National human rights institutions as “the canary in the mine” in the authoritarian revival of the Americas

By Nieves Molina Clemente, project manager at the Danish Institute for Human Rights

Evidence of a rise of authoritarianism and populism has been presented by journalists, scholars and civil society. A concerning trend accompanying this rise is the political pressure faced by national human rights institutions. This trend is pernicious in the Americas region, where authoritarian and military regimes have historically proved able to organise regionally against political dissidents. A criminal and chilling example of such ability is the so-called Condor Plan. 

The Paris Principles provide that states should set up national human right institutions to monitor human rights violations and to “promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation”. In some countries, the national human rights institution function is undertaken by different institutions, for example Human Rights Commissions, Ombudspersons and Defensores del Pueblo. It is relevant to mention that “the existence of national human rights institutions in compliance with the Paris Principles” is one of the selected indicators of UN Sustainable Development Goal 16. In the Americas region, 18 countries have established NHRIs, 15 of which hold an “A status” accreditation from the Global Alliance of National Human Rights Institutions (GANHRI). “A status” is an accreditation of full compliance with the Paris Principles, assessing, amongst other things, the ability to work with independence from the State. Venezuela, Nicaragua and Paraguay, on the other hand, hold a “B status”, meaning not fully in compliance.

Since 2019, the Americas region has been facing social unrest and protests against inequality and poverty. State responses to social unrest in the region have on many occasions been characterised by an excessive use of force and resulted in a negative impact on citizens’ personal rights. This is especially true in the case of Ecuador, Chile, Bolivia and Colombia. As Amnesty International has pointed out, the COVID-19 pandemic has exacerbated the social and economic circumstances that initiated these protests in the first place. Unemployment, extreme inequality, environmental abuses, and limited access to health care have been further aggravated for many citizens already in precarious situations. In fact, for Venezuela, El Salvador, Guatemala and Honduras, COVID-19 pandemic is taking place in the backdrop of a humanitarian crisis. 

As a response to the pandemic, States such as Chile, Perú, Argentina, and many of the Central American countries have displayed an aggressive stand, obtaining some success in flattening the curve of infections. As States in the Americas acted within emergency powers or enacted emergency laws, NHRIs have warned against abuses of such powers. Several governments have, in response, taken political or unjustified legal actions against NHRIs and their staff with the objective of intimidating or weakening these human rights institutions. Functioning NHRIs in the Americas hold a great significance for they are an indicator of democracy and rule of law.  

The Network of National Human Rights Institutions of the American Continent and Federation of Iberoamericana de Ombudsman (FIO) have issued statements in support of the national human rights institutions in Guatemala, Costa Rica, Bolivia and Peru. During the last year, at least six out of the 18 national human rights institutions in the region have suffered threats, political attacks and campaigns to defame the institution’s leadership. Particularly concerning are the attacks against the institutions in El Salvador, Costa Rica, Guatemala, Ecuador, Bolivia and Peru. 

The Procurador of Guatemala has been suffering from persistent political attacks from the government and Congress due to his defence of LGBTQ+ and reproductive rights in social media. The Defensora de los Habitantes de Costa Rica suffered pressures to resign her position after criticising the Government for violations of data privacy of COVID-19 patients. An institutional reform to eliminate elected officials, magistrates might result in weakening the positions of the National Human Rights Institution in Perú. 

The Ombudsperson of Bolivia requested and obtained protective measures from the Interamerican Commission for Human Rights (ICHR) after political pressure to undermine the role of the institution, as well as threats and acts of violence against her and her staff. The Defensor of Ecuador has also requested protective measures from the ICHR. The Procurador of El Salvador, Apolonio Tobar, has received a sustained political and personal attack from the President of El Salvador in social media. Apolonio Tobar has officially requested the support of GANHRI. 

The UN Office of the High Commissioner for Human Rights has issued guidance on the use of emergency powers and COVID-19. While the pandemic demands that States take measures that might limit or even derogate the enjoyment of certain human rights, these limitations must be proportional, non-discriminatory and necessary to tackle the risks posed by the pandemic.

To conclude, NHRIs in the Americas play an important role in ensuring that emergency measures are within the parameters established by International and Human Rights law. In order to comply with their international human rights commitments, States must allow these institutions to perform their mandates independently and in line with the Paris Principles. NHRIs carry out a basic oversight of the actions of the three branches of the state, so if these institutions are prevented from performing their mandate, it may very well be the first sign that the State is abusing emergency powers, i.e. “the canary in the mine” in the trend towards  authoritarianism’s revival. 

The Danish Institute for Human Rights has supported peer national human rights institutions’ capacity development worldwide. Currently the Institute is the lead partner in the implementation of a project to support national human rights institutions and their networks.

The so-called NHRI.EU.2 project, funded by the European Union, provides support to the Network of National Human Rights Institutions in the American Continent, including on the implementation of the Marrakech Declaration on “expanding the civic space and promoting and protecting human rights defenders with a specific focus on women: the role of national human rights institutions”.