On November 19, Nicaragua will conclude its two-year withdrawal period and officially depart from the Organization of American States (OAS).
Remarkably, no member country has commented on this move. Ronald Sanders, the current Chair of the OAS Permanent Council, requested a special legal report.
He wants to understand what this departure means.
This legal report references an opinion from 2020. The Inter-American Court of Justice gave this opinion.
It says that member countries should voice any concerns about a country leaving. This ensures the group functions well.
However, the OAS report reveals something surprising. No country has spoken up about Nicaragua’s planned exit.
As a result, Nicaragua will leave the OAS on the scheduled date unless it changes its mind.
Now, let’s talk about obligations. The legal report makes it clear. Nicaragua’s existing commitments won’t disappear.
These include human rights duties under the OAS Charter. Simply put, Nicaragua must still follow these rules even after leaving.
In 2020, the Inter-American Court made an important point. Quitting the OAS doesn’t cancel past duties. Nicaragua can’t avoid the responsibilities it agreed to while a member.
Lastly, the court’s 2020 opinion adds another layer. Nicaragua still falls under international law. This includes major rules against torture and genocide.
In summary, even after its OAS departure, Nicaragua must follow these global rules.
Background
The OAS, founded in 1948, aims to foster cooperation among the Americas. Its scope ranges from human rights to security and development.
Nicaragua joined this organization not long after its creation. Over the years, the OAS has sometimes criticized Nicaragua for its human rights record.
This strained relationship led to various tensions between the two. Nicaragua’s decision to leave is a rare event in OAS history.
Usually, member countries aim to resolve disputes within the organization. Nicaragua’s exit raises questions about the future role and effectiveness of the OAS.