Constitution

Nicaragua 1987 Constitution (reviewed 2014)

Table of Contents

TITLE I. FUNDAMENTAL PRINCIPLES

SOLE CHAPTER

Article 1

Independence, sovereignty, and national self-determination are inalienable rights of the people and the bases of the Nicaraguan nation. Any foreign interference in the internal affairs of Nicaragua or any attempt to undermine these rights threatens the life of the people. It is the duty of all Nicaraguans to preserve and defend these rights.

Article 2

National sovereignty resides in the people who exercise it by means of democratic procedures, deciding and participating freely in the establishment and improvement of the nation’s economic, political, cultural and social system. The people exercise sovereign power through their representatives freely elected by universal, equal, direct, and secret suffrage, barring any other individual or group of individuals from usurping such representation. They may also exercise it directly by means of a referendum or plebiscite or other mechanisms established by the present Constitution and the laws. Similarly, it could exercise it by other means of direct democracy, like participatory budgets, citizens’ initiatives, territorial councils, territorial and municipal assemblies of the indigenous peoples and those of African descent, sectorial councils and other means established by this Constitution and the laws.

Article 3

The struggle for peace and the establishment of a just world order represent fundamental commitments of the Nicaraguan nation. We therefore oppose all forms of colonialist and imperialist domination and exploitation and declare our solidarity with all countries fighting against oppression and discrimination.

Article 4

The State recognizes the individual, the family, and the community as the origin and the end of its activity, and is organized to achieve the common good, assuming the task of promoting the human development of each and every Nicaraguan, inspired by Christian values, socialist ideals, practices based on solidarity, democracy and humanism, as universal and general values, as well as the values and ideals of Nicaraguan culture and identity.

Article 5

Liberty, justice, respect for the dignity of the human person, political and social pluralism, the recognition of the distinct identity of the indigenous peoples and those of African descent within the framework of a unitary and indivisible state, the recognition of different forms of property, free international cooperation and respect for the free self-determination of peoples, Christian values, socialist ideals, and practices based on solidarity, and the values and ideals of the Nicaraguan culture and identity, are the principles of the Nicaraguan nation.

Political pluralism ensures the free organization and participation of all political parties in the electoral processes established in the Constitution and the laws; and their participation in the political, economic and social affairs of the country.

Christian values ensure brotherly love, the reconciliation between the members of the Nicaraguan family, the respect for individual diversity without any discrimination, the respect for and equal rights of persons with disabilities, and the preference for the poor.

The socialist ideals promote the common good over individual egoism, seeking to create an ever more inclusive, just and fair society, promoting an economic democracy which redistributes national wealth and eliminates exploitation among human beings.

Solidarity among Nicaraguans must consist in joint action which leads to the abolition of exclusionary practices and favors the most impoverished, disadvantaged and marginalized people; a feeling of unity based on common objectives and interests of the nation, as cooperation and mutual assistance promote and breathe life into relations based characterized by understanding, respect and dignity which form the basis for peace and reconciliation among individuals.

The State recognizes the existence of the indigenous peoples and those of African descent who enjoy the rights, duties and guarantees designated in the Constitution, and especially those which allow them to maintain and develop their identity and culture, to have their own forms of social organization and administer their local affairs, as well as to preserve the communal forms of land property and their exploitation, use, and enjoyment, all in accordance with the law. For the communities of the Caribbean Coast, an autonomous regime is established in the present Constitution.

The various forms of public, private, associative, cooperative, communitarian, communal, family-owned, and mixed property shall be guaranteed and encouraged without discrimination in order to produce wealth and shall serve social needs by operating freely.

Nicaragua bases its international relations on friendship, complementarity and solidarity among the peoples and reciprocity among States. Consequently, all forms of political, military, economic, cultural, or religious aggression and the interference in the internal affairs of other States are forbidden and proscribed. Nicaragua recognizes the principle of the peaceful settlement of international disputes through the means offered by international law and prohibits the use of nuclear weapons and other means of mass destruction in domestic and international conflicts. Nicaragua guarantees the right of asylum to persons persecuted for political reasons, and rejects any subordination of one State to another.

Nicaragua adheres to the principles shaping American international law, as recognized and ratified in the exercise of its sovereignty.

Nicaragua encourages regional integration and advocates the reconstruction of the Grand Central American Homeland.