FRIDAY FILE: A reform Constitution was adopted 27 January 2014 and entered into force on 10 February. This reform will allow consecutive presidential reelection as well as the occupation of government positions by the military. AWID spoke about it with Azahalea Solís the Autonomous Women's Movement ( Movimiento de Mujeres Autónomo , MAM) Nicaragua) with whom we spoke of women's rights and the repression they have recently been victims during the event on March 8.
By Gabriela De Cicco
Daniel Ortega and Nicaragua's President since 2007, the same time as leader of the Sandinista National Liberation Front (FSLN). It was one of the leaders of the Front which took power after the Sandinista revolution that ended the dictatorship of the Somoza family in power since 1934. He served as president during the period 1985-1990 year during which the FSLN lost the elections against the National Opposition Union (UNO), a coalition of fourteen parties brought to the presidency Violeta Chamorro. He also lost the presidential elections of 1996 and 2001, but was elected president in the election held on 5 November 2006.
That same year, the National Assembly enacted the general prohibition of abortion in the context of a presidential campaign knife tight in order to attract the Catholic and evangelical readership. This decision implied the impossibility for women and girls to have an abortion for therapeutic purposes, that is to say, to protect their health or life, remedies existed for over 100 years in the code Nicaraguan Penal. In September 2007, the National Assembly adopted a new penal code that kept the ban on abortion in all circumstances. Code provides for penalties of up to three years in prison for anyone who would perform an abortion and one to two years for all women who seek an abortion. Code admits no exceptions, not even when the life of the pregnant woman is at risk. [1]
In this context, the current constitutional reform is a landmark of Christian values and the idea of traditional family. On the political level, Article 147, which prohibits consecutive presidential election and for more than two terms has been deleted. It also provides the possibility of an election of the president in the first round with a simple majority of votes. It also gives the president the right to issue executive decrees having the force of law. Moreover, the reform gives more powers to the army and the police. It authorizes the President to appoint military government positions "for security reasons" while continuing to perform their military duties in addition to their public. Among other functions, the reform also give the army the ability to control the radio and satellite spectrum, in coordination with the civil authorities, which also constitutes a threat to freedom of expression.
AWID: Who is Daniel Ortega for the women's movement and feminist Nicaragua?
Azahalea Solís (AS): In April 2006, during the election year, part of the feminist movement in Nicaragua met and provided that the worst thing for the country would be the triumph of Daniel Ortega. In fact we consider a fundamentalist social and cultural, political and authoritarian neoliberal economic plan. At the same time, in a process of formation of the feminist network of women against violence (2006), some groups have said that the victory of Daniel Ortega could mean persecution against the women's movement, feminists, poets and journalists [2] . We must recognize that these predictions were accurate .
AWID: What are the consequences of the recent constitutional reform in the country's democratic process?
AS: In the history of Nicaragua since its establishment as a republic, various changes have been made by those in power to "accommodate" the legal framework for its political needs. Constitutional standards prohibit the re-election, but generally final and transitional provisions have been introduced to allow "exceptionally" re-election. We consider this last constitutional reform is illegitimate. It is illegitimate because the majority obtained by Ortega in the National Assembly, which now allows it to change the constitution, is the result of electoral fraud committed in 2011. It is illegitimate because it represents a change policy regime that can only be done through a Constituent Assembly, through a partial reform.
Ortega attempts to establish a political system to measure its dictatorial and dynastic interests and create, like the constitutional monarchies of the past, a "constitutional dictatorship."
AWID: What would you think be the consequences for women's rights in Nicaragua?
AS: The limits in the political situations always affect women more: repression, persecution, imprisonment, and a situation of neglect (they are not heroines). Women are demanding justice unattainable goal in a state of privately owned characterized by impunity and the prevalence of privileges associated with the position.
Moreover, according to the reform in question, Nicaragua is a Christian state, a definition which coexists with the standard that there is no official religion. Today our Constitution states that we live "under the inspiration of Christian values." At the same time, it restricts individual rights and gives preeminence to the community and the traditional family. This implies that structures called "family firms" [3] have their say on privacy and may, for example put pressure on women to not divorce, do not give their husbands or accuse him not in cases of violence or, in the police, the theme of "family unity" is considered superior to the right to the integrity of women.
There is therefore a breach of the limits of power, there is no support structure and this is very serious for a company; society is unequal to the detriment of women, the situation with regard to law enforcement does not bode well for women as political subjects, or as subjects of law in itself.
AWID: Can you tell us about the human rights situation of women? What has been the progress and setbacks in recent years in Nicaragua?
AS: In Nicaragua, there is officially a standard 50/50 ; however, some conceptual and practical considerations do not allow us to consider it as an effective realization.
The first standard which established the rule of 50/50 is contained in the law municipalities. This standard relates to the requirement to record the same amount of men and women on lists of candidates for the 2012 municipal election. This principle of 50/50 is now included in constitutional reform is the question is whether it is acceptable to get a supposedly egalitarian outcome on the basis of an improper standard as the new constitution?
In 2012, a law against domestic violence was adopted; generally, the standard was adequate. However, before one year of implementation, it was reformed at the request of the Supreme Court of Justice With this reform, the men accused of threats, physical violence, among other crimes which are covered by the Act 779 and whose sentence of less than five years in prison, the victim may switch to avoid conviction. As we have maintained, accept that there are minor offenses of violence against women "is a mistake," and this view ignores the power imbalance between men and women.
AWID: What kind of action could take the women's movement and feminist to avoid the perpetuation in power of President Ortega?
AS: When playing the role of citizen actor, strengthening the role of women in civil society, establishing alliances with other players fighting for the restoration of democratic continuity in Nicaragua. There is no possibility of progress in the country as the rule of law will be restored and as a real political opening and a credible electoral process take place.
One of the main achievements of the Sandinista revolution was the introduction of the credibility of the polls. This situation has changed dramatically with the arrival of Ortega, especially since the first elections held during his first term (2007-2011). The electoral process has been the subject of accusations of fraud.
For us, in the MAM, the most important project today is to end the dictatorship. We consider, as Ortega is in power, no progress will be possible for women's rights.
AWID: How will you react, as the women's movement in the face of police repression of the commemoration of March 8?
AS: March 8, several movements, network and organization are part of the broad movement of women and feminists in Nicaragua met on their own decision to commemorate International Women's Day. The aim was to organize a political carnival commemoration for all women, youth, rural women, workers of " maquila "student, professional, the communicators to express their demands, to make their conquests and their desire to live in a society without violence, without discrimination and injustice.
Arriving at the Rotonda Rubén Darío in Managua FSLN government to exercise repression to suppress the manifestation forming lines of riot groups; as we noted in the joint document that we read before the March 11 police facilities, "the abuse of public authorities was to arm women police to fire rubber bullets and tear gas against other women fighting for their rights. "
The Nicaraguan Human Rights Centre has quickly sent a communication to the rapporteur on freedom of Expression of the IACHR. We organized this event on 11 March and in April, we will be present in Geneva to lobby on the Universal Periodic Review (UPR). During the previous examination, Nicaragua was accountable for a series of attacks between 2007-2009. In our report last year, we explained that the recommendations in this regard had not been met. And this year, in April, we will denounce this new attack.
[1] Nicaragua: the general prohibition of abortion harms Also read: http://www.movimientoautonomodemujeres.org/downloads/145.pdf
[2] The war against feminists in Nicaragua: http://www.socialism.com/drupal-6.8/?q=node/329
[3] One of the objectives of these firms is to "apply the model of Christian values, socialist and solidarity which ensure dignity and protagonism, capacities, rights and duties as well as more space for additional participation in decision all areas of life. " http://www.elnuevodiario.com.ni/politica/278429