criesdif@mtxinu.COM (09/25/89)
/* Written 3:50 pm Sep 23, 1989 by criesdif in ni:ni.centam-elect */
/* ---------- "Nica: UNO program - Part 2" ---------- */
PART 2
From "La Prensa" - August 26, 1989
CHAPTER IV POLICIES
On an international level, the Government of National
Salvation:
1.- Declares its firm commitment to peace and peaceful
coexistence, and will initiate an ample and clear policy of
friendship between the nations.
As regards international conflicts it recognizes
negotiation and arbitration as the appropriate means to
solve them.
2.- Affirms its duty of defending national independence
and sovereignty and Nicaragua's self-determination .
3.- Will establish relations on all matters with all
States and peoples of the world, based on the principles of
equality, respect, and mutual benefit.
4.-Will direct its efforts towards accomplishing the
unity of Central America and the strenghtening of its
economic integration.
Will support the Esquipulas II Accords named the
"Procedure for establishing a firm and lasting peace in
Central America".
5.- Will work towards consolidation of the Central
American Parliament and the creation of the Central American
Court of Justice.
6.- Will strenghen the ties which link us to the other
States and peoples of Latin America.
7.- Will support human rights, condemn apartheid and
racism, and will be for the abolition of any other kind of
discrimination.
8.- Will recognise the jurisdiction of the
Interamerican Court of Human Rights.
9.- Will support campaigns which combat the production,
traffic and consumption of drugs.
On a national level:
The Government of National Salvation will revise
juridical regulations, adapting them to the fundamental aims
of this program. To do this, replacing the present
emminently autocratic and totalitarian Political
Constitution imposed by the Sandinista regime becomes
indispensable. The new Constitution would fundamentally
include the 17 constitutional reforms demanded by the 14
opposition parties during the National Dialogue on the 4th
of November 1987, and, among others, the following
principles and regulations:
1.- A civilian, republican, democratic, and
representative regime composed of four Powers: Legislative,
Executive, Judicial, and Electoral, all autonomous and
independent. These powers will function harmoniously in the
fulfillment of the State's objectives.
2.- Abolition of the President of the Republic's
position of absolute power, by means of the limitation of
his excessive faculties.
3.- Presidential reelection will be disallowed, as will
the election of members of the military or relatives of the
President up to the fourth degree of consanguinuity or
affinity.
4.- Elimination of the confusion of State and National
interests with those of the government party.
5.- The Armed Forces are a professional unit and do not
belong to any political party, and its members will not be
allowed to work for any political party in a civic or
leadership capacity.
6.- Structuring of the Armed Forces in accordance with
the economic capacity and social needs of the country.
Separation of the National Police from the National
Army, giving the former an eminently civilian status.
7.- Abolition of Military Service.
8.- Rights and Guarantees:
Full implementation of the rights stated in the
United Nation's Universal Declaration of Human Rights, the
American Declaration of the Rights and Duties of Man, the
American Convention for Human Rights of the Organisation of
American States (OAS), the International Pact for Economic,
Social, and Cultural Rights, and the UN's International
pact for Civic and Political Rights.
Within these rights, we place most emphasis on the
following:
a) Political and ideological pluralism.
b) Freedom of assembly, political organization, and
political demonstrations and mobilizations.
c) Freedom of movement within the country and of
entering and leaving the same.
d) Unrestricted freedom of speech, broadcasting of
ideas, and information.
e) Freedom of conscience and creed.
f) Freedom of education and professorship.
g) Freedom of work, commerce, agriculture, and
industry.
h) Freedom of association in all its expressions.
i) The right to strike.
j) The right to life and liberty.
k) The right of petition.
l) The right to artistic, literary, scientific, and
technical property.
m) The right to elect and be elected for public
offices.
n) The right for parents to choose their childrens'
education.
n~) Equality before law and justice.
o) Respect for and guarantee of the right to private
property and inheritance.
p) Guarantee of the inviolability of home,
correspondence, and other forms of communication.
q) Minimum and family wage, weekly rest, holidays,
protection for maternity and large families, and social
security.
r) Establishment of the principle of no-retroactivity
within the law except where it benefits prisoners in penal
matters.
s) Sentence will not be longer than the life of the
criminal.
t) Any special law which applies penalties, controls,
and censures to social communication media will be
prohibited.
u) Abolition of the death penalty.
v) Abolition of the penalty of confiscation.
w) Exclusive jurisdictions and the formation of any
kind of special tribunals will not be permitted.
x) Neither torture nor any kind of corporal or
degrading punishment will be permitted.
y) Expatriation and removal from ones habitual living
place will be prohibited.
z) Nobody can be detained without a written order by a
competent authority.
9.- Trial by Jury.
10.-Judicial Powers: The Judicial branch will be
established and while the respective law is being brought
into function, Judicial Powers will be restructured
according to the 17 Constitutional Reforms demanded by the
14 opposition parties during the National Dialogue.
11.-Electoral Powers: The Electoral branch will be
organised as stipulated in the appropriate passage of the
said constitutional reforms.
12.-Human Rights Procurator (Ombudsman): The post of
Human Rights Procurator will be created, to be elected by
the National Assembly, to defend the basic rights of man
postulated in the Constitution.
13.-Court of Constitutional Guarantees: The Court of
Constitutional Guarantees will be established to hear and
resolve appeals on charges of unconstitutionality. Its
members will be elected by the National Assembly.
14.-Municipal Autonomy: Complete and effective
municipal autonomy will be guaranteed, to be established as
political, economic, and administrative within the national
plans for economic and social development.
15.-University Autonomy: University, educational, and
academic autonomy will be guaranteed, organically and
administratively.
16.-General Amnesty: In the case of the present
government's failure to fulfil the conditions it has several
times agreed upon, the Government of National Salvation will
decree a general amnesty for political prisoners, which will
strengthen its effort at national reconciliation.
17.-New Legislation: New laws will be brought into
being in the following areas among others: Electoral Law,
Documentation Law, Municipal Law, Emergency Law, Law of
Protection, and Political Parties Law.
Public Administration: In keeping with the principles and
regulations proposed for the new Constitution, taking into
consideration the fundamental objectives of this program,
and with the aim of improving the function and quality of
Public Administration, the Government of National Salvation
proposes:
1.-The creation of a dynamic, honest and efficient
Public Administration system which will respect citizens and
fulfill its duties of supporting the development of our
society.
2.-The creation of such legal and technical instruments
as should be necessary for its functioning.
3.-The establishment of a municipal autonomy which will
allow the full development of municipalities within the
Central Government's plans. All forms of social coexistence
and participation will be encouraged in order to strengthen
the natural ties between local societies.
4.-Satisfying the needs of national ethnic minorities,
safeguarding their interests, respecting their languages,
cultures, and religious and personal beliefs, in harmony
with the Fundamental Objectives.
5.-The creation of a law of Civil Service which will,
on the basis of administrative efficiency and honesty,
guarantee their jobs to those who work within it. This law
will protect and promote them by means of objective
judgement, adequately retire them and teach them their
individual and associated rights.
6.-The creation of a Law of Integrity for certain
categories of civil servants in order to guarantee the
honesty of their work.
7.-The assignment of part of the National Budget to
university education in line with its objective needs which
guarantee its functioning and development.
8.-As soon as it is installed, the Government of
National Salvation will take all practical measures possible
inspired by and deriving from the principles and regulations
proposed for the new Political Constitution and based on the
fundamental Aims of this program.
---
Patt Haring | United Nations | FAX: 212-787-1726
patth@sci.ccny.cuny.edu | Information | BBS: 201-795-0733
patth@ccnysci.BITNET | Transfer Exchange | (3/12/24/9600 Baud)
-=- Every child smiles in the same language. -=-