The Union of Universities of Latin America and the Caribbean (Udual), the largest and oldest university network in the region, denounced —through a statement— that the cancellation and subsequent confiscation of six private universities in Nicaragua “did not adhere to due process” and that it represents a violation of university autonomy and the Political Constitution of the country.
The universities were canceled by the National Assembly on February 2, at the request of the head of the Department of Registration and Control of Non-Profit Civil Associations of the Ministry of the Interior (Migob), Franya Urey Blandón, who points out that they are “not very transparent in the administration of the funds”, since the Migob supposedly does not know “the way in which they executed them and if it was in accordance with their objectives and purposes for which the National Assembly will grant them legal personality.”
Given this situation, Udual pointed out that in democratic societies this type of decision must be accompanied by due process. “It is not about denying the right of the State to apply sanctions to universities that fail to comply with the regulations that protect their operation and that do not provide a service with the required quality. But a decision of great social impact such as this cannot be legitimately imposed if it is not duly justified, if the accounting, legal and other required analyzes that prove the validity of the determination to prohibit are not disclosed.
the functioning of the institutions for violations of laws to which they promised to adhere, “says the statement.
The organization also stressed that “if this state of affairs continues, that is, the lack of respect for due process, we would be facing a violation of university autonomy” that the Political Constitution of Nicaragua grants to universities in its article 125, which reads: “Universities and higher technical education centers enjoy academic, financial, organizational and administrative autonomy.” And it adds: “Your assets may not be subject to intervention or embargo, except when the obligation that is asserted has its origin in civil, commercial or labor contracts.”
Concerned about confiscation
For Udual it is “worrying” that, in addition to the cancellation of the universities, there is no clarity about what will happen to the assets of those universities. “Is it also a confiscation of property, despite the fact that the article (of the Constitution) prohibits it? This seems to be the case, because new authorities have already been appointed that we assume will operate in the facilities of the canceled universities”, they underline.
Five days after the cancellation of the universities, the Nicaraguan legislators created the universities: Francisco Luis Espinoza Pineda, National Polytechnic University (UNT) and the Ricardo Morales Avilés National Multidisciplinary University, to confiscate the assets and the student community that belonged to six houses of studies cancelled. Currently all campuses are in the hands of the National Council of Universities (CNU).
Udual “expresses its deep concern for the violation of the laws that the Nicaraguan State itself has given itself, by not proceeding according to due process to judge universities and associations,” the statement said. “We call on the authorities of that brotherly Central American country to rectify their decision and proceed appropriately, recognizing the social function of universities and the autonomy they should have, given their status as spaces of appropriation and free development of the knowledge they require. the common good and the construction of the future of society”, they conclude.
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