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the adoption of measures in the fight against these crimes,
adapted to different circumstances. An “Amnesty Law,”
Law 99617 was approved which was to address perpetrators
of crimes related to the April 2018 protests through June
2019, prosecuting both political crimes and related common
crimes, including those who committed murder, rape, torture,
and other crimes.
During 2020 and the first months of 2021, the government
continued to tighten the space for opposition figures to work,
toughening repression and control over the media, CSOs and
private companies. The following are key laws:
• Law 1040, Law for the Regulation of Foreign Agents,
approved on October 15, 2020.18
• Law 1042, Special Law on Cybercrimes, approved on
October 27, after the Executive published Decree
24-2020 establishing the National Cybersecurity Strategy
2020-2025, a month before.19
• Law 1055, called Law for the defense of the rights
of the people to independence, sovereignty,
and self-determination for peace, approved on
December 21, 2020.20
• Law 1057, Reform of Article 37 of the Political
Constitution to incorporate the penalty of life
imprisonment, approved in the second legislature
on January 18, 2021. In theory it seeks to punish
“hate” crimes, which include those committed by
political opponents.21
The clear objective of these laws, particularly Law 1055, is
to eliminate the rights of people to be elected and serve
in public office, limiting the possibility to participate in
a democratic system and leaving opposition candidates
out of the process. Considering the lack of independence
of the judiciary, demonstrated in different occasions by
international organisms of human rights organizations, the
application of these laws will be used exclusively to further
repress and take repressive measures against CSOs and
opposition groups.
Rise in migration to Costa
Rica since 2018
Since 2018, Nicaraguan political opposition figures, civic
activists, HRDs and journalists have confronted escalating
repression, attacks, assassinations,22 and persecution by
the state. This has prompted 108,000 to leave their homes
and families behind for the safety of neighboring Costa
Rica, up until March of 2020 when the COVID-19 pandemic
closed the borders.23 The closeness and shared history of
migration between Nicaragua and Costa Rica has made
it the primary destination for those fleeing repression,
although others have migrated to Mexico, the United States,
Panama, and Spain.
While many Nicaraguans fled during the initial protests
in April 2018 and later, the first weeks of May 2021, the
most migrated from the state-led operations to push out
opposition voices in the departments of Carazo, Masaya,
Matagalpa, and Estelí in July and August of 2018. As the
Ortega government continued to repress and persecute
critics, according to data from the General Directorate
of Migration and Foreigners of Costa Rica (DGME), from
December 31, 2020 the country had registered nearly 370,000
Nicaraguan residents, about 66 percent of the total number
of foreigners living in Costa Rica. To add to this number,
there are thousands of Nicaraguans who have already been
nationalized and an estimate of 350,000 with an irregular
immigration status.
Nicaraguans in Costa Rica, January 2021
Category
Quantity
RESIDENTS OF DIFFERENT CATEGORIES
367,984
SPECIAL CATEGORIES
45,356
TEMPORARY RESIDENCY
8,406
PERMANENT RESIDENCY
314,222
REFUGEES & ASYLUM SEEKERS
121,366
APPROXIMATE TOTAL
489,350
Source: DGME
Pressure by the Ortega-Murillo regime on the growing
opposition movement will continue, as well as the threats
against political opponents, social leaders, journalists, HRDs
and CSOs. Consequently, with the formal opening of Costa
Rica’s land borders with Nicaragua, the flow of Nicaraguans
fleeing persecution and violence will continue to rise.
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