PANAMA CITY (30 January, 2025) – The Regional Office for Central America of the United Nations High Commissioner for Human Rights (OHCHR) expresses its deep concern over the approval today of the constitutional reform in Nicaragua presented in November 2024 by President Daniel Ortega.
The constitutional reform further concentrates power in the Presidency, which will now coordinate the legislative, judicial, and electoral bodies, while eliminating the article that explicitly guaranteed the separation of powers, along with the reference to political pluralism. Furthermore, the reform restricts freedom of expression and press based on vague and undefined criteria of welfare, eliminates the right to strike, weakens essential procedural guarantees such as the right to be informed of charges and to have adequate defense, and removes the explicit prohibition of torture.
The text was unanimously approved, with no abstentions or votes against, by the 91 members of the National Assembly with no opposition.
On 22 November 2024, Volker Turk, the UN High Commissioner for Human Rights, had urged legislators to reject the reform due to serious human rights concerns. In his statement, he emphasized that this reform “will sound the death knell for fundamental freedoms and rule of law in Nicaragua, further eroding the already deeply fragile remaining checks and balances on the executive.”
According to Andrés Sánchez Thorin, the acting representative of OHCHR for the region, these changes could severely affect the guarantees of free and fair elections in line with international human rights standards. “Political pluralism is an essential guarantee for citizens to freely choose their representatives. People must be free to support or oppose different political options without fear of manipulation or undue influence that affects their autonomy,” he stated.
OHCHR is also concerned about provisions allowing for the loss of nationality due to the crime of treason, which is defined in broad terms, institutionalizing the existing practice of stripping individuals considered political opponents of their nationality, leaving them stateless. The reform, along with laws passed in the final months of 2024, strengthens both national and transnational control and repression mechanisms against individuals and organizations.
In defense and security matters, the reform grants the Presidency the power to order military interventions without further oversight. It also elevates the already existing Voluntary Police to a constitutional level within Nicaragua’s legal framework and creates patriotic reserve military forces, mostly composed of «volunteer» civilians. Regarding the Voluntary Police, the Office of the High Commissioner for Human Rights has documented in its reports the involvement of this entity in serious human rights violations.
OHCHR reiterates that the approved constitutional reform violates the international obligations assumed by Nicaragua and urges the State to review it to guarantee the separation of powers, political pluralism, and fundamental freedoms, in line with the international commitments undertaken by the country.
Additionally, OHCHR reiterates its willingness to offer technical assistance to the Nicaraguan authorities, supporting them in incorporating international human rights standards.