The Office of the United Nations High Commissioner for Human Rights (OACNUDH) and the organization Race and Equality spoke out against the reform of the General Law for the Regulation and Control of Non-Profit Organizations (OSFL), executed by the National Assembly, which seeks to grant more control to the Government against Non-Governmental Organizations (NGOs).
“We reject the NPO Law Reform Initiative. Only an independent court should be able to dissolve an organization: concentrating this power in the Executive Power further erodes civic space and freedom of association, essential in democracy,” said Michelle Bachelet’s office.
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The OHCHR quoted the former United Nations Special Rapporteur on the right to freedom of association, referring that “the suspension or dissolution of an association must be authorized by an independent and impartial tribunal in the event of a clear and imminent danger of a flagrant violation of national laws, in accordance with international human rights standards.
The reform initiative proposes adding a numeral to article 7 of the General Law of Regulation and Control of Non-Profit Organizations, where the Nicaraguan regime grants the power to the Ministry of the Interior (Migob) to “grant and cancel the legal personality NPOs (Non-Profit Organisations) according to the classification established in this law, by means of a ministerial agreement».
In addition, the Ortega-Murillo administration granted a maximum period of 90 days for all business organizations, which are currently regulated by the Ministry of Development, Industry and Commerce (Mific) to begin the process of registering their legal personality with Migob to continue operating. .
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Faced with this “legal aberration” approved by the deputies of the National Assembly, the Nicaraguan Never Again Human Rights Collective assured “that article 138, number 5 of the Political Constitution of Nicaragua is violated. The aforementioned article is categorical in determining the powers of the National Assembly, specifically in “granting and canceling legal personality to civil associations.” In other words, it is an exclusive, excluding and non-delegable power of the National Assembly.
In the case of private companies, Ortega created a special chapter in Law 1115, named: Chapter V, NPO of business union chambers; where he points out in one of his articles that business organizations, as well as entities in the sports and recreation field, must initiate a validation process before the General Directorate of Registration and Control of NPOs in charge of Migob.
