NGO Law Monitor: Nicaragua
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
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Last updated 6 February 2013
Introduction
Nicaraguan Civil Society Organizations (CSOs) have formed in waves since the late 1960s, generally in response to a particular socio-political context – from a waning dictatorship to revolutionary and post-revolutionary governments, and most recently, to a populist government headed by the former revolutionary leader. Due to these politicized origins, the sector has traditionally been highly polarized. Notwithstanding a weak level of collaboration among CSOs, the sector is highly visible. Through a number of CSO networks and inter-sectoral alliances, Nicaraguan CSOs have led massive protest marches as well as international advocacy campaigns. CSOs’ rely heavily on international financial assistance to fund activities that run the gamut from charity to self-help to advocacy.
The presence of Civil Society Organizations (CSOs) in Nicaragua dates back to the late 1960s, and their activities have run the gamut from “assistentialism” (or "welfarism") to self-management. Supported by international cooperation, CSOs have obtained financing and executed a large number of development and training projects. This presence has strengthened the organizations’ active participation in the transformation processes experienced in Nicaragua. Although their efforts in many cases have not responded to a defined and coordinated work strategy, CSOs have increased their role in broad scenarios through institutional participation, the creation of networks, alliances, coordination mechanisms, and various spaces for inter-sectoral coordination. They have presented proposals to and led protests before national and international bodies.
The legal framework that regulates CSOs in Nicaragua is rooted in Article 49 of the Constitution, which establishes the right to organize based on the free and participatory will of those who organize “…in order to ensure the realization of their aspirations, pursuant to their own interests, and to participate in the construction of a new society.” Specifically, legislation is set forth in Law No. 147: General Law of Non-profit Legal Entities (1992), which covers “…the constitution, authorization, functioning and termination of the civil and religious non-profit legal entities that exist in the country.” Additional legal provisions are found in the Civil Code (1904), for so-called “simple civil or commercial associations, pursuant to the purposes of each institute.”
The implementation and enforcement of Law No. 147 is characterized by broad discretion. The law has many gaps and some contradictions. There are no regulations for Law No. 147 and its provisions do not provide for administrative dispositions to clearly regulate the procedures and requirements that non-profit entities must follow for their constitution, authorization, function and termination. This situation affects associations and foundations in different spheres of their legal existence.
At a Glance
| Organizational Forms | Associations, foundations, and federations and confederations (civil or religious). |
| Registration Body | Department of Registry and Control of Associations under the Ministry of Governance |
| Approximate Number | 3,293 |
| Barriers to Entry | Too much government discretion |
| Barriers to Activities | Too much government discretion |
| Barriers to Speech and/or Advocacy | Lack of enforcement of constitutional protections |
| Barriers to International Contact | None (currently - see pending legislation) |
| Barriers to Resources | None (currently - see pending legislation) |
Key Indicators
| Population | 5,666,301 (July 2011 est.) |
| Capital | Managua |
| Type of Government | Republic |
| Life Expectancy at Birth | Male: 69.82 years Female: 74.09 years (2011 est.) |
| Literacy Rate | Male: 67.2% Female: 67.8% (2003 est.) |
| Religious Groups | Roman Catholic 58.5%, Evangelical 21.6%, Moravian 1.6%, Jehovah's Witness 0.9%, other 1.7%, none 15.7% |
| Ethnic Groups | Mestizo (mixed Amerindian and white) 69%, white 17%, black 9%, Amerindian 5% |
| GDP Per Capita | $2,900 (2010 est.) |
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2011.
International Rankings
| Ranking Body | Rank | Ranking Scale (best - worst possible) |
| UN Human Development Index | 115 (2010) | 1 – 182 |
| World Bank Rule of Law Index | 21.7 (2009) | 100 – 0 |
| World Bank Voice & Accountability Index | 32.7 (2009) | 100 – 0 |
| Transparency International | 127 (2010) | 1 – 180 |
| Freedom House: Freedom in the World | Status: Partly Free Political Rights: 4 Civil Liberties: 4 (2010) |
Free/Partly Free/Not Free 1 – 7 1 – 7 |
| Foreign Policy: Failed States Index | 66 | 177 – 1 |
Legal Snapshot
International and Regional Human Rights Agreements
| Key International Agreements | Ratification* | Year |
| International Covenant on Civil and Political Rights (ICCPR) | Yes | 1980 |
| Optional Protocol to ICCPR (ICCPR-OP1) | Yes | 1980 |
| Convention on the Rights of Persons with Disabilities (CRPD) | Yes | 2007 |
| International Covenant on Economic, Social, and Cultural Rights (ICESCR) | Yes | 1980 |
| Convention on the Rights of the Child (CRC) | Yes | 1990 |
| Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | Yes | 1981 |
| Optional Protocol to the Convention on the Elimination of Discrimination Against Women | No | -- |
| International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) | Yes | 1978 |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) | No | -- |
| Key Regional Agreements | Ratification* | Year |
| American Convention on Human Rights | Yes | 1979 |
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
The Constitution of Nicaragua, promulgated in 1987 by the Sandinista regime, was amended in 1995 through a negotiation between the executive and legislative branches. Relevant constitutional provisions include:
Liberty, Principle of the Nation. Art.5.- The following are principles of the Nicaraguan nation: liberty; justice; respect for the dignity of the human being; political, social and ethnic pluralism; recognition of the different forms of ownership; free international cooperation; and respect for the free self-determination of peoples.
Freedom of Expression. Art. 30.- Nicaraguans have the right to express their thoughts freely in public or private, individually or collectively, in oral, written or any other form.
Effective Participation. Art. 48.- Paragraph 2: The State must eliminate any obstacles that impede in effect the equality among Nicaraguans and their effective participation in the political, economic and social life of the country.
Organization. Art. 49.- In Nicaragua, urban and rural workers, women, youth, agricultural producers, artisans, professionals, technicians, intellectuals, artists, members of religious orders, communities of the Atlantic coast and citizens in general, with no discrimination whatsoever, have the right to constitute organizations in order to ensure the realization of their aspirations, pursuant to their own interests , and to participate in the construction of a new society. These organizations shall be formed according to the participatory and elective will of the citizens; they shall have a social function; and they may or may not have a partisan character, according to their nature and purposes.
Participation in Public Affairs and State Management. Art. 50.- Citizens have the right to participate, under equal conditions, in public affairs and in state management. By law, the people’s effective participation, nationally and locally, shall be guaranteed.
Demands, Complaints and Criticisms. Art. 52.- Citizens have the right to make demands, denounce anomalies and make constructive criticisms, individually or collectively, before the powers of the state or any authority; to receive timely resolutions or responses; and to be informed of that result within the terms established by law.
Meeting. Art. 53.- The right to meet peacefully is recognized. The exercise of this right does not require prior permission.
Concentration (Assembly). Art. 54.- The right of public concentration, demonstration and mobilization is recognized, pursuant to the law.
Information. Art. 66.- Nicaraguans have the right to truthful information. This right includes the freedom to seek, receive and disseminate information and ideas, whether orally, in writing, graphically or by any other means of their choice.
Access to Communications Media. Art. 68.- Paragraph 2: Nicaraguans have the right of access to social communications media, as well as the right to clarification when affected in their rights and guarantees.
Legal Standing. Art. 138.- The following are powers of the National Assembly:
…5) To grant and cancel the legal standing of civil associations.
Rights and Guarantees Not Susceptible to Suspension. Art. 150.- The following are powers of the President of the Republic:
9) Enact and enforce the suspension of rights and guarantees as provided by this Constitution, and send the corresponding decree to the National Assembly within no later than seventy-two hours for approval, modification or rejection.[1]
[1]Article 186 of the Constitution provides, among other things, that the President of the Republic cannot suspend the legal status of individuals or associations, or their participation in public affairs and state management.
National Laws and Regulations Affecting Sector
National-level laws and regulations affecting civil society include the following:
1) General Law on Non-profit Legal Entities. Law No. 147. La Gaceta #102, 29 May 1992.
2) Civil Code of the Republic of Nicaragua.
3) Law of Citizen Participation. Law No. 475. La Gaceta #241, 19 December 2003; and its Regulations, La Gaceta #32, 16 February 2004.
4) Labor Code. Law No. 185. La Gaceta #205, 30 October 1996.
5) Law of Fiscal Equity, Law No. 453 and its reforms. La Gaceta #82, 6 May 2003; and its Regulations, Decree No. 46-2003, La Gaceta #109 and #110, 12 and 13 June 2003.
7) Common Tax Legislation, with incorporated reforms. Decree No. 713. La Gaceta #146, 30 June 1962.
11) Municipal Tax Rates Plan and its reforms (Decree No. 455). La Gaceta #144, 31 July 1989.
12) Property Tax Legislation (Decree No. 3-95). La Gaceta #21, 31 January 1995.
13) Law Creating the Financial Analysis Unit
Pending NGO Legislative / Regulatory Initiatives
The Law to Create the Unit of Financial Analysis (UAF), entered into effect in September 2012. It purports to be aimed at countering money laundering and terrorism financing. However, it is drafted in such ambiguous language as to allow the UAF to investigate virtually any information about any NGO or individual at any time.
According to Article 4 of the law, the Unit of Financial Analysis (UAF) may “[r]equest and receive directly and exclusively from public and private institutions or any obligated party financial, legal or accounting information from transactions or economic operations which may be related to the laundering of money, property and assets derived from illegal activities and financing of terrorism.”
According to Article 9 of the law, the “obligated parties” which are “required to report to the UAF directly and without reservation or secrecy of any kind,” include the following: -
A) Those supervised by the Superintendency of Banks and other financial institutions;
B) The financial cooperatives that handle financial resources with their partners;
C) Microfinance institutions supervised by the National Microfinance Commission;
D) Foreign currency exchange businesses;
E) Pawnbrokers and lending businesses;
F) Companies and agencies that handle remittances and parcel deliveries;
G) Casinos, amusement arcades and the like.
However, Article 9 adds that, “The above list is not exhaustive or limited. Therefore, at the request of the UAF and through the Bureau of Economic Investigations (DIE) of the National Police, any natural or legal person may be obligated to report about a specific case in a timely manner if that individual or entity carries out actions that exceed the limits set by law or if due to the nature of its activities or profession, the person or entity handles funds or resources, data and / or information that may be required by the UAF in the exercise of its functions.
In 2009 the government initiated —and continues to promote— discussion of a manual governing international cooperation (Procedimientos De Una Ventanilla Unica Para La Atencion A Las Asociaciones Y Fundaciones Internacionales Y Extranjeras Sin Fines De Lucro). The objective is to formulate administrative provisions to regulate the state’s relationship with international donor agencies through the Ministry of Governance (MIGOB), General Revenues Department (Dirección General de Ingresos – DGI) and Ministry of Foreign Relations (MINREX).
The manual’s ultimate purpose is to suppress civil society’s advocacy efforts, blocking access to international cooperation resources earmarked for the promotion of improved democratic governance in Nicaragua. [2]
This manual undermines the cooperation agreements between international associations and local organizations. Specifically, a foreign association, due to its lack of legal status, would not be able to establish collaboration agreements with local counterparts.
The manual stipulates that foreign entities must also sign “letters of commitment” that establish, among others, the following obligations: “To abstain from any participation in political activities of a partisan nature, and from the use of the organization’s resources, assets and installations [for said activities].” The document goes on to state that: “Failure to comply with the above-mentioned obligations will result in application of Article 22 of Law No. 147.” However, the meaning of partisan political activities is not defined.
In further affirmation of its objectives, the government reiterates in another section of the document that organizations must “abstain from any participation or financing of political activities of a partisan nature and of illicit activities that threaten or influence national legislation.” Denial of the ability to influence or lobby for or against national legislation is equal to the penalization of political advocacy, which is one of the components included in the programs of international NGOs. [3]
In November 2009, the Draft Law on Non-Profit Legal Persons was introduced into the Agenda of the Fourth Session of the XXV Legislature. More information can be found here.
Sources cited:
- Political Constitution of the Republic of Nicaragua, 1987.
- Laws included in the section entitled: National Laws and Regulations Affecting the Sector.
- Mapeo y Caracterización de las Organizaciones de la Sociedad Civil en Nicaragua. Informe final de consultoría [“Mapping and Characterization of the Civil Society Organizations in Nicaragua: Final Consultancy Report”]. Instituto de Comunicación y Desarrollo (ICD). August 2006.
- Las relaciones gobierno-sociedad civil en el actual contexto [“Government / Civil Society Relations in the Current Context]. Manuel Ortega Hegg, 2008.
- ONG rechazan acoso oficial. No se debe castigar a organizaciones [“NGOs Reject Official Harassment: Organizations Should Not be Punished”].
- Ley No. 147 “Ley General sobre Personas Jurídicas sin fines de Lucro”: Aspectos aplicados y/o comprendidos de manera inexacta [“Law No. 147: ‘General Law of Non-profit Legal Entities’: Aspects Applied and/or Understood Inaccurately”]. Centro de Derechos Constitucionales. March 2009.
- La sociedad civil en Nicaragua (II) [“Civil Society in Nicaragua (II)”]. Luis Serra. El Nuevo Diario, 29 September 2008.
- Defendiendo la sociedad civil. Reflexiones sobre la versión preliminar del documento “Procedimiento de una ventanilla única para la atención a las asociaciones y fundaciones internacionales y extranjeras sin fines de lucro. Documento para la discusión” [“Defending Civil Society: Reflections on the Preliminary Version of the Document ‘Procedures Manual for the One-stop Window for Attention to International and Foreign Non-profit Associations and Foundations. Draft Document’”]. September 2009.
- Consejos del Poder Ciudadano y gestión pública en Nicaragua [“Citizens’ Power Councils and Public Management in Nicaragua”]. Roberto Stuart Almendárez, Research Coordinator. Centro de Estudios y Análisis Políticos (CEAP). Managua, July 2009.
- Nuevo manual para controlar fondos. Ortega “sube parada” ante ONG [“New Manual to Control Funds: Ortega ‘Raises the Bar’ against NGOs”].
[2] Defendiendo la sociedad civil. Reflexiones sobre la versión preliminar del documento “Procedimiento de una ventanilla única para la atención a las asociaciones y fundaciones internacionales y extranjeras sin fines de lucro. Documento para la discusión” [“Defending Civil Society: Reflections on the Preliminary Version of the Document ‘Procedures Manual for the One-stop Window for Attention to International and Foreign Non-profit Associations and Foundations. Draft Document’”]. September 2009.
[3] Nuevo manual para controlar fondos. Ortega “sube parada” ante ONG [“New Manual to Control Funds: Ortega ‘Raises the Bar’ against NGOs”].
Legal Analysis
Organizational Forms
According to the provisions of Law No. 147, three types of civil or religious non-profit legal entities can be constituted: (1) associations, (2) foundations, and (3) federations and confederations. The National Assembly is responsible for granting legal status to non-profit legal entities. Under the Ministry of Governance, the Department of Registry and Control of Associations (Departamento de Registro y Control de Asociaciones) is tasked with the implementation of Law No. 147. The Department maintains the Registry of Non-profit Legal Entities, where all legal entities referred to in this Act and established in the country must register.
Pursuant to the Civil Code, there may also be organizations that lack legal status but are considered simple civil or commercial associations, depending on their aims or purposes. Governed by the provisions of the Civil Code, these civil organizations should be legally constituted, establish bylaws and be registered in the Commercial Registry.
Article 49 of the Constitution guarantees the universal right of association to all citizens and to the population in general, with no discrimination whatsoever, so that they may realize their aspirations in accordance with their own interests and participate in the construction of a new society. This is a free and voluntary right, exercised in accordance with “participatory and elective will.”
In developing this constitutional precept, ordinary legislation stipulates that in their act of constitution, entities must define their aims or purposes. However, only in the case of foundations does Law No. 147 state that the purpose must be to serve the common good.
Public Benefit Status
At the national level, the Law of Fiscal Fairness (Art. 10) establishes income tax exemptions for churches, denominations, faiths and religious foundations with legal standing, with respect to income from all activities and assets employed toward their aims and purposes, as well as for non-profit charity and social assistance institutions, associations, foundations, federations and confederations with legal standing. Exceptions include cases of remunerated activities that imply competition in the goods and services market, as well as cases involving the provision of financial services.
According to Article 41 of the Law of Fiscal Fairness, churches, denominations, faiths and religious foundations with legal standing are exempt from the Value Added Tax (Impuesto al Valor Agregado – IVA).
In terms of municipal taxes, exemptions from payment of the income tax and property tax (Impuesto sobre Bienes Inmuebles – IBI) are given to:
- churches and religious faiths, with respect to temples and offices used for religious purposes;
- non-profit charity and social assistance institutions;
- cultural, scientific, sports and artistic institutions;
- unions and associations of workers and professionals;
- professional associations, as long as they are not for profit; and
- non-profit civil associations, foundations, federations and confederations with recognized legal standing, with respect only to their assets and incomes related exclusively to the fulfillment of their own aims and purposes.
Barriers to Entry
No limits are established in terms of the constitutional right to organize. Those who desire to associate may do so for any reason except to commit a crime or act against the constitutional order.
A non-profit legal entity (association, foundation, federation or confederation) is constituted by means of a public deed, with the minimum involvement of five natural or legal persons who have the capacity to assume obligations and comply with bylaws implied in the entity’s constitution. The law does not restrict foreign individuals from taking part in these organizations. However, it does establish limits for minors (under 21 years old) who do not have the capacity to assume obligations.
Legal standing is granted by the National Assembly. The registration process is carried out in the Department of Registry and Control of Associations of the Ministry of Governance, which has established the following list of registration requirements:
- Letter requesting registration and the assignment of a perpetual entity number, addressed to the Office Director and listing the entity’s address, telephone and fax numbers and email address
- Copy of La Gaceta in which the decree of legal standing granted by the National Assembly was published
- The entity’s deed of constitution
- Bylaws (if not included in the deed of constitution)
- Photocopy of the entity’s purpose statement or brief historical summary
- List of members of the Board of Directors, including their names, positions, addresses, telephone numbers, identification card (cédula) numbers and original signatures
- List of all members of the entity with the right to speak and vote in the General Assembly, including their names and identification card (cédula) numbers
- Four legal required institutional records: two of minutes, one daily ledger and one general ledger
- Payment of a fee of one thousand and fifty Córdobas (about US$50.00)
- In the case of a foundation, federation or chamber, an initial balance sheet must be submitted in addition to the requirements above
When the above-mentioned requirements are met, the Department of Registry and Control of Associations will proceed with review and registration, a process that takes an average of ten days (although the period is not stipulated by law). Because the National Assembly is the body that grants legal standing, the procedures for an entity’s registration are completed without much difficulty. In general, however, the documentation is checked meticulously, and corrections or adjustments are often required.
In order to carry out activities in Nicaragua, organizations with legal status abroad must also be authorized by the Department of Registry and Control of Associations. These organizations are registered after verification that their nature and objectives correspond with the nature of Law No. 147. If they operate by virtue of international instruments, then they shall be governed according to said instruments. The Ministry of Foreign Relations has established an information system on non-governmental cooperation (SysONG).
If registration is denied by the Department of Registry and Control of Associations, an appeal for review (Recurso de Revisión) may be filed before the same authority that issued the administrative denial. A subsequent appeal (Recurso de Apelación) may be filed with the higher authority, in this case the Minister of Governance. This would exhaust the administrative alternatives for appeal, leaving open the alternative of filing for judicial protection (Recurso de Amparo).
Barriers to Operational Activity
As an administrative sanction, Law No. 147 authorizes the Ministry of Governance to impose intervention for the period strictly necessary to resolve any irregularities caused by violations of Article 13 (which establishes the obligations of Non-profit Legal Entities) or previous offenses.
The CSOs subject to Law No. 147 must submit general balance sheets upon conclusion of the fiscal year. As complementary information, some CSOs also submit activities reports, clarifying the relation between implemented actions and the fund amounts managed. However, the presentation of such activities reports is not required by law or by the Ministry of Governance.
Law No. 147 establishes fines as administrative sanctions if any obligations contained in Article 13 are violated or in the event that foreign organizations fail to comply with the law’s requirements. However, the parameters for determining fine amounts are not specified, which in practice allows for discretion among officials in setting the amounts.
Cancellation of the legal status of organizations governed by Law No. 147 is also done by the National Assembly and is implemented by means of the same procedures for the granting of legal status, after prior consultation with the Ministry of Governance. The causes for cancellation are established in Article 24 of the law.
An association’s legal status may be cancelled:
a) when used in the commission of unlawful acts;
b) when used to violate public order;
c) membership of the Association declines to under the minimum number fixed by this Act;
d) Its activities do not correspond to the purposes for which it was formed;
e) It obstructs the control and supervision of the Department of Registration and Control Office, and has previously been subject to Article 22 sanctions;
f) At the request of its highest governing body in accordance with its bylaws.
CSOs subject to Law No. 147—like any other natural person or legal entity— are subject to governmental inspection in order to ensure the fulfillment of their legal obligations. However, since 2008, various government offices have carried out official acts that demonstrate a particular focus on organizations that have openly opposed state policies. In addition, discretionary application of the requirements of Law No. 147 and other legislation (including the Social Security Law and certain tax laws and regulations) has been perceived.
The so-called mass organizations created in the 1980s during the first period of the Sandinista government have now been strengthened and molded into “a new type of relationship between civil society and the state, established by the current government through Citizens’ Power Councils (CPCs) and Citizens’ Power Cabinets (CPGs) from the local level to municipal, departmental, regional and national levels, under the direction of the Presidency. In the government’s Human Development Plan (2007-2012) and sectoral policies, the CPCs and CPGs are noted as the sole representatives of Nicaragua’s civil society. This has been criticized because there is a diversity of civic organizations that feel excluded, and because the CPCs and CPGs have been superimposed over other legally-established coordination entities… [4]
“…this model of Citizens’ Power not only limits the capacities for relations and collaboration with other existing modalities of community organization and citizen participation in the country, but it also restricts the rights of others to take part in public management. (…) This restricts the margins within which civil society can take action in its different roles and, particularly, in its restriction of state power, in ‘the autonomy of representative social actors who are aware of their own interests,’ and in the development of a citizens’ awareness that contributes to the common good and is imposed over the interests of individuals.” [5]
As of the end of 2009, the Ministry of the Interior continues to exercise great discretion in its capacity as administrative agency in charge of oversight of NGOs. Examples of abuses of discretion by the Ministry of the Interior include:
- Insistence on changes to NGO by-laws that are not required by law;
- Demanding inclusion of information in an NGO's assembly minutes that are not required by law;
- Withholding official recognition of an NGO's compliance with the law for reasons not established by law.
[4] La sociedad civil en Nicaragua (II) [“Civil Society in Nicaragua”]. Luis Serra. El Nuevo Diario, 29 September 2008.
[5] Consejos del Poder Ciudadano y gestión pública en Nicaragua [“Citizen’s Power Councils and Public Management in Nicaragua”]. Roberto Stuart Almendárez, Research Coordinator. Centro de Estudios y Análisis Políticos (CEAP). Managua, July 2009.
Barriers to Speech / Advocacy
There are no legal provisions that restrict the rights to free speech or to the free exercise of political rights, including the defense of issues such as democracy and human rights. On the contrary, the legal framework guards and protects such rights. Nevertheless, implementation of the model of Citizens’ Power places de facto obstacles against the free exercise of these constitutionally-guaranteed rights.
Barriers to International Contact
No type of legal obstacle currently exists. However, note the pending legislation described below.
Barriers to Resources
Indeed, in order to ensure their self-sustainability, some organizations constituted as Non-profit Legal Entities are completely free to carry out activities characteristic of economic entities. However, it is important to note the current government’s veiled interest in controlling areas susceptible to financing from international NGOs, as detailed in the section below.
Reports
| UN Universal Periodic Review Reports | 7th Session 2010 |
| Reports of UN Special Rapporteurs | Nicaragua |
| USIG (United States International Grantmaking) Country Notes | Not available |
| U.S. State Department | Advancing Freedom and Democracy Reports (2010) Human Rights Report (2010) |
| Failed States Index Reports | 2012 Foreign Policy Failed States Index |
| IMF Country Reports | Nicaragua: 2005 Article IV Consultation, Seventh, Eighth, and Ninth Reviews Under the Three Year Arrangement Under the Poverty Reduction and Growth Facility, Requests for Rephasing and Waiver of Performance Criteria, Financing Assurances Review, and Request for Extension of the Arrangement - Staff Report Joint Staff Assessment of the Poverty Reduction Strategy Paper Annual Progress Report |
| International Commission of Jurists | Not available |
| CIVICUS Civil Society Index Reports | Nicaragua |
| International Center for Not-for-Profit Law Online Library | Nicaragua |
News and Additional Resources
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.
General News
Protecting Human Rights through comics (November 2012)
El director del organismo Hagamos Democracia, Róger Arteaga, dijo que durante los comicios municipales del pasado cuatro de noviembre se violaron los derechos humanos, incluso existieron muertos por diferencias políticas y doble voto. "Si no respetan los derechos humanos estamos condenados a sufrir. En esta última experiencia del cuatro de noviembre se revelaron muchas violaciones", indicó Arteaga.
Private sector gives "votes of confidence" for new UAF head, despite concerns about the UAF as a tool for repression (October 2012)
Private sector leaders are giving guarded votes of confidence to President Daniel Ortega’s appointment of a soldier and a police officer to head the controversial new Financial Analysis Unit (UAF), but they are still concerned that the UAF could be used as tool for political repression. Advertised as a government initiative to combat money laundering and terrorism financing, the UAF was approved unilaterally last June by Sandinista lawmakers, who completely disregarded the concerns raised by opposition lawmakers, civil society and the business sector.
NGOs worried about security in Central America (September 2012)
The high levels of criminality in Central America are making it hard for NGOs to operate because of the increased risks faced by their employees. In Guatemala, community leaders have been killed for doing their work, but increased violence has also been seen in Nicaragua, as noted by the participants of an NGO forum on security held in Managua.
A more active civil society is necessary
(August 2012)
"Basically what we want is to guide civil society activists in Nicaragua to become more active, more vibrant, more useful, "said Marcos Carrillo, who was providing advice to youth groups and organizations interested in participating in civil society.
NGOs disagree as to whether to mobilize to get out the vote (August 2012)
Local NGOs have conflicting positions about whether to carry out activities to get out the vote in the upcoming municipal elections to be held in November. Sectors of the population distrust the Supreme Electoral Council (CSE). Groups mobilizing to get out the vote argue that despite these doubts, voting is a right that should be exercised by the citizens of Nicaragua.
Youth protesters attacked while protesting electoral fraud (July 2012)
Young protesters who were assembled in front of the Supreme Electoral Council to protest electoral fraud claim that they were attacked by about 100 government supporters. Some of the attackers were wearing clothing identifying them as municipal government employees.
The current problem in Nicaragua is the Unit of Financial Analysis UAF, says expert (July 2012)
According to a Mexican expert on countering money-laundering, the new Unit of Financial Analysis, if left as is, would have so much discretion that “all citizens” would be potential subjects of investigation of possible money laundering operations. The expert considered this to be extremely “risky” for the Nicaraguan people.
Nicaragua to expel USAID? (July 2012)
Nicaragua was one of the countries in the coalition of the Bolivarian Alternative for the peoples of the Americas (ALBA) that signed a document urging other members to expel from their territories USAID. They claimed that USAID is "a disturbing factor which threatens the sovereignty and political stability" of their countries. The text of the document was also signed by the governments of Bolivia, Cuba, Ecuador, Dominica and Venezuela.
Consultation held on Bill to Reform the Law on Municipalities (June 2012)
The Nicaraguan Network for Democracy and Local Development (Red Local) has led a consultation process with its membership, partner organisations and experts in municipal and local development to produce a series of proposals for the Bill to Reform the Law on Municipalities. Text in Spanish here.
Civil society groups support political negotiation between Montealegre and Ortega (March 2012)
The Democratic Citizens' Union, a group of 19 civil society organizations that promote democracy and human rights in Nicaragua, has backed a proposed negotiation between opposition leader Eduardo Montealegre and current President Daniel Ortega. Montealegre says that what Nicaragua needs is a "national accord to set a certain path to follow for political and economic policy, social policy and institutional policy that goes beyond a single government." He also seeks to restore Nicaragua's constitutional rule of law by appointing new Supreme Court justices and electoral magistrates.
News archive
Civil society calls for protests against electoral fraud (November 2011)
Civil society organizations promote freedom of association (October 2011)
Nicaragua’s Supreme Electoral Council accepted President Daniel Ortega registration to run for re-election (April 2011)
Civil Society Organizations called the attention of the international community (March 2011)
More funding required for rural potable water - NGO (January 2011)
President Ortega received a summons (September 2010)
Report presents serious concern regarding the situation of human rights defenders in the region (September 2010)
The foregoing information was collected by the ICNL NGO Law Monitor partner organization in Nicaragua.