Nicanet - The Nicaragua Network

Nicaragua Network Hotlines for January 23, 2007

News topics covered in this Hotline include:

Topic 1: Laws changing balance of power delayed


The National Assembly voted to put off for one year a series of five constitutional amendments and laws passed early last year which would change the balance of power between the presidency and the legislature. The laws shift the power to appoint most government agencies and commissions from the president to the National Assembly. After former President Bolaños called it a threatened coup and invoked the Organization of American States "Democracy Charter”, the former National Assembly agreed not to implement the restructuring of the government until after the November presidential election. The FSLN and the Nicaraguan Liberal Alliance benches supported postponing implementation of the law while the Constitutional Liberal Party voted against and the Sandinista Renovation Movement abstained. The 1987 Constitution created a powerful president and a weak legislature. For at least the next year President Ortega will enjoy the same power as his predecessors.

The National Assembly also created a special committee to prepare “thorough reforms” to the Constitution with prior consultation with civil society. The special committee was again approved by votes from the FSLN and ALN benches. This is an important early indicator that the so-called pact between Ortega and PLC leader, former President Arnoldo Aleman, may have ended. The FSLN has fewer than half the votes in the National Assembly and thus needs votes from one of the two right-wing parties to pass any bill. That it is the ALN rather than the PLC that is voting with the FSLN is interesting, but not conclusive at this early date.

Ortega has announced that he will promote amendments to the Constitution to convert the political system into a “direct democracy” with participation from “Popular Assemblies” in departments, municipalities and marginalized communities.


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Topic 2: Catholic Church reminds FSLN of their commitments regarding abortion law


A day after Minister of Health Maritza Cuan announced that she was in favor of therapeutic abortion, the Archbishop of Managua Leopoldo Brenes warned the members of the National Assembly that they should not modify the new law that criminalizes abortion to save the life or health of the woman because, in addition to going against the will of the people, he claimed it would clear the way to create laws that allow, among other things, euthanasia.

Cuan expressed Saturday that "everything should be done to avoid the criminalization for therapeutic abortion." Yesterday however, after the homily in celebration of the Virgin of Altagracia, Archbishop Brenes stated that the penalty for therapeutic abortion was "a request of the people," who endorsed these legal reforms with more than 200,000 signatures. Brenes went on to state, “If today we are going to approve a law to assassinate children, alas tomorrow there will be another, one for euthanasia, in which the elderly will be assassinated."

In the past year, a little before the presidential elections, the legislators reformed article 165 of the Penal Code, setting penalties for those who were involved in a therapeutic abortion. The FSLN, to which the current Minister of Health belongs, supported the Catholic Church in its call to penalize therapeutic abortion.

Brenes added that the thousands of signatures that denounced abortion are not exclusively Catholic, and the National Assembly must value requests of these people. In addition the religious leader falsely claimed that scientifically it has been verified that life exists from fertilization and therefore, the Catholic Church will continue with this doctrine. The Autonomous Womens Movement, the Nicaraguan Center for Human Rights (CENIDH), and the doctors and health care workers associations in the country are challenging the new law on legal and political grounds.


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Topic 3: Comptroller General overwhelmed by accusations of corruption under Bolaños government


The Nicaraguan Comptroller General office and the National Assembly began to investigate numerous corruption cases based on discoveries by the new authorities in the ministries and national agencies. Ghost employees, irregular contracts awarded, padded labor agreements with substantial indemnifications and embezzlement by civil employees in the previous administration of President Enrique Bolaños are only some of the accusations that the Comptroller is receiving daily.

The head of the Comptroller General's office, Guillermo Argüello, stated that the number of cases for acts of corruption are saturating the department, and is the reason why it was decided that the auditors of each institution should control their own investigations. He announced that in the next few days there will be a resolution sent to the Chief Justice and Public Prosecutor’s offices that will establish the criminal responsibilities of an ex-official who took US$30,000 in loans from an institution, whose name remains unspecified.

The director of the Nicaraguan Aqueduct and Sewage Company (ENACAL), Ruth Herrera, stated that she was given charge of the state-owned water company with losses of up to US$100 million due to administrative irregularities. The Ministry of the Family reported payments of $17,500 dollars for a severance package for an official last October as well as irregular processes in the management of the adoption of minors; meanwhile the Ministry of Construction and Transportation is carrying out audits on a number of infrastructure and public works projects in which more irregularities have been detected according to the new authorities in charge. Altogether, between the 15th of December and 9th of January at least 18 internal audits have been sent to the Comptroller’s office for investigation, according to the administration of the controlling body for Internal Audits.


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Topic 4: Union Fenosa tries to trade debt while ENACAL lowers costs


Jorge Katín, Communications Manager for Union Fenosa, the Spanish transnational electric company, stated that Fenosa is willing to settle part of the outstanding debt that it claims the state-owned water company ENACAL owes in exchange for a pardon of a substantial percentage of the debt that Union Fenosa owes Hidrogesa, the state-owned hydroelectric company. Fenosa owes Hidrogesa more than US$12 million for energy purchases. Union Fenosa owns the electrical grid in the country but not the plants that produce electricity. ENACAL, according to Fenosa, owes it more than US$9 million. ENACAL contests the charges.

At the same time ENACAL looks to save US$120,000 per month with the modifications to its contract with Hidrogesa, which is part of the Nicaraguan Electrical Company (ENEL). The agreement was signed between Ruth Selma Herrera, president of ENACAL and Ernesto Martinez Tiffer, representative for ENEL. The agreement has been approved by the Nicaraguan Institute of Energy (INE), the regulating body for the energy sector. The agreement will increase the amount of energy that Hidrogesa sells to ENACAL, from four megawatts to twelve megawatts. The energy produced by Hidrogesa is hydroelectric as opposed to the more expensive fuel oil generated power that is Union Fenosa's primary source. The twelve megawatts will cover 50 percent of the energy that ENACAL needs to operate. Herrera commented that this savings will financially “breathe life” back into the company, allowing it to earmark more resources to improve the water supply, as well as provide more flexibility to manage payments for power consumption to Union Fenosa.

Topic 5: Suffering in Western Rural Communities


Contaminated well water in the Sutiaba community of La Peineta has caused the death of approximately 21 persons over the last 2 years. The serious contamination forced the Environmental Commission authorities of León’s Municipal Government to declare a “State of Alert for Contamination.” The over-exploited land and massive use of agrochemicals in peanut farming are presumed to be the causes of the contamination. With the death of a ten year old girl this last week the municipal authorities register a total of 21 victims counting both adults and children. Authorities of the Ministry of Health (MINSA) have not made any declarations; however, they are investigating the official complaints made by the local citizens regarding the contaminated water sources.

Leonel Fonseca, community leader in La Peineta, stated that the people are dying because of contamination. “The water that we, the inhabitants of this community, consume daily is severely contaminated by pesticides and insecticides that the peanut producers have applied to their crops for a number of years,” declared Fonseca. At the same time he demanded that the authorities resolve this terrible problem as quickly as possible to avoid more tragedies.

Teodoro Sánchez, Council Secretary and President of the Environmental Commission for the Department of León, explained that since December last year preventative measures are in place. In order to clarify the situation, the microbiology lab at the UNAN-León’s Chemistry department will run tests on water samples extracted from wells and water sources that are used daily to provide water to the population.

Technicians from the Management of Environmental Affairs, a part of the Environment and Natural Resources Ministry (MARENA), the Ecology and Development Foundation (CODES), and the Ministry of Public Health (MINSA) are working to clarify this environmental tragedy.

A study on the contamination of underground and surficial water supplies by pesticides and herbicides done by the Development Foundation (FUPADE), between July and October of 2006 in five municipalities of the Department of León and Chinandega, found high levels of concentrations of agrochemicals. Samples were taken from domestic wells in El Viejo and Chinandega, where it was found that more that 70% of the water sources contained pesticides; the same was true for 20% of the water sources in León.

Pedro Rivera, consultant for the environmental study, stated that water from domestic wells is unfit for human consumption due to high concentration of agrochemicals. “The population is in continual risk of contracting cancer or illness affecting the skin and kidneys.” He also stated that this important study will make it possible for the authorities of the Aqueduct and Sewage Institute (INAA) the use of up-to-date information in material contaminates of water resources in rural communities, in order to lobby for the installation of potable water networks as soon as possible in these communities.

By Wednesday, January 24th the Environmental Commission will have the results from the water analysis run by the specialists at the UNAN-León.

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This hotline is prepared from the Nicaragua News Service and other sources. To receive a more extensive weekly summary of the news from Nicaragua by e-mail or postal service, send a check for $60.00 to Nicaragua Network, 1247 E St., SE, Washington, DC 20003. We can be reached by phone at 202-544-9355.