UN Experts Alarmed by Nicaragua's Constitutional Shift

OHCHR

GENEVA - The UN Group of Human Rights Experts on Nicaragua expressed profound concern over a sweeping amendment to the country's Constitution adopted last week which grants the Government of President Daniel Ortega virtually unlimited power over the nation's people.

The amendment, adopted by the National Assembly on 22 November, expands the presidential term from five to six years, elevates the role of Vice-President - currently held by Ortega's wife - to that of "co-President," and eliminates the constitutional ban on censorship of the press. It also states that all fundamental rights can be suspended during a state of emergency and lowers the threshold allowing for army intervention in domestic policing, which can now be requested by the Government whenever the "stability" of the State demands it.

"With this reform - the twelfth since Daniel Ortega returned to the presidency in 2007 - the current Government is apparently aiming to legalize and consolidate its hold on unrestricted power," said Jan-Michael Simon, Chair of the Group of Experts.

"By adopting vague language, this reform appears to pursue the formalization of the de facto dissolution of the separation, independence, cooperative balance and mutual control between the different branches of Government," said Simon. "The new text does not explicitly refer to 'powers' anymore, but simply to 'bodies', and states that these are to be 'coordinated' by the Presidency."

The Group of Experts called on the international community to urge the Nicaraguan Government to immediately restore the separation of powers and other democratic principles, and abide by its international obligations.

The Experts warned of the dire and far-reaching consequences of the constitutional change to the fundamental rights of Nicaragua's people.

"After having virtually eradicated independent journalism in Nicaragua, the Government has now removed the constitutional prohibition of media censorship," said Simon. "No less important is the elimination of the respect for the dignity of the human person as a principle of the nation, placing Nicaragua at odds with the global consensus which considers dignity the cornerstone of the international order based on human rights."

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