Newsletter # 21 | The illegitimacy of the “new Constitution” and the deepening of the usurpation of power

The recent approval of what the regime of Daniel Ortega and Rosario Murillo call “partial reform” constitutes a flagrant violation of the legal framework established in the previous Constitution and Law 606, Organic Law of the Legislative Power. This alleged partial reform, which in reality is total, was approved without respecting the procedures foreseen for a reform of this type, which makes it an unconstitutional and legally null and void act.

According to the Constitution and Law 606, any reform must follow a strict procedure that guarantees transparency, respect for the principle of legality and democratic participation. Specifically, it requires an initiative formulated by the Executive or the legislature, accompanied by a process of deliberation and discussion in the National Assembly, including a period of consultation and review. The latter did not follow this procedure and what was approved, due to the number of articles affected and the change in the model of organization of the State, implies the elaboration of a “new Constitution”.

This omission constitutes a serious violation of the fundamental principles of constitutional law. Therefore, it lacks valid legal effects. Consequently, it is null and void from its origin and should have no effect in the Nicaraguan legal system.

The flaws in the approval process of this reform deepen its illegitimacy and legally invalidate the modifications introduced in the text and the model of power it attempts to consolidate. The reform has neither legitimate constitutional support nor that of popular sovereignty. Consequently, the regime continues to act outside the legal framework, consolidating an authoritarian and centralized system.

It aggravates the usurpation of power

Likewise, this unconstitutional reform aggravates the usurpation of power by Ortega and Murillo, annihilates the stability of the legal order and confidence in the institutions. Extending the mandate and transforming Murillo from vice-president to co-president, is equally illegal. It drags and deepens the illegitimacy of Ortega’s reelection in 2011, which contravened a constitutional prohibition.

On the other hand, the entry into force of this “new Constitution” implies the adoption of a totalitarian model that eliminates the principles of the rule of law. With its approval in the second legislature, they intend to formalize a political system that strips democratic institutions of their autonomy, concentrates power in the figure of the “Presidency”, without the necessary counterweights of democratic states for the legitimate exercise of power.

Furthermore, the implementation of secondary reforms and the approval of complementary laws and regulations, to adjust the regulatory framework to this “new constitution”, are an attempt to create the appearance of legality. Through these “adjustments”, the regime intends to disguise the consolidation of a repressive and authoritarian model to perpetuate itself in power.

The “new Constitution” implies the concentration of power, seriously violates the fundamental rights of citizens and Nicaragua’s obligations under international law.

It lays the foundations for a dynasty

By converting the powers of the State into entities coordinated by the co-presidents, without real opportunities to appeal against arbitrariness, they eliminate the constitutional guarantees that protect individual freedoms and rights, and lay the foundations for a dynastic and repressive regime without precedent in the constitutional history of the country. This deepens the institutional crisis and demonstrates the regime’s contempt for the legal system and the fundamental rights of the population.

Consequently, the struggle for the restoration of the rule of law and the defense of human rights remains imperative. This act of usurpation of power, under the cover of a new Constitution, must not be accepted as legitimate. Resistance to this change is essential to recover the sovereignty and dignity of the people.

We Nicaraguans must make common cause with Venezuelans and Cubans, to confront the usurpers of power who constitute a self-supporting mafia group. History will sooner or later judge the betrayal of the homeland and the imposition of systems that lack legitimacy.

For the Nicaraguan Democratic Concertation (CDN), it is useless for the codictators to highlight security and peace in the fundamental principles of their Constitution, since the greatest threat to stability stems from their usurpation of power. Furthermore, it is contradictory that the new Constitution qualifies as a traitor to the homeland anyone who expresses his commitment to democracy and freedom, ignoring that the true treason is to illegitimately attribute to himself the representation of the sovereign, denying him his right to elect through the vote.

What the U.S. textile sector did not say

A few days ago, the Office of the United States Trade Representative’s (USTR) investigation into Nicaragua’s acts, policies and practices related to labor rights, human rights and the rule of law, under Section 301 of the Trade Act of 1974, concluded the stage of receiving written and oral testimonies.

Of the 150 written comments received, eight are from U.S. textile industry companies and organizations with a presence in Nicaragua, two are confidential and the rest are public.

From the Nicaraguan Democratic Concertation (CDN), we would like to clarify some details that were omitted by these organizations and companies in their public testimonies. 

In the first place, they show concern for the jobs generated by the textile and apparel industry and for their stability, which is commendable. But these are not the only jobs in the country. There are eight other activities with active affiliates in Social Security and together the nine represent formal employment. In our case, the concern is for jobs in all sectors, not just one.

Statistics invalidate arguments

If we look at the full picture, as of November 2024, official reports reflect that in the last six years manufacturing industry employment grew by 6 %, which is equivalent to about 10 thousand jobs, but this is the only activity that shows a slight growth. In the same period total formal employment fell by more than 12 %, 107 thousand jobs were lost.

In their testimonies they also did not mention that Nicaragua before 2018 is very different from today. According to statistics between 2011 and 2017 the manufacturing industry grew 21 %, almost three times more than in the last six years. That’s 30 thousand jobs versus 10 thousand. In addition, between 2011 and 2017 total formal employment grew 58 % compared to 12 % in the last six years. That implies that 336 thousand formal jobs were created versus 107 thousand lost in the last period.

The statistics contradict another of the arguments of these testimonies that assures that the work generated by the sector reduces migratory pressures. The reality is that the human rights crisis that has been registered since 2018, reduced formal employment and caused the largest migration crisis in history. The sector could not stop the exodus of human capital. It is estimated that about 12% of the population, which is equivalent to about 900 thousand Nicaraguans, have migrated and these companies know this reality.

Nicaragua is facing a political crisis that is worsening every day and fading positive expectations. However, it seems that these organizations and companies do not care about the cost to the country if they continue to sell their products and make profits.

They ignored other complaints 

In their testimonies they also ignored the complaint presented to the International Labor Organization (ILO) by delegates of the International Organization of Employers (IOE), for Nicaragua’s non-compliance with Conventions 87, 98, 111 and 144. These violations include, among others, the closing of all business organizations and the disrespect for labor rights.

One of the closed unions is the Nicaraguan Association of the Textile and Clothing Industry (ANITEC), an entity from which these organizations and companies benefited for many years and now instead of demanding its reinstatement, they use its closure to justify that it is better to do nothing and allege that if the USTR imposes punishments, these would reinforce Daniel Ortega’s control over power and worsen violations of human and labor rights and the rule of law.

In the same vein, they argue that imposing any punishment would benefit Asian countries that compete with them in the market. But they do not mention that China has already arrived in Nicaragua and is unfairly competing with companies in their sector, as denounced before the USTR by Milliken & Company.

In addition, the “new Constitution” approved by Ortega contemplates the creation of special development regimes, which is the approach that China uses to appropriate the countries where it arrives.

Finally, from the CDN we cannot fail to warn that a country without human talent, judicial security, democratic principles, rights and freedoms, fails to attract the investment and capital necessary to grow. This, sooner or later, will irremediably affect trade relations, employment generation and the development of markets between Nicaragua and the United States.