Nicaragua: IACHR condemns constitutional amendments that eliminates democratic checks and balances

November 27, 2024

Washington, D.C.- The Inter-American Commission on Human Rights (IACHR) condemns the approval of the amendments of the Political Constitution of Nicaragua that modifies more than one hundred articles. These amendments, approved by the National Assembly on November 22, 2024, consolidates an authoritarian regime in the country and constitutes another serious setback for human rights and democratic principles.

Among the most worrisome changes, the amendments establish a model of "direct democracy" that centralizes power in the Presidency of the Republic, now headed by a Co-President and a Co-President with six-year terms. This model eliminates the principle of separation of powers, further subordinating the legislative, judicial, and electoral bodies to the control of the Executive. In addition, it grants the Executive Branch discretionary powers to dismiss public officials who fail to align with the "fundamental principles" outlined in the amended Constitution.

Additionally, the amendments reinforce the Executive's control over the armed forces and police, ensuring a repressive apparatus that threatens fundamental rights such as freedom of expression, protest and association. In particular, it facilitates the use of the military under ambiguous terms such as "the stability of the Republic" to suppress the opposition. Likewise, the Voluntary Police, an auxiliary body composed of volunteer citizens, whose performance has been linked to repressive acts since the protests started in 2018, is made official. These measures consolidate an environment of militarization and social control, deepening the regime's ability to stifle any dissent.

Other concerning aspects of the amendments include the reduction in the composition and the alteration of the functions of the Supreme Court of Justice, further deepening its lack of independence. The amendments also expand the powers of the Executive to arbitrarily strip Nicaraguans of their nationality and, at the same time, confiscate their assets. This practice has been used as a tool for political persecution.

The IACHR warns that these modifications contravene the fundamental principles of the rule of law, representative democracy and the separation of powers established in the Inter-American Democratic Charter. The amendments formalize the absolute concentration of power in the Executive. A process extensively documented by the IACHR in its report Concentration of Power and Weakening of the Rule of Law, which identified the breakdown of democratic principles and the subordination of all public institutions since the 2018 human rights crisis.

The IACHR recalls that the relationship between human rights, rule of law and democracy is enshrined in the Inter-American Democratic Charter, which establishes that "the peoples of the Americas have the right to democracy and their governments have the obligation to promote and defend it". Representative democracy is the basis of the rule of law and constitutes an essential element for the political, social and economic development of the nations of the region.

In this context, the IACHR urgently calls on the international community to redouble its efforts to promote the restoration of democracy in Nicaragua. It also urges the adoption of coordinated and effective measures to protect the fundamental rights of the Nicaraguan people and safeguard democratic principles in the region.

The IACHR reaffirms its commitment to promote and protect human rights and will continue to closely monitor the situation in the country, while maintaining its solidarity with every Nicaraguan person inside and outside the national territory.

The IACHR is a principal, autonomous body of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.

No. 295/24

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