From: Christic Institute <christic@igc.apc.org>
Subject: SEXUAL LIBERTIES - NICARAGURA
Followup-To: alt.activism.d
Originator: daemon@pencil.cs.missouri.edu
Organization: ?
Date: Wed, 30 Sep 1992 01:28:06 GMT

/* Written  5:14 pm  Sep 29, 1992 by codehuca in cdp:carnet.alerts */
/* ---------- "SEXUAL LIBERTIES - NICARAGURA" ---------- */
CODEHUCA (Comision para la defensa de los derechos humanos en
Centro-America) has translated the following communique, that we
received from a number of different organizations in Nicaragua,
concerning sexual orientation issues, issues of sexual violence
against women and girls, and a conservative backlash against gays
and lesbians. 

Nicaragua is known internationally for the U.S.-contra war against
the people of Nicaragua and the former government. It is more
recently known for the dire economic situation, resultant
violations of economic, social and cultural rights, and the
witholding of loans by the U.S. government that are further sending
Nicaraguans into the spiral of poverty and violence.

We hope that readers will become involved in these 'less known'
human rights issue, that are taking place in the above mentioned
context.

                    A CAMPAIGN FOR SEXUALITY 
                       WITHOUT PREJUDICES

Dear readers:

1- We are writing to inform you about our campaign to abolish two
recent amendments to the Nicaraguan penal code regarding "sexual
offences", that were approved (law 150) recently by the National
Assembly in Nicaragua. The two articles are an outrage against the
integrity, dignity and liberty of Nicaraguan civilians.

Since June of this year we (the Women's Network for a Healthy
Sexuality and the Commission in favour of Homosexual/Lesbian Pride
- representing more than 25 groups, collectives, centers and many
individuals -) have been working to coordinate efforts around the
campaign for a "Sexuality Without Prejudices". 

2- One of the central elements in the campaign has been the
struggle against Article 204, which states (non-legal translation):
     '... Commits an offence of sodomy one who induces, promotes,
     spreads or practices, in a scandalous way, copulation ... a
     penalty of one to three years. When one of the persons who
     practices this offence, even in the private sector, has
     disciplinary power over the other person or has that person
     under his\her command, as a guardian, teacher, manager, warden
     or any other concept that implies authority or moral guidance,
     ... will be applied the penalty of illegal seduction, as the
     only responsible party.'

This article violates the most elemental human rights concerning
equality of treatment, non-discrimination in treatment, as well as
the Constitution of the Republic. The ambiguous way it is written
(let alone its discriminatory content) leaves open the possibility
for indiscriminate persecution against homosexuals, lesbians, bi-
sexuals, or any person working in communication, journalism,
education, cultural or artistic work who speaks out about these
issues.

3- The same Law also includes an Article regarding parenthood of
those born as result of rape. Article 208 (non-legal translation):
     'Persons responsible for offences such as rape and
     illegitemate seduction will be considered the parent of the
     offspring that is born of the offended woman for the purposes
     of succession rights, maintenance and support, only when the
     offended woman so requests and when the birth happens after
     180 days and within 300 days after the date of the commission
     of the offence....'

This 'reform' to the penal code is a cynical and rude insult to
women victims of rape. Given that abortion, even in the cases of
rape, is a criminal offence in Nicaragua, this Article effectively
obliges a pregnant woman, victim of rape, to resort to clandestine
and usually dangerous abortion procedures, or, in the alternative,
to maintain some sort of permanent relation with the rapist who
will have obligations with respect to the child.

We consider that in the first place the raped woman must have the
right to decide whether or not she wants to keep the unwanted
pregnancy, being the result of rape. 

On the other hand, we ask ourselves: when the convicted rapist will
stay in prison during 15 or 20 years (this begs the question of the
case will even get to trial, or if so, if the charges against the
rapist will be successful) how will he be able to provide
maintenance to his victim and the child? 

At any rate, considering that it is the State that is obliging the
woman to give birth, it should be the State that guarantees such
maintenance and support, so that the woman does not have to
maintain contact with the rapist.

4- Initially, we sent our objections to the President of the
Republic, with the idea that the President would veto the mentioned
Articles 204 and 208. Meetings were requested. There was a
gathering at the Presidential Building, during which activity more
than 4,000 gathered signatures were presented. Several groups,
human rights organizations, personalities and national and
international politicians have sent letters manifesting their
concern about the implications of these 'reforms'.

Amnesty International sent a letter to the President stating their
concern that the Article (translation): 'seems to be directed
towards criminalizing the expression of homosexual identity in a
very broad way, which might lead to  violations of fundamental
human rights'. 

Amnesty went on to express the fear that there is no guarantee that
the Article will not be applied to imprison a person: 'for
advocating without violence homosexual rights, nor for realizing
homosexual acts in private with an adult person and with the full
consent of the adult person, who freely and with full consent....' 

Prisoners of conscience - Amnesty International requested the
unconditional release of any person imprisoned for reasons stated
in the 'reforms' to the penal code, and Amnesty will consider them
prisoners of conscience.

In spite of all our efforts we were not allowed to meet directly
with the President. Finally, without the media's knowledge, on 8
July 1992, Law 150 of the Reforms of the Penal Code was signed.

This 'reform' law 150 has not been published yet in any media, nor
in the official newspaper The Gazette. Therefore 'legally' it
should not yet be in effect. We have received information that the
National Assembly Commission that introduced this 'reform' law 150
(the Commission for Women, Childhood, Youth and Family) has the
intention to introduce another proposal to reform the Code in the
next legislative session.

In our opinion this intention is the result of the pressure we have
exercised, with the support of many people, groups, nationally and
internationally. The deputees of the National Assembly are
conscious that once the Law is published there are 60 days to
appeal, before the Supreme Court of Justice, the constitutionality
of the law. We have made our intention known to introduce such an
Appeal if the Law is published and comes into operation.
                 
We want to use this opportunity to pressure the above mentioned
Commission of the National Assembly. We are preparing a proposal to
abolish Article 204. We intend to meet with this Commission to
discuss the case and to convince the deputees to take up the
struggle. Regarding Article 208 we are analizing the strategy that
should be used and the most feasible legal ways to obtain its
modification.

At the same time we continue the education and publicity campaign
to influence public opinion and to make the population aware of the
dangers of these Articles. We are publishing statements in the
newspapers and using spots at the radio.

To make this campaign a success we need to keep the pressure up, at
a national level and internationally. We want to use this
opportunity to thank you for the support we already received, and
to inform you about what we need.

The support we are requesting from groups, centers and
organizations - nationally and internationally - are the following:

-    Donations to finance legal actions and the education-publicity
     campaign. Every contribution is valid, necessary and
     appreciated.
-    Letters, telegrams and faxes to support the efforts to abolish
     the Articles 204 and 208 of the Law 150. 

The letters and telegrams should be sent to: i- Dra. Azucena
Ferrey, President of the "Comisi"n de la Mujer, Ni$ez, Juventud y
Familia", Asamblea Nacional, Managua, Nicaragua; ii- Presidente
Violeta Chamorro, Casa Presidencial, Managua, Nicaragua; 
      
Thank you very much. Please send a copy to us of anything you do:
Fax (505)-2-627912 or 24098. For more information, contact 'Puntos
de Encuentro', t-(505)-5-663820, f-(505)-5-24098.

Contacts in CODEHUCA - Marjoleine Motz and Grahame Russell, A.P.
189-1002, San Jose, Costa Rica, t-(506) 245970, f-(506) 342935.
Newsgroups: misc.activism.progressive