Nicaragua
Nicaragua exhibits low performance across all categories of the Global State of Democracy framework. Over the past five years, Nicaragua has declined further in numerous factors of Representation, Rights, Rule of Law and Participation, notably, in Credible Elections, Free Political Parties, Elected Government, Civil Liberties and its related subfactors, and Judicial Independence. Nicaragua is classified as a lower middle income country, with an economy significantly dependent on the services sector, manufacturing and agriculture. The country ranks as the poorest country in Central America.
Democratic decline in Nicaragua dates to the 2000 ‘impunity pact’ between President Alemán (from the Partido Liberal Constitucionalista, PLC) and Daniel Ortega (from the Frente Sandinista de Liberación Nacional, FSLN), which allowed both parties to dominate public offices, undermining checks and balances. Ortega increasingly consolidated his regime with initial support from the army, the business sector, and international and transnational actors, including financial support from Venezuela, Russia and China. Since then, institutions have been co-opted and used to silence opposition members, civil society and journalists and even restrict cultural expression. Electoral reforms facilitated the FSLN’s hegemonic control of government institutions. The judiciary has been weaponized to target opposition and critics, stripping over 300 members of the opposition of their citizenship. In 2022, “La Prensa,” the oldest newspaper in the country, was forced to close its offices. The regime has also targeted the Catholic Church, which it has accused of backing the 2018 protests and of promoting political dissent, as illustrated by the arrest of several priests and the closure of Catholic television and radio channels in 2022. The starkness of human rights violations in Nicaragua led a UN expert group to find that they constitute crimes against humanity, particularly that of persecution on political grounds.
Nicaragua’s population is mostly Mestizo, with Black, Indigenous and White minorities. The Ortega regime’s actions have also had consequences for the government’s relations with Indigenous peoples and other minorities. Nicaragua is home to seven different Indigenous peoples. However, these communities constantly face several challenges, from discrimination to the invasion of their lands and illegal exploitation of natural resources by mining, cattle and logging companies. Afro-descendants have also been affected by land grabbing and invasion, with the IACHR denouncing attacks and calling for justice and the respect of communal properties. The government has failed to protect these communities, and in some instances has promoted the purchase of these lands and access by private companies. The government has also targeted LGBTQIA+ advocates.
Women currently hold over half of the seats in Congress. While the adoption of Law 1070 in 2021 led to some progress in strengthening women’s political equality by integrating gender parity in several public organs, it also severely restricted electoral competition. Furthermore, women’s access to health and education is impacted by the country’s absolute prohibition of abortion.
Looking ahead, it will be important to watch Nicaragua’s performance in Representation, particularly with regard to Credible Elections, given the FSLN’s domination in politics and the repression of opposition. Furthermore, it will be critical to observe developments in Rights, and the work that international and local human rights organizations – such as the OHCHR, IACHR and the Nicaraguan Center for Human Rights (CENIDH) – carry out to monitor the continued and grave human rights violations. Freedom of Expression and Freedom of the Press are other aspects to watch, given initiatives in the Legislature to implement further restrictions, particularly in online content.
Last Updated: September 2024
https://www.idea.int/democracytracker/
May 2025
Constitutional amendments will end dual nationality
On 16 May, the National Assembly passed executive-initiated amendments to the constitution, which strip Nicaraguans of their nationality, if they acquire a second nationality. The move has been justified by the Ortega-Murillo government as a consequence of the alleged dissolution of the legal and moral link between Nicaraguans and their country when they pledge loyalty to another country. The new provisions do not state if the measure will be applied to those who already possess multiple nationalities, or if other measures will be taken against those affected; however, the Assembly’s president said it would not be enforced retroactively. Nicaraguans living in exile, who have already been deprived of their nationality for their dissidence, have had assets confiscated. The amendments will need to be ratified in the next legislature to enter into force.
Sources: DW, El Pais, Infobae, Asamblea Nacional (1), Asamblea Nacional (2)
Judicial orders will require National Police approval
On 4 May, the National Police issued a memorandum to the judiciary, in which it asserted that certain judicial orders will require the approval of the head of the National Police before they are enforced. These include warrants related to arrests for certain crimes (fraud, scams and offenses relative to property) and certain judicial-approved procedures, such as embargos, evictions and debt-related asset repossession. The measure further undermines judicial independence, as it subordinates judicial orders to National Police approval.
January 2025
National Assembly ratifies constitutional amendments that establish Ortega-Murillo ‘co-presidency’
On 28 January, the National Assembly ratified a package of constitutional amendments that further executive aggrandizement in Nicaragua. They include the establishment of the role of ‘co-presidents’, which the Assembly claims is aimed to fully guarantee women’s political participation on equal terms with men (one co-president is to be a man, and one a woman), along with other provisions on the subject. The amended provisions also extend presidential terms from five to six years and acknowledge that co-presidents Daniel Ortega and Rosario Murillo (Ortega’s wife and current Vice-President) will coordinate the legislative, judicial and electoral bodies (among others). The package, initially approved in a first reading in November, also enhances the role of the military, codifies deprivation of citizenship as punishment for crimes such as treason, and effectively excludes opposition members and those in exile from running for co-president, by establishing a six-year residency requirement for candidates.
Sources: Asamblea Nacional, CNN, International IDEA
November 2024
Constitutional amendments to give more power to the Ortega-Murillo regime
A package of Executive-initiated constitutional amendments was approved in a first reading by the National Assembly. The amendments would give more power to President Daniel Ortega and elevate the position of Rosario Murillo (Ortega’s wife) from Vice-President to Co-President. The amendments formalize in the constitution the aggrandizement of the co-presidents’ power over other branches of government and electoral bodies. They would also extend the term of presidency from five to six years, adopt the flag of the ruling Frente Sandinista de Liberación Nacional (FSLN) party as a national symbol, enhance the role of the military and enshrine in the constitution the ability to strip Nicaraguan nationals of their citizenship as a sanction for crimes such as treason. The package of amendments needs to be ratified by the National Assembly next year (as constitutional amendments need to be approved in two legislatures) but are expected to pass as early as January.
Sources: Voz de América, CNN, The Guardian, DW
September 2024
Legislature passes amendments to further silence critics
The National Assembly passed executive-initiated amendments to the criminal code and legislation on cybercrime and financial analysis. The amendments further criminalize dissidence, enabling the prosecution of vaguely-described illicit acts such as crimes against national security and public administration, including when committed through social media and by nationals and foreigners outside Nicaraguan territory. The amendments broaden who can be prosecuted, including people who “facilitate” crimes. Harsher prison sentences and the confiscation of assets were also introduced. Experts note the express criminalization of conduct on social media could induce a chilling effect, which will be compounded by the threat of ‘transnational’ prosecutions. Notably, an amendment to the Financial Analysis Unit bill will scrutinize citizens living abroad who send remittances to Nicaraguan beneficiaries and the beneficiaries themselves, a circumstance that particularly imperils family members of exiled critics of the regime.
Sources: Asamblea Nacional de Nicaragua (1), Asamblea Nacional de Nicaragua (2), El Pais (1), El País (2), Infobae
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