The Secretary General of the Organization of American States (OAS), Luis Almagro, warned that the unilateral closure of the headquarters of that organization in Nicaragua is in violation of international law and all OAS regulations, for which he reported what happened to the Permanent Council so that it adopts the necessary measures.
According to the secretary general, on April 24, 2022, the Nicaraguan Ministry of Foreign Affairs informed him that the Government of Daniel Ortega decided to “cancel and close” the organization’s offices in Managua, “and did so by force ”. Fact that, he valued, is contrary to the most fundamental principles that regulate relations between States that are part of international organizations and their officials, dependencies and belongings.
“In no case do these regulations admit the unilateral closure of offices. In all cases, the agreement or consent of the General Secretariat is required,” Almagro said in a letter to the Permanent Council. “That is why it is above all a flagrant violation of international law, which is the standard of conduct of the American States and whose international order is essentially constituted by respect,” he added.
For Almagro, the action carried out by the Government of Nicaragua is “absolutely despicable in legal, political and ethical terms, it constitutes an act of violence and violates international regulations. In that sense, we condemn and repudiate it, ”he stressed.
something unprecedented
Almagro’s brief also indicates that, “immediately after” Foreign Minister Denis Moncada declared that the OAS office was closed, “police forces occupied the headquarters of said office, seizing its files, as well as all existing material.” and warns that the officials of the General Secretariat in Nicaragua may run serious risks.
“This had never happened, not even in times of the worst dictatorships in the region, including those that Nicaragua had experienced. We are facing the violation of the most elementary norms that regulate relations between States and international organizations, opening a precedent that the region had not known until now”, emphasized the secretary general.
The OAS Charter in its article 133 establishes that “the Organization of American States shall enjoy in the territory of each of its members the legal capacity, privileges and immunities that are necessary for the exercise of its functions and the fulfillment of its purposes” .
Nicaragua is still a member
Nicaragua is a signatory to an agreement on the operation of the OAS office in the country, which —among other things— provides that “any disagreement regarding the application or interpretation of the provisions of this agreement will be submitted to the settlement procedure agreed by the Government and the General Secretariat”. This means that none of the parties can unilaterally interpret its text or apply it at its convenience.
The Nicaraguan regime announced on November 19, 2021 its departure from the regional body due to alleged and “constant interventionist attitudes” of the OAS. However, the withdrawal will be official and effective until November 19, 2023, since the process lasts two years. During that period, the Government must fulfill all its political and financial obligations with the organization.
“There is no possibility of terminating its membership in the OAS before that date,” Almagro stated in his letter to the Permanent Council. “Until then, Nicaragua will be subject to all the obligations that emanate from the Charter (of the OAS) and from the agreements that it has concluded within its framework,” he continued.
From the General Assembly of Foreign Ministers of the OAS, on November 12 2021, Nicaragua is immersed in a so-called “collective evaluation” process of its sociopolitical crisis, established in article 20 of the Inter-American Democratic Charter.
As part of this process, the OAS Secretary General made arrangements for the Nicaraguan government to allow the arrival of a high-level delegation from the regional organization to negotiate the holding of new elections, with transparency and credible observation. Nevertheless, the regime never provided a formal response to the requests of the Uruguayan diplomat.
