Nicaragua Network

1. New developments in disputes with Costa Rica
2. Colombia continues to patrol Nicaraguan waters in Caribbean
3. Constitutional amendments now in force
4. Chronic kidney disease could be caused by agrochemicals doctors say
5. Universities adding career paths to qualify students for Grand Canal work
6. School year begins “on a good footing”
7. Army thwarts Bosawas land invaders
8. Drought resistant seeds increase yields in Esteli
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1. New developments in disputes with Costa Rica

In reply to a request from Nicaragua, the International Court of Justice (World Court) announced last week that Nicaragua will be able to present a reply to Costa Rica’s defense of the road it built along the southern bank of the San Juan River and that Costa Rica will be able to present a rebuttal.  Nicaragua has sued Costa Rica in the World Court for ecological damages caused by erosion into the river from the controversial road which was built without any environmental impact study and has been investigated for corruption by the Costa Rican legislature. The Court has combined two cases into one, the first being Costa Rica’s suit against Nicaragua over ownership of a small triangle of land at the mouth of the river and the second being Nicaragua’s suit against Costa Rica over the road, and is expected to rule on the combined case in 2015.  International law expert Mauricio Herdocia said that this decision will give Nicaragua the opportunity to strengthen its arguments about the environmental damage caused by the building of the road and is an unusual step for the Court which was expected to proceed directly to oral arguments.  The Court said that it took the decision given “the need for Nicaragua to be able to make, in an appropriate manner, such observations as it wishes on the new material produced by Costa Rica.” Nicaragua will have until Aug. 4, 2014 to present its reply and Costa Rica until Feb. 2015 for its rebuttal.

In separate but related news, the Nicaraguan government sent a note to the Costa Rican government on Feb. 2, on the occasion of the latter country’s elections and proposed that the “path of dialogue be taken up again… for the welfare of the families of Central America.”  However, Costa Rican Foreign Minister Enrique Castillo answered, “They talk about dialogue and brotherhood but, in reality, on the ground, they continue to be hostile, aggressive and overbearing.”  Along with this reply, he confirmed that Costa Rica will file another suit against Nicaragua in the World Court alleging that Nicaragua is offering concessions for petroleum exploration in maritime territories that are within Costa Rica’s waters.  Castillo said that the suit will be filed before May 8, when a new president will take office.

Law expert Herdocia said that the waters Nicaragua has opened for petroleum exploration are waters assigned to Nicaragua by the World Court in November 2012 in a dispute with Colombia.  “None of the petroleum concessions that Nicaragua has issued is even remotely near maritime border areas with Costa Rica,” he said. Another international law expert, Norman Miranda, said, “I see this as a hostile act by the government of President [Laura] Chinchilla who wants to leave an inheritance to the next government of Costa Rica, leaving it tied to a new demand against Nicaragua.”

Miranda added that both candidates scheduled to compete in the April 6 presidential runoff election, Luis Guillermo Solis and Johnny Araya, have indicated that they would work to improve relations with Nicaragua.  The center-left Citizen Action Party (PAC) candidate Solis agreed with Chinchilla that “We have very important differences with Nicaragua.”  But, he insisted, “We can’t continue to ‘Nicaraguanize’ our entire foreign policy” and added, “Costa Rica and Nicaragua can’t get a divorce; we are countries that will be neighbors forever.”  Araya, of the National Liberation Party (PLN) currently in power, said that Costa Rica “must continue with firmness to defend its sovereignty at the International Court of Justice… but we can’t close ourselves to dialogue.  I believe that Costa Rica has been a country open to dialogue and we have to analyze if it’s sincere and respects our national sovereignty.”  (Radio La Preimerisima, Feb. 5, 7; El Nuevo Diario, Feb.8; La Prensa, Feb.5; http://www.icj-cij.org/docket/index.php?p1=3&p2=2&case=152)

2. Colombia continues to patrol Nicaraguan waters in Caribbean

The World Court issued an order on Feb. 3 fixing the dates for the submission of initial arguments in a case filed by Nicaragua against Colombia on Nov. 26 of last year.  As the Court noted, the case concerns a complaint by Nicaragua about Colombia’s violations of the Court’s ruling of Nov. 19, 2012, “and the threat of the use of force by Colombia in order to implement these violations.” The 2012 ruling, which came after 11 years of arguments, established the boundaries between the two countries in the Caribbean, confirming that the islands of the San Andres Archipelago belonged to Colombia but assigning the greater part of the waters to Nicaragua. Nicaragua must submit arguments in this new case by Oct. 3, 2014, and Colombia by June 3, 2015.

The threats by Colombia have continued.  La Prensa reported that, on Jan. 29, a Nicaraguan naval vessel received a radio message from a Colombian war ship stating, “The ruling from The Hague [the World Court] is not applicable and for that reason units of the Navy of the Republic of Colombia will continue exercising sovereignty in these waters.” La Prensa said that the Nicaraguan vessel replied saying that it was Nicaraguan territory and closed with “Have a good day.” That same day Nicaraguan fishermen, out in their boat in the newly adjudicated waters, was contacted by the same Colombian vessel and told that the waters are not Nicaraguan but rather Colombian.  The Nicaraguan boat captain said, “As far as I know, we are in Nicaraguan waters; if you don’t accept that, it’s your problem” to which the Colombian vessel replied, “It’s a decision of our government to permit you to remain in this area fishing.” The fishermen feared that “a conflict could begin as there were two Colombian frigates and just one Nicaraguan boat.” 

Apart from the Nov. 26 complaint about violations by Colombia, on Sept. 17, Nicaragua had asked the Court to rule on the delimitation of the continental shelf between Nicaragua and Colombia beyond the traditional 200 miles from the Nicaraguan coast.  Nicaragua and Honduras have an extensive continental shelf extending far out into the Caribbean.  The shelf does not come near to the coasts of either Colombia or Costa Rica, both of which countries are challenging Nicaragua’s claim.  (El Nuevo Diario, Feb. 6; http://www.icj-cij.org/docket/files/155/17980.pdf; La Prensa, Feb. 7; http://www.icj-cij.org/docket/index.php?p1=3&p2=2&case=154 )

3. Constitutional amendments now in force

On Monday, Feb. 11, the amendments to the Nicaraguan constitution were published in the official publication La Gaceta and went into effect.  They were passed at the end of last year and approved again in the required second vote on January 29.  The amendments change the constitution to reflect the expanded territorial waters in the Caribbean recognized by the World Court in 2012.  In the realm of elections, they eliminate term limits for all offices and allow presidential candidates to win with a plurality of votes.  Women must now make up half of each party’s slate for all electoral offices at both national and local levels. 

As noted previously in this News Bulletin, several last-minute changes were made to the slate of amendments before the 2013 vote.  The president will be able to issue decrees in “administrative matters” rather than “with force of law” as in the first draft. Members of the Army and Police will be able to hold office in the executive branch only “temporarily” for reasons of national need.  The model of alliance with the private sector (large, small and cooperative) was changed to eliminate the idea of “shared responsibility.” The earth will not be “venerated” but rather only “loved, cared for, and regenerated.” The phrase “direct democracy” was changed to say that the people will exercise power “in a direct form.” The phrase “family cabinets” was changed to “territorial assemblies”. Telecommunications will not be controlled by the government but rather regulated, and data bases will not have to be in Nicaragua.  The earlier version stated that the nation’s airwaves would be the property of the state and that the communications media would have to use the national radio spectrum and satellite communications rather than foreign carriers. 

Persons unknown were able to hack into the web page of La Gaceta and temporarily block its appearance on the internet.  However, the constitution establishes that a law has to be published with ink on paper in order to go into force so the interference with the web page had no effect. The hacking was probably done by members of the opposition who had come out firmly against the amendments. (Informe Pastran, Feb. 10, 11; http://digesto.asamblea.gob.ni/iunp/docspdf/gacetas/2014/2/g26.pdf; El Nuevo Diario, Feb. 9)

4. Chronic kidney disease could be caused by agrochemicals doctors say

According to the World Health Organization (WHO), more than 24,000 people have died in Nicaragua and El Salvador from chronic kidney disease (CKD), a fivefold increase in the past twenty years.  The disease affects principally workers in the sugar cane fields.  In most countries the disease affects people over 70 years of age but, among cane worker, the disease hits the young.  Many believe that the epidemic is caused by dehydration in the fields under the hot tropical sun. Others say that it could be that the workers chew on the cane and the combination of dehydration with cane juice would contribute to the disease.  But Dr. Peter Hotez, dean of Baylor College of Medicine in Texas, says, “People have been sweating and getting dehydrated in the sugar cane fields for hundreds of years, at least since the beginning of the Atlantic slave trade.  Why are we seeing these cases now?”  One answer is agrochemicals.  A 2012 CKD study in Sri Lanka found two toxic metals, cadmium from fertilizers and arsenic from pesticides, in the blood of farm workers in rice fields who suffered from kidney disease. WHO experts suggest that continuous exposure to these metals could explain the elevated levels of CKD in Nicaragua and El Salvador.

Meanwhile, Ramon Vanegas, director of a dialysis center in Managua, said that Nicaragua does not have the capacity to treat all the cases of chronic kidney disease in the country.  Vanegas, who on Feb. 5 marked the first anniversary of his clinic, said that while “kidney disease occurs in all parts of the world, it occurs more in poor countries where the demand for dialysis is greater than the supply.”  He emphasized that the alternative is prevention.  (Radio La Primerisima, Feb. 8; El Nuevo Diario, Feb. 6)

5. Universities adding career paths to qualify students for Grand Canal work

The National Council of Universities (CNU) announced that Nicaragua’s 50 public and private universities and university branches will initiate courses this year to educate “highly qualified” personnel to work for the “Grand Canal”. The Grand Canal is an inter-oceanic shipping canal megaproject which will connect the Pacific Ocean and Caribbean Sea with a deeper and wider alternative to the Panama Canal. The project also includes a railroad, two deep water ports, airports and free trade zones. President Daniel Ortega has said construction will begin by the end of 2014 if feasibility and environmental impact studies support its construction. The CNU announced that it will work to prepare Nicaraguan university students for jobs building and operating the canal and in social and economic areas where the canal will create changes. Areas include project management, oceanic studies, tourism, and agriculture, among others.  The European Union announced that it will support the effort with a US$20.4 million grant to strengthen technical and professional education, and the CNU is looking into partnering with universities in Panama, Spain, and Italy. The canal and associated projects are projected to cost US$40 billion. (El Nuevo Diario, Feb. 6; Informe Pastran, Feb. 6; La Prensa, Feb. 5)

6. School year begins “on a good footing”

Marlon Siu, the newly appointed vice-minister of education, said that the new school year began on Monday, Feb. 10, with one million students registered and the expectation that 600,000 more will sign up before the registration period ends in rural areas at the end of March.  “We are going at a good pace and we are optimistic that we will even exceed our goals at some of the levels,” he said.  Education Minister Miriam Raudez said that this year special attention was being given to continuing education in rural areas and that the extension of the registration period until the end of March in those areas would allow adolescents and young adults to finish working in the coffee, tobacco, and other harvests before returning to school.

The Education Ministry also announced that it is moving forward with the training of more than 4,000 public secondary school teachers without degrees.  Taking part are all the branches of the National Autonomous University of Nicaragua (UNAN) as well as the branches of the University of the Autonomous Regions of the Caribbean Coast of Nicaragua (URACCAN).  Telemaco Talavera, president of the National Council of Universities, said that of the 4,000 teachers participating in the program, 800 are from the Caribbean region of the country.  (Informe Pastran, Feb. 10; Radio La Primerisima, Feb. 6)

7. Army thwarts Bosawas land invaders

The Army’s Ecological Battalion thwarted three invasions of indigenous land in the Bosawas Nature Preserve this past Tuesday. They seized the vehicles at two traffic check points and returned the 27 people from three families to their places of origin. One vehicle, traveling in the direction of Kukalaya at night, held 14 head of cattle, a horse and a mule in addition to five adults and two children. The people were returned to Mulukuku. Another vehicle transporting 10 cattle, three horses, and 11 people was stopped and the people were returned to Boaco. The third vehicle carried 13 cattle, a horse and 11 people from Wilicon in Rio Blanco heading to Miranda in the municipality of Bonanza.  As reported in recent News Bulletins, indigenous communities with communal title to land in Nicaragua’s largest nature preserve, are demanding that the government crack down on illegal mestizo colonizers who are deforesting the preserve primarily for cattle ranching. Recently four land traffickers were arrested and will be tried for illegally selling property in the Bosawas to would-be peasant colonizers. (El Nuevo Diario, Feb. 8)

8. Drought resistant seeds increase yields in Esteli

Drought resistant corn and bean seeds introduced by the government in the department of Esteli, as well as training in new environment-friendly farming methods for small and medium scale agricultural producers, have produced much greater yields in corn and beans in the last two planting cycles, according to Jose Angel Rugama, Esteli regional delegate of the Ministry of Agriculture and Forestry. Farmers in Esteli harvested 300,000 hundredweights of beans whereas in earlier agricultural cycles they have harvested about 240,000 hundredweights. Yields using the new seeds and methods rose to 15-17 hundredweights per manzana (1.74 acres) from previous yields of about 12 hundredweights per manzana for red beans.  Corn yielded 28 hundredweights per manzana. Esteli produces 18% of the national production of basic grains, most of which are consumed nationally.  45,000 manzanas of land are devoted to basic grain and vegetable production in the department. Of that, 20,000 are planted to red beans and 3,000 acres are devoted to growing black beans for export to Mexico and Venezuela. (El Nuevo Diario, Feb. 6)