criesdif@cdp.uucp (10/27/89)
/* Written 12:31 pm Oct 25, 1989 by criesdif in ni:ni.centam-elect */
/* ---------- "Nica:Code of electoral ethics" ---------- */
NICARAGUA: CODE OF ELECTION ETHICS
Rules of Electoral Ethics
The Supreme Electoral Council of the Republic of Nicaragua
Whereas:
I. There is a need for exemplary civic behavior in the
electoral process, with strict adherence to the laws by the
authorities, political parties, alliances of political
parties, petitioning associations, and the population in
general;
II. The electoral process and especially the electoral
campaign should be conducted within the highest ethical and
moral standards;
III. The Political Agreement signed by the President of the
Republic and the political parties on August 4, 1989,
proposed that this Council approve various rules of
electoral behavior;
To approve these Rules of Electoral Ethics in accordance
with Article 173 of the Constitution of Nicaragua and
Articles 129 and 130 of the Electoral Law.
Art. 1 Civic Education Function. The officials of the
Supreme Electoral Council, the members of the subordinate
electoral organs, other government authorities; leaders and
activist of political parties, alliances and petitioning
associations, journalists and directors of the mass
communication media and the general population are obligated
to contribute so that the electoral compaign will be
educational and formative of civic values for the Nicaraguan
people.
Art. 2 Generalities regarding Electoral Campaigning. In
addition to respecting the Constitution and laws, the
electoral campaign should be conducted in conformity with
the highest ethical and moral standards, which include
respect for:
1. The political opinions of others, so that ideas are
responded to with ideas, in an educated and mature manner.
2. The dignity of public officials and of the leaders
and activists of political parties, candidates, voters and
the population in general.
3. The rights of the political parties, alliances and
petitioning associations registered to participate in the
elections to conduct their electoral compaigns in accordance
with the norms established in the Electoral Law and those
contained in this document.
4. The right to preserve one's name and other human
rights that protect the honor and reputation of an
individual. For this reason neither insults nor degrading
terms should be used when referring to the person or names
of candidates.
A violation of the terms established in this Article
shall be considered a violation of electoral ethics and
subject to penalties.
The first infraction of this Article will result in a
public warning to the individual and his political party.
The procedure established in Article 196 and subsequent
procedures contained in the Electoral Law will be
implemented in cases when the infraction is repeated.
Art. 3 Respect for Campaign Materials. Activists,
leaders, members of political parties, as well as the
authorities and the general population, should respect the
campaign materials of the parties. It is prohibited to
damage, fragment, distort, or destroy campaign materials in
any form. Infractions of this resolution will be sanctioned
in accordance with Article 196, item 2 of the Electoral Law.
Art. 4 Respect for Symbols and Emblems. The name,
slogan, symbols, emblems and colors of a political pary,
alliance or petitioning association may not be used by
persons, organizations, or political parties other than
those that have registered those items with the appropiate
body.
Art. 5 Campaining in Public Offices. The use of public
offices for political campaigning is forbidden during office
hours. This rule also covers temples and churches.
Public officials while exercising their duties and
responsabilities should not campaign or distribute campaign
materials. An official shall be considered in exercise of
his duties when carrying out activities that pertain to his
position.
Art. 6 Campaign Materials in Public Offices. Campaign
materials are not permitted inside or outside of public
buildings. Meetin and political assemblies are also
prohibited inside public buildings.
For purposes of the Electoral Law, public buildings
refer to those that are occupied under any contract or legal
arrangement or in fact pertain to any of the four branches
of Government or other agencies.
Art. 7 Use of Government Property. the improper use of
State property for campaign purposes is prohibited.
Art. 8 Electoral Campaigning. Campaigning that includes
any of the following characteristics will not be permitted.
a) Making direct or indirect calls for electoral
abstention.
b) The use of violence, threats or bribes to force
adherence to a particular candidate or to vote in a given
manner.
c) That contains defamation, rumor or libel, or obscene
or denigrating expressions against public officials,
political party officials, candidates and the general
population.
Art. 9 Duties of the Ministry of the Interior.
The Ministry of the interior is obliged to facilitate the
normal development of the electoral campaign and to
collaborate with the Supreme Electoral Council and its
organs in compliance with the Electoral Law, these rules and
subsequent resolutions and orders emanating from them.
Art. 10 Public Demonstration and Other Dispositions.
Beginning August 25, 1989, public demonstration and meetings
of political parties, alliances or petitioning associations
that are heid in open air will not require additional
authorization other than informing the corresponding
Regional Electoral Council which will comply with the
procedure established in Article 108 of the Electoral Law.
The first request will have preference over all subsequent
requests. The bond referred to in Art. 218, item 2.2.1. of
the Electoral Law will be presented to the President of the
respective Electoral Council.
The Regional Electoral Councils may authorize meetings
or demonstrations by different parties in the same city when
the size and the location of the events within the city, in
the judgement of the Council, impede the possibility of
encounters or interference between individuals, the meetings
or demonstrations.
Art. 11 During political party demonstrations conducted
during the Electoral process, participants should observe
the following standards of conduct:
They should
a) Not bear any type of firearms, instruments for
assault (such as iron, wood, sticks, etc.) or knives or
sharp objects.
b) Not damage walls, windows, gardens, sidewalks,
fences or any other part of buildings or private houses.
c) Not throw stones, bricks or any other object that
may harm the physical integrity or health of individuals or
damage structures located along the route of the
demonstrations.
d) Not provoke incidents, either by words or actions,
with the authority in charge of maintaining public order.
e) Not damage the campaign literature of other
political parties that they encounter along the
demonstration route.
f) Not damage or strike public or private vehicles
either parked or circulating in areas where the
demonstration passes.
Art. 12 Prohibition. The distribution of alcoholic
beverages or drugs to the participants of vehicular
caravans, demonstrations, or public concentrations is
expressly prohibited.
Art. 13 General Disposition. All complaints regarding
violations of these rules will be processed by the
corresponding office of the Secretarial of the Supreme
Electoral Council or of the Regional Electoral Council under
the rules established in this Rule and in Articles 196, 197,
198 and 199 of the Electoral Law.
Art. 14 This regulation will take effect immediately
upon approval by the Supreme Electoral Council.
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