NICARAGUA: Changes to military code approved
In late March Nicaragua’s 92-member unicameral legislature, which like all institutions is controlled by President Daniel Ortega’s Frente Sandinista de Liberación Nacional (FSLN), approved changes to the country’s military code. Among other things the changes introduce a military reserve. They also effectively consolidate the stranglehold on power of Ortega and First Lady Rosario Murillo, now a co-president following the recently implemented sweeping constitutional reform package [SSR-25-01]: both co-presidents are named as heads of the armed forces.
Approved by the legislature on 25 March, one of the changes to the military code which has most alarmed Ortega critics is a provision which creates a “patriotic military reserve” force within the Nicaraguan military. This will comprise, on a voluntary basis, officers, officials, non-commissioned officers, and lower ranking soldiers and sailors who have retired or been discharged from the army, along with any citizen wishing to participate in the armed defence of the nation.
A report published on 26 March by Nicaraguan investigative news outlet Confidencial cites anonymous analysts as saying that the purpose of the new military reserve was “intimidation”. It cites them as comparing the new force with the newly-created voluntary police force, which is considered little more than an institutionalised version of the paramilitary shock groups that played a key role in the helping the police suppress dissent as part of the government crackdown which began in 2018 [SSR-25-03]. One analyst cited by Confidencial said that in practical terms the military reserve makes no sense since “the tasks of the army are not about maintaining internal order, but have to do with the defence of sovereignty and the national territory.” The same analyst also noted that “there is no medium-term threat on the horizon of a military conflict in which Nicaragua would participate.”
The other change drawing major alarm was that giving Murillo control of the armed forces, along with Ortega. This not only reaffirms the military’s subordination to the executive, enshrining what was already a de-facto arrangement, but, in particular, consolidates the grip on power of Murillo who, through the constitutional reform package, was promoted from vice president to co-president. Prominent dissidents such as former Sandinista guerrilla Dora María Téllez, who was among the 222 political prisoners deported to the US in February 2023 [SSR-23-04], discern in the constitutional changes and figure of the ‘co-president’, Murillo’s “ambition for total power”, as Téllez explained in an interview with Confidencial’s director, exiled journalist Carlos Chamorro, in November 2024, when the constitutional reform package was first unveiled. Murillo’s promotion to co-president is also understood as being part of efforts by the presidential couple to ensure a line of family succession to Ortega, who is 79, with Murillo, 73, and one of the couple’s sons, Laureano Ortega, both widely tipped as successors.
Landmark report published
On 3 April the United Nations-appointed panel of human rights experts on Nicaragua (GHREN) released a 234-page report which, for the first time, identifies 54 government, military officials and FSLN members as responsible for the alleged grave human rights violations and other crimes associated with the brutal crackdown on dissent which began in 2018. As well as the presidential couple, those named include current army commander General Julio César Avilés, who has been in the post since 2010 in breach of the military code; and Francisco Díaz, who has served as police chief since 2018. Téllez was cited by local media as describing the GHREN report as “the first big step towards justice”.
Avilés
General Julio César Avilés’ continuance in the post of army chief flouts the country’s 1994 military code which set out five-year terms for heads of the military. In 2020 he was blacklisted by the US government for his role as commander-in-chief of the army which, according to the US, “provided support to the police and paramilitary gangs that carried out crimes against the Nicaraguan people, including attacks on protesters during the unrest that began in April 2018”. An earlier report by the United Nations-appointed panel of human rights experts on Nicaragua (GHREN), published in February, concluded for the first time that the Nicaraguan army – despite its denials – had participated in the 2018 crackdown [SSR-25-04].
