights, supra note 21 at Art. 9 and Universal Declaration of Human Rights supra note 29 at Art. 22.



banners, and signs. They allowed 20 vehicles to pass every 20 minutes, and ambulances and buses carrying sugarcane workers to pass uninterrupted.

Shortly thereafter, police arrived to negotiate the dissolution of the roadblock. Protesters expressed their frustration at the lack of response they received in Managua and that they felt that this act of civil disobedience was the only way to bring attention to the epidemic ravaging their community. As the tension escalated, riot police were called in to disperse the crowd.

LIF believes these police units responded to a peaceful protest with excessive use of force. Police attempted to forcibly confiscate the equipment of some of those recording the events, including our own videographer. They fired tear gas into the crowd, which included women and children retreating down the road. When a group of young men responded by shooting slingshots and throwing rocks at the force, police countered by marching towards the center of town through residential neighborhoods and halting to more fire tear gas. Witnesses believe that at least 30 tear gas canisters were fired into a crowd of less than 200 people. The crowd dispersed shortly thereafter. A few hours later, police began arresting people indiscriminately in their homes and on the street. Police severely beat protesters and assaulted bystanders, including children as young as six years old.

In the aftermath of the protest, twenty-‐five men, women, and children were arrested. Most were released the next day. However, a few key leaders and the group’s legal representative were held for an additional day without charge. The majority was released only after signing a document barring them from filing a complaint with the human rights commission. Several of those who were arrested, were threatened with violent reprisals should they speak out about police conduct during the riot.

Rights Violations Related to Police Response to the Protest According to Nicaraguan law, protests that block roadways must periodically allow cars to pass and must not result in the destruction of state property41. Witness accounts and video footage taken at the

41 Articles 53 and 54 of the Nicaraguan Constitution guarantee the right to peaceable assembly as well as demonstration and public mobilization. By all accounts, both the protests earlier that day in Managua, and the protest in Chichigalpa prior to the arrival of police were peaceful and without incident. It is a generally accepted practice in Western Nicaragua, if not throughout Nicaragua or other areas of Central and Latin America, to block major highways and auto routes in the course of a protest. See e.g., La Nación, Con bloqueo de carreteras inician protestas nacionales, (Apr. 14, 1997) available at http://wvw.nacion.com/CentroAmerica/Archivo/1997/abril/15/nicaragua.html#1; Panama America, Comienza el bloqueo de carreteras por una protesta indígena en Ecuador, (May 10, 2010) available at http://www.panamaamerica.com.pa/notas/918679-‐; Federico Escóbar Klose, El derecho a la protesta mediante bloqueos, available at http://www.fepc.org.bo/download/fed9/artopinion/Analisis%20Legal%20Semanal%20No.%2051.pdf.



incident seem to support the assertion that the protesters followed these regulations42. LIF believes that the protest conducted on March 18 was undertaken peacefully and in accordance with Nicaraguan law. Consequently, by dispersing the protest violently and subsequently indiscriminately arresting protesters and bystanders, police forces violated national, regional, and international legal protections. These violations are discussed in detail below.

Violation of Freedom of Association

As mentioned above, according to witness accounts, the protest conducted in Chichigalpa was peaceful. By attempting to disperse a nonviolent protest conducted in accordance with the law, police violated participants’ rights to free speech and peaceful assembly. Article 30 of the Nicaraguan Constitution protects freedom of expression in both public and private forums. Article 53 of the constitution guarantees the right of peaceful assembly without prior permission and Article 54 protects the right of public demonstration in accordance with the law.

There is no direct Nicaraguan law that explicitly states that traffic must be let through at specific intervals to be deemed legal. Article 443 of the Nicaraguan Code of Civil Procedure sets out a four-‐part test to resolve issues when there is “no foreseeable case law or doubt as to the application of the law.” Parties must (in order of importance) 1) apply analogous case law, 2) in absence of analogous case law, apply legal doctrine from the Jurisprudence of the Tribunals, 3) in absence of the two prior sources of law, apply general principles of law or the dictates of natural reason, and 4) lastly, refer to scholars or exhibitors of law or as otherwise provided in similar foreign legislations, leaning always in favor of the most authoritative decisions. Artículo 443 del Código de Procedimientos de Nicaragua, available at http://biblio.juridicas.unam.(mx/libros/2/666/24.pdf (last visited Apr. 10, 2013) Under part three of this test, it is the customary law in Western Nicaragua that for protests blocking major roads, some vehicles must be let through every 20 minutes to allow some continued circulation of traffic. The local understanding is that such protests are acceptable so long as they do not completely cut off the flow of traffic. For this reason, such protests should allow a limited number of cars through at periodic intervals. (See e.g., Spanish People Daily, Retirados del Ejército de Nicaragua bloquean carretera (Jun. 1, 2012), available at http://spanish.peopledaily.com.cn/31617/7833473.html (last visited Apr. 12, 2013). In this case, protestors in Chichigalpa let through 20 vehicles every 20 minutes, and allowed ambulances and buses carrying sugarcane workers to pass uninterrupted. 42 Video Footage of Protest outside of Chichigalpa, Chinandega, Nicaragua (Mar. 18, 2013) (on file with author).

A police official...told me because I am the president of this association, ‘If you don’t move these people, it would go badly for me.’ I insisted to the people that we leave because I don’t like violence, I like peace; I had never even been arrested until that day. So I said to my people, to my brothers, because we’re all affected (with CKDu), we’re a group of older people, a few of us older than 60 years old, and so I said ‘we should disperse and get out of there and see what happens’ but then the people didn’t disperse and in that moment Commissioner Cárcamo sent the riot police on us.”

Daniel Valdivia, Protest Leader March 22, 2013

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Additionally, Nicaragua’s treaty obligations necessitate that it respects the rights of freedom of expression and the freedom of assembly. Nicaragua has ratified the American Convention on Human Rights (ACHR), the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Rights of the Child (CRC), all of which protect the freedom of expression and the right of assembly43. The respect for international legal instruments is emphasized in the state’s constitution which proclaims that every person enjoys the rights enshrined in the Universal Declaration of Human Rights (UDHR), the American Declaration of Rights and Duties of Man, the International Covenant on Economic, Social and Cultural Rights(ICESCR), the International Covenant on Civil and Political Rights, and the American Convention on Human Rights44.

Excessive Use of Force in Attempting to Disperse a Peaceful Protest

43 American Convention on Human Rights supra note 36 at Arts. 13, 15, International Covenant on Civil and Political Rights supra note 31 at Arts. 19,21, and Convention on the Rights of the Child Arts. 13 15, Nov. 20, 1989, 1577 U.N.T.S. 3; 28 I.L.M. 1456 (1989). 44 Constitución Política de la República de Nicaragua supra note 18 at Arto. 46.

The police got angry and told two men to grab [my uncles]. My mother said, ‘Let them go! Let them go!’ and they put a pistol to her chest. I ran over to her and he hit me and knocked me over and I fainted. I got up feeling really strange seeing all the feet around me and I stood up feeling all dizzy… it was horrible.”

Female, 6 years old March 22, 2013

When they finished with me, one went and stomped on my hand, he grabbed my hand and stomped on it. They had shot teargas bombs, my face was burning and I passed out.”


I knew some of the arrested. They were all young and all beaten. One of them told them (the police) that he will report them and they beat him more.”

Female, 27 years old March 22, 2013

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Excessive use of force violates Article 10 of the ICCPR, which mandates that all persons deprived of their liberty be treated with humanity and respect. It can be argued that excessive use of force of in this instance could constitute “cruel, inhuman, or degrading treatment” in violation of article 36 of the constitution, the American Convention on Human Rights, and the ICCPR45.

The unjustifiable use of violence against children is even more alarming, and in glaring violation of the law. The Convention on the Rights of the Child mandates ”no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”46 Furthermore, the use of violence against innocent children in view of their parents could constitute torture under international law for both parties involved. The Convention Against Torture defines torture as:

“[A]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

In the present case, the violence perpetrated against children was in no way justifiable, even if accidental, since these children were not involved in the protest. It is more likely then that the police used violence against children to intimidate their parents and to strike fear into the community at large.

45 International Covenant on Civil and Political Rights supra note 31 at Art. 7. 46 Convention on the Rights of the Child supra note 43 at Art. 37.



Violation of the Right to Due Process

LIF contends that in addition to the illegal attempt to disperse a lawful, protected protest, police further violated the constitutional and treaty-‐protected rights of Nicaraguan citizens by denying them due process throughout the course of arrest, detention, and release.

Arbitrary Arrest -‐ The majority of the adults and children whom we interviewed that were arrested claim not to have attended any of the protests that took place on March 18th. The witnesses claim that as the crowd fled in towards the city, police followed them, launching tear gas and indiscriminately arresting those they came across. Protest organizers, protest participants and bystanders that we spoke to believe that police set out to make an example of community members, regardless of whether they had participated in the protest. Furthermore, children were among those arrested and detained, seemingly without cause.

Article 33 of the Nicaraguan constitution declares that no person should be subjected to arbitrary arrest or detention or be deprived of their liberty except on grounds provided by the law pursuant to a legal proceeding47. Furthermore the arbitrary arrest and detention of persons violates Nicaragua’s human rights treaty obligations under the American Convention on Human Rights48, ICCPR49, UDHR50, and CRC51. By targeting citizens involved in a legal protest, bystanders not involved in protest activity, and children

47 Constitución Política de la República de Nicaragua supra note 18 at Arto. 33. 48 American Convention on Human Rights supra note 36 at Art. 7(3). 49 International Covenant on Civil and Political Rights supra note 31 at Art. 9(1). 50 Universal Declaration of Human Rights supra note 29 at Art. 9. 51 Convention on the Rights of the Child supra note 43 at Art. 37.

Imagine that, they put me under arrest with my finger broken, my eye all messed up, my head cracked here, another lump here, beaten and everything and they didn’t let me out. Not until the next day did they let me out. I didn’t have anyone who would tend to me. They took me off handcuffed like I was a thief, [I asked,] ‘Why don’t you take these handcuffs off?’ [and they said,] ‘No, you go like that’. When we got back one of the police officers says to me, ‘You like what we did to you? Did you enjoy that? It’s so you learn to respect.’...I’m in pain from the beating, from what these men did to me. It doesn’t get you anywhere to make a human rights complaint because they work with [the police] too.”


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outside the scene of the protest, police forces arrested citizens without proper cause, violating an essential constitutional right.

Conditions of Release -‐ Prior to release, almost all of those detained signed a release foregoing their right to pursue future claims against the police related to the riot and subsequent arrests. In some cases, parents were asked to sign this document in the middle of the night, before they were allowed to take custody of their children. It is not certain if these agreements are valid under the law, as they allow for signatories to sign away fundamental civil rights. In any case, such agreements were expressly meant to deprive detained individuals of recourse under the law. Article 33 (4) of the Nicaraguan Constitution guarantees a right to recourse in the case of false imprisonment52. Article 9(5) of the ICCPR also provides for a similar right to receive compensation in the case of false imprisonment or arrest53. Furthermore, ICCPR and The American Convention on Human Rights both guarantee the right to a fair trial54.

Even after signing away their right to file a complaint, several detainees were threatened with harm should they speak publicly about their experiences. For example, a 13-‐year-‐old boy, the son of a prominent protester who was arrested and beaten, was told that if he spoke out, police would kill him and stuff a cockroach in his mouth55. These threats not only amount to torture under international law56, but they are also intended to discourage victims from attempting to access justice and secure redress for the violation of their constitutional rights, frustrating due process of the law

Recommendations LIF believes that the events of March 18th provide a glimpse of the violence that could erupt should the systemic rights deprivations associated with the CKDu epidemic and present conditions continue. We encourage all parties to reflect on the unfortunate incident that occurred in Chichigalpa and commit to addressing these longstanding issues. Recommendations are listed below.

For Government • Perform a comprehensive review of the 2008 amendments to the Social Security Law, with a

focus on the barriers to qualification for ex-‐sugarcane workers suffering from CKDu.

52 Constitución Política de la República de Nicaragua supra note 18 at Arto. 33(4). 53 International Covenant on Civil and Political Rights supra note 31 at Art. 9(5). 54 International Covenant on Civil and Political Rights supra note 31 at Art. 14(1) and American Convention on Human Rights supra note 36 at Art. 8(1). 55 Interview conducted with 13-‐year-‐old male (Mar. 22, 2013) (on file with author). 56 Tibi vs. Ecuador, Judgment of September 7, 2004, Inter-‐Am Ct H. R., (Ser. C) No. 114 (2004).



• Ensure that all qualified social security and pension benefit claims are processed and paid out within a reasonable timeframe.

• Pay outstanding social security claims for qualified applicants.

• Fulfill all domestic and international legal obligations pertaining to working conditions; the provision of social services including, adequate health care, social security, and pension benefits; and the protection of fundamental civil and political rights.

• Support citizens who were arbitrarily detained in pursuing claims against the police for human rights violations. Ensure that victims of human rights abuses can easily access judicial mechanisms going forward.

• Re-‐evaluate the minimum wage requirement for seasonal agricultural workers.

• Support neutral research into the causes of the epidemic, its socio-‐economic impact, and rights violations.

For the Police • Drop the charges and clear the records of those detained without just cause, particularly minors.

• Upon the determination of guilt, punish those officers responsible for the excessive use of force.

• Communicate with local advocacy groups and members of the affected communities to gain a better understanding of the nature and the impact of the CKDu epidemic.

• Develop an open and transparent relationship with those affected and those organizations working with the affected community.

• Ensure that members of the affected communities are allowed equal access to justice and due process of the law.

For the Sugarcane Industry • Make available all health records, including healthy test results, initial diagnosis of elevated

creatinine levels, and tests indicating onset of CKDu.

• Support neutral research into discovering the causes of the CKDu epidemic and its effects across academic, non-‐profit, and governmental institutions on the local and international level.



• Comply with relevant local and international laws concerning safe working conditions, union participation, freedom of expression, and the right to assemble.

• End the practice of revocation of food baskets as a response to legally protected activities such as: union participation, affiliation with unapproved local organizations, and talking to the media.

• Work with the government of Nicaragua to determine an appropriate wage for workers.