Nicaragua

Since its independence, Nicaragua’s history is plagued with governments dominated by political parties and pacts. In the Twentieth Century, the emancipating action of Sandino was followed by authoritarian practices established by the Somoza family. In 1979, the last of the Somozas was ousted by popular actions supported by Frente Sandinista de Liberación Nacional, giving birth to a new era of social, political and economic change.

In 1990, President Daniel Ortega’s transfer of power to President Elect Violeta Chamorro consolidated a democracy that continued for the next two liberal administrations. After his electoral victory in November 2006, Daniel Ortega, President of Nicaragua and leader of Frente Sandinista de Liberación Nacional, and Arnoldo Alemán, leader of Partido Liberal Constitucionalista, continued to apply a policy of pacts in the management and control state institutions. Macroeconomic stability was sustained with financial assistance from the Bolivarian Republic of Venezuela.

However, Ortega failed to introduce a constitutional reform to allow for presidential re-election and therefore “broke the pact” he had subscribed with Alemán in November 2007. Non-institutionalization of Citizen Power Councils, whereby Ortega intended to have increased political autonomy and settle the judicial situation of Alemán who had been stripped of his conditional freedom, generated a crisis. Late in 2007, the crisis escalated as a result of Alemán’s detention, governmental action and “opposition” from Alemán’s party. Both government and political forces uncovered the fact that implementation of agreed on constitutional reforms was the acid test for Nicaraguan governance, irrespective of the discourse of both parties. Constitutional reforms, agreed in 2005, would enter into force on January 20, 2008, to push forward parliamentarianism, ratification of ministers and ambassadors and control of the entities regulating public services. Mutual pressures from Ortega and his opponents articulated a dialogue that was publicly sponsored by large companies linked to U.S. trade.

The new 2008 pact

As a result of Alemán’s legal situation, a new agreement was planned while the Sandinista party organized a large mobilization in Managua. The first step was to recover Alemán’s conditional freedom once his home arrest was legally reestablished and the country had become his jail.

The next step was President Ortega’s presentation to National Assembly of his 2007 performance, wherein he informed about resolutions taken by the Supreme Court of Justice, guaranteed the creation of Citizenship Power Councils (CPC) and declared unconstitutional the Frame Law expiring January 20, therefore allowing for constitutional reforms to enter into force and declaring unconstitutional other related laws.

The media termed these actions: a new pact. Based on the foregoing agreement, diverse laws favoring governance were sanctioned, i.e. national budget. Non-official congress members admitted that, since Venezuelan cooperation was not included in the budget, government was not obliged to report on its budget lines, further stating that cooperation should be part of the budget and the opposition block dissolved.

The new pact sustained the political action of President Ortega. His attendance to National Assembly, accompanied by ministers and CPC members, without opponents, legitimized the First Lady, Rosario Murillo, in her new position as the Presidency’s Minister, which is banned by law. According to Ortega, Murillo therefore holds government functions “de facto”. Murillo also functions as coordinator of the CPC, executive secretary to the Economic and Social Planning Council, and is invested with 50% power in the Administration, according to President Ortega. The new pact ensured the continuity of political actions with Venezuela. Ortega’s comment: “without Venezuela’s oil, Nicaraguan economy would have collapsed already” was accompanied by the interest in promoting agro-export projects in order to increment exports to Venezuela. In previous days, he had announced that programs for social and public works would be financed with Venezuelan cooperation. On the other hand, the agreement between state corporation Petronic and Esso Standard Oil for the sale of a distillery owned by the transnational favored the import, storage and marketing of Venezuelan oil. Discussions in parliament on this cooperation did not modify its course of action.

Alemán did not question these actions and shared the public scenario with his right-wing opponent. His party and the bench of legislators accepted the solutions contained in the new pact and the possibilities for negotiation. A right-wing electoral alliance materialized after a long process. Alemán officialized Eduardo Montealegre as the candidate running for the municipality of Managua but the “electoral alliance” experienced several crises. In the meantime, the Electoral Supreme Court left the conservative party and Movimiento de Renovación Sandinista out of the race and the liberal benches of the National Assembly accompanied electoral polarization by blocking the ratification of institutional positions.

Municipal Elections

Elections held on November 9 involved 3,400 candidates running for mayors, assistant mayors, town councilors and deputies of five political parties participating in the electoral contest, which was polarized between alliances organized by the PLC and the FSLN, the almost four million Nicaraguan citizens convoked to an election that had become a plebiscite on the administration of President Ortega.

Adding to pre-electoral violence, President Ortega predicted possible outbursts of violence during the elections, as “those who feel they have lost” were designing plans to destabilize, further stating that he had ordered National Police “not to allow any act of provocation”. He accused the written press of provoking violence “through their headlines”, a situation that he termed “absurd”. Churches asked for participation and an environment of respect, peace and civil maturity. The Promoter Group of Electoral Reforms urged electoral authorities to approve accreditation of local observers but the CSE did not authorize national observers.

A controversial environment ensued as the aftermath of elections. The third preliminary report from the CSE favoring the FMLN candidate in Managua was not recognized by the PLC alliance. It called the electoral process “a clear-cut fraud" and asked the international community to provide support in order to appoint “fully credible” national and international observers to revise the votes. Escalating the controversy were declarations from Luis Benavides, CSE liberal magistrate, who stated that elections evolved in a “dark and shady environment” plagued with “incompetence and tricks” that impaired the credibility of results.

An environment of mistrust settled in as a result of the foregoing situation. Non-governmental organizations, acting as electoral observers, confirmed irregularities in the elections. In the face of these declarations, Alianza PLC requested a new counting of the acts. The FMLN was again the winner in Managua with Alexis Argüello obtaining 51% of the votes over 46% for Eduardo Montealegre from Alianza PLC.

Finally, the CSE granted 105 municipal governments to Frente Sandinista, hereof 13 corresponded to departmental capitals. The alliance of Partido Liberal Constitucionalista obtained 37 municipal governments, hereof three departmental capitals. Alianza Liberal Nicaragüense would take on four municipal governments. Wilfredo Navarro, legal representative of Alianza PLC, filed an appeal before the CSE demanding revision of electoral results in 146 municipalities of the country. Liberals affirmed to have the scrutiny act, as well as evidence and signed declarations, adding that manipulation had taken place in every municipality. “We do not accept it”, stated Montealegre. In many cities, an atmosphere of distrust generated violence.

In the next few days, President Ortega, accompanied by Argüello and FMLN high-ranking officials, indicated that - in order not to “bend” the Constitution - he had signed a decree to “recognize the legitimacy of the electoral process from the onset (…), as well as final results conveyed through the proclamation of the elected”, adding that “he fully rejects the proposed bill signed by 41 congress members to declare municipal elections void”. The PLC affirmed not to have negotiated with the FSLN and rejected any intention to reform the Constitution in order to allow for presidential re-election. The party’s National Executive Committee expelled the magistrates who had endorsed CSE final results.

President Ortega denounced before the Organization of American States that the Secretary General of said organization, José Miguel Insulza, supposedly intended to “destabilize” the country through his statement on electoral anomalies. Nicaraguan events had a strong impact on the OAS and national economy. European cooperation for budget support ceased, and US donation through the Challenge for the Millennium Account was officially frozen. The US State Department’s spokesman urged relevant authorities to count again the votes “in the presence of international observers” in the face of “widespread denunciations of electoral fraud”. The Board of Cooperating Agencies urged authorities to promote methods for the application of remedial actions. The European Commissioner of Foreign Relations, Benita Ferrero-Waldner, expressed her willingness to support the development of new elections if that would be a possible solution to the post-electoral conflict. Violence continued, and demonstrations from opposing parties were repressed by sympathizers of the official party under the slogan “the streets belong to the Sandinistas”, urging their supporters not let the others take the streets away from them.

President Ortega acknowledged that the European Union had frozen the budget allocations, as well as the “partial” impact of the Challenge for the Millennium Account. He also recognized that the budget deficit has increased and proposed Venezuela’s assistance as the only alternative to solving the situation ensuing from the cooperation’s frozen funds.        

A new pact

The serious political and social controversy led to a new pact. The first step was to revoke the verdict concerning the relatives of former President Arnoldo Alemán. In the face of these rather delicate circumstances, the former president demanded dismissal by the Judicial Branch but denied that, in exchange, he was negotiating the Board of Directors’ control over parliament in favor of Frente Sandinista, further stating that he was the victim of political blackmail by the FSLN, currently in control of the Judicial Branch.

On Thursday, January 15, Alexis Argüello held the first municipal session with recently appointed municipal authorities, and took on the Municipal Government of Managua. The CSE swore in mayors and councilors assuming their positions.

An important measure of the new pact was the definitive freedom of Alemán. The Criminal Branch of the Supreme Court of Justice revoked the verdict of guilty condemning Alemán to 20 years behind bars and superseded him from corruption offenses against the State. It was further expressed that he was superseded from other related actions or offenses derived from and related to the present facts, and any other person investigated and involved in the present facts or related offenses derived from and related to current facts, which had been turned down by the Public Ministry. The Public Prosecutor of the Republic, Hernán Estrada, affirmed that Alemán still had pending matters with national and international justice and showed the state of cases pending in court, which were not included. Alemán immediately announced his presidential candidature for 2011 and did not discard his support to constitutional reforms or the fact that “it means that he is in favor of reelection”.

On the other hand, Alemán facilitated the formation of the Board of Directors of National Assembly, elected by 65 votes out of a total of 92, which passed several laws. The Annulment of Elections bill was not dealt with, and a PLC congress member issued vote No. 47, allowing for quorum and securing development of plenary sessions. Another effect of the new pact was a new debate on a constitutional reform. The Vice president of the Judicial Branch, Rafael Solís from the Sandinista Party, stated that a parliamentary system “may operate a plan to alternate between liberals and sandinistas in power, “if and when” both parties reach consensus on the management of public administration. This would, for instance, present Ortega and Alemán with the following situation: “one would hold the Presidency and the other control National Assembly (parliament)”. PLC presented a document-commitment not to back up constitutional reforms that would bring about change in the current political government system or presidential re-election but would “open” the possibility of modifying the Magna Charta in that which relates to the minimum percentage of votes needed to elect the president. The proposal was rejected by non-governmental organizations but, in an interview aired in Al Jazeera, Ortega expressed his interest to be reelected for the next presidential period. “If conditions allow, yes, I would run again for president and, if not, then it would be fine with me to act as first minister and then run again for president”, he declared.

Caribbean elections

The atmosphere surrounding municipal elections in the North Atlantic Autonomous Region in January 18 was tense. The Electoral Supreme Council reported that the FSLN obtained 4 municipal governments. Partido Liberal Constitucionalista won two municipal governments and indigenous Yatama one. Abstention reached 42%. The announcement generated inconformity among opposing parties and indigenous Yatama, who strongly refused to recognize the official party’s victory. In its final report, the Institute for Development and Democracy indicated that popular will, as expressed in the ballot box, had been respected.

Austerity and savings plan

President Ortega announced reduction of the General Budget for 2009, as part of the measures planned to face the effects of the world’s economic crisis, including loans to diverse organisms and banks and reduction of current expenses. He announced the opening of new markets and reestablishment of relationships with foreign cooperation agencies in order to sustain financial reserves. But the Board of Cooperating Countries made known that it would keep its assistance to Nicaragua partially frozen until such time as “persisting doubts” about electoral results are clarified.

Denunciations from magistrates

While reelection of magistrate Roberto Rivas, President of the Electoral Supreme Council (CSE), was being suggested, a serious denunciation against the CSE magistrate was filed. José Marenco Cardenal expressed what the opposition and civil society had denounced prior to November elections: an electoral fraud involving conspiracy between Frente Sandinista de Liberación Nacional and Partido Liberal Constitucionalista. As a result of this denunciation, the PLC recognized an action against Montealegre taking place prior to the elections at which time he was stripped from legal representation of Alianza Liberal Nicaragüense. According to the PLC, Marenco was responsible for this action.

Serious accusations from Marenco Cardenal forced an explanation from PLC high-ranking officials. It was indicated that magistrate Marenco’s confirmation of electoral fraud in conspiracy proves the decay of national institutionality and calls for restructuring state institutions.

Marches

February 28-2009 was a day of political marches in Nicaragua. On February 28, organizations agglutinated in Unión Ciudadana por la Democracia (UCD) gathered to protest about the “serious political situation of Nicaragua”. They had collected more than 130 thousand signatures and brought them to international instances and the Episcopal Conference of Nicaragua. They organized simultaneous “blue and while” marches in Managua and various municipalities to demand respect for the Political Constitution, the Rule of Law, revision of electoral acts, free association, mobilization and civil expression. NGOs stated that fraud had taken place in at least 30 municipalities and, in the case of Managua, they considered that the candidate of Alianza PLC, Eduardo Montealegre, was the winner. Problems arose owing to the presence of FSLN supporters who, in some cities like Managua, confronted UCD demonstrators and attacked them while government promoted the beginning of the celebration of the 30th anniversary of the Sandinista Revolution, coinciding with marches announced by Unión Ciudadana por la Democracia. Various sectors of the society felt that President Ortega’s decision to rally its supporters to mobilize was “an act of recklessness” or a “provocation”. During the act, President Daniel Ortega urged his supporters not to demobilize as they “must win” the 2011 national elections, calling its opponents “enemies” intent on overthrowing him, and encouraging permanent mobilization.

Proposals

Eduardo Montealegre proposed the realization of a referendum for annulment to President Ortega in order to allow the Nicaraguan population to express their wishes with respect to the President’s continuity in power. The Promoter Group of Electoral Reforms presented a proposal to modify “the gaps and obvious imperfections in the Electoral Law, which must be corrected in order to allow Nicaraguan citizens to better express their will”. In the meantime, in his meeting with European Union Commissioner, Benita Ferrero, Chancellor Samuel Santos presented a proposal to reform the electoral and judicial systems with a view to recuperating financial cooperation. PLC Honorary President, Arnoldo Alemán, said that the magistrates of said party in the Electoral Supreme Court would not remain in their positions after their terms conclude next year, adding that magistrates would be chosen according to political parties’ themes.

Launching again national dialogue

In the aftermath of strong social tension, President Ortega announced a national dialogue with all sectors to face the national economic crisis and the effects of the world crisis. The head of state opened conversations in March 11 and recognized the urgency of concerted action in order to approve determining bills, such as the tax reform bill. He indicated that “it will involve the political forces in National Assembly” but reiterated that election results “are not negotiable” and that officials must promote dialogue “with dignity and respect” with all those who are willing to cooperate with Nicaragua without “setting conditions”. At the meeting with President Ortega and the Superior Council of the Private Sector, it was decided to create a “follow up commission” that would discuss private sector proposals and seek solutions thereof, mostly to reach consensus on an economic agenda in order to prevent a situation where the partisan political agenda could overshadow economic and social demands. He raised the need for electoral reform and the possibility of a constitutional and tax reform.

Source: Nicaraguan written press.

Author: Gabriel Pedro Zinzoni. Updated: July 2009.