Uptated and complete Nicaragua's Constitution
Legal Translator Rolando Ernesto Tellez
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Translator Rolando Ernesto Tellez
International Güegüense Books
Managua, Nicaragua, Central America
Tel. (505) 2289-4596
etellez43@yahoo.com rolando2@fulbrightmail.org
First
Edition 2012
Revised
by Alfredo Díaz Vílchez, Attorney and Professor of English
Cover
design by Diana Carolina Tellez Chavarría
ISBN: 978-99964-0-133-6
CONTENTS
Foreword 3
POLITICAL CONSTITUTION OF NICARAGUA
4
TITLE I Fundamental Principles 6
TITLE II The State 7
TITLE III Nicaraguan
Nationality 9
TITLE IV Rights, Duties,
and Guarantees (Civil Liberties)
of the Nicaraguan
People 10
Individual Rights 10
Political Rights 16
Social Rights 17
Family Rights
19
Labor Rights 21
Rights of the
Communities on the East Coast 23
TITLE V National Defense 23
TITLE VI Nicaraguan
Economy, Agrarian Reform,
and Public Finances 25
Nicaraguan
Economy 25
Agrarian Reform 27
Public Finances 28
TITLE VII Education and
Culture 30
TITLE VIII Organization of
the State 32
General Principles 32
Legislative
Branch 34
Executive Branch 42
Comptroller General´s
Office of the Republic 49
The Judiciary
(Judicial Branch) 50
Electoral Branch 53
TITLE IX Political-Administrative
Division 56
Municipalities 56
Communities on the East
Coast 59
TITLE X Supremacy
of Constitution, Its Amendment … 60
Political Constitution 60
Constitutional
Control 60
Constitutional
Amendment 61
TITLE XI Final and Transitional
Provisions 62
Foreword
THE POLITICAL CONSTITUTION IS THE LEGAL REFERENCE OF A COUNTRY IN WHICH
INVESTORS PLAN TO DO BUSINESS. ALSO, THIS REFERENCE BOOK IS USED BY ATTORNEYS, INVESTORS,
LEGAL ADVISORS, AND UNIVERSITY STUDENTS. Thus, I
decided to translate and make the updated Nicaraguan Political Constitution
available to individuals, NGOs, and companies.
You may pay
some attorney´s fees for a few legal questions which may be found in this Political
Constitution and its Amendments.
It is of
upmost importance to read this document to know the legal framework of this country.
I feel confident that you may use this Political Constitution to make important
decisions, if you are planning to or you are doing business in Nicaragua.
As a
professional experienced translator, I provide an accurate rendition in English
of the Nicaraguan Political Constitution and its Amendments.
The Translator
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 AND CONTAINED IN LAW NO.
192, LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUAN POLITICAL CONSTITUTION;
LAW NO. 330, LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUAN POLITICAL
CONSTITUTION; LAW 490, PARTIALLY AMENDING ARTICLE 138, CONSTITUTIONAL CLAUSE
12; LAW 520. LAW CONCERNING PARTIAL AMENDMENT TO THE NICARAGUAN POLITICAL
CONSTITUTION; LAW 521, LAW CONCERNING PARTIAL AMENDMENT TO ARTICLE 140, OF THE
NICARAGUAN POLITICAL CONSTITUTION; AND LAW 527, LAW CONCERNING PARTIAL
AMENDMENT TO THE NICARAGUAN POLITICAL CONSTITUTION.
The President of the Republic hereby informs the Nicaraguan people that after
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 National
Constituent Assembly,
Invoke the struggles of our indigenous ancestors; the spirit of Central
American unity and the heroic tradition of our People who, inspired by the deeds
of General JOSE DOLORES ESTRADA, ANDRES CASTRO and ENMANUEL MONGALO, destroyed
the ambition of the filibusters and the United States intervention during the National
War; BENJAMIN ZELEDON'S anti-interventionist deeds; AGUSTO C. SANDINO, General
of Free People and Father of the ´Grassroots and Anti-imperialist Revolution;´
the heroic action of RIGOBERTO LOPEZ PEREZ, who marked the beginning of the
struggle to get rid of the dictatorship; the example set by CARLOS FONSECA—the
greatest follower of Sandino's legacy—who was the founder of the Sandinista
National Liberation Front and Leader of the Revolution; and the generations of
Heroes and Martyrs who forged and carried forward the liberation struggle for
national independence.
In the name of
The Nicaraguan people, every democratic, patriotic and revolutionary
political party and organization in Nicaragua, the men and women, the workers
and peasants, the glorious youth, the heroic mothers, those Christians—moved by
their faith in GOD—who committed to and joined the struggle for liberation of
the oppressed, the patriotic intellectuals, and all others who—through their
productive labor—contribute to the defense of the nation.
Those who ensure the happiness of future generations by offering their
lives in the struggle against imperialist aggression.
For the establishment of a legal framework to protect and uphold the
achievements of the Revolution; building a new society dedicated to the
elimination 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 OF THE OF THE NATION,
AND FOR PEACE.
We hereby enact the following
POLITICAL CONSTITUTION OF THE
REPUBLIC OF NICARAGUA
TITLE 1
Fundamental
Principles
Only Chapter
Art. 1 Independence, sovereignty,
and self-determination are inalienable rights of the Nicaraguan people, and they
are foundations of the Nicaraguan nation. Any foreign interference in the
internal affairs of Nicaragua, or any attempt to undermine these rights is an
attack on the life of the people. Nicaraguans must keep and advocate such
rights.
Art. 2 The nation´s sovereignty belongs to the people, and it is exercised
through democratic instruments by freely deciding upon and participating in the
construction and perfection of the nation´s economic, political and social
system. The people have political power through their representatives, who are
freely elected by universal suffrage; equal, free and direct elections and
secret ballot, and no other persons or meeting of persons may claim such
entitlement or representation. This political power may also be exercised by
means of a referendum, plebiscite or other 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 Nicaraguan nation. We,
therefore, oppose all forms of colonialist and imperialist domination and
exploitation. The Nicaraguan people are in solidarity with all those who
struggle against oppression and discrimination.
Art. 4 The State or Government will promote and guarantee social and
political advancement to for the safe of common good, assuming the task of
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
political organizations in the country´s economic, political, and social
affairs, 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 enjoy their
rights, duties, and guarantees (civil liberties) set out in the Constitution, particularly
those intended to maintain communal forms of land ownership—enjoyment, use of
such lands, that is, everything as provided by law. This Constitution establishes
autonomy in the communities on the East Coast of Nicaragua, known as the ´Atlantic
Coast.´
Different forms of ownership: public, private, partnership, cooperative,
and communal ownership must be protected and encouraged impartially in order to
create wealth. These forms of ownership in place must fulfill a social function
or role.
Nicaragua's international relations are based on friendship and
solidarity between peoples and reciprocity between States. Therefore, Nicaragua
refrains from and proscribes every political, military, economic, and religious
act of aggression, including interference in the internal affairs of other
States. It recognizes the principle of peaceful settlement in international
controversies, using the means provided by international law. It bans the use
of nuclear weapons and other means of mass destruction to resolve domestic or
international conflicts. Nicaragua guarantees asylum for persons facing persecution
the grounds of political reasons, 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 of
the Great Central American Fatherland.
TITLE II
The State
Only Chapter
Art. 6 Nicaragua is an independent, free, sovereign, unitary and
indivisible State.
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.
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