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Nicaraguan Political

Constitution & its


Amendments
Rolando Ernesto Tellez

International Gegense Books

Copyright 2012 By Rolando Ernesto Tellez

Updated up to 2013. All rights reserved. This document may not be


printed, distributed, or transmitted, including electronic devices to record
or any other method.
Quedan todos los derechos reservados del autor. No se podr reproducir,
distribuir o transmitir este libro de ninguna manera. Para distribucin y
pedidos al por mayor, dirjase al telfono o correo electrnico a
continuacin.

Translator Rolando Ernesto Tellez


International Gegense Books
Semforo de la Nicarao, 7 cuadras al Sur
Managua, Nicaragua, Central America
Tel. (505) 2289-4596
etellez43@yahoo.com
rolando2@fulbrightmail.org

First Edition 2012


Revised by Alfredo Daz Vlchez, Attorney and Professor of English
Cover design by Diana Carolina Tellez Chavarra

ISBN: 978-99964-0-133-6
Printed at Serfosa, Managua, Nicaragua

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CONTENTS

PAGE

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 Generals 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

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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 attorneys 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

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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

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example set by CARLOS FONSECAthe greatest follower of Sandino's


legacywho 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
Christiansmoved by their faith in GODwho committed to and joined
the struggle for liberation of the oppressed, the patriotic intellectuals, and
all others whothrough their productive laborcontribute 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

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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 nations 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 nations 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 countrys economic, political, and social affairs,

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regardless of the ideology, except for organizations intending to reestablish 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 ownershipenjoyment, 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.

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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.
Art. 9 Nicaragua strongly defends a Central American unity; it supports
and promotes every effort to achieve political and economic integration
and cooperation in Central America; it also backs efforts to build and
keep peace in this region.
Nicaragua, inspired by the ideals of Simn Bolivar and Sandino, strives
for the unity of the people of Latin American and the Caribbean.
Consequently, Nicaragua, along with other Central and Latin American
countries, will participate in the creation and election of the bodies
intended to achieve such goals.
This principle shall be regulated by appropriate legislation and treaties.
Art. 10 The Nicaraguan territory is located between the Caribbean Sea
and the Pacific Ocean and the Republics of Honduras and Costa Rica.
Nicaraguas sovereignty, jurisdiction, and rights are extended over the
adjacent islands, cays, reefs, including interior waters, the territorial sea,
the adjacent area, the continental shelf, the exclusive economic area, and
the corresponding airspace in accordance with the law and the rules of
International Law.
The Republic of Nicaragua only recognizes international obligations over
its territory, provided that such obligations had been freely agreed and in
accordance with the Political Constitution of the Republic and rules of
International Law. Likewise, Nicaragua is not bound by treaties signed by
other countries, where Nicaragua had not been a Contracting Party.
Art. 11 Spanish is the official language of the State. The languages used
by the Communities on the East or Atlantic Coast shall also be used
officially in cases as provided by law.
Art. 12 The city of Managua is the capital of the Republic and the seat of
the different Branches of the State Government. Under exceptional

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circumstances, these branches may perform their duties elsewhere in the


nation.
Art. 13 The symbols of the nation are the national anthem, the flag, and
the official seal, as stated by the law, which defines their characteristics
and uses.
Art. 14 The State has no official religion.

TITLE III
Nicaraguan Nationality
Only Chapter
Art. 15 Nicaraguans are either nationals or nationalized people.
Art. 16 Nationals are:
1) Those born in Nicaraguan territory, except children of foreigners in
diplomatic service, children of foreign officials serving in international
organizations, or those sent by their government to work in Nicaragua,
unless they choose to apply for a Nicaraguan nationality.
2) Children of a Nicaraguan father or mother.
3) Children born abroad to fathers and mothers who originally were
Nicaraguan, as long as they apply for citizenship after reaching legal age
or independence.
4) Infants of unknown parents found in Nicaragua. Should their identity or
kinship become known, this would be corrected in accordance with the
law.
5) Children born to foreign parents on board a Nicaraguan aircraft or
vessel, as long as they apply for Nicaraguan nationality.
Art. 17 Native born Central Americans who reside in Nicaragua have the
right to apply for Nicaraguan nationality from the competent authorities
without waiving their other nationality.
Art. 18 The National Legislative Assembly may grant nationality to
foreigners deserving this merit by virtue of extraordinary service rendered
to Nicaragua.

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Art. 19 Foreigners who have given up (renounced) their nationality may


be nationalized by applying to the competent authorities, provided that
they have fulfilled the requirements and conditions stated by law in this
respect.
Art. 20 No national may be deprived of nationality. Nobody may be
deprived of Nicaraguan nationality because of having acquired another
nationality.
Art. 21 The granting, loss, and recovery of nationality shall be as provided
by law.
Art. 22 Cases of dual nationality shall be treated in conformity with
treaties and the principle of reciprocity.

TITLE IV
Rights, Duties, and Guarantees (Civil Liberties)
of the Nicaraguan People
Chapter I
Individual Rights
Art. 23 The right to life is inviolable and inherent to all persons. There is
no death penalty in Nicaragua.
Art. 24 All persons have duties to their families, the community, the
homeland, and humanity. The rights of each individual are limited by the
rights of others, the collective security and the just requirements for the
sake of common good.
Art. 25 All persons have the right to:
1) Personal freedom;
2) Security;
3) Acknowledgment of ones legal status.
Art. 26 Everybody has the right to:
1) Privacy and the privacy of their family;
2) Inviolability of their homes, correspondence, and communications;

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3) Respect for their honor and reputation;


4) To know any informationabout him or herthat has been recorded
by state authorities; an individual has the right to know why and the
purpose for keeping such information.
A private home may only be searched after showing a warrant from a
competent judge, except:
a) If those dwelling in a house stated that a crime is being committed
there, and if they ask for help;
b) In case the lives of inhabitants or property were threatened by fire,
flood, or any other similar cause;
c) When reporting that strangers obviously attempt to commit a crime
(flagrante delicto), or they have been seen inside a dwelling;
d) In case of current and immediate chase of a criminal;
e) To rescue a hostage.
This is done in accordance with the procedures as provided by law.
The law shall determine the cases and procedures for examination of
private documents, books of account and related documents, whenever
required for cases under investigationbefore the Law Courtsor for
fiscal (tax) reasons. Illegally seized letters, documents, and other private
papers shall be null and void in legal proceedings or elsewhere.
Art. 27 All persons are equal before the law and have the right to equal
protection under the law. There shall be no discrimination on the basis of
birth, nationality, political belief, race, gender, language, religion, opinion,
national origin, economic position or social condition.
Foreigners have the same rights and duties as Nicaraguans, except for
political rights and other rights established by law, foreigners may not
intervene in the countrys political affairs.
The State or Government respects and guarantees the rights
recognized in the current Constitutionof all people in its territory and
under its jurisdiction.
Art. 28 Nicaraguans outside the country have the right to enjoy appeal or
remedy of legal protection (Amparo) by the State. This is carried out by
its diplomatic and consular representatives.

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Art. 29 All persons have the right to freedom of conscience and thought
and to profess or not to profess a religion. No one shall be a victim of
coercive measures which diminish these rights; no one shall be forced to
declare his/her creed, ideology, or beliefs.
Art. 30 Nicaraguans have the right to freely express their beliefs in public
or private, individually or collectively, in oral, written, or any other form.
Art. 31 Nicaraguans have the right to travel and reside anywhere in the
nation, freely entering and leaving the country.
Art. 32 No one is under obligation to do what is not required by law;
likewise, nobody is kept from doing what is not prohibited by law.
Art. 33 No one may be arbitrarily detained, imprisoned or be deprived of
liberty, except in cases as provided by law and in accordance with legal
procedures.
Therefore:
1) An individual may be detained only by a warrant issued by a
competent judge or an official expressly authorized by law, except when
apprehended in the act of committing a crime.
2) All detained persons have the right to be:
2.1 Informed in detail, without delay, about the reasons for their detention
and the charges against them in a language they understand; to have
their family, or whoever is deemed appropriate, informed about such
detention; and to be treated with respect in accordance with the dignity
inherent to all human beings.
2.2 An individual is to be set free or brought before a competent legal
authority within 48 hours after detention.
3) After serving a prison sentence, no one must be detained after a
release order has been granted by the competent authority.
4) An authority is liable for ordering and illegally detaining someone.
5) The appropriate authorities shall try to maintain those awaiting trial
apart from those who have been sentencedin different prisons.
Art. 34 All those awaiting trial have the rights to the following minimum
guarantees:
1) To be presumed innocent until proven guilty according to law.

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2) To be tried without undue delay by a competent court established by


law. There is no ancillary jurisdiction. A person may be neither removed
from the jurisdiction of his/her competent judge nor taken to a court which
has jurisdiction over extraordinary matters.
3) A review is conducted, in cases as determined by law, before being
brought to a jury trial.
4) To ensure the right to a defense, that is, to participate personally from
the start of hearings and proceedings, likewise, to have enough time and
means to prepare their defense.
5) To be represented by a public defender when legal counsel has not
been selected by the time of the first hearing, or in the event that there
was no prior call by edict. The accused shall have the right to
communicate freely and in private with his/her legal counsel.
6) To be helped by an interpreterfree of charge, if the detainee does
not understand the language spoken at court.
7) Not to be forced to testify against themselves or against a spouse or a
partner in a common-law relationship, or a family member within the
fourth degree of kinship or consanguinity or the second degree of family
relationship, or to admit their own guilt.
8) To be found guilty or not guilty within the legal time period, by each of
the courts involved.
9) To have the right to appeal to a superior court upon conviction of any
crime.
10) Not to be brought to trial twice for the same crime for which a final
judgment of conviction or acquittal has been issued.
11) Not to be brought to trial or sentenced for acts or omissions which at
the time committed had not been, clearly and unequivocally, prescribed
by law as a punishable crime, thus there is no offense to be penalized by
law. It is forbidden to make proscription laws, or apply penalties or
defamatory treatment.
Criminal proceedings must be open to the public, but in some cases the
press and general public may be excluded for moral considerations or for
public order or national security.
Since the start of a legal action, the victim or offended person shall be a
party in the trials and court procedures involved.
Art. 35 Minors shall not be judged in a trial: they shall not be involved in
any legal proceedings. Minors who violate the law may not be taken to

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prisons or rehabilitation centers. A specialized institution or body shall


take care of these minors in facilities, as provided by law.
Art. 36 All persons shall have the right to be respected as for their
physical, psychological, and moral integrity. No one shall be subjected to
torture, or inhumane, cruel or humiliating treatment. Violation of this right
is a crime, and it shall be punished as provided by law.
Art. 37 The penalty or punishment shall not be applied to another person
other than the accused. No penalty may, independently or consecutively,
mean a sentence of more than thirty years in prison.
Art. 38 The law is not retroactive, except when favorable to the accused
in criminal matters.
Art. 39 In Nicaragua, the penitentiary system is humane; its main
objective is to transform the detainee into a person capable of joining
society again. The penitentiary system promotes gradually family unity,
health care, educational and cultural advancement, and employment of
the inmate to get compensation. Punishment is intended to educate
prisoners.
Convicted women will serve their sentences in different prisons from
those of men; an effort will be made to get jailors of the same sex.
Art. 40 No one shall be subjected to involuntary servitude. Slavery and
slave trade in any form are prohibited.
Art. 41 Nobody shall be detained for debts. This principle does not restrict
powers of competent legal authorities to issue court orders due to noncompliance with child support. All nationals and foreign citizens must pay
their debts.
Art. 42 Nicaragua recognizes and secures the right to be a refugee,
ensuring asylum. Such right is applicable to only those persecuted
because of their struggle for democracy, peace, justice, and human
rights.
Granting political asylum shall be determined by law in accordance with
international agreements ratified by Nicaragua. If a political refugee or

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exile is expelled from Nicaragua, such person may not be sent back to
the country in which he/she was persecuted.
Art. 43 Extradition from Nicaragua will not be permitted for political crimes
or their related common crimes, at Nicaragua's own discretion.
Extradition for other common crimes takes place as stated by law and
International Treaties. Nicaraguans may not be extradited from
Nicaragua.
Art. 44 Everybody has the right to private or personal propertychattel
and real estate, tools and means of production.
Pursuant to the social function of propertybecause of public use or
social interest, exercising this right is subject to constraints and duties as
provided by legislation. Said real estate in the first paragraph may be
expropriated, or there may be compulsory purchase in accordance with
the law, prior to cash payment corresponding to a just compensation.
Concerning expropriation of idle landed estates for the purposes of
agrarian reform, the law shall determine the form, quantity, installments,
and interests recognized for such compensation or indemnity.
Confiscation of goods is prohibited. Officials breaching this provision shall
always be accountable, and they shall pay by using their goods whenever
there is damage involved.
Art. 45 Persons whose constitutional rights have been violated or are
likely to be violated have the right to submit writ or remedy of Habeas
Corpus or Amparo, according to the circumstances and the Law of
Amparo (a legal procedure for the review of administrative acts).
Art. 46 All persons in Nicaragua shall enjoy protection and recognition
by the stateof the rights inherent to all human beings, as well as
unrestricted respect, promotion and protection of human rights, and full
observance of the rights set forth in the Universal Declaration of Rights
and Duties, in the American Declaration of Rights and Duties of Man; the
International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights of the United Nations;
and the American Convention on Human Rights of the Organization of
American States.

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Chapter II
Political Rights
Art. 47 All Nicaraguans who are 16 years of age are full citizens.
All citizens enjoy the political rights set forth in the Constitution and in
other laws, without limitations other than those established on the
grounds of age.
A citizens rights are suspended when serious corporal or specific related
punishments are applied. This also applies where an executory sentence
or judgment of a civil injunction is made.
Art. 48 Under unconditional equality, all Nicaraguans enjoy the same
political rights. In the exercise of these rightsfulfilling these
responsibilities and duties, there exists absolute equality between men
and women.
It is the obligation of the State to remove obstacles that hinder effective
participation of Nicaraguans in the countrys political, economic, and
social life.
Art. 49 In Nicaragua, workers in the cities and countryside, women,
youth, agricultural workers or farmers, artisans, professionals,
technicians, intellectuals, artists, religious people, the communities of the
Atlantic Coast and the population in general have the right to form
organizations, in order to reach their aspirations according to their own
interests, without discrimination, getting involved in building a new
society.
Such organizations may be formed by the voluntary participation and free
will of their members. They shall play a social role, and they may be a
partisan, according to their nature and purposes.
Art. 50 Citizens have the right to participate under equal conditions in
public affairs and in management of the State. Effective peoples
participation at local and national levels shall be established by law.

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Art. 51 Citizens have the right to elect and be elected in regular elections,
running for public office, except for limitations contained in this Political
Constitution.
It is a duty of a citizen to carry out the duties as a member of a jury, and
other related city council jobs, except if he/she has an excuse admitted
by the law.
Art. 52 Citizens have the right, individually or in association with others, to
petition, report irregularities, and make constructive criticisms to the
branches of State Government or any authority; citizens have the right for
an expeditious decision or answer, which has to be made known within
the time periods established by law.
Art. 53 The right to peaceful assembly is recognized: exercising this right
does not require prior permission.
Art. 54 The right to public meeting or assembly, demonstration, and
mobilization of people is recognized under the law.
Art. 55 Nicaraguan citizens have the right to organize or join political
parties in order to participate in, exercise, and compete in order to gain
power.
Chapter III
Social Rights
Art. 56 The State shall, through its programs, give special care to the
handicapped and relatives of those fallen in battle and war victims in
general.
Art. 57 Nicaraguans have the right to work, which is consistent with
human nature.
Art. 58 Nicaraguans have the right to education and culture.
Art. 59 Every Nicaraguan has an equal right to health care. The State
shall establish basic conditions for promotion, protection, recuperation,
and rehabilitation of the peoples health.

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Organization and management of health care programs, services, and


activities are responsibilities of the State, which shall also promote
grassroots involvement for the sake of health.
Citizens are obliged to follow established sanitary measures.
Art. 60 Nicaraguans have the right to live in a healthy environment. It is
obligation of the State or Government to preserve, conserve, and restore
the countrys environment and natural resources.
Art. 61 The State guarantees Nicaraguans the right to social security for
protection against the social contingencies in life and work, in the manner
and conditions determined by law.
Art. 62 The State shall strive to set up programs for physical, psychosocial, and professional rehabilitation of the handicapped, and for their
job placement.
Art 63. All Nicaraguans have the right to be protected against hunger.
The State shall promote programs which assure adequate availability and
equitable distribution of food.
Art 64. Nicaraguans have the right to decent, comfortable, and safe
housing that guarantees privacy of the family. The State shall promote
the fulfillment of this right.
Art 65. Nicaraguans have the right to sports, physical education,
relaxation, and recreation. As for comprehensive development, the State
shall promote sports and physical education in specific programs and
projects; this will be done through the organized and mass participation of
the people.
Art 66. Nicaraguans have the right to accurate information. This right
includes the freedom to seek, receive, and disseminate information and
ideas, either spoken or written, in graphic or any other form as may be
chosen.
Art 67. The right to provide information is a social responsibility,
complying with strict respect for the principles established in the

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Constitution. This right may not be subject to censorship, but may be


subject to subsequent responsibilities established by law.
Art 68. The role of the mass media must be to contribute to our national
interests.
Nicaraguans have the right to have access to mass media and ask for
clarification, when their rights and guarantees (civil liberties) are infringed.
The State or Government shall prevent the media from being subordinate
to foreign interests or a big monopoly of any particular group. The
pertinent law shall apply in this matter.
Importing paper, machinery, equipment, spare parts for the printed and
broadcast mass media, including importing, circulating, and selling books,
handouts, magazines, scientific, and school materialsfor teaching,
newspapers, and other regular publications shall be exempted from any
type of municipal, regional, and fiscal tax. Tax laws shall regulate or be
applicable in this matter.
Operations of public, corporate or private media shall not be subject to
prior censorship. The printing press or its accessories, or any other
means or equipment designed for disseminating thoughts may not be
seized as evidence or corpus delicti.
Art. 69 All persons, either individually or in association with others, have
the right to practice their religion in public or private, through worship,
practice, and teaching.
No one may disobey the law or prevent others from exercising their rights
and fulfilling their duties by invoking religious beliefs or inclinations.
Chapter IV
Family Rights
Art. 70 The family is the fundamental unit of society and has the right to
be protected by society and the State.
Art. 71 A Nicaraguan has the right to have a family. A family or
matrimonial property may not be seized, and it is exempted from any

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obligations owed to the government or welfare charges. The law shall


regulate, protecting such right.
Children enjoy special protectionobserving all childs rights, and hence
the International Convention on the Rights of the Child is in full effect.
Art. 72 Marriage and partners in a common-law relationship are protected
by the State. This relationship is based on the voluntary agreement
between a man and a woman, and such relationship may be dissolved by
mutual consent or by the will of one of the parties, as provided by law.
Art. 73 Family relationships are based on respect, solidarity, and absolute
equal rights and responsibilities between a man and a woman.
Parents must work together to maintain the household and provide for the
comprehensive development of their children, with equal rights and
responsibilitiesthrough a common effort. Furthermore, children are
obligated to respect and help their parents. These duties and rights shall
be fulfilled in accordance with the applicable legislation.
Art. 74 The State grants special protection to the process of human
reproduction.
Women shall have special protection during pregnancy and shall be
granted maternity leave with pay and appropriate social security benefits.
No one may deny employment to women for reasons of pregnancy, nor
dismiss them during pregnancy or in the post-natal period, in conformity
with the law.
Art. 75 All children have equal rights. There shall be no discrimination for
reasons of family relationship. Regarding ordinary legislation, provisions
or classifications that reduce or deny equality between children shall be
null and void.
Art. 76 The State shall promote programs and develop special centers
that will take care of minors. The family, the society, and the State shall
take preventive measures, providing protection, and education to minors,
according to their needs.

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Art. 77 The family, the society, and the State shall provide the elderly with
protection measures.
Art. 78 The State shall protect responsible paternity and maternity. The
right to determinethrough testingboth paternity and maternity is in
force.
Art. 79 The right of adoption is based on the best interests for
comprehensive development of a child, as provided by law.
Chapter V
Labor Rights
Art. 80 Work or employment is a right and a social responsibility. The
work of Nicaraguans is the fundamental means to satisfy the needs of
society and every individual. The work done is the source of wealth and
prosperity of the nation. The State shall strive for full and productive
employment, observing the fundamental rights of an individual.
Art. 81. Workers have the right to participate in the management of their
enterprise or company. This is done through their organizations and in
accordance with the law.
Art. 82 Workers have the right to working conditions that ensure, in
particular:
1. Equal pay for equal work under the same conditions; this has to be
appropriate to their social responsibility, without discrimination regardless
of political, religious, racial, sex, or other reasons. This assures a
standard of living compatible with human dignity.
2. To be paid with legal tender at their workplace.
3. Minimum wage and social security payment shall not legally be seized,
except for family or child support payment as provided by law.
4. Working conditions ensures physical safety, health and hygiene,
minimizing workplace hazards to assure the worker's occupational health
and safety.
5. An eight-hour work day, rest at the end of every week, vacations,
compensation for national holidays and a thirteenth-month bonus, in
conformity with the law.

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6. Work stability according to the law and equal opportunity to be


promoted, subject to length of time, service, capacity or qualification,
efficiency, and responsibility.
7. Social security for full protection and subsistence in case of disability,
old age, occupational hazards, illness or maternity; and for family
members in case of death, in the manner and conditions as determined
by law.
Art. 83 The right to strike is recognized.
Art. 84 Child laborthat may affect normal childhood development or
interfere with mandatory school yearis prohibited. Children and
adolescents shall be protected against any form of economic and social
exploitation.
Art. 85 Workers have the right to cultural, scientific and technical
education; the State shall provide this education through special
programs.
Art. 86 All Nicaraguans have the right to choose and exercise freely their
profession or occupation. They may choose their workplace with no
requirements other than an academic degree, serving a social purpose.
Art. 87 There is trade union freedom in Nicaragua. Workers may join
unions on a voluntarily basis. These unions shall be incorporated
according to the law.
No worker is under obligation to belong to a particular union, nor to resign
from a union in which he is a member. Full union autonomy is recognized
and job tenure of a union representative is respected.
Art. 88 In defense of their individual or unions interests, workers have the
inalienable right to negotiate with their employers in accordance with the
law. They may make:
1. Individual contracts;
2. Collective bargaining agreements.

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Chapter VI
Rights of the Communities
on the East Coast of Nicaragua (the Atlantic Coast)
Art. 89 The Communities located on the Nicaraguan East Coast known
as Atlantic Coast are also Nicaraguan people, and they enjoy the same
rights and obligations or duties as Nicaraguan citizens.
The Communities of the Atlantic Coast have the right to keep and
develop their cultural identity within the framework of national unity. They
may have their own forms of social organization, managing their local
affairs according to their traditions.
The State acknowledges forms of communal land ownership in the
Communities of the Atlantic Coast. Likewise, the State allows them
enjoying, using, and benefiting from the water and forests in these lands
which are communally held.
Art. 90 The Atlantic Coast Communities have the right to freedom of
speech, keeping their languages, arts and culture. The development of
their culture and values contributes to our national heritage. The State or
Government shall create special programs to exercise these rights.
Art. 91 The State must enact laws intended to promote and ensure that
no Nicaraguan shall be discriminated because of language, culture, or
place of origin.

TITLE V
National Defense
Art. 92 The Nicaraguan Army is the armed force or institution responsible
for defending the national sovereignty, independence, and territorial
integrity.
Only in exceptional cases, the President of the Republic shall, after
meeting with Ministers and supported by the National Police, orders the
Nicaraguan Army to take actions when the stability of the country is at
stake because of internal unrest, calamities, or natural disasters.

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It is prohibited to establish foreign military bases in the national territory.


The traffic and landing of foreign crafts may be authorized, including
aircrafts and machinery for humanitarian purposes, as long as such
authorization has been requested by the Government of the Republic and
ratified by the National Legislative Assembly or Legislature.
Art. 93 The Nicaraguan Army is a national, professional, nonpartisan,
nonpolitical, obedient body that does not engage in deliberations. The
members of the Army should attend civic education concerning human
rights.
Military Courts shall review only faults and military crimes committed by
members of the army and police, as provided by law.
Common crimes and faults committed by the military and police shall be
reviewed in ordinary courts.
No civilian may be judged by military courts.
Art. 94 Members of the Nicaraguan Army and National Police may neither
carry out political-partisan activities, nor hold a position in any political
organization. In addition, they may not be elected to hold office, as public
officials, unless they had retired from active duty (military service) or
police at least one year before the elections in which they intend to run as
candidates.
Organization, structures, activities, ranks, promotions, retirements, and
everything related to the operating development of such bodies shall be
ruled by the applicable law.
Art. 95 The Nicaraguan Army shall strictly comply with the Political
Constitution, which will be respected and enforced. The Army shall be
under civil authority of the President of the Republic, in his/her capacity
as Commander in Chief of the Nicaraguan Army, or through the
appropriate ministry.
There are neither armed groups nor military ranks other than those
provided by law.

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Art. 96 There shall be no compulsory military service: people may not be


forced to enlist in the Nicaraguan Army and the National Police. Military
draft is banned.
It is prohibited for the army and law enforcement or any other State
institutions to carry out political espionage activities.
Art. 97 The National Police are an armed body dealing with civilians. Its
mission is to guarantee domestic order, citizen security, crime prevention,
investigation and prosecution, and others as stated by law. The National
Police is professional, nonpolitical, nonpartisan, obedient, and
nondeliberative. The National Police shall strictly comply with the Political
Constitution, which will be respected and enforced. The National Police
shall be under civil authority of the President of the Republic, through the
appropriate ministry.
The National Police in its operations will help the Judiciary. The internal
structure of the National Police is based on the hierarchy and discipline of
its authorities.

TITLE VI
Nicaraguan Economy, Agrarian Reform,
and Public Finances
Chapter I
Nicaraguan Economy
Art. 98 The main role played by the State in the economy is to promote
the country's material development; overcome the inherited
underdevelopment and dependence of the economy; improve the
country's standard of living; and create a more just distribution of wealth.
Art. 99 The State is responsible for promoting integrated development of
the country, playing a role in managing the common good; the
Government must work giving priority to interests by meeting the nation's
particular, social, sectorial, and regional needs. It is the responsibility of
the State to protect, encourage, and promote forms of ownership and
financial management, entrepreneurial or business initiativesprivate,

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state-owned,
cooperative,
associative,
communaland
management in order to ensure economic and social democracy.

mixed

Individuals are primarily engaged in economic activities. The leading role


of private initiative, which in a broad sense includes large, medium-sized,
and small scale enterprises, microenterprises, cooperatives, partnerships
and others, is recognized.
The Central Bank of Nicaragua is in charge of regulating the monetary
system. State banks and other State finance institutions shall be
financing instruments for promotion, investment, and development. Also,
they shall diversify their credits focusing on small and medium-sized
producers (farmers). It falls under the responsibility of the State to ensure
the existence and operations of such Bank.
The State guarantees free enterprise and the establishment of banks and
other financial, private, and state-run institutions, which shall be ruled in
accordance with the applicable legislation. Foreign trade operations, state
and private insurance and reinsurance companies shall run as provided
by law.
Art. 100 The State shall enact a Foreign Investment Law which
contributes to the countrys socio-economic development, without being
detrimental to national sovereignty.
Art. 101 Workers and other productive sectors have the right to
participate in making, executing, and controlling economic plans.
Art. 102 National resources belong to this country. Environmental
conservation and protection, development, and rational exploitation of
natural resources are responsibilities of the State. This may enter into
agreements for rational exploitation of such resources, as required for
national progress.

Art. 103 The State ensures democratic coexistence among public, private
ownerships, including cooperative, associative forms of communal
property ownership. These forms of ownership are seen as partsubject
to the nations overriding interestsof a mixed economy, playing a social
role.

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Art. 104 Enterprises or companies, which are organized under any of the
forms of ownership set out in this Constitution, are treated equality under
the law, applying equally the economic policies made by the State. There
is free economic initiative.
There is free and full exercise of business activities. To this end, there
are no limitations other than those imposed by domestic legislation due to
social reasons or national security.
Art. 105 The State must promote, facilitate (provide), and regulate basic
public services such as electric power supply, communications, water,
transport, road infrastructure, ports and airports for the people. These
also have the inalienable right to have access to such services. Private
investment and its forms, and exploitation concessions granted to
individuals in these areas shall be as provided in each case by law.
The State may not waive its duties in regard to services such as
education, health, and social security. The State must provide, improve,
and expand such services, without excluding anyone. The facilities and
infrastructure of such services belong to the State, and they may not be
assigned or sold under any manner.
Free health care is given to the most vulnerable segments of the
populationgiving priority to implementation of mother-child programs.
Health and educational services provided by the State must be expanded
and enhanced. People (enterprises) may have the right to provide private
health and education services.
The State must ensure quality control of goods and services provided,
avoiding speculation and hoarding of basic consumption goods.
Chapter II
Agrarian Reform
Art. 106 Agrarian Reform is an essential instrument for democratization of
property and a more just distribution of land. Likewise, it is an essential
means in promotion and a global strategy for ecological restoration and
economic sustainable development in the country. This Agrarian Reform
shall take into consideration the socially necessary land-man relation,

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making sure that peasants benefit from such reform, having their
property, as provided by law.
Art. 107 Agrarian Reform shall abolish idle landed estates, prioritizing
State-owned lands. Expropriation of idle landed estates affects individual
owners; this expropriation shall be done as stipulated in Article 44 in this
Constitution. Agrarian Reform shall abolish any type of exploitation of
peasants and indigenous communities in the country. It shall encourage
forms of ownership compatible with the country's economic and social
purposes set out in the Constitution. The land ownership regime of
indigenous communities shall be as stated in the applicable law.
Art. 108 Land ownership is guaranteed to all those who productively and
efficiently work their lands. The law shall establish specific regulations
and atypical cases, which are consistent with the goals and purposes in
the agrarian reform.
Art. 109 The State shall promote voluntary association of peasants by
joining agricultural cooperatives, without sexual discrimination. The State
shall, according to its resources, provide the material means needed to
enhance or upgrade their technical and productive capacity, in order to
improve the standard of living of the peasants.
Art. 110 The State shall encourage small and medium-sized scale
agricultural farmers toboth individually and in associationsvoluntarily
participate in the countrys economic and social development plans.
Art. 111 The peasants and other production sectors have the right to
participate, through their own organizations, in defining policies for
agrarian transformation.
Chapter III
Public Finances
Art. 112 The annual General Budget of the Republic Law shall regulate
ordinary and extraordinary public income and expenditure. This law shall
determine the spending limits of State-run institutions. Likewise, it must
show the different sources and allocations, specifying every income and
expense, which shall be consistent.

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The National Legislative Assembly may modify the budget draft or bill
sent by the President of the Republic. Extraordinary spending may only
be authorized by law. This will be done by simultaneously incurring in
such expense and allocating resources for funding. The Budget Regime
Law shall apply in this respect.
Any modification to the nations General Budget that means increasing or
decreasing credits, decreasing income or transfers among different
agencies, shall require approval from the National Legislative Assembly.
The Annual Budget Law may not create taxes.
Art. 113 The President of the Republic shall draft the bill for the Annual
Budget Law. He/she must submit such Budget to be discussed and
passed by the National Legislative Assembly according to the applicable
law.
To inform the National Legislative Assembly, the bill for the Annual
Budget Law must contain the budgets of autonomous entities and
governmental institutions and State-owned enterprises.
Art. 114 The National Legislative Assembly is exclusively entitled
unable to delegate powerto create, pass, modify, or eliminate taxes.
The taxation system must take into consideration wealth and income
distribution.
Confiscatory taxation is prohibited.
All types of taxes on medicine, vaccines, and blood serum, orthesis,
prosthesis, including necessary inputs and raw materials to manufacture
such products, shall be exempted. This shall be done in conformity with
the classification and procedures that shall be set out.
Art. 115 Taxes must be created by laws stating their category or
application, type of tax, and the rights of taxpayers. The State shall not
require payment of taxes that have not been previously established by
law.

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TITLE VII
Education and Culture
Only Chapter
Art. 116 Education seeks the full and comprehensive development of
Nicaraguans. This means instilling a critical, scientific, and humanist way
of thinking; developing their personality and sense of dignity; and training
them to carry out required tasks of general common interest for the
country to make progress. Therefore, education is essential for
transformation and development of individuals and society.
Art. 117 Education is a unique, democratic, creative and participatory
process. In particular, combining theory and practice, manual and
intellectual work promote scientific research. This is based on our
national values, on the knowledge of our history and reality, on national
and universal heritage; and on the ongoing scientific and technological
advances. Through education, we foster the values of new Nicaraguans,
as stated in the principles in this Constitution. Studying this Constitution
must be promoted.
Art. 118 The State promotes involvement of the family, community, and
individuals in education, ensuring support of the media for educational
purposes.
Art. 119 The State may not waive its responsibility for education,
including its planning, management, and organization. The Nicaraguan
educational system works in an integrated fashion and in accordance
with national plans. The organization and functions of education are
determined by law.
It is the duty of the State to educate and train technical and professional
personnel at every level and in every discipline, which is required for the
countrys development and transformation.
Art. 120 Nicaraguan teachers play an essential role in implementing
creatively educational plans and policies. Teachers have the right to living
and working conditions consistent with their dignity and the important
social role they play. Teachers shall be promoted and given incentives
according to the law.

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Art. 121 All Nicaraguans have free and equal access to education.
Primary education is free of charge and mandatory at State-run or public
schools. Public secondary schools are free of charge, but parents may
make voluntary contributions. No one may be excludedunder any
pretextfrom entering a public school due to economic reasons.
Indigenous people and ethnic communities on the East or Atlantic Coast
have the right in their region to cross-cultural education in their mother
language, according to the law.
Art. 122 Adults shall be given educational opportunities, developing skills
through training and education programs. The State shall continue its
programs to eradicate illiteracy.
Art. 123 Private schools may function at every levelkindergarten,
primary, and secondary school, university, fulfilling the terms set out in
this Political Constitution.
Art. 124 Education in Nicaragua is secular. The State recognizes the right
that private religious-oriented schools have to teach religion as an
extracurricular activity or subject.
Art. 125 Universities and higher education entities (colleges) enjoy
academic, financial, organic, and administrative autonomy, in accordance
with the law.
They shall be exempt from any kind of tax and fiscal obligationsboth
regional and municipal taxes. Their assets and revenues may not be
seized, expropriated, or mortgaged, except when there is a valid liability
deriving from civil, mercantile, or employment agreements.
Professors, students, and administrative staff shall participate in the
management of the universities.
According to law, universities and colleges that must be funded by the
State, shall be recipients of 6% annual allocation derived from the
General Budget of the Republic. Such percentage shall be distributed
according to the law. The State may allocate additional contributions to
cover extraordinary expenses of universities or technical colleges.

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There is academic freedom. The State promotes and protects free


creation, research, and dissemination of the sciences, technology, arts
and letters, ensuring and protecting intellectual property.
Art. 126 It is the duty of the State to promote the recovery, development
and strengthening of a national culture, sustained by creative grassroots
participation.
The State shall promote national culture in all its diverse forms, that is,
the creative work done by either groups or individual authors.
Art. 127 Artistic and cultural creation are completely unrestricted. Cultural
workers have full freedom to choose their forms and styles of expression.
The State shall strive to provide them with the means necessary to create
and present their works, protecting their copyright.
Art. 128 The State protects the archeological, historical, linguistic, cultural
and artistic heritage of the nation.

TITLE VIII
Organization of the State
Chapter I
General Principles
Art. 129 The Legislative, Executive, Judicial, and Electoral Branches of
Government are independent of one another and coordinate
harmoniously, subject only to the overriding national interest and to the
provisions set forth in this Constitution.
Art. 130 Nicaragua is a country built on respect for the Social Rule of
Law. No office holder may exercise functions other than those conferred
upon the official by the Constitution and the laws.
All government officials or public servants must declare their financial
situation or assets before holding and upon leaving public office, as
provided by law.

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Public officials in any branch of the government, elected directly or


indirectly, government ministers and vice-ministers; presidents or
directors of autonomous entities and governmental institutions; and
Nicaraguan ambassadors abroad may not obtain concessions from the
State. They may not act as representatives or agents of public or private,
national or international companies that make agreements with the State.
Violation of this provision makes a civil servant lose the concessions or
advantages obtained, and thus losing his/her job.
The National Legislative Assembly, through decision approved by twothirds of the Representatives vote, may declare removal of immunity of
the President of the Republic. With respect to other officials or civil
servants, the decision will be made by having favorable vote of the
majority of the members in the Legislature. Failing to follow this
procedure, according to the Constitution, public officials enjoy personal
immunity. Thus, they can neither be detained nor brought to trial, except
for reasons related to family and labor rights. Such officials may waive
said immunity. This shall be regulated by the applicable law.
In cases of removal of immunity due criminal reasons against the
President and Vice-President of the Republic, once they are deprived of
their immunities, the Supreme Court of Justice is fully competent to bring
them to trial.
In every Branch of the State and its levels, including institutions created
by this Constitution, appointing authorities, or other entitled persons may
not appoint a close relative for office. Appointing high-ranking officials
shall be governed by the prohibition regarding the fourth degree of
kinship or consanguinity or the second degree of family relationship, and
it shall be regulated by the applicable law.
This prohibition does not include appointments on the basis of
appropriately complying with the Law of Public Service as a Career
(Career in the Public Service), and those in professions or careers
involving Public Administration, Teaching of Law, Judicature Profession,
Foreign Service, and others similar laws to be enacted.
Art. 131 Elected and appointed officials in the four Branches of
Government, directly or indirectly, are publicly accountable to the proper
performance of their duties. These elected officials must inform the public

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of their work and official activities. They must be responsive to peoples


problems, making an effort to find solutions to them. Official duties must
be carried out in the public interest.
According to the law, the State shall be liablein terms of personal
assets and liabilitiesfor any damage caused to goods, rights, and
interests of individuals, as a result of acts and omissions of public
officials, except for acts of God, in carrying out their duties. The State
may claim compensation to be provided by the official or public servant
that caused such damage.
Officials and public servants are personally liable for any violation of the
Constitution, for lack of administrative integrity, and any other fault
(offense) or crime committed where carrying out their functions or duties.
They are also liable before the State for the damage resulting from
abuse, negligence, and omission, while performing their duties. Civilian
functions may not be militarized. The public service and public
administration career shall be as provided by law.
Chapter II
Legislative Branch (Legislature)
Art. 132 The Legislature exercises the Legislative Power through
delegation and mandate given by the people. The National Legislative
Assembly is composed of ninety Representatives with their respective
alternates, elected by universal suffrageequal and direct elections by
free and secret ballot, through the proportional representational system.
In accordance with the Electoral Law, twenty Representatives will be
elected nationally, and seventy Representatives shall be elected at the
level of provincial districts (constituencies) and autonomous regions.
It is mandatory to allocate a sufficient percentage of the General Budget
of the Republic for the Legislature.
Art. 133 The former President and Vice-President elected by direct
popular vote, who participated in the immediately previous election, also
form part of the Legislature, including Representatives and Alternates
respectively, and candidates for the Presidency and Vice-Presidency
running in such election, who took over second place in the elections.

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Art. 134 1. The requirements to be a Representative are to:


a) Be a Nicaraguan national. Those who had gotten another nationality
must have given up such nationality at least four years before elections
are held;
b) Fully enjoy political and civil rights;
c) Be over twenty-one years of age;
d) Be a resident having resided, on a permanent basis, in the country
over the last four years before the elections, except for those who were
working in Diplomatic Missions, International Organizations, or studying
abroad. In addition, having been born, or been a resident over the last
two years in the Province or autonomous region for which he/she intends
to be elected.
2) Those who may not be Representatives, that is, Proprietary or
Alternate Members are:
a) Government ministers, and vice-ministers, judges in the Judicial
Branch, the Supreme Electoral Council, members of the General
Accounting Office or Comptroller Generals Office of the Republic, the
Attorney General, Assistant Attorney General, Attorney General and
Assistant Attorney General for Human Rights, State Attorney General
(Chief prosecutor) and Assistant Attorney General, and the Mayors,
unless they have resigned from public office twelve months before the
election;
b) Ministers of any religious group, as long as they had resigned from
their jobs at least twelve months before the election.
Art. 135 No Representative to the National Legislative Assembly may
obtain concessions from the State or be representative or agent of public,
private, or foreign enterprises or businesses which make contracts with
the State. Violation of this provision makes an official lose the
concessions or advantages obtained, and thus he/she will not a
Representative any more.
Art. 136 Representatives to the National Legislative Assembly shall be
elected for a five-year term in office, running from the date of
inauguration, which shall be the ninth of January of the year following the
election.

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Art. 137 Representatives and alternates elected to the National


Legislative Assembly shall be sworn in by the President of the Supreme
Electoral Council.
The Legislature shall be inaugurated by the Supreme Electoral Council.
Art. 138 The duties of the National Legislative Assembly are to:
1) Draft and approve laws and decrees, amending or repealing existing
ones.
2) Officially interpret the law.
3) Grant amnesty or pardon on its own initiative or initiative taken by the
President of the Republic.
4) Request reports from government Ministers and Vice-ministers,
Attorney General, and Assistant Attorney General, Presidents or
Directors of autonomous and governmental institutions, which must
render such reports. Also, it may require appearing personally to give
explanation or interpellation. This appearance shall be obligatory under
the same judicial conditions observed in judicial or court proceedings.
Failing to appear shall be a cause for dismissal. If a legal case or action
is not dismissed and such official enjoys immunity, he/she will lose such
immunity.
If the National Legislative Assembly considers that an official is an unfit
person to carry out his/her job, the Legislature having sixty percent of
qualified voting of Representatives will fire such official. The National
Legislative Assembly shall let the President of the Republic know about
such dismissal, so that a decision is made within three days.
5) Grant and cancel or terminate legal status of civil organizations.
6) Review, discuss, and approve the bill for the Annual General Budget of
the Republic, and be informed periodically of its operations in accordance
with the Constitution and Law.
7) Elect every Judge of the Supreme Court of Justice from separate lists
proposed by the President of the Republic and Representatives to the
National Legislative Assembly, in consultation with the pertinent civil
organizations. The deadline to submit such lists will be fifteen days,
starting as of the day the Legislature calls for their election. If there were
no list submitted by the President of the Republic, the proposals made by
the Representatives of the National Legislative Assembly will be
sufficient. Each Judge shall be elected by reaching a favorable vote of at
least 60 percent of the Representatives to the National Legislative

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Assembly. Likewise, the same number Associate Justices shall be


elected. This is done by fulfilling the same requirements and procedures
followed to appoint Supreme Court Judges.
8) Elect every member and alternate of the Supreme Electoral Council
from separate lists proposed by the President of the Republic and
Representatives to the National Legislative Assembly, in consultation with
the pertinent civil organizations. The deadline to submit such lists will be
fifteen days, starting as of the date the Legislature calls for their election.
If there were no list submitted by the President of the Republic, the
proposals made by the Representatives of the National Legislative
Assembly will be sufficient. Each Judge shall be elected by reaching a
favorable vote of at least 60 percent of the Representatives to the
National Legislative Assembly.
9) Elect, by reaching 60 percent of votes cast by such Representatives
to the National Legislative Assembly, from the listsseparate lists for
every positionproposed by the President of the Republic and
Representatives, in consultation with the pertinent civil organizations, as
follows:
a) The Bank Examiner and Associate Bank Examiner in charge of
supervising banks and other financial institutions; b) Attorney General
Supervisor who will be in charge of the Ministry of Justice and Assistant
Attorney General, who must have the same qualifications, as required to
be a Supreme Court Judge; c) members of the Board of the General
Accounting Office or Comptroller Generals Office; d) Attorney General
and Assistant Attorney General for Human Rights; e) Chief Supervisor
and Supervisors of Public Services; f) Director and Assistant Director of
Urban and Rural Property under the agrarian reform regime.
All these government officials shall be elected for a five-year period, and
they will enjoy immunity. The candidates proposed in this subsection or
under item 7) and 8) must not have any consanguinity or family
relationship. They may not be members of National, Provincial or
Municipal coordinating committees or boards in political parties; if they
were, they must resign as members, stopping their political activities. The
deadline to submit such lists will be in fifteen days, starting as of the date
the Legislature calls for their election. If there were no list submitted by
the President of the Republic, the proposals made by the
Representatives to the National Legislative Assembly will be sufficient.
The National Legislative Assembly, through Special Commissions, may

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call for audiences with the candidates. A Candidate must be properly


qualified for a position, and his/her nomination must be accompanied by
documents, as required.
10) Review, admit, and decide on representatives' unappealable faults to
the National Legislative Assembly. The causes belowmaking
Representatives lose their immunitymean real or serious faults:
i. Resignation;
ii. Decease;
iii. Conviction through a final judgment or sentence to be sent to prison
and inability to carry out the job, due to a crime that deserves more than
a correctional penalty for an equal or longer time period than the
remainder of his/her term in office;
iv) Failing to perform his/her parliamentary duties for sixty consecutive
days within the same legislative period, without showing justification to
the Board of the National Legislative Assembly;
v. Violation or contravention of the third paragraph in Article 130 in the
Political Constitution;
vi. Receiving compensation from state, regional or municipal entities on
account of a job performance in other Branches of Government or Stateowned Enterprises, except when teaching and practicing as a physician.
If a Representative agrees to hold office in other Branches of
Government, he/she may only join the National Legislative Assembly
when he/she would have resigned before.
vii. Failing to declare his/her assets (financial situation) to the General
Accounting Office (Comptroller Generals Office) of the Republic when
taking office.
11) Review and acknowledge resignations and decide on dismissals of
public officials in items 7), 8) and 9) for the reasons and procedures
provided by law.
12) Ratify and reject international instrumentstreaties, agreements
made with countries or organizations subject to International Law.
Such international instruments may only allow for opinions, being
discussed, approved or rejected in general, without modifying or adding
some text thereof. Approval by the Legislature shall mean legal effects in
and outside Nicaragua. This happens once they have gone into force at
an international level, by rendering or exchanging ratifications or
compliance with the requirements or terms, as stated in the text of such
international instrument or treaty.

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13) Ratify all matters related to the symbols of the nation.


14) Create national honorary orders and distinctions.
15) Create and award its own national orders.
16) Welcome the President and Vice-President of the Republic to hear
the annual address or report in formal session.
17) Elect the National Legislative Assembly's Executive Board.
18) Create permanent, special, and investigation commissions or
committees.
19) Grant discretionary pensions and honors for distinguished service to
the homeland and humanity.
20) Determine the political and administrative division of the national
territory.
21) Review and make recommendations on the countrys economic and
social development plans and policies.
22) Fill the permanent vacancies of the Vice-President of the Republic,
and when both the President and Vice-President leave their offices
simultaneously.
23) Authorize the President of the Republic to make foreign visits which
last more than fifteen days, and those visits of the Vice-President, in case
of the President's absence in the national territory.
24) Receive from judicial authorities or directly from citizens the charges
or complaints filed against officials who enjoy immunity, reviewing and
deciding on such complaints.
25) Draft or amend its statute and internal rules or by-laws.
26) Authorize or deny the departure of troops from the national territory.
27) Create, approve, modify, or eliminate taxes, and approve municipal
local taxation plans.
28) Ratify, reject, or modify an Executive Decree declaring the
suspension of the Constitutional Rights and Guarantees or the State of
Emergency, including its extensions.
29) Receive annual reports from the Council of Comptroller Generals
Office of the Republic or the designated Council, the Human Rights
Attorney General, the Attorney General of the Republic, and the Bank
Examiner, and the president of the Central Bank, without prejudice to
other reports that may be required.
30) Ratify within fifteen working days, by reaching a favorable vote of
sixty percent of Representatives, a nomination or appointment made by
the President of the Republic to hold positions as Ministers and Viceministers, Attorney General and Assistant Attorney General of the
Republic, Heads of Diplomatic Missions, and Presidents or Directors of

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Autonomous and Government entities. Such appointments will only be


considered official until after the Legislature ratifies them. If there is no
ratification, the President of the Republic will have new nominations or
appointments within thirty working days, and these new nominations must
follow the ratification procedure in place.
31) Hold regular and special sessions.
32) Fulfill other functions conferred by the Constitution and the laws.
Art. 139 Representatives shall bear no legal responsibility for their
opinions and votes cast in the Legislature, and they enjoy immunity in
conformity with the law.
Art. 140 Those who may submit bills are the following:
1) Representatives to the National Legislative Assembly; they also enjoy
the right to introduce bill for decrees, resolutions, and legislative
declarations.
2) The President of the Republic.
3) The Supreme Court of Justice, the Supreme Electoral Council, the
Autonomous Regional Councils, and Municipal Councils in matters
concerning with their respective jurisdictions.
4) Representatives to the Central American Parliamentrepresenting
Nicaragua. In this case, they only submit bills for Laws and Legislative
Decrees in matters concerning Regional Integration.
5) Citizens. In this case, a bill must be supported by showing no less than
five thousand signatures, except for organic, tax laws or international
laws, including amnesty and pardon.
Art. 141 Holding sessions at the National Legislative Assembly requires
quorum including one-half plus one of the total number of
Representatives to the Legislature.
Passing or approving bills, decrees, resolutions, agreements, and
statements require a favorable vote of an absolute majority of the
Representatives present, except for cases where the Constitution
requires other type of majority.
Any billcontaining the stated purposemust be submitted to the
Secretariat of the National Legislative Assembly.

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Every bill presented, once it is read before the plenary session of the
National Legislative Assembly, shall be sent to the committee.
In case of an urgent bill sent by the President of the Republic, the
executive board may immediately submit it to discussion in plenary
session, provided that the Representatives had received the bill forty
eight hours in advance.
Extensive bills for codes and laws may be considered and approved by
Chapters.
Having received the opinion rendered by the ruling commission or
committee, this opinion will be read before the plenary, and it shall be
submitted to debate in general. If approved, it will be submitted to debate
in particular matters.
Once a bill is passed by the Legislature, such bill shall be sent to the
President of the Republic for its authorization, enactment, and
publication, except for those bills that do not require such procedures.
The Executive Power does not authorize the amendments to the
Constitution and constitutional laws, or decrees approved by the National
Legislative Assembly.
If the President of the Republic neither enacts nor publishes the bill for
amendments to the Constitution or constitutional laws; and when he/she
does not authorize, enact, or publish the other laws within fifteen days,
the President of the National Legislative Assembly shall issue orders to
publish them through any written or printed media. Such laws shall go
into effect on the very same date they are published, without prejudice to
later publication in La Gaceta, official government daily, which must
mention the date of publication through the media.
Laws shall have regulations where expressly therein stated. The Board of
the National Legislative Assembly will ask the respective Commission to
write such regulations for respective approval in plenary session, if the
President of the Republic had not done so within the time period set.
Laws are only repealed or amended by means of other laws. They shall
be in force, starting as of the day of their publication in La Gaceta, official
government daily, except when the laws state otherwise.

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When the Legislature approves substantial amendments to the Laws, it


may order that the full text of the amendments be included and be
published in La Gaceta, official government daily, except for amendments
to the Codes.
Bills introduced in one legislature, but not submitted to discussion or
debate, shall be considered in the next legislature. Bills that were rejected
may not be considered in the same legislature.
Art. 142 The President of the Republic may, in whole or in part, veto a bill
within 15 days after receiving it. If the President does not veto and fails to
authorize, enact, and publish such bill, the President of the Legislature
shall order to publish the law through any printed press with nationwide
reach. If the President of the Republic partially vetoes a bill, he/she may
make changes or eliminate some articles of the law.
Art. 143 A bill, in whole or in part, vetoed by the President of the Republic
must be returned to the Legislature, stating the reasons for such veto.
The National Legislative Assembly may reject or override the veto if there
is one-half plus one vote of its Representatives, which the President of
the National Legislative Assembly shall issue orders to publish the law.
When there is a partial veto, this must contain the reasons therein of
every article vetoed. The corresponding Commission will decide on each
of the vetoed articles. The National Legislative Assembly with a number
of votes that exceeds one half of its Members may override a veto of
every article in which case the President of the National Legislative
Assembly will be in charge of publishing the Law.
Chapter III
Executive Branch
Art. 144 The President of the Republic, who is the Head of State, Head of
Government, and Commander in Chief of the Nicaraguan Army, is in
exercise of the executive power.
Art. 145 The Vice-President of the Republic carries out the duties stated
in this Political Constitution, and other job duties assigned directly by the

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President or by law. Likewise, the Vice-President shall substitute for the


President when the latter is temporary or permanently absent.
Art. 146 The President and Vice-President of the Republic are elected by
universal, equal, free, direct elections, and secret suffrage. The
candidates who receive the relative majority vote will be elected.
Art. 147 To be elected President or Vice-President, the candidates need
to get a relative majority, at least 40 per cent of valid votes, except for
those who have obtained a minimum 35 per cent of valid votes, doing
better than the candidates who got the second place by a minimum
difference of five percentage points. If no candidate reaches the
percentage required to be elected, there will be a second election for
those who got the first place and second place, and those who receive
the largest number of votes will be elected.
In case of resignation, permanent absence or disability of any of the
candidates running to be President or Vice-President of the Republic,
during the electoral process, the pertinent political party will designate
those who should substitute for such candidates.
The President and Vice-President of the Republic must:
1) Be a Nicaraguan national. Those who had gotten another nationality
must have renounced such nationality at least four years before elections
are held;
2) Fully enjoy political and civil rights;
3) Be over twenty-five years of age;
4) Have resided, on a permanent basis, in the country over the last four
years before the elections, except for those who were working in
Diplomatic Missions, International Organizations, or studying abroad.
Those who may not run as candidates to be President or Vice-President
of the Republic are the following:
a) A person who has been President of the Republic at any time in which
the elections are held for the next term, or a person who had held office
for two presidential periods;
b) The Vice-President of the Republic or the person who would have
replaced him/her, had this person held such public office, or as an acting
President over the last twelve months before the election date for the
following term.

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c) Relatives within the fourth degree of kinship or consanguinity, and


those who are or have been family members within the second of marital
relations with the person who has been President of the Republic at any
time in which the elections are held for the next term;
d) Those who lead or provide funds for a coup d'tat; those who alter
constitutional order, and thus assuming as Head of Government,
Ministries or Vice-ministries, or positions in other Branches of
Government;
e) Ministers from any religious group, except when they had resigned
from their jobs at least twelve months before elections;
f) The President of the National Legislative Assembly, government
ministers, and vice-ministers, judges of the Supreme Court of Justice and
the Supreme Electoral Council, the Comptroller and Sub-comptroller
General of the Republic, the Human Rights Attorney and Assistant
Attorney General, and those who had held the position as a Mayor,
unless they have resigned from their jobs twelve months before elections;
g) (Eliminated).
Art 148. The elected President and Vice-President of the Republic shall
take office in formal session before the National Legislative Assembly,
and they shall be sworn in before the President of the National Legislative
Assembly.
The President and Vice-President shall do their duties for a five-year
term, starting of the date of inauguration, which shall be the tenth of
January of the year following the elections are held. They shall enjoy
immunity during their term of office, in accordance with the law.
Art. 149 The President of the Republicwhile holding officemay leave
the country for no more than fifteen days, without authorization. If he/she
had to leave for more than fifteen days and fewer than thirty days, a prior
authorization from the National Legislative Assembly is required. In the
latter case, the Vice-President shall be acting as President of the country.
In addition, the President of the Republic may leave the country for no
more than three months, provided that there is a permit issued by the
National Legislative Assembly and he/she calls on the Vice-President to
hold the Nicaraguan Presidency. However, if such absence is extended
for more than three months for whatever reason, he/she shall lose his/her
job position for this mere fact, except when the National Legislative

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Assembly considers such case as force majeure, extending the permit for
a prudential period of time.
If the President of the Republic leaves the country without authorization
of the National Legislative Assembly, when such authorization is
required, or for an extension of a longer time period than the one that has
been authorized, this shall be construed as a resignation.
In case of temporary absence of the President of the Republic, the VicePresident may not leave without prior authorization issued by the National
Legislative Assembly. His/her departure without such authorization shall
be construed as a resignation.
If the Vice-President of the Republic were not in the country and the
President of the Republic also had to leave the national territorywhile
holding his/her officethe administrative functions or duties shall be
assumed by the appropriate ministry in order of succession under the
law.
If the President of the Republic has a pending criminal case, which
deserves more than a correctional penalty, may not leave the country.
Temporary absences of the President of the Republic are the following:
1) Temporary absences from the national territory for more than fifteen
days.
2) The temporal disability or inability shown in carrying out his/her duties,
declared by the National Legislative Assembly and approved by twothirds of the Representatives.
In addition to the absences contained in this Article, permanent absences
are the following:
a) Decease;
b) Resignation, when it is accepted by the National Legislative Assembly;
c) Total permanent disability declared by the National Legislative
Assembly and approved by two-thirds of the Representatives.
In case of the temporary absence of the President of the Republic, the
Vice-President shall assume the Presidential duties.

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In case of temporary and simultaneous disability or inability of the


President and Vice-President, the President of the National Legislative
Assembly shall assume in the interim the Nicaraguan presidency. While
acting as an interim President of the Republic, the First Vice-President to
the National Legislative Assembly shall act as President of the National
Legislative Assembly.
Due to permanent absence of the President of the Republic, the VicePresident shall assume the presidency for the remainder of the term, and
the Legislature must elect a new Vice-President.
In case of permanent absence of the Vice-President of the Republic, the
National Legislative Assembly shall appoint a substitute.
If the President and Vice-President of the Republic are permanently
absent, the President of the National Legislative Assembly or whoever is
next in order of succession under the law shall assume the duties of the
President and Vice-President. The National Legislative Assembly must
appoint those who will be the substitutes within seventy two hours after
their positions have become vacant. Those appointed shall perform their
duties for the remainder of the term.
In all of the above cases, the National Legislative Assembly shall elect
the substitutes from among its members.
Art. 150 The functions or duties of the President of the Republic are to:
1) Comply with the Political Constitution and the laws, and make public
servantsunder his/her administrationenforce the Constitution and the
laws.
2) Represent the nation.
3) Introduce bills and exercise the right to veto, in accordance with this
Constitution.
4) Enact executive decrees in administrative matters.
5) Prepare a Bill for the General Budget of the Republic and submit it to
be reviewed by the Legislature for its approval, ratification, and
publication once it is passed.
6) Appoint and remove Ministers and Vice-ministers, Attorney General
and Assistant Attorney General of the Republic, Directors of Autonomous

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and Government entities, Heads of Diplomatic Missions, informing the


National Legislative Assembly within three days about such appointment
for ratification, which will be effective when the Legislature ratifies it.
Remove officials from their positions when the National Legislative
Assembly has decided to do so.
7) Request the President of the National Legislative Assembly to convene
special sessions during the recess period of the Legislature, in order to
take on urgent matters of legislation.
8) Conduct affairs with regard to international relations of the Republic.
Negotiate, formalize, and sign treaties, agreements, and other
instruments set forth in item 12) of Article 138 of the Political Constitution;
such instruments will be approved by the National Legislative Assembly.
9) Decree and suspend rights and guarantees (civil liberties) in cases
provided in this Political Constitution. Forward the pertinent decree to the
National Legislative Assembly within seventy two hours for its approval,
modification, or rejection.
10) Adopt regulations to make laws effectiveas requiredwithin sixty
days.
11) Award national honorary orders and medals.
12) Organize and lead the government.
13) Manage the countrys economy, determining socio-economic policies
and programs.
Set up a National Council for Socio-Economic Planning; this Council
supports in managing the countrys socio-economic policies. The
representatives in this Council are business, labor union, cooperative,
and community organizations, including others, as the President of the
Republic decides.
14) Submit lists or slate of candidates to the National Legislative
Assembly for election of Judges to the Supreme Court of Justice, the
Members of the Supreme Electoral Council, Members of the Comptroller
and Sub-comptroller Generals Office of the Republic, and the Bank
Examiner, Associate Bank Examiner in charge of supervising banks and
other financial institutions, Attorney General and Assistant Attorney
General of the Republic.
15) Submit the annual report and other reports, and special messages to
the National Legislative Assembly; this is done personally or through the
Vice-President.
16) Provide officials from the Judicial Branch or Judiciary with the
necessary support to comply with its decisions without further delay.
17) Fulfill the other functions conferred by this Constitution and the laws.

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Art. 151 The number, organization, and jurisdiction of government


ministries, autonomous and State-run institutions, and state banks and
other financial State-own institutions shall be determined by law.
Ministers and vice-ministers enjoy immunity.
The decrees and decisions made by the President of the Republic must
be legalized or endorsed by government Ministers in their respective
areas, except those agreements referring to appointment or removal of
government Ministers or Vice-ministers.
The President of the Republic, and in his/her absence, the Vice-President
shall preside over a Cabinet meeting. The Vice-President of the Republic
and Government Ministers shall be the members of the Council. Their
functions shall be determined by the Constitution.
Government Ministers and Vice-ministers, and Presidents or Directors of
autonomous and governmental institutions shall be personally liable for
acts or agreements that they sign or authorize, and those agreements or
acts for which together they sign or agree with the President of the
Republic or with other government Ministries.
Government Ministers and Vice-ministers, and Presidents or Directors of
autonomous and governmental institutions shall provide the National
Legislative Assembly with requested information, either in writing or
orally, concerning business transactions in their respective areas. Also, it
is possible to ask them for explanation of their acts, as decided by the
Legislature.
Art. 152 Ministers, Vice-ministers, Presidents or Directors of autonomous
and governmental institutions, Ambassadors, Army Chiefs, and Chiefs of
Police must:
1) Be a Nicaraguan national. Those who had gotten another nationality
must have renounced such nationality at least four years before their
appointment;
2) Fully enjoy political and civil rights;
3) Be over twenty-five years of age;
4) Have resided, on a permanent basis, in the country over the last four
years before such appointment, except for those who were working in a
Diplomatic Mission, International Organizations, or studying abroad.

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Those who may not be Ministers, Presidents or Directors of autonomous


or government institutions, and Ambassadors are:
a) The military on active duty;
b) Those who simultaneously have another job in any of the Branches of
Government;
c) Those who had once given up their Nicaraguan nationality, except if
they had recovered it at least five years before the appointment;
d) (Repealed)
e) Debtors with delinquent accounts to the Treasury.
f) Those who are referred to in the sixth paragraph of Article 130 in this
Political Constitution.
Art. 153 Ministers, Vice-ministers, Presidents or Directors of autonomous
and governmental institutions are liable for their acts, in conformity with
this Constitution and the laws.
Chapter IV
Comptroller Generals Office of the Republic
Art. 154 The General Accounting Office or Comptroller Generals Office
of the Republic is the governing body that controls Public Administration,
monitoring goods and resources that belong to the State. For
management purposes, the Superior Council of the Office of the
Comptroller General shall be set up. This Council is made up of five
proprietary members and three alternate members, who are elected by
the National Legislative Assembly for five years for which they enjoy
immunity. The alternate members duties include substituting for solely
and only the proprietary members who are temporarily absent. The latter
members will choose who will be the substitutes.
Art. 155 The Comptroller General of the Republic has the following
responsibilities:
1) Establishment of a system which controls proper use of government
funds.
2) Ongoing supervision or oversight of management of the General
Budget of the Republic.

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3) Control, examination, and evaluation of the administrative and financial


management in public institutions, State-subsidized entities, and public or
privately-owned enterprises, with public capital involved.
Art. 156 The Office of the Comptroller General of the Republic is an
independent institution that must comply only with the Constitution and
the laws; it shall enjoy functional and administrative autonomy. The
National Legislative Assembly shall authorize audits to be conducted on
management of such Office.
The Comptroller Generals Office must make public the results of its
investigations, whenever there are presumed criminal liabilities. This
Office must send its investigation results to law courts, with duly warned
accessoryif he/she had not done soof the crimes later revealed to
have been committed by those who were investigated.

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The President of the Republic or one-third of the Representatives to the


National Legislative Assembly is required to introduce a bill seeking an
amendment.
One-half plus one of the total number of Representatives to the National
Legislative Assembly is required to start a bill for total reform.
Art. 192 A bill or draft for amendment must specify the Article or Articles
to be amended, with a statement of the reasons for such modification.
The draft must be sent to a special commission which shall render an
opinion within 60 days. Later, such draft for amendments shall follow
procedures as required for making the law. A bill seeking an amendment
must be discussed in two sessions of the Legislature.
Art. 193 A bill seeking total reform shall follow the same procedures as in
the above Article, in whatever is needed to be submitted and rendering of
an opinion. Upon approval of a total reform bill (new constitution), the
Legislature shall set a time period for holding elections of a National
Constituent Assembly. The Legislature shall keep its mandate until after
the inauguration of the new National Constituent Assembly.
This Political Constitution shall remain in effect until after there is a new
one is approved by the National Constituent Assembly.
Art. 194 Approval of an amendment shall require reaching a favorable
vote of sixty percent of the Representatives. Two- thirds of the
Representatives are required to approve a bill for total reform. The
President of the Republic shall enact the partial amendment, which is not
subject to veto.
Art. 195 An amendment to constitutional laws shall follow the procedures
established applicable to Constitutional amendment, except for the
requirement of discussion in two legislative sessions.

TITLE XI
Final and Transitional Provisions
Only Chapter

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Art. 196 This Constitution shall govern as of the date of its publication in
La Gaceta, official government daily, and it shall repeal or annul the
Fundamental Statute of the Republic, the Statute of Rights and
Guarantees of Nicaraguans and all other legal provisions inconsistent
with this Constitution.
Art. 197 This Constitution shall be widely disseminated in the official
language of the Nicaragua. It shall also be disseminated or published in
the languages used in the Communities of the Atlantic Coast.
Art. 198 All aspects in the existing legal system that do not contradict this
Constitution shall remain in effect, as long as it is not modified.
Art. 199 The special courts shall continue operating upon entry into effect
of this Constitution, while they are not under the jurisdiction of the Judicial
Branch. Appointment of their members and their procedures shall be
determined as established by laws.
Furthermore, the ordinary or lower courts shall continue operating as
usual, as long as the principle of professional association with grassroots
representation is not put into practice. This principle shall be implemented
gradually in the national territory, in accordance with the circumstances.
Art. 200 The countrys current political-administrative division shall be
preserved until after a law concerning such matter is enacted.
Art. 201 Representatives to the National Legislative Assembly, elected
February 25, 1990, shall be sworn in by the Supreme Electoral Council
th
on April 24 in the same year. So that they finish the term for which they
were elected on November 4, 1984, and complete their own term, in
accordance with Article 136 of the Constitution.
The President and Vice-President of the Republic elected on February
25, 1990, shall take office, being sworn in by the President of the National
th
Legislative Assembly on April 25 in the same year. So that they finish
the term for which they were elected on November 4, 1984, and complete
their own term, in accordance with Article 148 in the Constitution.
The Members of the Supreme Court of Justice and the Supreme
Electoral Council and the other government authorities and officials of the

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different Branches shall continue doing their job until such time as their
substitutes take office according to the Constitution.
Art. 202 Four official copies of this Constitution shall be signed by the
President and Representatives to the National Legislative Assembly and
the President of the Republic. These copies shall be kept in the offices
of the Presidencyof the National Legislative Assembly, the Presidential
office of the Republic, the Presidency of the Supreme Court of Justice,
and the Presidency of the Supreme Electoral Council. Each copy shall be
the original or authentic text of the Political Constitution of Nicaragua. The
President of the Republic shall order it to be published in La Gaceta, the
official government publication.
Given in the meeting hall of the National Legislative Assembly, in the city
of Managua, November 19, 1986. This is in regard to the Articles that
have not been modified, and for having ordered the inclusion of the
amendments under VI of Article 20 in Law No. 192, that is, the Law
concerning partial amendment to the Political Constitution of the Republic
of Nicaragua, which was passed on February 1, 1995; and under VI of
Article 8 of Law No. 330, that is, the Law concerning partial amendment
to the Political Constitution of Nicaragua, which was passed on January
18, 2000 and in Article 7 of Law No.520. That is, Law concerning partial
amendment to the Political Constitution of Nicaragua, which was passed
on January 13, 2005, and published in La Gaceta, official government
daily, No. 35, dated February 18, 2005. The following amendments are
included in the Political Constitution.
1) Modification of Article 201, first paragraph approved in the
Constitutional Amendment Act or Law for the Elections of February 25,
1990, passed on January 30, 1990 and published in La Gaceta, official
government daily, No. 46, dated March 6, 1990;
2) Modification of Articles 1, 2, 4, 5, 26, 28, 33, 34, 42, 44, 51, 56, 68, 71,
92, 93, 94, 95, 96, 97, 99, 104, 105, 106, 107, 112, 113, 114, 121, 125,
130, 131, 132, 134, 136, 138, 140, 141, 142, 144, 145, 147, 148, 149,
150, 151, 152, 154, 155, 156, 159, 161, 162, 163, 164, 170, 171, 172,
173, 175, 176, 177, 178, 181, 185 and the change with regard to names
of the members of the National Legislative Assembly, contained in Law
No. 192, Law concerning Partial Amendment to the Political Constitution
of the Republic of Nicaragua. This Law was passed on February 1. 1995,

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and it was published La Gaceta, official government daily, No. 124, dated
July 4, 1995;
3) Modifications of Articles 10, 20, 130, 133, 134, 138, 147, 150, 152,
154, 156, 161, 162, 163, 164, 170, 171, 173 and 178 contained in Law
No. 330, Law concerning Partial Amendment to the Political Constitution
of the Republic Nicaragua, This Law was passed on January 18, 2000,
and it was published in La Gaceta, official government daily, No. 13,
dated January 19, 2000;
4) Modifications of Article 138, contained in Law No. 490, Law
concerning Partial Amendment to Article 138, Constitutional clause 12.
This was passed on June 15, 2004, and it was published in La Gaceta,
official government daily, No.132, dated July 7 2004;
5) Modifications of Articles 138, 143 and 150 contained in the Law No.
520, Law concerning Partial Amendment to the Political Constitution of
the Republic of Nicaragua. This was passed on January 13, 2005, and it
was published in La Gaceta, official government daily, No. 35, dated
February 18, 2005, with correction published in La Gaceta, official
government daily, No. 97, dated May 23, 2008;
6) Modifications of Article 140, contained in Law No. 521, Law concerning
Partial Amendment to Article 140 of the Political Constitution of the
Republic of Nicaragua. This was passed on January 13, 2005, and it was
published in La Gaceta, official government daily, No. 35, dated February
18, 2005;
7) Modifications of Articles 68 and 93 contained in Law No. 527, Law
concerning Partial Amendment to the Political Constitution. This was
passed on March 15, 2005, and it was published in La Gaceta, official
government daily, No. 68, dated April 8. 2005; and
8) Ruling No.52, pronounced by the Supreme Court of Justice at 8:30
a.m., on August 30, 2005. This ruling stated the inapplicability or
unconstitutionality of the added text at the end, stating that, During the
2002-2007 Government period, what is set forth in the amendment of this
Article must be implemented until after there is consensus-building
between three main political players in the countrythe two Majority

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Parliamentary groups and Government of the Republic, so that


harmonious relations remain in place.
In accordance with paragraph eighth of Article 141 of the Political
Constitution and without approval of the President of the Republic,
publish, in La Gaceta, this sign hereby contained in the text of the
Political Constitution of the Republic of Nicaragua and its amendments.
Given in the city of Managua, Seat of the Legislative Branch, on the
th
16 day of September, 2010.
REN NEZ TLLEZ, President of National Legislative Assembly.
ALBA PALACIOS BENAVIDEZ, Acting Second Secretary of the National
Legislative Assembly.

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