Nicaragua Network

1. World Court hears arguments from Costa Rica and Nicaragua
2. New M&R poll released
3. Nicaragua must adapt to higher temperatures
4. Education briefs
5. Fishing production increases; government organizes cooperatives
6. Nicaragua takes out disaster insurance

1. World Court hears arguments from Costa Rica and Nicaragua

Between April 14 and May 1, the International Court of Justice at The Hague (World Court) is hearing arguments from Costa Rica and Nicaragua about two separate but related claims that concern the San Juan River. Nicaragua has sovereignty over the river but Costa Rica has navigation rights. Foreign Minister Manuel Gonzalez heads the Costa Rican delegation while Carlos Argüello, Nicaragua’s ambassador to the Netherlands and representative before the Court, heads the Nicaraguan delegation.

The first claim, introduced by Costa Rica in 2010, accused Nicaragua of invasion of its territory by dredging a channel at the mouth of the river in an area claimed by both countries. Nicaragua introduced a claim at the end of 2011 accusing Costa Rica of causing serious environmental damage to its territory by building a 120 km long highway along the southern bank of the river. The Court has twice issued precautionary measures ordering both sides to stay out of the area in dispute and ordering Nicaragua to cease the dredging of two channels. Both countries have said that they will accept the final ruling of the Court, expected by the end of this year.

Costa Rica began arguments on Apr. 14 with Edgar Ugalde accusing Nicaragua of invading its territory at Isla Portillos, which Nicaragua calls Harbour Head, by dredging a channel in 2010. The three square kilometer triangle of land at the mouth of the river where the dredging took place is part of a wetland protected under International Ramsar Convention. Ugalde said that the dredging violated the 1858 Cañas-Jerez Treaty and was done with the “precise intention of … amputating a part of Costa Rican territory.” The next day, Costa Rica continued by saying that Nicaragua had violated its navigation rights, keeping Costa Rican citizens from freely circulating on the river. The Costa Rican lawyer, Katherine Del Mar, also said that Costa Rica had had to construct a dike earlier this month to close a channel opened by Nicaragua at Isla Portillos [Harbour Head] in order to prevent “irreparable damage” to the wetland.

Nicaragua’s case was presented on Apr. 16 and 17 by Carlos Argüello and Paul Reichler. Argüello said that Costa Rica had been unable to prove that the dredging of the river by Nicaragua had caused any damage to its territory. Argüello said that even the expert testifying for Costa Rica, Prof. Colin Thorne, had said that damage would only occur if Nicaragua amplified considerably its dredging program which Nicaragua does not intend to do. Argüello said that, because of normal changes in the course of the river, demarcation needs to take place along nearly its entire length.

Argüello explained that the border was established by the 1858 treaty and clarified by the 1888 Cleveland arbitration award and the five Alexander arbitration rulings between 1897 and 1900.  He stated that Gen. E.P. Alexander, in his 1897 ruling, said that after it reached the lagoon the border would follow the shore until reaching river proper “by the first channel encountered”.  It is that channel which Argüello said Nicaragua dredged in 2010. The Alexander ruling also said that the river’s course would necessarily see changes over the long term and even sudden changes caused by storms and hurricanes and insisted that “the impact of each one of these can only be determined by the circumstances case by case.” Argüello noted that this inspection on the ground has not taken place. He noted that the 1888 Cleveland arbitration award made clear Nicaragua’s right to keep the river navigable and even to improve it. He said that one of the reasons that dredging has to be carried out is that on the Costa Rican side of the river the forest has been cleared for farming and ranching causing sediment to fall into the river while the rain forest has been preserved on the Nicaraguan side.

Paul Reichler [who was also part of Nicaragua’s case against the US in 1986] said on Friday that Nicaragua’s dredging of the river had as its objectives the preservation of the environment of the river and maintenance of navigation on it. He said that Costa Rica presented documents showing a lessening in the flow of water in the Colorado River (which drains some water from the San Juan into Costa Rica) and also in the San Juan itself but did not show that this diminution was caused by actions taken by Nicaragua. In fact, he said, Nicaragua has taken its dredging actions precisely in order to preserve navigation in the river. A study by Costa Rica’s expert Thorne noted that “maintaining navigation in the San Juan River requires dredging” and Reichler stated that was Nicaragua’s objective.

Arguments continued on Monday, Apr. 20 with Paul Reichler presenting Nicaragua’s argument alleging environmental damage from the road built by Costa Rica along the southern bank of the river. He said that there were three serious problems with the road: 1) bridges along the road were not built in the normal way but rather constructed cheaply and dangerously from shipping containers; 2) inclines in the road are unstable because the earth is not compact resulting in landslides; and, 3) there is not an appropriate drainage system. He noted that Costa Rica admitted the problems and in 2013 said that they would be fixed; however, the improvements were halfhearted. He said that the road has disintegrated much faster than the Costa Ricans anticipated and that only a World Court ruling that the road be moved away from the banks of the river and that it comply with international quality standards will resolve the issue. Arguments continue through the end of this week. (El Nuevo Diario, Apr. 13, 17; Informe Pastran, Apr. 14, 16, 17; La Prensa 15, 17; Radio La Primerisima, Apr. 17, 20)

2. New M&R poll released

On Apr. 15, the polling firm M&R Consultores released its latest survey. The survey was carried out between Mar. 17 and 30 and has a confidence level of 95% and a margin of error of 2.41%. Of the 1,721 people polled, 447 were from Managua, 189 from the western part of the country, 386 from the north, 265 from the southeast, 297 from the center of the country and 137 from the Caribbean Coast.

Of those surveyed, 55.1% identified with the Sandinista Party (FSLN) while 37.8% said they were independent and 7.1% sympathized with one of the opposition parties. Some political figures doubted these numbers and said that they did not truly reflect public opinion. Edipcia Dubon, a National Assembly Deputy from the Sandinista Renovation Movement, said that the people on the street are afraid to tell the truth about how they think. However, Alfredo Cesar, president of the Conservative Party, said that the news is not all bad noting that if you add together the independents and the opposition you have 45% of Nicaraguans who do not support the government of President Daniel Ortega. He added, “What the opposition must seek is the support of that 45% that is close to being won but which obviously requires unity and primaries to select the candidates.”  However, the opposition might find that difficult as the poll also showed that 77.4% of those of all political alignments believe that the country has progressed under Ortega and 71.9% approve of his economic management while only 17.6% disapprove. And among the findings were 77.8% of those surveyed who classified the performance of the country’s political opposition as “very bad” while 54.33% felt that the opposition should work to support conditions that give stability to the country and increase investment in Nicaragua.

Several questions in the poll asked about the new Family Code which recently went into effect and which prohibits physical punishment of children. The survey indicated that while 78.6% were not aware of the changes in the law, 88.8% considered that parents had the right to hit their children while only 11.2% said that they did not have that right. At the same time 84.4% said that teachers did not have the right to hit the children in their classes.

The new poll showed that First Lady and government spokeswoman Rosario Murillo had the highest approval ratings with 83.1% indicating approval while only 10.5% indicated disapproval. She was followed by her husband, President Ortega, with77% approval and 10.6% disapproval. Aminta Granera, head of the National Police, was third with 70.7% approval and 4.9% disapproval.  The poll showed continued high ratings for the National Police with 81.7% giving them a positive evaluation and 17% negative. Positive ratings rose by 18% since the December poll but negatives rose as well by 9.3%. Rated most highly were the women’s police stations, the fight against crime and drug trafficking, and work with youth to keep them from gangs and delinquency. 

In other results, 75.4% said that the country’s principal problems were economic with 28.1% choosing unemployment as their top issue; 22.8% said that it was poverty; and 21.7% noted rising prices for basic goods and services. With relation to the inter-oceanic shipping canal, 71.5% felt that it is a serious project if the feasibility studies come out positive (down from 74.1% in December); 12.6% believe that it is a dream; and 8% say it is pure publicity.  In terms of support for the canal, 63.3% approve totally; 19.8% approve somewhat; while 16.4% disapprove totally.  (El Nuevo Diario, Apr. 15, 17; Informe Pastran, Apr. 15, 17; Radio La Primerisima, Apr. 15)

3. Nicaragua must adapt to higher temperatures

Jose Antonio Milan, advisor to the Nicaraguan Institute for Territorial Studies (INETER) stated that Nicaragua must adapt to higher temperatures caused by climate change and that the heat is an “irreversible and unequivocal phenomenon.” He said that increased temperatures were not an effect of actions in Nicaragua but “a consequence of influences by other countries that generate great quantities of greenhouse gas emissions.” March 2015 was the hottest around the world since records began being kept in 1880 and average surface and ocean temperatures are nearly one degree Celsius higher than in the twentieth century. Milan advised that Nicaragua adapt to higher temperatures by protecting its soil and water resources, producing higher yields on less acreage, and not further degrading its forests. INETER has warned that temperatures registered in Nicaragua of 35C (95F) would in some cases rise even higher to 39C (102F). March and April are the hottest months of the year in Nicaragua. Temperatures begin to fall in mid-May with the approaching rainy season, according to INETER historical data. (El Nuevo Diario, Apr. 20)

4. Education briefs

The Ministry of Education reported that 1.7 million children, adolescents and adults registered for classes in the current school year that began in February. That includes 550,000 students in regular high school and adult secondary classes; 984,383 students in regular elementary schools and adult primary education classes, and 257, 331 in preschool. On top of those numbers, 27,700 people are taking literacy classes. The inclusion of over-age students in the numbers is part of the government’s program to universalize primary education in the “Battle for the Sixth Grade” and expand secondary and technical education to rural areas around the country. This year’s figures show an increase of 56,915 students in the primary grades over last year. Government spokeswoman Rosario Murillo announced that the second distribution of food for school meal programs around the country would take place beginning April 21 with more than 200,000 hundredweights of food going to preschool, primary, and secondary schools.  (La Prensa, Apr. 18; Informe Pastran, Apr. 17)

Twenty-three Nicaraguan students are completing their courses and defending their master’s theses at the National Autonomous University in Leon as part of the ALBA education project with the participation of professors from Cuba, Venezuela and Nicaragua. These students will receive a Master’s Degree in Comparative Education and twenty-two more students will complete their studies in September. ALBA countries agreed to promote an academic initiative that would permit expert researchers to study regional educational transformations and share findings. Similar courses will conclude in June of this year in Venezuela and in 2016 in Cuba. (Radio La Primerisima, Apr. 20)

The Ministry of Education (MINED) was the ministry with the worst record for completing projects last year, according to the Treasury Ministry. Only 67.2% of funds destined for the building and repair of schools and other projects was spent. In comparison, the Ministry of Health disbursed 94.5% of its funding and the Water and Sewer Administration figure was 99.3%. Opposition National Assembly Deputy Enrique Saenz said that those “who pay the price for this incompetence and lack of transparency are the Nicaraguan children and adolescents who have to go to school without drinking water or toilets, with roofs or walls in bad condition, and with shortages of blackboards and desks.” (La Prensa, Apr. 17)

On the other hand, government spokeswoman Rosario Murillo launched a campaign for students and teachers to take care of schools where improvements have been made. She told Channel 4 television that every time the government finished new bathrooms at a school, one week later they were damaged and out of order. “This is a threat to the health of the children and young people who study at these centers,” she stated adding that this cultural difficulty must be confronted and all, especially student organizations, should assume responsibility for taking care of the facilities so essential to their health. She also announced the opening of new classrooms this week in El Cua in the Department of Jinotega.  (Radio La Primerisima, Apr. 17)

5. Fishing production increases; government organizes cooperatives

Nicaragua expects to increase fishing production by 6% in 2015 for a total of 114.4 million pounds, according to the government. It projects exports valued at US$318.7 million, a 4% increase over last year. Part of the increase is from exploiting new products as well as increased production of farmed fish. The increase is also projected because new markets are being developed in China, Japan, Singapore, Taiwan, and Vietnam. The one variable in the projection is whether the El Niño phenomenon will affect yield.  In 2014 cultivated shrimp, lobster, sea fish and wild shrimp represented 70% of fishing exports.

In Masachapa, the government is providing support for the development of three fishing cooperatives called “Powerful Women”, “September 2^nd”, and “Masachapa”. It has provided training to more than 2,000 artisanal fishers. Technical Assistant and Trainer Javier Huerta of the Institute for Promotion and Development of Fisheries (INPESCA) said, “INPESCA gives technical assistance and advice in terms of fishing banks, handling fishery products, processing fishery products, designing of new products including filleting, fish cakes, and fish sticks.”   It also advises the operators of the 24 fishing boats owned by the cooperatives on responsible and environmentally friendly operation. Huerta said, “This is a job we have throughout the country; persuading them not to fish with explosives so as not to lose this resource.”

Eduardo Gutierrez, president of the September 2^nd cooperative said, “INPESCA organized us. We work hand in hand. One of the requirements is product quality. We take care that the fish not be damaged in the nets, refrigerate it, and don’t skin it.” Mercedes del Socorro Hernandez said she and the other 35 members of Powerful Women were happy with the support they have received from the Sandinista government. “We have gone forward as women with the Zero Usury Program. We had never been organized, but the Sandinista government organized us and is still supporting us with training,” Hernandez said. Hernandez added that she has been in the fish business for 35 years, but it has not been until now, with the help of INPESCA, that she is selling about 300 pounds of fish a day. (El Nuevo Diario, Apr. 19; Radio La Primerisima, Apr. 16)

6. Nicaragua takes out disaster insurance

Nicaragua is the first country in Central America to join the Mechanism of Insurance Against Catastrophic Risks. “This policy will allow us to strengthen the financial resilience of the government disaster response and continue our efforts to respond to the challenges of climate change in the framework of the National Plan for Human Development,” according to Minister of Finance Ivan Acosta.  According to the World Bank, nine countries in Central America and the Caribbean have suffered natural disasters with damage that exceeded 50% of their Gross Domestic Product since 1980. This disaster insurance is the first of its kind to insure countries against natural disasters. Sixteen Caribbean countries are already members and the fund has disbursed US$35.6 million to eight countries that were among the first to join. Other Central American countries are expected to join in 2015-2016. (Radio La Primerisima, Apr. 19; El Nuevo Diario, Apr. 19)