Gender Violence

The present situation

On September 9 2007, nine leaders in the women's movement in Nicaragua were served with charges of accessory after the fact, and authors of a crime against the administration of justice, in the case of a young girl ("Rosita") who obtained an abortion in 2003, as well as illegal association to commit criminal actions in defense of the crime of abortion.  These charges were brought by an organization called Asociación Nicaraguense Pro Derechos Humanos (Nicaraguan Organization for Human Rights), a Catholic church-related organization.

All of these women are long-time activists, some fought in the struggle to overthrow the Somoza dictatorship in the 70's and many were active during the Sandinista government of the 80's.  At the present time, seven of these women (Ana María Pizarro, Juanita Jiménez Martinez, Lorna Norori Gutiérrez, Martha Murgía Alvarado, Mayra Sirias, Yamileth Mejíia Palma and Violeta Delgado Sarmiento) are leaders of organizations that make up La Red de Mujeres Contra La Violencia (The Network of Women Against Violence) and Luisa Molina Arguello and Martha María Blandon Gadea work with two other well-known women's organizations. 

The charges were made by Mr. Roberto José Petray, Executive Director of the Nicaraguan Organization for Human Rights (La Asociación Nicaraguense Pro Derechos Humanos), which was formed in the 1980's with funds from the US in support of the human rights of the Contras who were fighting against the Sandinista government.  The organization is presided over by Bishop Abelardo Mata who has headed the recent anti-abortion/ pro-life movement in Nicaragua.  Until recently the organization had been relatively inactive.

The Nicaraguan Attorney General's Office is investigating these charges, which are being taken very seriously by the government.  As of April 2008 the investigation is still in progress and the women charged are aware that they could serve jail time if brought to trial and found guilty.

The history of the case

To understand the present case one needs to understand a number of events that have happened in Nicaragua in the past several years.

The charges against the women refer to the case of "Rosita" and accuse the women of using this case in order to raise funds for their own organization.  "Rosita" is the name given to a 9-year old Nicaraguan girl living with her mother and stepfather in Costa Rica. She became pregnant and the family identified a man who was tried, convicted and imprisoned. The family requested an abortion.  The Network of Women Against Violence, along with the Attorney General's Office and other state and nonprofit organizations, worked to arrange an abortion for this child.  In 2007 the now 13-year old  "Rosita" was again pregnant and this time it was revealed that both pregnancies were a result of sexual abuse by the stepfather.

Familial sexual abuse against young girls is a serious problem in Nicaragua.  In 2000 Daniel Ortega's stepdaughter, Zoilamérica, brought charges against Mr. Ortega for years of ongoing sexual abuse.  Although she was not supported by her mother, the present First Lady, Rosario Murillo, the case was backed by many human rights and women's organizations including The Network of Women Against Violence.  The case is stalled in the courts, Daniel Ortega never admitted his culpability and it caused much difficulty within and for the Sandinista Party.

In October of 2006, just before the latest national elections in Nicaragua in which Daniel Ortega and the Sandinista Party were voted in, the Catholic and Evangelical Churches were able to arrange with the Sandinista Party and other major parties to repeal the therapeutic abortion law that has been law in Nicaragua for the past 170 years. Therapeutic abortion is abortion when the life of the mother is in danger if the pregnancy is carried to term. The repeal happened during a time that the Sandinista Party needed the support of the Catholic Church and the repeal was considered part of the "give and take" of politics. Although women have fought hard to protect the lives of women by getting the therapeutic abortion law reinstated, there has been no official support from the major political parties. Part of the case against these nine women is that they are advocating for abortion and therefore are "publicly and deliberately" disobeying the law of the authorities and inciting other women to do the same.

Recently the Ministry of the Family (MiFamilia) has declared that it will no longer work with the Network of Women Against Violence.  This will be harmful to women since it is The Network that runs the women's shelters and programs.  The Network has been made aware that the present Sandinista government has verbally told organizations and agencies not to work with The Network.

Well-known individuals, the human rights and women's movements in Nicaragua, Latin America and Europe have spoken out against these charges.  They see it as an attempt to "decapitate" the active Nicaraguan women's movement that in the past has fought and in the future will continue to fight against violence against women and for the right of women to obtain legal therapeutic abortions.  Facing these charges drains the financial and energetic resources of these organizations and, if the women are convicted, there will be less opposition to the present government's policies against women’s rights.

 

The progressive left in Nicaragua has shown its true counterrevolutionary colours. The FSLN joined the conservative PLC and ALN deputies in passing for the second time in less than a year a ban on abortion rights on the grounds of urgent medical treatment. In the recent decision, September 13, 59 deputies voted to eliminate the figure of therapeutic abortion from the new Nicaraguan Penal Code. The ban presents the majority of Nicaraguan women, the poor, with a death penalty if they arrive at a health facility with a haemorrhage due to a complication with their pregnancy. If they obtain an abortion, illegally, they face up to 14 years of prison, and physicians, facing prison terms of their own, tend not to provide the appropriate treatment of therapeutic abortion. Nicaragua is now falling behind other parts of the region, such as Colombia and the Federal District of Mexico, where abortion legislation has been passed. Moreover, the religious leaders of the country are no longer listening to their bases, as members of the international organisation Catholics for a Free Choice voiced their opposition to the draconian legislation in a mass, and were met with harassment by the clergy. This religious conservatism is what the FSLN used to justify their vote. In October 2006 they had argued that their original support for the ban had been an electoral strategy. Now it is clear that their motives are neither electoral nor religious. The Nicaraguan leftist government simply does not have a commitment to women’s rights. The international community needs to support Nicaraguan women, by demanding that the Nicaraguan government change its policies.