The articles targeted for repeal: Unveiling the dictatorship’s agenda

Daniel Ortega imposes a constitutional reform that eliminates key rights and consolidates his dictatorship, declaring Nicaragua a “revolutionary and socialist” state. Democracy is buried, leaving the country in total legal defenselessness.

Constitución
Divergentes

The Daniel Ortega regime has once again trampled Nicaragua’s Political Constitution, wielding it as a tool to consolidate its grip on power. On November 19, Ortega submitted the “Bill for Partial Reform of the Constitution” to the National Assembly, accompanied by an explanatory memorandum. This move represents a devastating blow to the nation’s foundational legal framework.

The proposal goes beyond declaring the state as “revolutionary and socialist”; it also repeals and alters critical constitutional provisions, institutionalizing absolute control, leaving the country legally defenseless against the dictatorship, and delivering a final blow to an already crumbling rule of law. This marks the emergence of the OrMu Constitution and the dismantling of democracy in Nicaragua.

In this piece, DIVERGENTES examines the key constitutional articles targeted by Ortega’s regime and delves into the far-reaching consequences these changes hold for Nicaragua, its citizens’ rights, and its future.

No protection for procedural rights

The “Bill for Partial Reform of the Constitution” eliminates Article 34, which protected essential rights in legal proceedings, including access to fair defense, the prohibition of confessions obtained under coercion, and respect for basic legal guarantees. Its repeal places Nicaraguans in a dangerous legal void, paving the way for abuses like arbitrary detentions and summary trials, particularly in an increasingly authoritarian environment.

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The reform fails to provide any replacement for these protections, leaving a legal gap that could legitimize human rights violations, such as coerced confessions and other unlawful practices.

Juan Diego Barberena, a lawyer and member of the Monteverde board, warns that “the explicit repeal of detainees’ rights under Article 33 is especially alarming. These rights included the guarantee of appearing before a judge within 48 hours of detention, accountability for unlawful detentions, and the right to be informed of the reason for arrest.” This renders habeas corpus ineffective, leaving individuals unprotected against fundamental rights violations.

“This is, unequivocally, a return to an inquisitorial legal system rooted in constitutional disempowerment,” Barberena asserts.

He further explains that the Ortega-Murillo regime seeks to dismantle constitutional safeguards such as the right to adequate defense, the right to be tried without undue delay by a competent tribunal, and protection from being removed from one’s lawful judge or subjected to an exceptional court.

Other rights under threat include access to public defenders, procedural transparency, the assurance of timely and reasoned rulings, trial by jury, and protection against retroactive prosecution for actions not explicitly defined as crimes at the time they were committed.

According to Barberena, this constitutional reform also eliminates a critical safeguard: the right to be prosecuted only for offenses clearly established by law at the time of their occurrence.

This change exacerbates legal uncertainty, permits retroactive punishment, and strengthens the state’s absolute control over its citizens, opening the door to the arbitrary criminalization of dissenting voices.

The OrMu constitution erases torture

The articles targeted for repeal: Unveiling the dictatorship's agenda
The National Police is the main organ of repression and torture of the Sandinista dictatorship. Divergentes EFE/Alberto González.

The term “torture,” universally recognized as a grave human rights violation, has inexplicably disappeared along with Article 36, which had safeguarded respect for physical, psychological, and moral integrity while explicitly prohibiting torture. This removal is widely seen as an effort to weaken its prohibition, despite Nicaragua’s obligations under international treaties such as the UN Convention Against Torture.

“With this reform, torture is constitutionally legitimized. Some may argue, ‘They were already doing it.’ That may be true, but there’s a stark difference between violating rights and dismantling the democratic state to strip citizens of their dignity and fundamental rights,” Barberena concludes.

The right not to be tortured is an absolute right, one that cannot be restricted under any circumstances or interpretations.

Another concerning aspect of this repeal is the vague language in Article 33, which referenced “cruel, inhuman, or degrading treatment” but failed to explicitly address torture. Likewise, while terms such as “human dignity” appear in Article 60, they are not accompanied by concrete measures to ensure protection against such practices.

Denationalization as punishment for “betraying the homeland”

The articles targeted for repeal: Unveiling the dictatorship's agenda
On February 9, 2023, Nicaragua experienced a bittersweet historic event: 222 Nicaraguans imprisoned for exercising their freedom of thought were released and put on a plane chartered by the Joe Biden Administration bound for Dulles, Washington. Photo: Divergentes/Miguel Andrés

The proposed constitutional reform elevates the concept of “betrayal of the homeland” to constitutional status, defining it broadly to include actions such as leading or funding a coup, disrupting the constitutional order, inciting terrorism, promoting foreign interference, or advocating for sanctions against the country.

Under Article 17 of the reform, individuals labeled as “traitors to the homeland” will lose their Nicaraguan citizenship, repealing Article 20, which had previously safeguarded nationals from losing their citizenship, even if they acquired another nationality.

This tactic is a hallmark of Ortega’s regime, reflecting its calculated refinement of repressive methods to silence opposition. Félix Maradiaga, a former presidential candidate, underscores that denationalization constitutes an inhumane and illegal practice under international law.

Ortega’s approach has even extended to his own family. He labeled his brother, Humberto Ortega, a traitor. While Humberto was not formally stripped of his citizenship, he lived his final years under house arrest. For the Ortega-Murillo regime, any critique of its rule is equivalent to treason.

“Exile as a punishment is an ancient practice rooted in classical Rome, where banishment was second only to the death penalty. Today, this practice has been revived by dictatorships seeking to eliminate opponents without resorting to physical disappearance. Denationalization, rarely codified explicitly in law, has become a modern tool of repression,” Maradiaga notes.

Gustavo Porras, President of the National Assembly, defended denationalization by citing the deportation of 222 opposition members to the United States. Porras justified the measure by comparing it to harsher punishments in democratic nations, claiming that “traitors are executed in other places, while in Nicaragua, we strip them of their nationality.”

This denationalization involves not only expulsion from the country but also property confiscation, reinforcing the punitive and authoritarian nature of the reform.

Criminalization of protests

The articles targeted for repeal: Unveiling the dictatorship's agenda
Blue and white balloons are released in front of members of the police during a mass for the release of political prisoners at the San Miguel church in Masaya. Divergentes | EFE/Jorge Torres

Another article targeted by this reform is Article 54, which recognizes the right to assembly, demonstration, and public mobilization in accordance with the law.

The reform revises this in Article 52, stipulating that public demonstrations must adhere to the fundamental principles outlined in the Constitution and be regulated by specific laws. It adds “security and peace” as guiding principles.

However, since 2018, the Ortega regime, through the National Police, has banned protests against the government and threatened organizers with prosecution.

Authorities now classify demonstrations as “illegal” and a threat to the country’s peace and security. As a result, all avenues for public protest have been effectively shut down since the sociopolitical crisis of 2018.

“The National Police reiterates that anyone responsible for disturbances or threats to peace, work, life, and the rights of individuals, families, and communities will face justice. This applies to those individuals or organizations calling for these illegal demonstrations, which have been and continue to be linked to criminal, destructive, and unlawful activities,” reads the statement issued by the National Police and distributed to foreign correspondents by First Lady and Vice President Rosario Murillo.

The vague references to “peaceful assembly” and “demonstration” in the reform fail to provide a robust protective framework. This opens the door to discretionary interpretations by the state, enabling restrictions under the guise of security or public stability. Recent history in Nicaragua, characterized by the criminalization of protests, makes these ambiguities particularly alarming.

Eliseo Núñez highlights that the right to protest has been systematically suppressed by the regime. “Remember, it was one of the first rights eliminated during the 2021 electoral campaign,” he notes. Despite their iron grip, “the regime deeply fears people gathering in the streets.”

This fear became evident in the case of Sheynnis Palacios, where the regime’s response underscored its dread of public demonstrations. Núñez emphasizes that Ortega understands that mass mobilization would seal his downfall. A massive protest would signal a decisive public rejection, something the regime will go to great lengths to prevent.

The end of university autonomy

The articles targeted for repeal: Unveiling the dictatorship's agenda
Casimiro Sotelo National University opens its doors to Nicaraguan youth at the confiscated Central American University. Divergentes | Taken from El 19 Digital

The repeal of Article 125 and the reform of Article 121 of Nicaragua’s Constitution mark a significant regression in university autonomy and the country’s educational system. This comes amidst a broader context of government control.

Article 125 had guaranteed universities’ academic, financial, organizational, and administrative autonomy, shielding them from governmental interference. Its repeal strips these institutions of legal protection, allowing the regime to take control of their academic, financial, and administrative decisions.

The reform also limits the participation of students and faculty, centralizing power and aligning institutions with the regime’s interests, thereby eradicating diversity of thought and severely restricting academic freedom.

Jason Salazar, a former political prisoner and leader of the April 19 Student Movement, states: “The repeal of university autonomy by Daniel Ortega is a blow to democracy, academic freedom, and university governance. It formalizes state control over educational institutions.”

Although Article 125 ensured a 6% allocation of the state budget for universities, the reform to Article 121 provides no clarity on funding distribution and does not guarantee financial independence.

This creates opportunities for the government to manipulate budget allocations to its advantage, suppress dissenting voices, and destabilize the few remaining universities in the country, which have historically been places of free expression and critical discourse.

Salazar stresses that “student movements are losing spaces of freedom to organize and express ideas. This is an attack on freedom of expression and association. The instrumentalization of education is a mechanism of social control, generating distrust and delegitimizing the educational system.”

Agrarian reform: From revolutionary promise to modern-day confiscation

The articles targeted for repeal: Unveiling the dictatorship's agenda
Francisca Ramírez and a group of peasants, after they were displaced and forced into exile by the dictatorship in Nicaragua. Divergentes | Carlos Herrera.

Articles 106, 107, and 108, which had enshrined Agrarian Reform in Nicaragua’s Constitution, have been repealed.

While the concept of agrarian reform persists in other laws, its removal from the Constitution represents a significant setback for land democratization and sustainable economic development.

This change comes in a context where the peasant movement, once a proud symbol of Sandinista ideals in the 1980s, is now among the most brutally repressed sectors under the regime—highlighting a betrayal of Sandinismo’s historic principles.

In a 2023 lecture on the Constitution, Sandinista deputy Wálmaro Gutiérrez explained that Agrarian Reform has historically aimed to combat land concentration in large estates, a mechanism of campesino oppression. He emphasized that in the “second phase of the revolution,” agrarian reform would eliminate idle estates without confiscation, adhering to Article 44 of the Constitution, which mandates public, transparent expropriation with prior compensation.

Despite these claims, the regime has continued to denationalize opponents and confiscate their properties without redistributing them. For example, La Prensa was turned into a cultural center; Confidencial’s headquarters became a maternal home in 2021; and the building of 100% Noticias is now a rehabilitation center for alcohol and drug addiction.

Amaru Ruiz, director of Fundación del Río, argues that the context in which agrarian reform was effectively implemented in the 1980s no longer exists. Today, the feasibility of such reform is nearly nonexistent, as it would directly conflict with the regime’s allies. Ruiz asserts that the repeal of these articles reflects the current political and economic reality.

Nonetheless, Deputy Gutiérrez reiterated in his lecture that the aspiration of the Nicaraguan people and campesinos to deepen agrarian reform remains a core commitment of the FSLN: “Giving land to those who truly make it productive is a reality and an unwavering promise.”


The information we publish in DIVERGENTES comes from contrasted sources. Due to the situation in the region, many times, we are forced to protect them under pseudonymity or anonymity. Unfortunately, some governments in the region, including the Nicaraguan regime, do not provide information or censor independent media. For this reason, despite requesting it, we cannot rely on official, authorized versions. We resort to data analysis, anonymous internal sources, or limited information from the official media. These are the conditions under which we exercise a profession that, in many cases, costs us our safety and our lives. We will continue to report.