1. Creation and Role of CPCs
Citizen power councils (Consejos de Poder Ciudadano - CPCs) were created by presidential decree in 2007 (Nicaragua 2007; CEAP July 2009, 5). According to a study by the Centre for Political Studies and Analysis (Centro de Estudios y Análisis Político - CEAP) for the United Kingdom's Department for International Development, CPCs were created to allow the people of Nicaragua [translation] "to organize themselves and take an active and direct role in all aspects of the nation's development, in support of the plans and policies of the President of the Republic aimed at developing these objectives" (ibid.). The CEAP is a Managua-based think tank that focuses on issues relating to the effectiveness of public policies and government structures (ibid., 2).
According to Násere Habed López, a professor of legal philosophy at the National Autonomous University of Nicaragua, CPCs are organizations that facilitate direct citizen participation and mediate citizens' relations with the government to find solutions to problems affecting their communities (López 6 Sept. 2007).
According to Freedom House, "in theory," CPCs were designed to provide a direct link between the President and citizens (2010). Sources indicate that CPCs are [translation] "present in communities, regions, neighbourhoods, districts, municipalities, departments and autonomous regions, as well as at the national level" (CEAP July 2009, 5; Nicaragua 2007).
2. Structure and Organization
According to the CEAP, CPCs may have up to 150 members each [100 members, according to Násere Habed López (6 Sept. 2007)], and from their ranks, 16 members are elected for a two-year term, which may be renewed twice, in order to fulfill duties in the following areas of responsibility:
[translation]
| Positions within a CPC | Public agencies and programs with which collaborative relationships may be established |
|---|---|
| 1. Promotion of citizenship rights (training) | a) Communications and Citizenship Secretariat for Social Development (citizen power delegates) |
| 2. Communications and propaganda | b) Communications and Citizenship Secretariat for Social Development (citizen power delegates) |
| 3. Public safety, intercommunity exchanges and solidarity | c) National Police Army of Nicaragua |
| 4. Women’s rights | d) Nicaraguan Institute for Women... Ministry of Development, Industry and Trade... |
| 5. Rights of children and young people | e) Nicaraguan Institute for Youth... Ministry of Family... |
| 6. Senior citizens’ rights | f) Nicaraguan Social Security Institute... |
| 7. Health | g) Ministry of Health... |
| 8. Education | h) Ministry of Education... |
| 9. Environment | i) Ministry of the Environment and Natural Resources... |
| 10. Transportation and infrastructure | j) Ministry of Transport and Infrastructure |
| 11. Rural development | k) Ministry of Agriculture and Forestry... |
| 12. Culture | l) Nicaraguan Institute of Culture |
| 13. Sport | m) Nicaraguan Institute of Sport |
| 14. Recommendations to local governments | n) Mayors Municipal councils |
| 15. Programs and projects to promote employment, self-employment and community work | o) Nicaraguan Institute of Municipal Development... |
| 16. General coordinator | p) Communications and Citizenship Secretariat for Social Development (citizen power delegates) |
| 17. Others, as required | - |
(CEAP July 2009, 33-35)
According to the CEAP study, CPCs are part of the Citizenship and Direct Democracy Network (Red de Ciudadanía y Democracia Directa ) (ibid., 37). This network is made up of the following:
- Local Community Citizen Power Cabinet (Gabinete Comarcal o de Barrio del Poder Ciudadano - GPC), consisting of two representatives from each of the CPCs under its jurisdiction;
- District Citizen Power Cabinet (Gabinete Distrital del Poder Ciudadano ), consisting of two to six representatives elected from each of the GPCs under its jurisdiction;
- Municipal Citizen Power Cabinet (Gabinete Municipal del Poder Ciudadano ), consisting of two to six representatives elected from the District Citizen Power Cabinet;
- Departmental Citizen Power Cabinet (Gabinete Departamental del Poder Ciudadano ), consisting of two to six representatives elected from the Municipal Citizen Power Cabinet;
- National Citizen Power Cabinet (Gabinete Nacional del Poder Ciudadano ), consisting of, among others, 16 representatives from each departmental cabinet, government ministers, police representatives and the President of the Republic, who acts as chairperson (ibid., 35-39).
3. How CPCs Work
As part of its study, the CEAP interviewed 127 CPC members (ibid., 13), who reported that their main tasks were the following:
[translation]
- Bringing the community together to discuss problems and find solutions, particularly solutions involving cooperation with the government (central or municipal).
- Advocating for government services and programs that meet the community's needs and demands. - Identifying and recommending community members who will benefit from government programs.
- Giving communities organizational and logistical help so that public services and awareness campaigns are more effective.
- Overseeing the delivery of public services in the community and reporting any problems directly to ministerial and citizen power delegates.
- Managing public works and social welfare benefits, for the community or for low-income families, in cooperation with government delegates or authorities where [these delegates and authorities] are governed by the FSLN [Sandinista National Liberation Front - Frente Sandinista de Liberación Nacional ] (ibid., 45).
Departmental citizen power cabinets meet once a year or on an ad-hoc basis, when necessary, to study problems facing municipalities and establish plans and programs to meet their needs (ibid., 36). These plans are sent to the national cabinet for discussion and for the purpose of [translation] "guiding the President of the Republic and Cabinet in putting the plans and strategies into practice" (ibid.).
4. Treatment of CPC Members by Authorities and Society
Information on the treatment of CPC members could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, the following information may prove useful.
According to Freedom House, by creating CPCs, President Ortega "has sought to refashion the FSLN as an instrument of political control" (2010). Freedom House adds that CPCs "have failed to attract the support of non-Sandinistas and exclude people of other political persuasions, while usurping the functions of local officials and committees" (2010). According to Freedom House, this policy is "marginalizing civil society organizations that oppose [the Ortega] government" (2010). According to the study by the CEAP, the CPC model [translation] "does not encourage consensus and does not lead to concerted action" (July 2009, 73).
Freedom House states that it is often the case that people seeking government jobs must present letters of recommendation from local CPCs (2010). Similarly, the US Department of State's Country Reports on Human Rights Practices for 2009 notes that persons seeking to obtain or retain jobs in the public service were "obliged" to provide letters of recommendation from CPC captains (US 11 Mar. 2010, Section 4). In addition, government agencies allegedly required CPC recommendation letters from persons seeking voter registration and national identity documents (ibid.).
According to Country Reports 2009, CPC members were implicated in the following incidents:
- On 26 March 2009, members of a CPC sent death threats to the leader of the union representing public servants employed by the Ministry of Transport. The union leader filed a complaint with the police, but there was no investigation [as of 11 March 2010] because police claimed a lack of evidence. The Ministry later dismissed the union leader "without showing proper cause" (US 11 Mar. 2010, Section 7b);
- On 8 August 2009, in Managua, FSLN and CPC sympathizers "violently disrupted" a peace march led by NGOs. In total, 21 people were injured by FSLN and CPC sympathizers, buses were damaged, 5 women were partially stripped against their will, and marchers were chased and had to seek sanctuary in a cathedral. According to Country Reports 2009, the police passively watched the incident, and high-ranking officials participated in the "attacks" (ibid., Section 2b).
- On 4 October 2009, CPC members attacked "with impunity" an opposition rally held in a private home. One person was "severely" injured, and vehicles and the home were damaged (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Centro de Estudios y Análisis Político (CEAP). July 2009. Consejos del poder ciudadano y gestión pública en Nicaragua . <http://www.oas.org/juridico/spanish/mesicic3_nic_consejos.pdf> [Accessed 3 May 2013]
United States (US). 19 April 2013. Department of State. "Nicaragua." Country Reports on Human Rights Practices for 2012. <http://www.state.gov/documents/organization/204677.pdf> [Accessed 5 May 2013]
_____. 11 March 2010. Department of State. "Nicaragua." Country Reports on Human Rights Practices for 2009. <http://www.state.gov/j/drl/rls/hrrpt/2009/wha/136120.htm> [Accessed 5 May 2013]
Freedom House. 2010. "Nicaragua." Countries at the Crossroads. <http://www.freedomhouse.org/report/countries-crossroads/2010/nicaragua> [Accessed 25 Apr. 2013]
López, Násere Habed. 6 September 2007. "Por qué y para qué los Consejos del Poder Ciudadano, por Násere Habed López." Radio La Primerísima . <http://www.radiolaprimerisima.com/noticias/19069/por-que-y-para-que-los-consejos-del-poder-ciudadano-por-nasere-habed-lopez> [Accessed 25 Apr. 2013]
Nicaragua. 2007. Decreto No. 112-2007 . <http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/45B8626344F8E110062573D700655C46?OpenDocument> [Accessed 24 Apr. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact a professor of legal philosophy at the National Autonomous University of Nicaragua were unsuccessful within the time constraints of this Response.
Internet sites, including: Amnesty International; Factiva; Fédération internationale des ligues des droits de l'homme (FIDH); Hoy ; Human Rights Watch; United Nations – ReliefWeb, UN Women; Nicaragua – El pueblo Presidente, Ministerio de Educación, Ministerio del Trabajo, Ministerio de Gobernación, Ministerio del Transporte e Infraestructura, Ministerio de Turismo; Nuevo Diario ; Organization of American States – Inter-American Commission on Human Rights; La Prensa; Trinchera .
