America

What scope do the constitutional reforms in Nicaragua have that strengthen the power of President Ortega and his wife?

FILE - Nicaraguan Vice President Rosario Murillo makes the V sign during a rally commemorating the 40th anniversary of the takeover of the National Palace by Sandinista guerrillas before the triumph of the revolution, in Managua on August 22, 2018.

Nicaragua will become the only country in Latin America to have a shared government model between two people, both with the title of co-president and the same power, after the approval of one of the greatest constitutional reforms in the history of the Central American nation.

The changes to the Nicaraguan Constitution have been criticized by experts, activists, organizations and countries such as the United States. The general secretary of the Organization of American States (OAS) warned that the current president Daniel Ortega, with more than 15 consecutive years as head of state, seeks to inherit power from his wife and vice president Rosario Murillo.

“The ‘reform’ document is illegitimate in form and content, it merely constitutes an aberrant form of institutionalization of the matrimonial dictatorship in the Central American country and is a definitive attack on the Democratic Rule of Law,” the OAS said in a note. of press.

In addition to the possibility of guaranteeing the continuity in power of the Ortega-Murillo couple and a succession of the vice president in the presidential chair, there are also other elements that draw attention in this package of reforms, approved by a Nicaraguan Parliament dominated by the ruling Sandinista Front.

Two presidents for six years

Article 133 of the Nicaraguan constitutional amendment establishes that “the Presidency of the Republic will be made up of a co-president and a co-president, who are elected by universal suffrage, that is, votes.”

Previously in Nicaragua a president and vice president were elected. The figure of the second in government now disappears after the approved changes.

Article 135 of the recently reformed Magna Carta now specifies that “the co-president and the co-president will exercise their functions for a period of six years, which will be counted from their taking office.” The changes extend the presidential mandate – until now five years – for another twelve months.

According to the new provisions, both co-presidents will have the same functions and will be able to appoint or dismiss ministers, as well as call extraordinary sessions and sign decrees. In turn, they may appoint vice presidents, without specifying the number.

FILE – Nicaraguan Vice President Rosario Murillo makes the V sign during a rally commemorating the 40th anniversary of the takeover of the National Palace by Sandinista guerrillas before the triumph of the revolution, in Managua on August 22, 2018.

“The model that Ortega is applying is a model that had only been seen in the Middle Ages with kings who had arrived by force and were maintained by force, which is what Ortega does. It is totally incompatible with democracy as we know it,” he told the Voice of America the political analyst and former deputy Eliseo Núñez.

The title of co-president had been informally transferred by Daniel Ortega to his wife and vice president. Rosario Murillo in February 2023. Experts then warned that it was a dynastic succession underway.

Disappearance of the independence of powers

President Daniel Ortega also requested that the reforms establish that the Presidency of the Republic would coordinate the Legislative, Judicial, Electoral and control bodies of the Public Administration, thereby effectively disappearing the independence of the powers of the State. established verbatim in the Constitution before the changes.

Former Nicaraguan representative Eliseo Núñez said that this is the most important point of the constitutional reform promoted by Ortega.

“The disappearance of the powers of the State and calling them organs, is for me the essence of this reform. Everything else is part of what they have been applying, but disappearing the powers of the state and creating an entity that regulates them all, It is perhaps one of the strongest things you can find in this reform,” he highlighted.

Flag of the ruling party will be a “national symbol” and there will be media inspection

Among the constitutional amendments, it was also established that the red-black flag of the ruling Sandinista National Liberation Front (FSLN) party be considered a national symbol, on par with the blue and white flag of Nicaragua.

Although it was not officially established, since Ortega assumed power in 2007, the official flag is used in all government activities.

On the other hand, a reform was added to the code related to freedom of the Nicaraguan press. In Article 68 of the Nicaraguan Constitution, a new clause now stipulates that the State will ensure that all media outlets do not respond to what they consider “foreign interests” or spread “false news.” something that did not exist in the previous Magna Carta.

Ortega will have the power to use the Army in the event of demonstrations

Article 94 of the constitutional reform establishes that “the Presidency of the Republic may order the intervention of the Nicaraguan Army in support of the National Police, when the stability of the Republic requires it.”

Some experts assure that this change leaves open the possibility that the government orders the intervention of the Army in the event of any threat to its power.

Nicaragua has been experiencing a political crisis for more than six years. Since then, there have been protests against the Ortega government, which describes its opponents as traitors and agents of imperialism. Those who oppose Managua face prison, exile and the stripping of their nationality.

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