News
Juvenile Justice Reform Takes Center Stage in Nicaragua
In recent weeks, controversial reform suggestions to Nicaragua’s Juvenile Criminal Code have sparked widespread protests and marches throughout the country. Some sectors of society believe that reforms in response to rising violence should increase incarceration time for minors who commit violent crimes. Others recommend alternatives to incarceration, such as rehabilitation and reintegration. Read more »»
Juvenile Justice Study to Inform Reform Efforts in Nicaragua and Belize
Juvenile defendants are entitled to special protections against deprivation of liberty, but in Nicaragua and Belize, as in many countries, the criminal justice system struggles to adequately protect the special needs and rights of juvenile offenders. According to Giovanny Campos, a Nicaraguan attorney working with the ABA Rule of Law Initiative (ABA ROLI), many Nicaraguans perceive that current laws allow impunity for juvenile offenders. Read more »»
New Central American Programs Focus on Regional Security
With the recent launch of new country programs in Belize, Guatemala and Nicaragua, the ABA Rule of Law Initiative (ABA ROLI) now implements rule of law programs in four of Central America’s seven countries. These new programs, funded by the U.S. Department of State’s Bureau for International Narcotics and Law Enforcement Affairs, support the Central America Regional Security Initiative (CARSI), a $165 million assistance package to address persistent challenges to the region’s security. Read more »»
Programs
Criminal Law Reform and Anti-Human Trafficking
The ABA Rule of Law Initiative’s (ABA ROLI’s) upcoming Juvenile Justice Program will support the Nicaraguan justice sector in developing a strategic plan for juvenile justice procedure, post-prison rehabilitation and reintegration.
The program will focus on combating recidivism, especially among juveniles accused of minor crimes that overwhelm the justice system and distract from major offenses. It aims to tackle juvenile delinquency by preventing offences, resocializing and reintegrating offenders, and by helping victims.
Legal Profession Reform
In June 2006, the ABA Rule of Law Initiative (ABA ROLI) began promoting legal reforms in Nicaragua to bring the country’s commercial law sector into compliance with the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA). Under the U.S. Agency for International Development-supported program, which ended in September 2007, ABA ROLI worked with Nicaraguan business attorneys, legislators and government officials in three areas:
1) Competition law reform
ABA ROLI supported Nicaraguan legislators to draft a revised competition law that is compliant with DR-CAFTA. Leading competition lawyers from the U.S. and Mexico reviewed the country’s competition law and suggested changes. The resulting comprehensive draft was subsequently passed into law.
2) Strengthening mediation
As part of the effort to encourage legal changes that support DR-CAFTA, ABA ROLI worked with Nicaraguan businesses to enhance commercial mediation. The project provided training in DR-CAFTA’s dispute resolution provisions and basic training in commercial mediation. The training focused on commercial mediation to promote speedy and less controversial resolutions to commercial disputes. ABA ROLI formed an advisory committee of in-country experts and held week-long trainings for 50 mediation center operators to improve their handling of commercial cases and to help them follow standardized hiring and center-operating procedures.
3) Strengthening arbitration
ABA ROLI brought select Nicaraguan arbitration experts to the U.S. for trainings in international arbitration law and procedure. The trainings also addressed arbitration-related advocacy skills. The trainings were meant to enhance the capacity of Nicaraguan government and businesses to participate in international arbitration proceedings.
Background
Nicaragua is one of the Western Hemisphere’s poorest countries, with low per capita income, waning socio-economic indicators and huge debt. Approximately 50% of Nicaraguan households live below the poverty line, and income disparity in Nicaragua ranks among the world’s worst. Poverty and disparity add to a political and civic climate affected by corruption, violence and drug-related crime.
Due to the worsening security climate, and despite many efforts to strengthen the administration of justice over the last decade, Nicaragua continues to face challenges in advancing justice sector reform.
Attention has recently been focused on the nation’s youngest and most vulnerable members of society. Because of the absence of adequate social welfare responses in Nicaragua, the country’s criminal justice system is often used to warehouse homeless children, whether they have committed a crime or not. In addition, the stark reality of poverty and limited opportunities has left Nicaraguan youth vulnerable to the illicit path of drugs and crime.
