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TORTILLA CON SAL
a different focus - Nicaragua - un enfoque diferente

News summary for July 2nd 2008

by Karla Jacobs


Accusations in CENIs fraud case to be announced imminently
On June 28 Special Prosecutor Armando Juarez confirmed plans to indict 43 individuals, including Constitutional Liberal Party (PLC) candidate for Mayor of Managua, Eduardo Montealegre, and former President of the Nicaraguan Central Bank, Noel Ramirez, during the course of the coming week as part of the criminal investigation he is leading into the infamous CENIs scandal. In response to claims by Montealegre and his supporters that he is a victim of political persecution, Juarez said that pursuing a formal accusation against the political leader "was never an objective of this investigation." The pending accusation corresponds to overwhelming evidence implicating Montealegre, Ramirez and others in one of the "biggest fraudulent operations" in the country's history, he said.

On July 1 Prosecutor Juarez said the objective of the legal proceedures in this case are not only to bring those implicated in the multi million dollar fraud to justice, but also to recover the approximately US$604 million dollars stolen from the Nicaraguan state as part of this illicit operation.

Both Montealegre, currently a deputy in the National Assembly, and Noel Ramirez, currently a deputy at the Central American Parliament enjoy judicial immunity. Therefore, in order for legal action being taken against them a majority of deputies (47) in the National Assembly would have to approve a motion to remove their immunity.

On June 29th former president and leader of the PLC Arnoldo Aleman came out with a statement of unconditional party support for Montealegre, implying that the 25 PLC deputies in the Assembly would not vote to remove Montealegre's immunity. Presumably the same would apply for Aleman's close friend and political ally Noel Ramirez. Also Aleman did not mention Ramirez' name in the statement. "How many more innocent people does the [Sandinista] Front plan to put in jail over this CENIs case?" asked Aleman.

Some analysts believe that, considering the grave implications the pending accusations have for numerous influential figures within the political right wing and the Nicaraguan oligarchy in general, the CENIs case could prove to be a catalyst favoring the process of liberal unification around the central and dominant figure of former president Aleman. 

Opposition forces declare struggle against "institutional dictatorship"
During a protest rally on June 27th representatives of political forces and NGOs opposed to Daniel Ortega's Sandinista government declared the beginning of a civic struggle against what they describe as the "institutional dictatorship" they say is being put in place by Ortega and former president Arnoldo Aleman as part of the infamous "pacto." Different media outlets estimated that between 6,000 and 15,000 people took part in the march organized mainly by the "Movement for Nicaragua," an NGO which is funded by, among others, the US Embassy in Managua, the US Agency for International Development (USAID) and the International Republican Institute (IRI). As well as representatives of a number of NGOs, including the Civil Coordinator, representatives of the "We're with Eduardo" Movement (MVE), the Conservative Party and the Sandinista Renovation Movement (MRS) participated in the rally. It was interesting to note that a number of Constitutional Liberal Party (PLC) dissidents took part in the march despite the National Executive Committee's outright prohibition of its members and representatives participating in an event aligned with the political strategies of former FSLN leaders in the MRS. Among those PLC representatives that took part were PLC alliance candidate to Mayor of Managua Eduardo Montealegre and PLC deputies Enrique Quiñonez, Jose Pallais and Maximino Rodriguez.

According to the MRS' Dora Maria Tellez the march marks the beginning of a "series of civic actions to avoid the closing of democratic spaces, ... [and] we will not stop until until we have thrown the last shovel of earth on [the coffin of] the dictatorship and the pact." PLC dissident Enrique Quiñonez coincided with Tellez saying "I am sending a message to ... Ortega and ... Aleman: Today we begin the struggle against the dictatorship ... they're going. They're going and we are going head to head against the Frente [the FSLN]."

Some journalists considered the march to represent the first major show of a unified opposition against the FSLN government. Others pointed out, however, that the deep running divisions and presumed ideological contradictions within the opposition forces that marched on June 27 may impede the creation of any sort of effective unified opposition force. It was also pointed out that the blatantly contradictory discourse of those who wish to project themselves as leaders of the opposition may contribute to their political descent. This observation applied specifically to Constitutional Liberal Party (PLC) candidate to Mayor of Managua Eduardo Montealegre and the Sandinista Renovation Movement's (MRS) Dora Maria Tellez. While Dora Maria Tellez is adamant that her party represents the most ethical political option and the most pure form of Sandinismo she simultaneously aligns herself with some of the most far right figures on the Nicaraguan political scene. Montealegre, meanwhile, has no qualms in displaying his political alignment with the anti-pacto movement while insisting on not renouncing his candidacy with the PLC alliance. Montealegre has the added problem of pending legal action for his involvement in the CENIs scandal (see story no. 1).

Government files law suits against Barceló for US$30 million
On June 25 Attorney General Hernan Estrada announced that the government had filed a law suit against the Spanish multinational company Barcelo Montelimar for US$30 million for breech of contract at the International Center for the Settlement of Investment Disputes (ICSID), an institution of the World Bank based in Washington. According to the Nicaraguan government Barcelo has repeatedly breached the contract it signed with the government of former president Violeta de Chamorro in 1993 and currently owes the Nicaraguan state over US$30 million. This sum does not include lucrum cessans and damages to the state, according to Estrada.

Estrada went on to say that the decision to take the case to the ICSID, an institution with a long tradition of not favoring claims by "popular sectors," because the government feels confident it has more than sufficient evidence to back up its claim and because of the "vast experience the government presided over by Daniel Ortega has in international law suits."

On June 26 Barceló's legal representative took part in a press conference during which he denied that the company owes the Nicaraguan state any money.

Calderon urges Nicaragua and Colombia to lower tension
During the Plan Puebla Panama forum which took place in Mexico over the weekend (June 28 - 29) Mexican President Felipe Calderón urged his Nicaraguan and Colombian counterparts Daniel Ortega and Alvaro Uribe to lower the tension in the dispute between their two governments over the political asylum Ortega awarded to three survivors of a Colombian Army attack on a FARC (Colombian Revolutionary Armed Forces) encampment in Ecuador in March. "We exhort the nations of Central America and Colombia to resolve their differences through political dialogue," said Calderón in allusion to the ongoing tension between Nicaragua and Colombia over the issue of the FARC camp attack survivors, a situation complicated by a maritime border dispute the two nations have sustained for the last several years which has resulted in already tense bilateral relations. It emerged on July 1 that at the end of the summit in Mexico President Uribe invited President Ortega to visit Colombia in order to witness first hand the realty of the country. According to one of Uribe's presidential advisers, Jose Obdulio Gaviria, President Ortega was very receptive to the invitation.

Tension between the two nations intensified recently when on June 23rd Colombian Ambassador to the Organization of American States (OAS) Camilo Ospina accused Nicaragua of "publicly supporting terrorists" during an address to the organization's permanent council. In an interview published in the Colombian newspaper "El Espectador" on June 27th Ospina said it is necessary for Ortega to "publicly reject the FARC ... and confirm he has no intentions to support the FARC in any way." Ospina considers it unlikely that the Nicaraguan president will do so, however, saying he believes Ortega "feels profound respect and affection for the FARC."

According to Ospina the OAS permanent council will at some point will have to respond to Colombia's accusations that Nicaragua harbours terrorists, "they will have to decide whether we are in the right or not."

On June 27 Nicaraguan Vice Foreign Minister Manuel Coronel Kautz reiterated his government's position that Nicaragua has "the right and the obligation" to award asylum to those people whose lives are at risk.

12 year old girl receives therapeutic abortion despite abortion ban
Special Ombudsman for children and adolescents Norma Moreno informed the press on June 26th that the 12 year old girl refered to as "Marianita," whose life was at risk as a result of her 24 week pregnancy, received a therapeutic abortion in the Bertha Calderon Women's Hospital in Managua despite the total ban on abortion in Nicaraguan law. Moreno said the doctors at the hospital "took the decision ... in line with the principal of the superior interest of the child, which means that any decision made by any authority in this country must prioritize a child's right to life." Moreno went on to call on the National Assembly to reintroduce the right to therapeutic abortion for minors who fall pregnant as a result of sexual abuse.

The decision to carry out a therapeutic abortion on "Marianita" was criticized by the Bishop of Esteli Aberlardo Mata, who has demonstrated himself to be one of the most radical supporters of the total abortion ban. Mata cast doubt on the importance of the abortion in saving "Marianita's" life and said "practising evil in an attempt to do good should not be an option."

Four dead and hundreds evacuated as result of flooding in RAAS and Chontales
Four people are reported dead and hundreds have been evacuated from their homes as the result of five days of torrential rains in numerous municipalities of the Southern Atlantic Autonomous Region (RAAS) and the central department of Chontales. At least 70 houses and 40 letrines have been damaged by the flooding and 50 wells have been contaminated. Local authorities also predict significant agricultural losses as a result of the rains. The local health and public defense authorities are taking measures to ensure the well-being of the those affected.

IMF representative: macro economic situation is good
The in country International Monetary Fund (IMF) representative Humberto Arbulú said on June 25th that "considering the adverse" international economic situation "the macro economic situation in Nicaragua is good." As examples of positive macro economic tendencies in Nicaragua he mentioned that "international reserves are buoyant, the fiscal deficit is under control [and] the financial system continues to grow healthily."

Arbulú went on to say that based on the information which has been made available by the government, there is no reason to think that the Venezuelan cooperation is creating a secret public debt as alleged by national opposition media outlets.

Finally Arbulú denied that the national offices of the IMF owe the Social Security Institute (INSS) any money. Last week INSS fined the IMF in country mission US$1,000 for failing to keep up to date with the social security payments for its workers. INSS President Roberto Lopez said that this week inspectors will again attempt to carry out a routine check of IMF social security payments. If, as has happened on two previous occasions, the INSS inspectors are not permitted to carry out the check, said Lopez, his institution would be forced to impose a further US$1,000 fine.

Mejía Godoy brothers announce legal action against government
During a press conference on June 26 Carlos Mejía Godoy and Luis Enrique Mejía Godoy, two of the most well known Nicaraguan songrwriters, announced plans to take legal action against the FSLN government which continues to use their music during official acts despite the brothers' prohibition on their doing so. The brothers are preparing the lawsuit with the help of Sergio Garcia Quintero, a lawyer at the Nicaraguan Center of Human Rights (CENIDH). The brothers have also prohibited the pro FSLN radio station, La Nueva Radio Ya, and pro FSLN television channel, channel 4, from using their music, both media outlets have ignored the prohibitions, however.

One of the original members of the FSLN (the Sandinista Front for National Liberation) Tomas Borge, (who co-wrote a number of songs with Carlos Mejia Godoy) wrote a public letter in response to Carlos' prohibition. "After reflecting ... on the attempt to deprive us of the cultural wealth of Carlos' songs, I am of the opinion that this legal formality, which could result in a lawsuit against us, should not make us feel obliged to renounce these works, which, like it or not, belong to the blood of those who fell, to those [martyrs] who are so respected by the hundreds of thousands of militants of the FSLN... We should confront the challenge of a judicial condemnation and not the condemnation of history and of the broken bones of our martyrs," read Borge's letter dated June 19th. It would appear that Borge's recommendation is in line with the position taken by the FSLN government, La Nueva Radio Ya and Channel 4 on the matter.

Government provides scholarships for young people living in precarious social situations
The government has provided over 200 young people from some of the most impoverished and violent sectors of Managua with scholarships to take part in technical training programs such as automobile mechanics as part of the program Citizen Security and Coinhabitance. This program, which is being implemented by the National Police, the Ministry of the Family and the Nicaraguan Youth Institute among other public institutions, aims to reduce levels of violent crime in poor Managuan neighborhoods. The scholarship program aims to help young people to reject gang lifestyle, a lifestyle intrinsically linked to unemployment and urban destitution, by providing them with the professional qualifications they need to find employment.

Ortega meets with US Health Secretary
On June 25 President Daniel Ortega met with the US Secretary of Health and Humanitarian Services Michael Leavitt as part of the latter's brief tour of Mexico and Central America to discuss with regional authorities the US proposal to put in place new quality control guarantees for food products exported from these countries to the US.

During the meeting it was agreed that the US Environment Agency would collaborate with the Nicaraguan authorities in efforts to detain contamination of Central America's biggest lake, Lake Cocibolca. It was also agreed that the US would finance training of a number of Nicaraguan health workers in the Regional Center for Health Worker Training in Panama, which is affiliated with the US Department of Health.

Libyan delegation visit Nicaragua to strengthen bilateral relations
An official Libyan delegation visited Nicaragua between June 23rd and 27th in order to lay the foundations for the first meeting of a mixed Nicaraguan-Libyan commission. The delegation was led by the Libyan Foreign Ministry's Director for the Americas Mohamed H. S. Matri who was accompanied by representatives of the Libyan Central Bank, Financial Ministry and the Departments of External Cooperation, Tourism, Agriculture, External Investment and Petroleum. There was very little press coverage about the Libyan delegation. La Prensa, Nicaragua's conservative daily, however, published two articles during the week quoting documents the Colombian government claim to have found in FARC leader Raul Reyes' laptop which suggest Ortega is Libyan President Muammar el-Gaddaffi's representative in the American continent and the link between Gaddaffi and the FARC. 

National Assembly elects four PLC and four FSLN Supreme Court magistrates
The Sandinista party (FSLN) and the Constitutional Liberal Party (PLC) (which together make up a majority in the National Assembly) voted together to elect the eight magistrates of the Supreme Court for the period 2008 - 9, four of PLC tendency (Manuel Martinez Sevilla, Gabriel Rivera Zeledon, Antonio Aleman Lacayo, and Edgar Navas Navas) and four of FSLN tendency (Yadira Centeno Gonzalez, Francisco Rosales Arguello, Ligia Molina Arguello and Marvin Aguilar Garcia).  PLC spokeperson Wilfredo Navarro criticised politicians of the other opposition parties for being unwilling to negotiate, attempting to impose their will and then complaining that none of their candidates were elected.