This declaration shows the impact of the Law for Regulation of Foreign Agents on NGO sector in Nicaragua. Ironically this sector grew enormously after the FSLN lost the 1990 elections, as many former government officials under the first FSLN government founded NGOs to be able to continue the work they had done in government. Now they are a target of the current version of the FSLN.
Managua, February 14, 2021
The Nicaraguan Platform of NGO Networks joins the public call on the Supreme Court of Nicaragua to rule on the writ of unconstitutionality of Law 1040, Law for the Regulation of “Foreign Agents”, presented by our members and allies on December 8, 2020 within the established legal framework of March 9.
Likewise, the Nicaraguan Platform of NGO Networks denounces that the regulation of the law of “Foreign Agents” is broader than the law itself, granting more powers to the Ministry of the Interior (MIGOB), turning it into a governmental superagent, in an apparatus of control and punishment of non-profit legal entities in Nicaragua considered as opponents of the Government.
Within the framework of the application of the Regulations of “Foreign Agents”, MIGOB coordinates the attacks of Municipal Governments, General Income Office [tax office], the Ministry of Labor, the Social Security Institute and other governmental bodies against NGOs, subjecting the staff of these organizations to a state of permanent tension facing the threat of civil death.
Likewise, some private banks place obstacles on the opening of accounts for project implementation, because MIGOB is not providing the required certifications, in spite of the fact that the organizations go to report and provide the documentation requested.
Our Platform is also aware of the fact that many professionals are being forced to sign in national banks a Declaration of “No Foreign Agent”, in addition to showing their consultancy contracts. Without these requirements, bank transfers, money earned with decent work, cannot be applied to personal accounts. This constitutes a violation of professional and bank secrecy and jeopardizes the well-being of many Nicaraguan families.
We also issue a call to donor organizations so that they do not join in the application of this law, demanding the compliance of organizations.
We put ourselves in solidarity with the staff of some organizations that see themselves between a rock and a hard place, they have to register as “Foreign Agents”.
All of the above shows that for the repressive regime any space which is not their own, any person who is not active in their ranks, is suspect of criminal intent. The Law of “Foreign Agents” legalizes this State of Persecution and is self-incriminating. Everything done by organizations and the critical or opposition citizenry is subject to investigation. The principle of the presumption of innocence remains annulled. And once a victim of this law, there is no right to defense.
The Nicaraguan Platform of NGO Networks, composed of 6 networks and 100 Non Governmental Organizations, will continue denouncing and documenting violations of the Right of Association in Nicaragua.