22 de noviembre 2024
The constitutional reform proposed by Daniel Ortega and Rosario Murillo paves the way for absolute power concentration in Nicaragua. Through the reform, municipal autonomy is eliminated, the principle of separation of powers is abolished, and the Army and Police are fully subordinated.
The reform of Article 177 of the Constitution removes the clause that states, “municipalities enjoy political, administrative, and financial autonomy,” retaining only the part that says the “administration and governance of municipalities correspond to municipal authorities.”
The second paragraph of Article 177, which specifies that “autonomy does not exempt or inhibit the Executive Branch or other state powers from their obligations and responsibilities towards the municipalities,” is also deleted.
Additionally, Article 179 of the reform stipulates that mayors and deputy mayors could lose their positions for reasons such as “abandonment of their duties for three consecutive business days.” In contrast, the current Constitution allows for up to 60 days of unjustified absence.
Grants Attorney General the Authority to Dismiss Mayors
Mayors can also be dismissed “by resolution of the Office of the Attorney General, which declares them responsible for abuse or failure in their duties” —a provision not present in the current Constitution.
In recent months, the Attorney General has intervened in several municipal governments, leading to the de facto removal of the mayor of Nandaime, Roger Acevedo; the arrest of Granada’s political secretary, Indira Morales; and the temporary suspension of the mayor of Cardenas, Rodolfo Perez, among others.
Regarding municipalities, Article 175 of the reform states that the national territory will be divided for administrative purposes into “departments, autonomous regions of the Caribbean coast, special development regimes, and municipalities.” However, the meaning of “special development regimes” is not explained.
Eliminates Independence of State Powers
The reform also hands Ortega and Murillo control over all state powers. Article 132 of the initiative declares that “the Presidency of the Republic leads the Government and, as Head of State, will coordinate the legislative, judicial, electoral, control, regional, and municipal bodies,” effectively reducing the Legislative, Judicial, and Electoral Powers to mere “organs” of the Executive.
A legal expert consulted by Confidencial pointed out that by reducing state powers to “organs,” “the independence of these powers is eliminated,” formalizing absolute presidential power.
The independence of state powers is one of the “general principles” of the Republic of Nicaragua established in Article 129 of the current Constitution.
Reduction in Magistrates
The reform also proposes reducing the number of Supreme Court (CSJ) justices from 16 to 9 and the Supreme Electoral Council (CSE) magistrates from 7 to 5. Each magistrate’s term will last six years.
Currently, the Supreme Court has 10 out of 16 justices, with six vacancies due to resignations and deaths. The Supreme Court is under Vice President Murillo’s control after removing its president, Alba Luz Ramos, and dismissing directors in key areas of this state power. Over 1,100 judicial officials had been fired nationwide by late July 2024.
The constitutional reform also extends the term of the 90 National Assembly deputies from five to six years and increases the terms of mayors from four to six years.
Total Subordination of the Army and Police
Regarding the armed forces, the constitutional reform makes it clear that the Presidency —shared by the co-presidents— is the Supreme Command of the Nicaraguan Army, National Police, and Ministry of the Interior. It also removes certain prohibitions that were in the constitutional text.
According to Article 92 of the current Constitution, “only in exceptional cases” may the President order Army intervention to support the Police. However, under the reform, the Presidency can order Army intervention “when the republic’s stability requires it.”
Article 97 of the reform establishes that the Ministry of the Interior “is the state institution responsible for implementing, maintaining, and executing the necessary measures to ensure citizen security, state security, and internal order.”
In practice, the Ministry of the Interior has been tasked with persecuting civil organizations in Nicaragua, shutting down more than 5,163 NGOs since late 2018.
This article was published in Spanish in Confidencial and translated by Havana Times. To get the most relevant news from our English coverage delivered straight to your inbox, subscribe to The Dispatch.