nicaraguan translators

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Prohibida la reproduccin 1

Copyright 2012 By Rolando Ernesto Tellez

Updated up to 2013. All rights reserved. This document may not be

printed, distributed, or transmitted, including electronic devices to record

or any other method.

Quedan todos los derechos reservados del autor. No se podr reproducir,

distribuir o transmitir este libro de ninguna manera. Para distribucin y

pedidos al por mayor, dirjase al telfono o correo electrnico a

continuacin.

Translator Rolando Ernesto Tellez

International Gegense Books

Semforo de la Nicarao, 7 cuadras al Sur

Managua, Nicaragua, Central America

Tel. (505) [email protected] [email protected]

First Edition 2012

Revised by Alfredo Daz Vlchez, Attorney and Professor of English

Cover design by Diana Carolina Tellez Chavarra

ISBN:978-99964-0-133-6

Printed at Serfosa, Managua, Nicaragua


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CONTENTS PAGE

Foreword 3

POLITICAL CONSTITUTION OF NICARAGUA 4TITLE I Fundamental Principles 6TITLE II The State 7TITLE III Nicaraguan Nationality 9TITLE IV Rights, Duties, and Guarantees (Civil Liberties)

of the Nicaraguan People 10Individual Rights 10Political Rights 16

Social Rights 17Family Rights 19Labor Rights 21Rights of the Communities on the East Coast 23

TITLE V National Defense 23TITLE VI Nicaraguan Economy, Agrarian Reform,

and Public Finances 25Nicaraguan Economy 25

Agrarian Reform 27Public Finances 28

TITLE VII Education and Culture 30TITLE VIII Organization of the State 32

General Principles 32Legislative Branch 34Executive Branch 42Comptroller Generals Office of the Republic 49

The Judiciary (Judicial Branch) 50Electoral Branch 53

TITLE IX Political-Administrative Division 56Municipalities 56Communities on the East Coast 59

TITLE X Supremacy of Constitution, Its Amendment 60Political Constitution 60Constitutional Control 60

Constitutional Amendment 61TITLE XI Final and Transitional Provisions 62


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Foreword

THE POLITICAL CONSTITUTION IS THE LEGAL REFERENCEOF A COUNTRY IN WHICH INVESTORS PLAN TO DOBUSINESS. ALSO, THIS REFERENCE BOOK IS USED BYATTORNEYS, INVESTORS, LEGAL ADVISORS, ANDUNIVERSITY STUDENTS.Thus, I decided to translate and makethe updated Nicaraguan Political Constitution available toindividuals, NGOs, and companies.

You may pay some attorneys fees for a few legal questions whichmay be found in this Political Constitution and its Amendments.

It is of upmost importance to read this document to know the legalframework of this country. I feel confident that you may use thisPolitical Constitution to make important decisions, if you areplanning to or you are doing business in Nicaragua.

As a professional experienced translator, I provide an accuraterendition in English of the Nicaraguan Political Constitution and itsAmendments.

The Translator


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TRANSLATION OF THE POLITICAL CONSTITUTION OF NICARAGUA

Year CXIV Managua , September 16, 2010 No. 176

NATIONAL LEGISLATIVE ASSEMBLY (NICARAGUAN LEGISLATURE)

THIS CONSTITUION INCLUDES ITS AMENDMENTS PASSED ANDCONTAINED IN LAW NO. 192, LAW CONCERNING PARTIAL

AMENDMENT TO THE NICARAGUAN POLITICAL CONSTITUTION;LAW NO. 330, LAW CONCERNING PARTIAL AMENDMENT TO THENICARAGUAN POLITICAL CONSTITUTION; LAW 490, PARTIALLY

AMENDING ARTICLE 138, CONSTITUTIONAL CLAUSE 12; LAW 520.LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUANPOLITICAL CONSTITUTION; LAW 521, LAW CONCERNING PARTIAL

AMENDMENT TO ARTICLE 140, OF THE NICARAGUAN POLITICALCONSTITUTION; AND LAW 527, LAW CONCERNING PARTIAL

AMENDMENT TO THE NICARAGUAN POLITICAL CONSTITUTION.

The President of the Republic hereby informs the Nicaraguan people thatafter consulting with the people, the National Legislative Assembly (AN)discussed and approved the following POLITICAL CONSTITUTION (Cn).

PREAMBLE

We, Representatives of the People of Nicaragua meeting at the NationalConstituent Assembly,

Invoke the struggles of our indigenous ancestors; the spirit of CentralAmerican unity and the heroic tradition of our People who, inspired by thedeeds of General JOSE DOLORES ESTRADA, ANDRES CASTRO andENMANUEL MONGALO, destroyed the ambition of the filibusters and theUnited States intervention during the National War; BENJAMINZELEDON'S anti-interventionist deeds; AGUSTO C. SANDINO, Generalof Free People and Father of the Grassroots and Anti-imperialistRevolution; the heroic action of RIGOBERTO LOPEZ PEREZ, whomarked the beginning of the struggle to get rid of the dictatorship; the


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example set by CARLOS FONSECAthe greatest follower of Sandino'slegacywho was the founder of the Sandinista National Liberation Frontand Leader of the Revolution; and the generations of Heroes and Martyrswho forged and carried forward the liberation struggle for nationalindependence.

In the name of

The Nicaraguan people, every democratic, patriotic and revolutionarypolitical party and organization in Nicaragua, the men and women, theworkers and peasants, the glorious youth, the heroic mothers, thoseChristiansmoved by their faith in GODwho committed to and joinedthe struggle for liberation of the oppressed, the patriotic intellectuals, andall others whothrough their productive laborcontribute to the defenseof the nation.

Those who ensure the happiness of future generations by offering theirlives in the struggle against imperialist aggression.

For the establishment of a legal framework to protect and uphold theachievements of the Revolution; building a new society dedicated to theelimination of all forms of exploitation, achieving economic, political, and

social equality for all Nicaraguans; and absolute respect for human rights.

FOR THE HOMELAND, FOR THE REVOLUTION, FOR THE UNITY OFTHE OF THE NATION, AND FOR PEACE.

We hereby enact the following

POLITICAL CONSTITUTION OF THE REPUBLIC OF NICARAGUA


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TITLE 1Fundamental Principles

Only Chapter

Art. 1 Independence, sovereignty, and self-determination are inalienablerights of the Nicaraguan people, and they are foundations of theNicaraguan nation. Any foreign interference in the internal affairs ofNicaragua, or any attempt to undermine these rights is an attack on thelife of the people. Nicaraguans must keep and advocate such rights.

Art. 2 The nations sovereignty belongs to the people, and it is exercisedthrough democratic instruments by freely deciding upon and participatingin the construction and perfection of the nations economic, political andsocial system. The people have political power through theirrepresentatives, who are freely elected by universal suffrage; equal, freeand direct elections and secret ballot, and no other persons or meeting ofpersons may claim such entitlement or representation. This politicalpower may also be exercised by means of a referendum, plebiscite orother procedures as set forth in this Political Constitution and Laws.

Art. 3 The struggle for peace and the establishment of a just world order

are unrenounceable national commitments made by the Nicaraguannation. We, therefore, oppose all forms of colonialist and imperialistdomination and exploitation. The Nicaraguan people are in solidarity withall those who struggle against oppression and discrimination.

Art. 4 The State or Government will promote and guarantee social andpolitical advancement to for the safe of common good, assuming the taskof promoting human development and protecting every Nicaraguan

against any form of exploitation, discrimination, and exclusion.

Art. 5 The principles of the Nicaraguan nation are: freedom, justice,respect for human dignity, political, social, and ethnic pluralism,recognition of different forms of ownership, free international cooperation,and respect for free self-determination of the peoples.

Political pluralism ensures the existence and participation of all politicalorganizations in the countrys economic, political, and social affairs,


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regardless of the ideology, except for organizations intending to re-establish any type of dictatorship or any other antidemocratic system.

The State recognizes the existence of indigenous people. They enjoytheir rights, duties, and guarantees (civil liberties) set out in the

Constitution, particularly those intended to maintain communal forms ofland ownershipenjoyment, use of such lands, that is, everything asprovided by law. This Constitution establishes autonomy in thecommunities on the East Coast of Nicaragua, known as the AtlanticCoast.

Different forms of ownership: public, private, partnership, cooperative,and communal ownership must be protected and encouraged impartiallyin order to create wealth. These forms of ownership in place must fulfill asocial function or role.

Nicaragua's international relations are based on friendship and solidaritybetween peoples and reciprocity between States. Therefore, Nicaraguarefrains from and proscribes every political, military, economic, andreligious act of aggression, including interference in the internal affairs ofother States. It recognizes the principle of peaceful settlement ininternational controversies, using the means provided by international

law. It bans the use of nuclear weapons and other means of massdestruction to resolve domestic or international conflicts. Nicaraguaguarantees asylum for persons facing persecution the grounds of politicalreasons, rejecting any type of subordination of one State to another.

Nicaragua adheres to principles contained in American International Law,which is fully recognized and ratified.

Nicaragua agrees with regional integration, advocating reconstruction ofthe Great Central American Fatherland.

TITLE IIThe StateOnly Chapter

Art. 6 Nicaragua is an independent, free, sovereign, unitary andindivisible State.


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Art. 7 Nicaragua is a participatory and representative democratic republic.It has four Branches of Government: the Legislature, Executive,Judiciary, and Electoral branch.

Art. 8 Nicaraguan people are multi-ethnic, and they form part of the

Central American nation.

Art. 9 Nicaragua strongly defends a Central American unity; it supportsand promotes every effort to achieve political and economic integrationand cooperation in Central America; it also backs efforts to build andkeep peace in this region.

Nicaragua, inspired by the ideals of Simn Bolivar and Sandino, strivesfor the unity of the people of Latin American and the Caribbean.Consequently, Nicaragua, along with other Central and Latin Americancountries, will participate in the creation and election of the bodiesintended to achieve such goals.

This principle shall be regulated by appropriate legislation and treaties.

Art. 10 The Nicaraguan territory is located between the Caribbean Seaand the Pacific Ocean and the Republics of Honduras and Costa Rica.

Nicaraguas sovereignty, jurisdiction, and rights are extended over theadjacent islands, cays, reefs, including interior waters, the territorial sea,the adjacent area, the continental shelf, the exclusive economic area, andthe corresponding airspace in accordance with the law and the rules ofInternational Law.

The Republic of Nicaragua only recognizes international obligations overits territory, provided that such obligations had been freely agreed and in

accordance with the Political Constitution of the Republic and rules ofInternational Law. Likewise, Nicaragua is not bound by treaties signed byother countries, where Nicaragua had not been a Contracting Party.

Art. 11 Spanish is the official language of the State. The languages usedby the Communities on the East or Atlantic Coast shall also be usedofficially in cases as provided by law.

Art. 12 The city of Managua is the capital of the Republic and the seat ofthe different Branches of the State Government. Under exceptional


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circumstances, these branches may perform their duties elsewhere in thenation.

Art. 13 The symbols of the nation are the national anthem, the flag, andthe official seal, as stated by the law, which defines their characteristics

and uses.

Art. 14 The State has no official religion.

TITLE IIINicaraguan Nationality

Only Chapter

Art. 15 Nicaraguans are either nationals or nationalized people.

Art. 16 Nationals are:

1) Those born in Nicaraguan territory, except children of foreigners indiplomatic service, children of foreign officials serving in internationalorganizations, or those sent by their government to work in Nicaragua,

unless they choose to apply for a Nicaraguan nationality.2) Children of a Nicaraguan father or mother.3) Children born abroad to fathers and mothers who originally wereNicaraguan, as long as they apply for citizenship after reaching legal ageor independence.4) Infants of unknown parents found in Nicaragua. Should their identity orkinship become known, this would be corrected in accordance with thelaw.

5) Children born to foreign parents on board a Nicaraguan aircraft orvessel, as long as they apply for Nicaraguan nationality.

Art. 17 Native born Central Americans who reside in Nicaragua have theright to apply for Nicaraguan nationality from the competent authoritieswithout waiving their other nationality.

Art. 18 The National Legislative Assembly may grant nationality toforeigners deserving this merit by virtue of extraordinary service renderedto Nicaragua.


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Art. 19 Foreigners who have given up (renounced) their nationality maybe nationalized by applying to the competent authorities, provided thatthey have fulfilled the requirements and conditions stated by law in thisrespect.

Art. 20 No national may be deprived of nationality. Nobody may bedeprived of Nicaraguan nationality because of having acquired anothernationality.

Art. 21 The granting, loss, and recovery of nationality shall be as providedby law.

Art. 22 Cases of dual nationality shall be treated in conformity withtreaties and the principle of reciprocity.

TITLE IVRights, Duties, and Guarantees (Civil Liberties)of the Nicaraguan People

Chapter I

Individual Rights

Art. 23 The right to life is inviolable and inherent to all persons. There isno death penalty in Nicaragua.

Art. 24 All persons have duties to their families, the community, thehomeland, and humanity. The rights of each individual are limited by therights of others, the collective security and the just requirements for the

sake of common good.

Art. 25 All persons have the right to:1) Personal freedom;2) Security;3) Acknowledgment of ones legal status.

Art. 26 Everybody has the right to:1) Privacy and the privacy of their family;2) Inviolability of their homes, correspondence, and communications;


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3) Respect for their honor and reputation;4) To know any informationabout him or herthat has been recordedby state authorities; an individual has the right to know why and thepurpose for keeping such information.

A private home may only be searched after showing a warrant from acompetent judge, except:a) If those dwelling in a house stated that a crime is being committedthere, and if they ask for help;b) In case the lives of inhabitants or property were threatened by fire,flood, or any other similar cause;c) When reporting that strangers obviously attempt to commit a crime(flagrante delicto), or they have been seen inside a dwelling;d) In case of current and immediate chase of a criminal;e) To rescue a hostage.

This is done in accordance with the procedures as provided by law.The law shall determine the cases and procedures for examination ofprivate documents, books of account and related documents, wheneverrequired for cases under investigationbefore the Law Courtsor forfiscal (tax) reasons. Illegally seized letters, documents, and other privatepapers shall be null and void in legal proceedings or elsewhere.

Art. 27 All persons are equal before the law and have the right to equalprotection under the law. There shall be no discrimination on the basis ofbirth, nationality, political belief, race, gender, language, religion, opinion,national origin, economic position or social condition.

Foreigners have the same rights and duties as Nicaraguans, except forpolitical rights and other rights established by law, foreigners may not

intervene in the countrys political affairs.

The State or Government respects and guarantees the rightsrecognized in the current Constitutionof all people in its territory andunder its jurisdiction.

Art. 28 Nicaraguans outside the country have the right to enjoy appeal orremedy of legal protection (Amparo) by the State. This is carried out byits diplomatic and consular representatives.


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Art. 29 All persons have the right to freedom of conscience and thoughtand to profess or not to profess a religion. No one shall be a victim ofcoercive measures which diminish these rights; no one shall be forced todeclare his/her creed, ideology, or beliefs.

Art. 30 Nicaraguans have the right to freely express their beliefs in publicor private, individually or collectively, in oral, written, or any other form.

Art. 31 Nicaraguans have the right to travel and reside anywhere in thenation, freely entering and leaving the country.

Art. 32 No one is under obligation to do what is not required by law;likewise, nobody is kept from doing what is not prohibited by law.

Art. 33 No one may be arbitrarily detained, imprisoned or be deprived ofliberty, except in cases as provided by law and in accordance with legalprocedures.

Therefore:1) An individual may be detained only by a warrant issued by acompetent judge or an official expressly authorized by law, except whenapprehended in the act of committing a crime.

2) All detained persons have the right to be:2.1 Informed in detail, without delay, about the reasons for their detentionand the charges against them in a language they understand; to havetheir family, or whoever is deemed appropriate, informed about suchdetention; and to be treated with respect in accordance with the dignityinherent to all human beings.2.2 An individual is to be set free or brought before a competent legalauthority within 48 hours after detention.

3) After serving a prison sentence, no one must be detained after arelease order has been granted by the competent authority.4) An authority is liable for ordering and illegally detaining someone.5) The appropriate authorities shall try to maintain those awaiting trialapart from those who have been sentencedin different prisons.

Art. 34 All those awaiting trial have the rights to the following minimumguarantees:1) To be presumed innocent until proven guilty according to law.


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2) To be tried without undue delay by a competent court established bylaw. There is no ancillary jurisdiction. A person may be neither removedfrom the jurisdiction of his/her competent judge nor taken to a court whichhas jurisdiction over extraordinary matters.3) A review is conducted, in cases as determined by law, before being

brought to a jury trial.4) To ensure the right to a defense, that is, to participate personally fromthe start of hearings and proceedings, likewise, to have enough time andmeans to prepare their defense.5) To be represented by a public defender when legal counsel has notbeen selected by the time of the first hearing, or in the event that therewas no prior call by edict. The accused shall have the right tocommunicate freely and in private with his/her legal counsel.6) To be helped by an interpreterfree of charge, if the detainee doesnot understand the language spoken at court.7) Not to be forced to testify against themselves or against a spouse or apartner in a common-law relationship, or a family member within thefourth degree of kinship or consanguinity or the second degree of familyrelationship, or to admit their own guilt.8) To be found guilty or not guilty within the legal time period, by each ofthe courts involved.9) To have the right to appeal to a superior court upon conviction of any

crime.10) Not to be brought to trial twice for the same crime for which a final

judgment of conviction or acquittal has been issued.11) Not to be brought to trial or sentenced for acts or omissions which atthe time committed had not been, clearly and unequivocally, prescribedby law as a punishable crime, thus there is no offense to be penalized bylaw. It is forbidden to make proscription laws, or apply penalties ordefamatory treatment.

Criminal proceedings must be open to the public, but in some cases thepress and general public may be excluded for moral considerations or forpublic order or national security.

Since the start of a legal action, the victim or offended person shall be aparty in the trials and court procedures involved.

Art. 35 Minors shall not be judged in a trial: they shall not be involved inany legal proceedings. Minors who violate the law may not be taken to


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prisons or rehabilitation centers. A specialized institution or body shalltake care of these minors in facilities, as provided by law.

Art. 36 All persons shall have the right to be respected as for theirphysical, psychological, and moral integrity. No one shall be subjected to

torture, or inhumane, cruel or humiliating treatment. Violation of this rightis a crime, and it shall be punished as provided by law.

Art. 37 The penalty or punishment shall not be applied to another personother than the accused. No penalty may, independently or consecutively,mean a sentence of more than thirty years in prison.

Art. 38 The law is not retroactive, except when favorable to the accusedin criminal matters.

Art. 39 In Nicaragua, the penitentiary system is humane; its mainobjective is to transform the detainee into a person capable of joiningsociety again. The penitentiary system promotes gradually family unity,health care, educational and cultural advancement, and employment ofthe inmate to get compensation. Punishment is intended to educateprisoners.

Convicted women will serve their sentences in different prisons fromthose of men; an effort will be made to get jailors of the same sex.

Art. 40 No one shall be subjected to involuntary servitude. Slavery andslave trade in any form are prohibited.

Art. 41 Nobody shall be detained for debts. This principle does not restrictpowers of competent legal authorities to issue court orders due to non-

compliance with child support. All nationals and foreign citizens must paytheir debts.

Art. 42 Nicaragua recognizes and secures the right to be a refugee,ensuring asylum. Such right is applicable to only those persecutedbecause of their struggle for democracy, peace, justice, and humanrights.

Granting political asylum shall be determined by law in accordance withinternational agreements ratified by Nicaragua. If a political refugee or


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exile is expelled from Nicaragua, such person may not be sent back tothe country in which he/she was persecuted.

Art. 43 Extradition from Nicaragua will not be permitted for political crimesor their related common crimes, at Nicaragua's own discretion.

Extradition for other common crimes takes place as stated by law andInternational Treaties. Nicaraguans may not be extradited fromNicaragua.

Art. 44 Everybody has the right to private or personal propertychatteland real estate, tools and means of production.

Pursuant to the social function of propertybecause of public use orsocial interest, exercising this right is subject to constraints and duties asprovided by legislation. Said real estate in the first paragraph may beexpropriated, or there may be compulsory purchase in accordance withthe law, prior to cash payment corresponding to a just compensation.

Concerning expropriation of idle landed estates for the purposes ofagrarian reform, the law shall determine the form, quantity, installments,and interests recognized for such compensation or indemnity.

Confiscation of goods is prohibited. Officials breaching this provision shallalways be accountable, and they shall pay by using their goods wheneverthere is damage involved.

Art. 45 Persons whose constitutional rights have been violated or arelikely to be violated have the right to submit writ or remedy of HabeasCorpus or Amparo, according to the circumstances and the Law of

Amparo (a legal procedure for the review of administrative acts).

Art. 46 All persons in Nicaragua shall enjoy protection and recognitionby the stateof the rights inherent to all human beings, as well asunrestricted respect, promotion and protection of human rights, and fullobservance of the rights set forth in the Universal Declaration of Rightsand Duties, in the American Declaration of Rights and Duties of Man; theInternational Covenant on Economic, Social and Cultural Rights, and theInternational Covenant on Civil and Political Rights of the United Nations;and the American Convention on Human Rights of the Organization of

American States.


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Chapter IIPolitical Rights

Art. 47 All Nicaraguans who are 16 years of age are full citizens.

All citizens enjoy the political rights set forth in the Constitution and inother laws, without limitations other than those established on thegrounds of age.

A citizens rights are suspended when serious corporal or specific relatedpunishments are applied. This also applies where an executory sentenceor judgment of a civil injunction is made.

Art. 48 Under unconditional equality, all Nicaraguans enjoy the samepolitical rights. In the exercise of these rightsfulfilling theseresponsibilities and duties, there exists absolute equality between menand women.

It is the obligation of the State to remove obstacles that hinder effectiveparticipation of Nicaraguans in the countrys political, economic, andsocial life.

Art. 49 In Nicaragua, workers in the cities and countryside, women,youth, agricultural workers or farmers, artisans, professionals,technicians, intellectuals, artists, religious people, the communities of the

Atlantic Coast and the population in general have the right to formorganizations, in order to reach their aspirations according to their owninterests, without discrimination, getting involved in building a newsociety.

Such organizations may be formed by the voluntary participation and freewill of their members. They shall play a social role, and they may be apartisan, according to their nature and purposes.

Art. 50 Citizens have the right to participate under equal conditions inpublic affairs and in management of the State. Effective peoplesparticipation at local and national levels shall be established by law.


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Art. 51 Citizens have the right to elect and be elected in regular elections,running for public office, except for limitations contained in this PoliticalConstitution.

It is a duty of a citizen to carry out the duties as a member of a jury, and

other related city council jobs, except if he/she has an excuse admittedby the law.

Art. 52 Citizens have the right, individually or in association with others, topetition, report irregularities, and make constructive criticisms to thebranches of State Government or any authority; citizens have the right foran expeditious decision or answer, which has to be made known withinthe time periods established by law.

Art. 53 The right to peaceful assembly is recognized: exercising this rightdoes not require prior permission.

Art. 54 The right to public meeting or assembly, demonstration, andmobilization of people is recognized under the law.

Art. 55 Nicaraguan citizens have the right to organize or join politicalparties in order to participate in, exercise, and compete in order to gain

power.

Chapter IIISocial Rights

Art. 56 The State shall, through its programs, give special care to thehandicapped and relatives of those fallen in battle and war victims ingeneral.

Art. 57 Nicaraguans have the right to work, which is consistent withhuman nature.

Art. 58 Nicaraguans have the right to education and culture.

Art. 59 Every Nicaraguan has an equal right to health care. The Stateshall establish basic conditions for promotion, protection, recuperation,and rehabilitation of the peoples health.


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Organization and management of health care programs, services, andactivities are responsibilities of the State, which shall also promotegrassroots involvement for the sake of health.

Citizens are obliged to follow established sanitary measures.

Art. 60 Nicaraguans have the right to live in a healthy environment. It isobligation of the State or Government to preserve, conserve, and restorethe countrys environment and natural resources.

Art. 61 The State guarantees Nicaraguans the right to social security forprotection against the social contingencies in life and work, in the mannerand conditions determined by law.

Art. 62 The State shall strive to set up programs for physical, psycho-social, and professional rehabilitation of the handicapped, and for their

job placement.

Art 63. All Nicaraguans have the right to be protected against hunger.The State shall promote programs which assure adequate availability andequitable distribution offood.

Art 64. Nicaraguans have the right to decent, comfortable, and safehousing that guarantees privacy of the family. The State shall promotethe fulfillment of this right.

Art 65. Nicaraguans have the right to sports, physical education,relaxation, and recreation. As for comprehensive development, the Stateshall promote sports and physical education in specific programs andprojects; this will be done through the organized and mass participation of

the people.

Art 66. Nicaraguans have the right to accurate information. This rightincludes the freedom to seek, receive, and disseminate information andideas, either spoken or written, in graphic or any other form as may bechosen.

Art 67. The right to provide information is a social responsibility,complying with strict respect for the principles established in the


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Constitution. This right may not be subject to censorship, but may besubject to subsequent responsibilities established by law.

Art 68. The role of the mass media must be to contribute to our nationalinterests.

Nicaraguans have the right to have access to mass media and ask forclarification, when their rights and guarantees (civil liberties) are infringed.

The State or Government shall prevent the media from being subordinateto foreign interests or a big monopoly of any particular group. Thepertinent law shall apply in this matter.

Importing paper, machinery, equipment, spare parts for the printed andbroadcast mass media, including importing, circulating, and selling books,handouts, magazines, scientific, and school materialsfor teaching,newspapers, and other regular publications shall be exempted from anytype of municipal, regional, and fiscal tax. Tax laws shall regulate or beapplicable in this matter.

Operations of public, corporate or private media shall not be subject toprior censorship. The printing press or its accessories, or any other

means or equipment designed for disseminating thoughts may not beseized as evidence or corpus delicti.

Art. 69 All persons, either individually or in association with others, havethe right to practice their religion in public or private, through worship,practice, and teaching.

No one may disobey the law or prevent others from exercising their rights

and fulfilling their duties by invoking religious beliefs or inclinations.

Chapter IVFamily Rights

Art. 70 The family is the fundamental unit of society and has the right tobe protected by society and the State.

Art. 71 A Nicaraguan has the right to have a family. A family ormatrimonial property may not be seized, and it is exempted from any


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obligations owed to the government or welfare charges. The law shallregulate, protecting such right.

Children enjoy special protectionobserving all childs rights, and hencethe International Convention on the Rights of the Child is in full effect.

Art. 72 Marriage and partners in a common-law relationship are protectedby the State. This relationship is based on the voluntary agreementbetween a man and a woman, and such relationship may be dissolved bymutual consent or by the will of one of the parties, as provided by law.

Art. 73 Family relationships are based on respect, solidarity, and absoluteequal rights and responsibilities between a man and a woman.

Parents must work together to maintain the household and provide for thecomprehensive development of their children, with equal rights andresponsibilitiesthrough a common effort. Furthermore, children areobligated to respect and help their parents. These duties and rights shallbe fulfilled in accordance with the applicable legislation.

Art. 74 The State grants special protection to the process of humanreproduction.

Women shall have special protection during pregnancy and shall begranted maternity leave with pay and appropriate social security benefits.

No one may deny employment to women for reasons of pregnancy, nordismiss them during pregnancy or in the post-natal period, in conformitywith the law.

Art. 75 All children have equal rights. There shall be no discrimination forreasons of family relationship. Regarding ordinary legislation, provisionsor classifications that reduce or deny equality between children shall benull and void.

Art. 76 The State shall promote programs and develop special centersthat will take care of minors. The family, the society, and the State shalltake preventive measures, providing protection, and education to minors,according to their needs.


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Art. 77 The family, the society, and the State shall provide the elderly withprotection measures.

Art. 78 The State shall protect responsible paternity and maternity. Theright to determinethrough testingboth paternity and maternity is in

force.

Art. 79 The right of adoption is based on the best interests forcomprehensive development of a child, as provided by law.

Chapter VLabor Rights

Art. 80 Work or employment is a right and a social responsibility. Thework of Nicaraguans is the fundamental means to satisfy the needs ofsociety and every individual. The work done is the source of wealth andprosperity of the nation. The State shall strive for full and productiveemployment, observing the fundamental rights of an individual.

Art. 81. Workers have the right to participate in the management of theirenterprise or company. This is done through their organizations and inaccordance with the law.

Art. 82 Workers have the right to working conditions that ensure, inparticular:1. Equal pay for equal work under the same conditions; this has to beappropriate to their social responsibility, without discrimination regardlessof political, religious, racial, sex, or other reasons. This assures astandard of living compatible with human dignity.2. To be paid with legal tender at their workplace.

3. Minimum wage and social security payment shall not legally be seized,except for family or child support payment as provided by law.4. Working conditions ensures physical safety, health and hygiene,minimizing workplace hazards to assure the worker's occupational healthand safety.5. An eight-hour work day, rest at the end of every week, vacations,compensation for national holidays and a thirteenth-month bonus, inconformity with the law.


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6. Work stability according to the law and equal opportunity to bepromoted, subject to length of time, service, capacity or qualification,efficiency, and responsibility.7. Social security for full protection and subsistence in case of disability,old age, occupational hazards, illness or maternity; and for family

members in case of death, in the manner and conditions as determinedby law.

Art. 83 The right to strike is recognized.

Art. 84 Child laborthat may affect normal childhood development orinterfere with mandatory school yearis prohibited. Children andadolescents shall be protected against any form of economic and socialexploitation.

Art. 85 Workers have the right to cultural, scientific and technicaleducation; the State shall provide this education through specialprograms.

Art. 86 All Nicaraguans have the right to choose and exercise freely theirprofession or occupation. They may choose their workplace with norequirements other than an academic degree, serving a social purpose.

Art. 87 There is trade union freedom in Nicaragua. Workers may joinunions on a voluntarily basis. These unions shall be incorporatedaccording to the law.

No worker is under obligation to belong to a particular union, nor to resignfrom a union in which he is a member. Full union autonomy is recognizedand job tenure of a union representative is respected.

Art. 88 In defense of their individual or unionsinterests, workers have theinalienable right to negotiate with their employers in accordance with thelaw. They may make:

1. Individual contracts;2. Collective bargaining agreements.


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Chapter VIRights of the Communitieson the East Coast of Nicaragua (the Atlantic Coast)

Art. 89 The Communities located on the Nicaraguan East Coast known

as Atlantic Coastare also Nicaraguan people, and they enjoy the samerights and obligations or duties as Nicaraguan citizens.

The Communities of the Atlantic Coast have the right to keep anddevelop their cultural identity within the framework of national unity. Theymay have their own forms of social organization, managing their localaffairs according to their traditions.

The State acknowledges forms of communal land ownership in theCommunities of the Atlantic Coast. Likewise, the State allows themenjoying, using, and benefiting from the water and forests in these landswhich arecommunally held.

Art. 90 The Atlantic Coast Communities have the right to freedom ofspeech, keeping their languages, arts and culture. The development oftheir culture and values contributes to our national heritage. The State orGovernment shall create special programs to exercise these rights.

Art. 91 The State must enact laws intended to promote and ensure thatno Nicaraguan shall be discriminated because of language, culture, orplace of origin.

TITLE VNational Defense

Art. 92 The Nicaraguan Army is the armed force or institution responsiblefor defending the national sovereignty, independence, and territorialintegrity.

Only in exceptional cases, the President of the Republic shall, aftermeeting with Ministers and supported by the National Police, orders theNicaraguan Army to take actions when the stability of the country is atstake because of internal unrest, calamities, or natural disasters.


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It is prohibited to establish foreign military bases in the national territory.The traffic and landing of foreign crafts may be authorized, includingaircrafts and machinery for humanitarian purposes, as long as suchauthorization has been requested by the Government of the Republic andratified by the National Legislative Assembly or Legislature.

Art. 93 The Nicaraguan Army is a national, professional, nonpartisan,nonpolitical, obedient body that does not engage in deliberations. Themembers of the Army should attend civic education concerning humanrights.

Military Courts shall review only faults and military crimes committed bymembers of the army and police, as provided by law.

Common crimes and faults committed by the military and police shall bereviewed in ordinary courts.

No civilian may be judged by military courts.

Art. 94 Members of the Nicaraguan Army and National Police may neithercarry out political-partisan activities, nor hold a position in any politicalorganization. In addition, they may not be elected to hold office, as public

officials, unless they had retired from active duty (military service) orpolice at least one year before the elections in which they intend to run ascandidates.

Organization, structures, activities, ranks, promotions, retirements, andeverything related to the operating development of such bodies shall beruled by the applicable law.

Art. 95 The Nicaraguan Army shall strictly comply with the PoliticalConstitution, which will be respected and enforced. The Army shall beunder civil authority of the President of the Republic, in his/her capacityas Commander in Chief of the Nicaraguan Army, or through theappropriate ministry.

There are neither armed groups nor military ranks other than thoseprovided by law.


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Art. 96 There shall be no compulsory military service: people may not beforced to enlist in the Nicaraguan Army and the National Police. Militarydraft is banned.

It is prohibited for the army and law enforcement or any other State

institutions to carry out political espionage activities.

Art. 97 The National Police are an armed body dealing with civilians. Itsmission is to guarantee domestic order, citizen security, crime prevention,investigation and prosecution, and others as stated by law. The NationalPolice is professional, nonpolitical, nonpartisan, obedient, andnondeliberative. The National Police shall strictly comply with the PoliticalConstitution, which will be respected and enforced. The National Policeshall be under civil authority of the President of the Republic, through theappropriate ministry.

The National Police in its operations will help the Judiciary. The internalstructure of the National Police is based on the hierarchy and discipline ofits authorities.

TITLE VI

Nicaraguan Economy, Agrarian Reform,and Public Finances

Chapter INicaraguan Economy

Art. 98 The main role played by the State in the economy is to promotethe country's material development; overcome the inherited

underdevelopment and dependence of the economy; improve thecountry's standard of living; and create a more just distribution of wealth.

Art. 99 The State is responsible for promoting integrated development ofthe country, playing a role in managing the common good; theGovernment must work giving priority to interests by meeting the nation'sparticular, social, sectorial, and regional needs. It is the responsibility ofthe State to protect, encourage, and promote forms of ownership andfinancial management, entrepreneurial or business initiativesprivate,


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state-owned, cooperative, associative, communaland mixedmanagement in order to ensure economic and social democracy.

Individuals are primarily engaged in economic activities. The leading roleof private initiative, which in a broad sense includes large, medium-sized,

and small scale enterprises, microenterprises, cooperatives, partnershipsand others, is recognized.

The Central Bank of Nicaragua is in charge of regulating the monetarysystem. State banks and other State finance institutions shall befinancing instruments for promotion, investment, and development. Also,they shall diversify their credits focusing on small and medium-sizedproducers (farmers). It falls under the responsibility of the State to ensurethe existence and operations of such Bank.

The State guarantees free enterprise and the establishment of banks andother financial, private, and state-run institutions, which shall be ruled inaccordance with the applicable legislation. Foreign trade operations, stateand private insurance and reinsurance companies shall run as providedby law.

Art. 100 The State shall enact a Foreign Investment Law which

contributes to the countrys socio-economic development, without beingdetrimental to national sovereignty.

Art. 101 Workers and other productive sectors have the right toparticipate in making, executing, and controlling economic plans.

Art. 102 National resources belong to this country. Environmentalconservation and protection, development, and rational exploitation of

natural resources are responsibilities of the State. This may enter intoagreements for rational exploitation of such resources, as required fornational progress.

Art. 103 The State ensures democratic coexistence among public, privateownerships, including cooperative, associative forms of communalproperty ownership. These forms of ownership are seen as partsubjectto the nations overriding interestsof a mixed economy, playing a socialrole.


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Art. 104 Enterprises or companies, which are organized under any of theforms of ownership set out in this Constitution, are treated equality underthe law, applying equally the economic policies made by the State. Thereis free economic initiative.

There is free and full exercise of business activities. To this end, thereare no limitations other than those imposed by domestic legislation due tosocial reasons or national security.

Art. 105 The State must promote, facilitate (provide), and regulate basicpublic services such as electric power supply, communications, water,transport, road infrastructure, ports and airports for the people. Thesealso have the inalienable right to have access to such services. Privateinvestment and its forms, and exploitation concessions granted toindividuals in these areas shall be as provided in each case by law.

The State may not waive its duties in regard to services such aseducation, health, and social security. The State must provide, improve,and expand such services, without excluding anyone. The facilities andinfrastructure of such services belong to the State, and they may not beassigned or sold under any manner.

Free health care is given to the most vulnerable segments of thepopulationgiving priority to implementation of mother-child programs.Health and educational services provided by the State must be expandedand enhanced. People (enterprises) may have the right to provide privatehealth and education services.

The State must ensure quality control of goods and services provided,

avoiding speculation and hoarding of basic consumption goods.

Chapter IIAgrarian Reform

Art. 106 Agrarian Reform is an essential instrument for democratization ofproperty and a more just distribution of land. Likewise, it is an essentialmeans in promotion and a global strategy for ecological restoration andeconomic sustainable development in the country. This Agrarian Reformshall take into consideration the socially necessary land-man relation,


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making sure that peasants benefit from such reform, having theirproperty, as provided by law.

Art. 107 Agrarian Reform shall abolish idle landed estates, prioritizingState-owned lands. Expropriation of idle landed estates affects individual

owners; this expropriation shall be done as stipulated in Article 44 in thisConstitution. Agrarian Reform shall abolish any type of exploitation ofpeasants and indigenous communities in the country. It shall encourageforms of ownership compatible with the country's economic and socialpurposes set out in the Constitution. The land ownership regime ofindigenous communities shall be as stated in the applicable law.

Art. 108 Land ownership is guaranteed to all those who productively andefficiently work their lands. The law shall establish specific regulationsand atypical cases, which are consistent with the goals and purposes inthe agrarian reform.

Art. 109 The State shall promote voluntary association of peasants byjoining agricultural cooperatives, without sexual discrimination. The Stateshall, according to its resources, provide the material means needed toenhance or upgrade their technical and productive capacity, in order toimprove the standard of living of the peasants.

Art. 110 The State shall encourage small and medium-sized scaleagricultural farmers toboth individually and in associationsvoluntarilyparticipate in the countrys economic and social development plans.

Art. 111 The peasants and other production sectors have the right toparticipate, through their own organizations, in defining policies foragrarian transformation.

Chapter IIIPublic Finances

Art. 112 The annual General Budget of the Republic Law shall regulateordinary and extraordinary public income and expenditure. This law shalldetermine the spending limits of State-run institutions. Likewise, it mustshow the different sources and allocations, specifying every income andexpense, which shall be consistent.


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The National Legislative Assembly may modify the budget draft or billsent by the President of the Republic. Extraordinary spending may onlybe authorized by law. This will be done by simultaneously incurring insuch expense and allocating resources for funding. The Budget Regime

Law shall apply in this respect.

Any modification to the nations General Budget that means increasing ordecreasing credits, decreasing income or transfers among differentagencies, shall require approval from the National Legislative Assembly.The Annual Budget Law may not create taxes.

Art. 113 The President of the Republic shall draft the bill for the AnnualBudget Law. He/she must submit such Budget to be discussed andpassed by the National Legislative Assembly according to the applicablelaw.

To inform the National Legislative Assembly, the bill for the AnnualBudget Law must contain the budgets of autonomous entities andgovernmental institutions and State-owned enterprises.

Art. 114 The National Legislative Assembly is exclusively entitled

unable to delegate powerto create, pass, modify, or eliminate taxes.The taxation system must take into consideration wealth and incomedistribution.

Confiscatory taxation is prohibited.

All types of taxes on medicine, vaccines, and blood serum, orthesis,prosthesis, including necessary inputs and raw materials to manufacture

such products, shall be exempted. This shall be done in conformity withthe classification and procedures that shall be set out.

Art. 115 Taxes must be created by laws stating their category orapplication, type of tax, and the rights of taxpayers. The State shall notrequire payment of taxes that have not been previously established bylaw.


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TITLE VIIEducation and CultureOnly Chapter

Art. 116 Education seeks the full and comprehensive development of

Nicaraguans. This means instilling a critical, scientific, and humanist wayof thinking; developing their personality and sense of dignity; and trainingthem to carry out required tasks of general common interest for thecountry to make progress. Therefore, education is essential fortransformation and development of individuals and society.

Art. 117 Education is a unique, democratic, creative and participatoryprocess. In particular, combining theory and practice, manual andintellectual work promote scientific research. This is based on ournational values, on the knowledge of our history and reality, on nationaland universal heritage; and on the ongoing scientific and technologicaladvances. Through education, we foster the values of new Nicaraguans,as stated in the principles in this Constitution. Studying this Constitutionmust be promoted.

Art. 118 The State promotes involvement of the family, community, andindividuals in education, ensuring support of the media for educational

purposes.

Art. 119 The State may not waive its responsibility for education,including its planning, management, and organization. The Nicaraguaneducational system works in an integrated fashion and in accordancewith national plans. The organization and functions of education aredetermined by law.

It is the duty of the State to educate and train technical and professionalpersonnel at every level and in every discipline, which is required for thecountrys development and transformation.

Art. 120 Nicaraguan teachers play an essential role in implementingcreatively educational plans and policies. Teachers have the right to livingand working conditions consistent with their dignity and the importantsocial role they play. Teachers shall be promoted and given incentivesaccording to the law.


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There is academic freedom. The State promotes and protects freecreation, research, and dissemination of the sciences, technology, artsand letters, ensuring and protecting intellectual property.

Art. 126 It is the duty of the State to promote the recovery, development

and strengthening of a national culture, sustained by creative grassrootsparticipation.

The State shall promote national culture in all its diverse forms, that is,the creative work done by either groups or individual authors.

Art. 127 Artistic and cultural creation are completely unrestricted. Culturalworkers have full freedom to choose their forms and styles of expression.The State shall strive to provide them with the means necessary to createand present their works, protecting their copyright.

Art. 128 The State protects the archeological, historical, linguistic, culturaland artistic heritage of the nation.

TITLE VIIIOrganization of the State

Chapter IGeneral Principles

Art. 129 The Legislative, Executive, Judicial, and Electoral Branches ofGovernment are independent of one another and coordinateharmoniously, subject only to the overriding national interest and to theprovisions set forth in this Constitution.

Art. 130 Nicaragua is a country built on respect for the Social Rule ofLaw. No office holder may exercise functions other than those conferredupon the official by the Constitution and the laws.

All government officials or public servants must declare their financialsituation or assets before holding and upon leaving public office, asprovided by law.


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Public officials in any branch of the government, elected directly orindirectly, government ministers and vice-ministers; presidents ordirectors of autonomous entities and governmental institutions; andNicaraguan ambassadors abroad may not obtain concessions from theState. They may not act as representatives or agents of public or private,

national or international companies that make agreements with the State.Violation of this provision makes a civil servant lose the concessions oradvantages obtained, and thus losing his/her job.

The National Legislative Assembly, through decision approved by two-thirds of the Representatives vote, may declare removal of immunity ofthe President of the Republic. With respect to other officials or civilservants, the decision will be made by having favorable vote of themajority of the members in the Legislature. Failing to follow thisprocedure, according to the Constitution, public officials enjoy personalimmunity. Thus, they can neither be detained nor brought to trial, exceptfor reasons related to family and labor rights. Such officials may waivesaid immunity. This shall be regulated by the applicable law.

In cases of removal of immunity due criminal reasons against thePresident and Vice-President of the Republic, once they are deprived oftheir immunities, the Supreme Court of Justice is fully competent to bring

them to trial.

In every Branch of the State and its levels, including institutions createdby this Constitution, appointing authorities, or other entitled persons maynot appoint a close relative for office. Appointing high-ranking officialsshall be governed by the prohibition regarding the fourth degree ofkinship or consanguinity or the second degree of family relationship, andit shall be regulated by the applicable law.

This prohibition does not include appointments on the basis ofappropriately complying with the Law of Public Service as a Career(Career in the Public Service), and those in professions or careersinvolving Public Administration, Teaching of Law, Judicature Profession,Foreign Service, and others similar laws to be enacted.

Art. 131 Elected and appointed officials in the four Branches ofGovernment, directly or indirectly, are publicly accountable to the properperformance of their duties. These elected officials must inform the public


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of their work and official activities. They must be responsive to peoplesproblems, making an effort to find solutions to them. Official duties mustbe carried out in the public interest.

According to the law, the State shall be liablein terms of personal

assets and liabilitiesfor any damage caused to goods, rights, andinterests of individuals, as a result of acts and omissions of publicofficials, except for acts of God, in carrying out their duties. The Statemay claim compensation to be provided by the official or public servantthat caused such damage.

Officials and public servants are personally liable for any violation of theConstitution, for lack of administrative integrity, and any other fault(offense) or crime committed where carrying out their functions or duties.They are also liable before the State for the damage resulting fromabuse, negligence, and omission, while performing their duties. Civilianfunctions may not be militarized. The public service and publicadministration career shall be as provided by law.

Chapter IILegislative Branch (Legislature)

Art. 132 The Legislature exercises the Legislative Power throughdelegation and mandate given by the people. The National Legislative

Assembly is composed of ninety Representatives with their respectivealternates, elected by universal suffrageequal and direct elections byfree and secret ballot, through the proportional representational system.In accordance with the Electoral Law, twenty Representatives will beelected nationally, and seventy Representatives shall be elected at thelevel of provincial districts (constituencies) and autonomous regions.

It is mandatory to allocate a sufficient percentage of the General Budgetof the Republic for the Legislature.

Art. 133 The former President and Vice-President elected by directpopular vote, who participated in the immediately previous election, alsoform part of the Legislature, including Representatives and Alternatesrespectively, and candidates for the Presidency and Vice-Presidencyrunning in such election, who took over second place in the elections.


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Art. 134 1. The requirements to be a Representative are to:a) Be a Nicaraguan national. Those who had gotten another nationalitymust have given up such nationality at least four years before electionsare held;b) Fully enjoy political and civil rights;

c) Be over twenty-one years of age;d) Be a resident having resided, on a permanent basis, in the countryover the last four years before the elections, except for those who wereworking in Diplomatic Missions, International Organizations, or studyingabroad. In addition, having been born, or been a resident over the lasttwo years in the Province or autonomous region for which he/she intendsto be elected.

2) Those who may not be Representatives, that is, Proprietary orAlternate Members are:

a) Government ministers, and vice-ministers, judges in the JudicialBranch, the Supreme Electoral Council, members of the General

Accounting Office or Comptroller Generals Office of the Republic, theAttorney General, Assistant Attorney General, Attorney General andAssistant Attorney General for Human Rights, State Attorney General(Chief prosecutor) and Assistant Attorney General, and the Mayors,

unless they have resigned from public office twelve months before theelection;b) Ministers of any religious group, as long as they had resigned fromtheir jobs at least twelve months before the election.

Art. 135 No Representative to the National Legislative Assembly mayobtain concessions from the State or be representative or agent of public,private, or foreign enterprises or businesses which make contracts with

the State. Violation of this provision makes an official lose theconcessions or advantages obtained, and thus he/she will not aRepresentative any more.

Art. 136 Representatives to the National Legislative Assembly shall beelected for a five-year term in office, running from the date ofinauguration, which shall be the ninth of January of the year following theelection.


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Art. 137 Representatives and alternates elected to the NationalLegislative Assembly shall be sworn in by the President of the SupremeElectoral Council.

The Legislature shall be inaugurated by the Supreme Electoral Council.

Art. 138 The duties of the National Legislative Assembly are to:

1) Draft and approve laws and decrees, amending or repealing existingones.2) Officially interpret the law.3) Grant amnesty or pardon on its own initiative or initiative taken by thePresident of the Republic.4) Request reports from government Ministers and Vice-ministers,

Attorney General, and Assistant Attorney General, Presidents orDirectors of autonomous and governmental institutions, which mustrender such reports. Also, it may require appearing personally to giveexplanation or interpellation. This appearance shall be obligatory underthe same judicial conditions observed in judicial or court proceedings.Failing to appear shall be a cause for dismissal. If a legal case or actionis not dismissed and such official enjoys immunity, he/she will lose suchimmunity.

If the National Legislative Assembly considers that an official is an unfitperson to carry out his/her job, the Legislature having sixty percent ofqualified voting of Representatives will fire such official. The NationalLegislative Assembly shall let the President of the Republic know aboutsuch dismissal, so that a decision is made within three days.5) Grant and cancel or terminate legal status of civil organizations.6) Review, discuss, and approve the bill for the Annual General Budget ofthe Republic, and be informed periodically of its operations in accordance

with the Constitution and Law.7) Elect every Judge of the Supreme Court of Justice from separate listsproposed by the President of the Republic and Representatives to theNational Legislative Assembly, in consultation with the pertinent civilorganizations. The deadline to submit such lists will be fifteen days,starting as of the day the Legislature calls for their election. If there wereno list submitted by the President of the Republic, the proposals made bythe Representatives of the National Legislative Assembly will besufficient. Each Judge shall be elected by reaching a favorable vote of atleast 60 percent of the Representatives to the National Legislative


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Assembly. Likewise, the same number Associate Justices shall beelected. This is done by fulfilling the same requirements and proceduresfollowed to appoint Supreme Court Judges.8) Elect every member and alternate of the Supreme Electoral Councilfrom separate lists proposed by the President of the Republic and

Representatives to the National Legislative Assembly, in consultation withthe pertinent civil organizations. The deadline to submit such lists will befifteen days, starting as of the date the Legislature calls for their election.If there were no list submitted by the President of the Republic, theproposals made by the Representatives of the National Legislative

Assembly will be sufficient. Each Judge shall be elected by reaching afavorable vote of at least 60 percent of the Representatives to theNational Legislative Assembly.9) Elect, by reaching 60 percent of votes cast by such Representativesto the National Legislative Assembly, from the listsseparate lists forevery positionproposed by the President of the Republic andRepresentatives, in consultation with the pertinent civil organizations, asfollows:

a) The Bank Examiner and Associate Bank Examiner in charge ofsupervising banks and other financial institutions; b) Attorney GeneralSupervisor who will be in charge of the Ministry of Justice and Assistant

Attorney General, who must have the same qualifications, as required tobe a Supreme Court Judge; c) members of the Board of the General

Accounting Office or Comptroller Generals Office; d) Attorney Generaland Assistant Attorney General for Human Rights; e) Chief Supervisorand Supervisors of Public Services; f) Director and Assistant Director ofUrban and Rural Property under the agrarian reform regime.

All these government officials shall be elected for a five-year period, and

they will enjoy immunity. The candidates proposed in this subsection orunder item 7) and 8) must not have any consanguinity or familyrelationship. They may not be members of National, Provincial orMunicipal coordinating committees or boards in political parties; if theywere, they must resign as members,stopping their political activities. Thedeadline to submit such lists will be in fifteen days, starting as of the datethe Legislature calls for their election. If there were no list submitted bythe President of the Republic, the proposals made by theRepresentatives to the National Legislative Assembly will be sufficient.The National Legislative Assembly, through Special Commissions, may


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call for audiences with the candidates. A Candidate must be properlyqualified for a position, and his/her nomination must be accompanied bydocuments, as required.10) Review, admit, and decide on representatives' unappealable faults tothe National Legislative Assembly. The causes belowmaking

Representatives lose their immunitymean real or serious faults:i. Resignation;ii. Decease;iii. Conviction through a final judgment or sentence to be sent to prisonand inability to carry out the job, due to a crime that deserves more thana correctional penalty for an equal or longer time period than theremainder of his/her term in office;iv) Failing to perform his/her parliamentary duties for sixty consecutivedays within the same legislative period, without showing justification tothe Board of the National Legislative Assembly;v. Violation or contravention of the third paragraph in Article 130 in thePolitical Constitution;vi. Receiving compensation from state, regional or municipal entities onaccount of a job performance in other Branches of Government or State-owned Enterprises, except when teaching and practicing as a physician.If a Representative agrees to hold office in other Branches ofGovernment, he/she may only join the National Legislative Assembly

when he/she would have resigned before.vii. Failing to declare his/her assets (financial situation) to the General

Accounting Office (Comptroller Generals Office) of the Republic whentaking office.11) Review and acknowledge resignations and decide on dismissals ofpublic officials in items 7), 8) and 9) for the reasons and proceduresprovided by law.12) Ratify and reject international instrumentstreaties, agreements

made with countries or organizations subject to International Law.

Such international instruments may only allow for opinions, beingdiscussed, approved or rejected in general, without modifying or addingsome text thereof. Approval by the Legislature shall mean legal effects inand outside Nicaragua. This happens once they have gone into force atan international level, by rendering or exchanging ratifications orcompliance with the requirements or terms, as stated in the text of suchinternational instrument or treaty.


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13) Ratify all matters related to the symbols of the nation.14) Create national honorary orders and distinctions.15) Create and award its own national orders.16) Welcome the President and Vice-President of the Republic to hearthe annual address or report in formal session.

17) Elect the National Legislative Assembly's Executive Board.18) Create permanent, special, and investigation commissions orcommittees.19) Grant discretionary pensions and honors for distinguished service tothe homeland and humanity.20) Determine the political and administrative division of the nationalterritory.21) Review and make recommendations on the countrys economic andsocial development plans and policies.22) Fill the permanent vacancies of the Vice-President of the Republic,and when both the President and Vice-President leave their officessimultaneously.23) Authorize the President of the Republic to make foreign visits whichlast more than fifteen days, and those visits of the Vice-President, in caseof the President's absence in the national territory.24) Receive from judicial authorities or directly from citizens the chargesor complaints filed against officials who enjoy immunity, reviewing and

deciding on such complaints.25) Draft or amend its statute and internal rules or by-laws.26) Authorize or deny the departure of troops from the national territory.27) Create, approve, modify, or eliminate taxes, and approve municipallocal taxation plans.28) Ratify, reject, or modify an Executive Decree declaring thesuspension of the Constitutional Rights and Guarantees or the State ofEmergency, including its extensions.

29) Receive annual reports from the Council of Comptroller GeneralsOffice of the Republic or the designated Council, the Human RightsAttorney General, the Attorney General of the Republic, and the BankExaminer, and the president of the Central Bank, without prejudice toother reports that may be required.30) Ratify within fifteen working days, by reaching a favorable vote ofsixty percent of Representatives, a nomination or appointment made bythe President of the Republic to hold positions as Ministers and Vice-ministers, Attorney General and Assistant Attorney General of theRepublic, Heads of Diplomatic Missions, and Presidents or Directors of


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Autonomous and Government entities. Such appointments will only beconsidered official until after the Legislature ratifies them. If there is noratification, the President of the Republic will have new nominations orappointments within thirty working days, and these new nominations mustfollow the ratification procedure in place.

31) Hold regular and special sessions.32) Fulfill other functions conferred by the Constitution and the laws.

Art. 139 Representatives shall bear no legal responsibility for theiropinions and votes cast in the Legislature, and they enjoy immunity inconformity with the law.

Art. 140 Those who may submit bills are the following:

1) Representatives to the National Legislative Assembly; they also enjoythe right to introduce bill for decrees, resolutions, and legislativedeclarations.2) The President of the Republic.3) The Supreme Court of Justice, the Supreme Electoral Council, the

Autonomous Regional Councils, and Municipal Councils in mattersconcerning with their respective jurisdictions.4) Representatives to the Central American Parliamentrepresenting

Nicaragua. In this case, they only submit bills for Laws and LegislativeDecrees in matters concerning Regional Integration.5) Citizens. In this case, a bill must be supported by showing no less thanfive thousand signatures, except for organic, tax laws or internationallaws, including amnesty and pardon.

Art. 141 Holding sessions at the National Legislative Assembly requiresquorum including one-half plus one of the total number of

Representatives to the Legislature.

Passing or approving bills, decrees, resolutions, agreements, andstatements require a favorable vote of an absolute majority of theRepresentatives present, except for cases where the Constitutionrequires other type of majority.

Any billcontaining the stated purposemust be submitted to theSecretariat of the National Legislative Assembly.


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Every bill presented, once it is read before the plenary session of theNational Legislative Assembly, shall be sent to the committee.

In case of an urgent bill sent by the President of the Republic, theexecutive board may immediately submit it to discussion in plenary

session, provided that the Representatives had received the bill fortyeight hours in advance.

Extensive bills for codes and laws may be considered and approved byChapters.

Having received the opinion rendered by the ruling commission orcommittee, this opinion will be read before the plenary, and it shall besubmitted to debate in general. If approved, it will be submitted to debatein particular matters.

Once a bill is passed by the Legislature, such bill shall be sent to thePresident of the Republic for its authorization, enactment, andpublication, except for those bills that do not require such procedures.The Executive Power does not authorize the amendments to theConstitution and constitutional laws, or decrees approved by the NationalLegislative Assembly.

If the President of the Republic neither enacts nor publishes the bill foramendments to the Constitution or constitutional laws; and when he/shedoes not authorize, enact, or publish the other laws within fifteen days,the President of the National Legislative Assembly shall issue orders topublish them through any written or printed media. Such laws shall gointo effect on the very same date they are published, without prejudice tolater publication in La Gaceta, official government daily, which must

mention the date of publication through the media.

Laws shall have regulations where expressly therein stated. The Board ofthe National Legislative Assembly will ask the respective Commission towrite such regulations for respective approval in plenary session, if thePresident of the Republic had not done so within the time period set.

Laws are only repealed or amended by means of other laws. They shallbe in force, starting as of the day of their publication in La Gaceta, officialgovernment daily, except when the laws state otherwise.


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When the Legislature approves substantial amendments to the Laws, itmay order that the full text of the amendments be included and bepublished in La Gaceta, official government daily, except for amendmentsto the Codes.

Bills introduced in one legislature, but not submitted to discussion ordebate, shall be considered in the next legislature. Bills that were rejectedmay not be considered in the same legislature.

Art. 142 The President of the Republic may, in whole or in part, veto a billwithin 15 days after receiving it. If the President does not veto and fails toauthorize, enact, and publish such bill, the President of the Legislatureshall order to publish the law through any printed press withnationwidereach. If the President of the Republic partially vetoes a bill, he/she maymake changes or eliminate some articles of the law.

Art. 143 A bill, in whole or in part, vetoed by the President of the Republicmust be returned to the Legislature, stating the reasons for such veto.The National Legislative Assembly may reject or override the veto if thereis one-half plus one vote of its Representatives, which the President ofthe National Legislative Assembly shall issue orders to publish the law.

When there is a partial veto, this must contain the reasons therein ofevery article vetoed. The corresponding Commission will decide on eachof the vetoed articles. The National Legislative Assembly with a numberof votes that exceeds one half of its Members may override a veto ofevery article in which case the President of the National Legislative

Assembly will be in charge of publishing the Law.

Chapter IIIExecutive Branch

Art. 144 The President of the Republic, who is the Head of State, Head ofGovernment, and Commander in Chief of the Nicaraguan Army, is inexercise of the executive power.

Art. 145 The Vice-President of the Republic carries out the duties statedin this Political Constitution, and other job duties assigned directly by the


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President or by law. Likewise, the Vice-President shall substitute for thePresident when the latter is temporary or permanently absent.

Art. 146 The President and Vice-President of the Republic are elected byuniversal, equal, free, direct elections, and secret suffrage. The

candidates who receive the relative majority vote will be elected.

Art. 147 To be elected President or Vice-President, the candidates needto get a relative majority, at least 40 per cent of valid votes, except forthose who have obtained a minimum 35 per cent of valid votes, doingbetter than the candidates who got the second place by a minimumdifference of five percentage points. If no candidate reaches thepercentage required to be elected, there will be a second election forthose who got the first place and second place, and those who receivethe largest number of votes will be elected.

In case of resignation, permanent absence or disability of any of thecandidates running to be President or Vice-President of the Republic,during the electoral process, the pertinent political party will designatethose who should substitute for such candidates.

The President and Vice-President of the Republic must:

1) Be a Nicaraguan national. Those who had gotten another nationalitymust have renounced such nationality at least four years before electionsare held;2) Fully enjoy political and civil rights;3) Be over twenty-five years of age;4) Have resided, on a permanent basis, in the country over the last fouryears before the elections, except for those who were working inDiplomatic Missions, International Organizations, or studying abroad.

Those who may not run as candidates to be President or Vice-Presidentof the Republic are the following:a) A person who has been President of the Republic at any time in whichthe elections are held for the next term, or a person who had held officefor two presidential periods;b) The Vice-President of the Republic or the person who would havereplaced him/her, had this person held such public office, or as an actingPresident over the last twelve months before the election date for thefollowing term.


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c) Relatives within the fourth degree of kinship or consanguinity, andthose who are or have been family members within the second of maritalrelations with the person who has been President of the Republic at anytime in which the elections are held for the next term;d) Those who lead or provide funds for a coup d'tat; those who alter

constitutional order, and thus assuming as Head of Government,Ministries or Vice-ministries, or positions in other Branches ofGovernment;e) Ministers from any religious group, except when they had resignedfrom their jobs at least twelve months before elections;f) The President of the National Legislative Assembly, governmentministers, and vice-ministers, judges of the Supreme Court of Justice andthe Supreme Electoral Council, the Comptroller and Sub-comptrollerGeneral of the Republic, the Human Rights Attorney and Assistant

Attorney General, and those who had held the position as a Mayor,unless they have resigned from their jobs twelve months before elections;g) (Eliminated).

Art 148. The elected President and Vice-President of the Republic shalltake office in formal session before the National Legislative Assembly,and they shall be sworn in before the President of the National Legislative

Assembly.

The President and Vice-President shall do their duties for a five-yearterm, starting of the date of inauguration, which shall be the tenth ofJanuary of the year following the elections are held. They shall enjoyimmunity during their term of office, in accordance with the law.

Art. 149 The President of the Republicwhile holding officemay leavethe country for no more than fifteen days, without authorization. If he/she

had to leave for more than fifteen days and fewer than thirty days, a priorauthorization from the National Legislative Assembly is required. In thelatter case, the Vice-President shall be acting as President of the country.

In addition, the President of the Republic may leave the country for nomore than three months, provided that there is a permit issued by theNational Legislative Assembly and he/she calls on the Vice-President tohold the Nicaraguan Presidency. However, if such absence is extendedfor more than three months for whatever reason, he/she shall lose his/her

job position for this mere fact, except when the National Legislative


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Assembly considers such case as force majeure, extending the permit fora prudential period of time.

If the President of the Republic leaves the country without authorizationof the National Legislative Assembly, when such authorization is

required, or for an extension of a longer time period than the one that hasbeen authorized, this shall be construed as a resignation.

In case of temporary absence of the President of the Republic, the Vice-President may not leave without prior authorization issued by the NationalLegislative Assembly. His/her departure without such authorization shallbe construed as a resignation.

If the Vice-President of the Republic were not in the country and thePresident of the Republic also had to leave the national territorywhileholding his/her officethe administrative functions or duties shall beassumed by the appropriate ministry in order of succession under thelaw.

If the President of the Republic has a pending criminal case, whichdeserves more than a correctional penalty, may not leave the country.

Temporary absences of the President of the Republic are the following:

1) Temporary absences from the national territory for more than fifteendays.2) The temporal disability or inability shown in carrying out his/her duties,declared by the National Legislative Assembly and approved by two-thirds of the Representatives.

In addition to the absences contained in this Article, permanent absencesare the following:

a) Decease;b) Resignation, when it is accepted by the National Legislative Assembly;c) Total permanent disability declared by the National Legislative

Assembly and approved by two-thirds of the Representatives.

In case of the temporary absence of the President of the Republic, theVice-President shall assume the Presidential duties.


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In case of temporary and simultaneous disability or inability of thePresident and Vice-President, the President of the National Legislative

Assembly shall assume in the interim the Nicaraguan presidency. Whileacting as an interim President of the Republic, the First Vice-President to

the National Legislative Assembly shall act as President of the NationalLegislative Assembly.

Due to permanent absence of the President of the Republic, the Vice-President shall assume the presidency for the remainder of the term, andthe Legislature must elect a new Vice-President.

In case of permanent absence of the Vice-President of the Republic, theNational Legislative Assembly shall appoint a substitute.

If the President and Vice-President of the Republic are permanentlyabsent, the President of the National Legislative Assembly or whoever isnext in order of succession under the law shall assume the duties of thePresident and Vice-President. The National Legislative Assembly mustappoint those who will be the substitutes within seventy two hours aftertheir positions have become vacant. Those appointed shall perform theirduties for the remainder of the term.

In all of the above cases, the National Legislative Assembly shall electthe substitutes from among its members.

Art. 150 The functions or duties of the President of the Republic are to:

1) Comply with the Political Constitution and the laws, and make publicservantsunder his/her administrationenforce the Constitution and the

laws.2) Represent the nation.3) Introduce bills and exercise the right to veto, in accordance with thisConstitution.4) Enact executive decrees in administrative matters.5) Prepare a Bill for the General Budget of the Republic and submit it tobe reviewed by the Legislature for its approval, ratification, andpublication once it is passed.6) Appoint and remove Ministers and Vice-ministers, Attorney Generaland Assistant Attorney General of the Republic, Directors of Autonomous


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and Government entities, Heads of Diplomatic Missions, informing theNational Legislative Assembly within three days about such appointmentfor ratification, which will be effective when the Legislature ratifies it.Remove officials from their positions when the National Legislative

Assembly has decided to do so.

7) Request the President of the National Legislative Assembly to convenespecial sessions during the recess period of the Legislature, in order totake on urgent matters of legislation.8) Conduct affairs with regard to international relations of the Republic.Negotiate, formalize, and sign treaties, agreements, and oth

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