[misc.headlines.unitex] Nica: All-party agreement Aug.3-4

criesdif@mtxinu.COM (09/25/89)

/* Written  3:41 pm  Sep 23, 1989 by criesdif in ni:ni.centam-elect */
/* ---------- "Nica: All-party agreement Aug.3-4" ---------- */

The following is an unofficial translation of the document
signed by the Nicaraguan government and the nation's
political parties after a a 23-hour session on August 3-4.
                    ****************
                   POLITICAL AGREEMENT
     On August 3 and 4, 1989 the President of the Republic
of Nicaragua, Commander of the Revolution Daniel Ortega
Saavedra, and representatives of legally constituted
political parties gathered in the Olof Palme Convention
Center in Managua, capital of the Republic, successfully
concluded a National Dialogue carried out in fulfillment of
the agreements subscribed by the Central American Presidents
on February 14 of this year in Costa del Sol, El Salvador.
     The National Assembly directorate, the Supreme Court
and the Supreme Electoral Council were present throughout
the National Dialogue.  Observers from the United Nations,
the Organization of American States, the Center for
Democracy and members of the honorable accredited diplomatic
corps also attended.
     As a result of the National Dialogue, widely covered by
the national and international media, the President of the
Republic and the representatives of the political parties
hereby:
                        AGREE
     I.-  To affirm before the Nicaraguan people and
international public opinion, the common will to contribute
to the success of the peace efforts that will reach a
decisive moment at upcoming Central American Presidential
Summit to take place in Tela, Honduras.
     In this context, the Government of Nicaragua and the
political parties call upon the Central American Presidents
to approve the plan for the demobilization and voluntary
relocation or repatriation of the irregular forces located
in Honduran territory, in keeping with the Costa del Sol
Agreement and in the framework of the Esquipulas II
agreements.
     The Government of Nicaragua commits itself to
promulgate a broad and unconditional amnesty law for those
persons detained or being sought for having violated the Law
for the Maintenance of Order and Public Security and related
legislation, which would enter into effect upon completion
of the Plan for the Demobilization and Voluntary Relocation
or Repatriation.
     II.-  The political parties call upon the Governments
with interests in the Central American region to abstain
from covert activities in the Nicaraguan electoral process.
     All material support for political parties and
alliances that participate in the elections should be
undertaken in accordance with Nicaraguan Law.
     III.-  The Government of Nicaragua and the political
parties commit themselves to consolidate the necessary legal
and political conditions for the development of a free and
just electoral process, with equal guarantees for all
participating parties.
     The political parties pledge, therefore, to submit
lists of 4citizens for the formation of the Ballot Receiving
Boards as stipulated in the Electoral Law.
     IV.-  The President of the Republic:
     1.-  Will carry out a recruitment rescheduling for the
Patriotic Military Service in such a way as to guarantee
that no recruitment will take place in the period between
September 1989 to February 1990.
     2.-  Will immediately introduce legislation in the
National Assembly to reform the Public Media and Social
Communication Law so that in matters pertaining to
elections, the application of this Law shall be governed
directly by the Supreme Electoral Council.
     3.-  Will immediately introduce legislation in the
National Assembly to rescind Decree 10-74 (Law for the
Maintenance of Order and Public Security).   He will
likewise introduce legislation in the National Assembly to
reform Article 494 of the Penal Code.
     4.-  Will immediately introduce legislation in the
National Assembly to amend the Law on Jurisdictional Duties
of the Sandinista Police, rescinding the parts granting it
jurisdiction.
     5.-  In compliance with Numeral 2.1.2 of Article 218 of
the Electoral Law, thirty minutes of continuous air time
will be allotted, from Monday through Saturday, for
informational purposes to all participating parties or
alliances on  Channel 2 of the Sandinista Television System
during the period of August 25 through December 2, 1989.
This period of free airspace will be programed between 6:00
and 9:00 P.M. by the Supreme Electoral Council in
consultation with the political parties or alliances, in
accordance with Article 109, paragraph 2 of the Electoral
Law.
     6.-  Will request the directorate of the National
Assembly to immediately initiate the debate and approval of
the Civil Service Law.
     7.-  The Government of Nicaragua will immediately
release prisoners sentenced for activities in violation of
the Law  on the Maintenance of Order and Public Safety that
are in a poor state of health as certified by the Human
Rights and Peace Commission of the National Assembly or in
the procedure established in the Penal Code.
     8.-  The Government of Nicaragua will review the
release of prisoners contained in lists submitted by
political parties that subscribe the present agreement in
which they demonstrate that the said prisoners are members
of the corresponding political parties and are all detained
for political activities.
     9.-  The Government reaffirms the guarantees for the
different types of property, therefore they are not be
subject to confiscations, expropriations or interference on
account of strictly political factors.
     V.- The President of the Republic and the political
parties signatories of this Accord agree that the President
and Vice-President of the Republic to be elected by popular
vote in the February 25, 1990 elections will assume office
on April 25 of the same year, following the procedures
stipulated in Article 149 of the Constitution.
     The Government and political parties suscribing this
accord undertake to support the expedited approval of a
transitory disposition of the Constitution for the exclusive
purpose of facilitating the assuming of Office of the
elected representatives to the National Assembly on April
24.
     VI.- The political parties signatories to this Accord,
with the support of the President of the Republic, propose
to the Supreme Electoral Council, the following:
     1.-  To submit the catalogue with the lists of
registered voters to each party or alliance participating in
the electoral process no later than 60 days before the
elections.
     2.-  To submit copies of opening and closing
registration, founding and closing of the vote, vote
counting and voting vouchers in each of the Ballot Receiving
Boards to each of the poll-watchers of each political party
or alliance.
     3.-  To prepare duplicates of the election catalogues,
one of  which is to stay in the Supreme Electoral Council
and the other in the corresponding Regional Electoral
Council, starting from the period of voter registration up
until three months after the election.
     4.-  Once the vote tally has been concluded, that one
or two of the political parties or alliances' poll-watchers
in the Ballot Receiving Boards be allowed to travel with the
sealed packages of election documents to assure their
safety, in  order that these be recounted in the Regional
Electoral Councils.
     5.-  That the Supreme Electoral Council continue its
efforts with foreign governments and international
organizations to obtain technical and financial assistance
in order to initiate a permanent identification system for
Nicaraguan citizens that will be completed before the 1996
elections.
     6.-  To maintain the guarantee that voting places will
not be established within military installations and that
military personnel register and exercise their right to vote
in the nearest corresponding Ballot Receiving Board.
     7.-  To prohibit the use of public buildings for
election campaigning.
     8.-  To make an appeal to all written media not to deny
carrying the propaganda of any political party or alliance.
     9.-  That the allotted time in the communications media
be distributed equally among parties and alliances.
     10.-  To effectively enforce the prohibition on the use
of State property and goods for party campaign purposes.
     11.-  To guarantee the right to campaign wherever
citizens with the right to vote may reside.
     12.-  To guarantee the right of poll-watchers to
inspect the ballot box before the  voting takes place.
     13.-  To submit demarcation of each one of the Ballot
Receiving Boards to the political parties or alliances no
later than 10 days prior to the initiation of the voter
registration.
     14.-  To guarantee that public employees do not conduct
political party activities during office hours.  No public
or private employer may obligate his employees to carry out
political campaigning.
     15.-  To establish September 29 as the registration
date for candidates to the National Assembly.
     16.-  To establish the rates for air time on the radio
and television that shall remain in effect during the
election campaign period.
     17.-  To organize a national seminar of multipliers for
the poll-watchers of the political parties and alliances.
     18.-  That the Supreme Electoral Council extend the
period for the presentation of pollwatchers from the
political parties or alliances, and that these be freely
designated by the political parties or alliances.
          The credentials sent by the political parties
should be initialed immediately and sealed in the
corresponding Regional Electoral Council.
     19.-  To guarantee freedom so that all parties or
alliances may conduct opinion polls without any legal
restrictions whatsoever with the sole exception being the
full publication of the questions and technical details of
the poll.
     20.-  To guarantee compliance with Article 206 of the
Electoral Law regarding petroleum, lubricants and supplies
for election propaganda.
     21.-  To grant election campaign financing no later
than 8 days after the registration of candidates for the
Presidency and Vice-Presidency.
     22.-  To guarantee free access of official observers to
the Ballot Receiving Boards, Regional Tally Centers and the
National Tally Center as well as to election documents and
activity of legally registered parties.
     23.-  When voting, nail polish remover will be applied
followed by indelible ink to stain the voter's finger.
     24.-  When in a single Ballot Receiving Board more than
400 citizens register to vote, new voting booths for9w
secret voting will be installed providing also sufficient
identification lists and ballot boxes so that the voting may
finish in the foreseen time frame established in the Law.
     25.-  That a secret vote be guaranteed, and that the
vote count be done in the presence of Ballot Receiving Board
members and their alternates, poll-watchers and observers.
     26.  To guarantee access to the Regional and National
Tally Centers for Presidential and Vice-presidential
candidates, and board members of political parties and
alliances registered in the election process.
     27.-  That electoral organism administrative personnel
be appointed on a pluralist basis.
     28.-  To ensure stipends and transportation costs for
the poll-watchers of the parties in the Ballot Receiving
Boards.
     29.- To carry out voter registration during the first
four Sundays of October, 1989.
     30.-  The Supreme Electoral Council will establish a
Consultative Body made up of seven members chosen on a
pluralist basis in accordance with Article 201 of the
Electoral Law.
     The Conservative Democratic Party registers its
disagreement with the second paragraph of point V relating
to the aswsuming of office of the elected representatives of
the National Assembly.

Managua, August 4, 1989

Daniel Ortega Saavedra
     PRESIDENT OF THE REPUBLIC OF NICARAGUA

LEGAL REPRESENTIVES OF THE PARTIES
Bayardo Arce Castano
Comander of the Revolution
     Sandinista National Liberation Front (FSLN)
Lic. Erick Ramirez
     Social Christian Party (PSC)
FOR THE PARTIES:
     National Conservative Party (PCN)
     National Action Party (PAN)
     Independent Liberal Party (PLI)
     Comunist Party of Nicaragua (PDdeN)
     Nicaraguan Socialist Party (PSN)
     National Confidence Democratic Party (PCDN)
     Popular Social Cristian Party (PPSC)
     Conservative Popular Alliance Party
     Social Democratic Party (PSD)
     Neo Liberal Party (PALI)
     Nicaraguan Democratic Movement (MDN)
     Liberal Constitutionalist Party (PLC)
          Dr. Silviano Matamoros
          Jaime Bonilla
          Dr. Duilio Baltodano
          Eli Altamirano
          Luis Sanchez
Dr. Eduardo Coronado
     Liberal National Unity Party (PLIUN)
Blanca Rojas
     Central American Unionist Party (PUCA)
Jose Maria Zavala
     Social Conservatism Party
Dr. Clemente Guido
     Conservative Democratic Party (PCD)



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