René Mendoza Vidaurre, Mark Lester and Fabiola Zeledón
The unfaithful market
“Bring your coffee and I will pay you 100 córdobas more per quintal than that coyote that is circling you”, Carmelón the trader said by cell phone. Pedro weighed his coffee before leaving on the bus, it weighed 3 quintals. Now in town, Carmelón put the three sacks on the scale and it weighed 2.3 quintals! He paid him 2990 córdobas, at 1300 per quintal. Pedro left dazed: in his own village they were offering him 3600, at 1200/qq; and he would have saved the cost of the transportation and the lost day. He arrived home with a headache. “What is bothering you?”, asked his wife, Julita. “Carmelón cheated me,” he responded angrily. Ah Pedrín, you know very well that the market is like a lover, you cannot demand that it be faithful. Pedrín felt like the earth opened up in front of him, how right his beloved was!
The market is like a lover, you cannot demand that it be faithful“. If it does not cheat you with the price it does it through the weight, if not, it tells you that your sun-dried coffee is wet, and if not that, it tells you to “wait on me.” Price, weight, and quality are structural challenges that can be resolved if people organize into a cooperative. But it is not automatic, most cooperatives are taken over by elites who turn their backs on their members, and turn into traders dressed up as “cooperatives”. Ah, but when the members of a community organize and the organs of their cooperative function, in that community they reduce violence, generate more equality and peace – this is what Esterlina Talavera says, from the 13th of October Cooperative in San Antonio: “In these cooperatives where only one person is in charge, one is not worth anything; in this cooperative, where the assembly is in charge, there I feel like I do have value.” If importers, roasters and sellers of ground coffee in the United States and Europe work with those corrupt cooperatives, they instead sow violence in peasant communities, like what happens with traditional mediation connected to big corporations, but if they work with democratic cooperatives, they support peace with justice.
Under what conditions can small producers, women and men, and small roasters and coffee sellers build communities of peace between rural areas of Central America and consumers in the United States and Europe? Responding to this question in this article, we see that markets can become “faithful” to the challenge of making peace with justice.
1. Perspective and ways of riding the markets
With Mark Lester´s visit to 50 importers and roasters in the United States, we discovered similar perspectives on both sides of the ocean: buyers and producers. He met with roasters who buy from 6 sacks of coffee a year to those who bought containers of coffee; there are peasant families also who produce 4 quintals of export coffee to those who produce 100 or 150 quintals of export coffee. In the face of this situation, there are importers who connect these two worlds: they import coffee in lots in one containers for roasters who want lots of a smaller size than that of a container; they are lots that come from 3 or 5 producers with the same coffee profile, possible through the grassroots cooperatives (1st tier).
He learned that roasters ask for samples of coffee to be able to express their interest in buying; some cup and define their own cup profile, and others ask the importer to define their cup profile; generally they are looking for a score above 82, because they think that is the way that they can differentiate themselves and compete in the face of large corporations whose costs are less because of their economies of scale. The cooperative sends the sample, indicates the volume of coffee that it offers from that sample, and the roaster responds whether they are interested in that coffee or not; as a sign of loyalty, the cooperative does not sell the volume it offered with the sample until the roaster has responded, to do so would be behaving as an “occasional lover”; the roaster or importer responds as quickly as possible, to not do so would be to behave like a “lover”. The roasters prefer lasting connections, it does not work out to each year have a new seller of coffee, because they want to maintain their cup profile; the cooperative also wants to have lasting relationships, especially if the buyer pays them based on quality and there is good deal; this implies that the cooperative also is loyal to its members, only collects their coffee, and thus maintains the same cup profile that it agreed upon with its buyer. It is a loyalty among several actors who revolve around coffee.
Mark found roasters and importers concerned about the sustainability of their enterprises and that of the coffee growing peasant families. If the peasantry with less than 5 hectares of coffee goes broke, the coffee is left in the hands of large mono-cropping enterprises, thus the quality of the coffee would drop because they are committed to varieties that produce volume and they grow them in full sun. This is not helpful to the buyers nor to the peasants. So from both sides of the ocean they want peasant families to increase their productivity (more and better coffee per hectare), and importers and roasters process more coffee in the same physical space. Both sides of the ocean also want diversification and the commitment to coffee quality to lead them to increase their productivity, that diversification would also include sustainable practices with several crops and the agro-industrialization of products, roasters who diversify their markets; university communities that demand coffee from cooperatives…
2. Trust, the beginning of triangulation
Cultivating these described connections and commitments are not possible with conventional practices. Financial organizations provide credit requiring financial statements (indicating expenses and income) and balance statements (indicating assets of the cooperative versus its debts) from the cooperatives; but these in turn tend to hire accountants who “invent” their financial reports, while their members do not have access to that information, and if they do, the numerical chaos is incomprehensible to them. Financial organizations and buyers assume that on signing contracts with cooperatives, they actually are operating as cooperatives; at the same time it is seen that most of them do not redistribute their earnings, they treat their members as any intermediary would treat them; they are cooperatives whose members do not rotate in their posts, nor does their administrative staff rotate in accordance with their merits. So the aid organizations, on learning of these realities, turn a blind eye; thus, trust in people becomes trust in money on the part of a small global club.
Those connections and commitments can, nevertheless, be built based on trust if cooperatives function as cooperatives, if buyers and roasters treat them as cooperatives and not as if they were haciendas, connecting only with the manager or only with their president. How can trust be built? From the work of the Winds of Peace Foundation (WPF) with grassroots cooperatives and its contacts with buyers and roasters, we propose an inclusive triangulation.
Social banks, buyers and second tier cooperatives already practice triangulation, they sign contracts where the cooperative collects coffee with financing from the social banks, and the buyer pays the loan owed by the cooperative to the social bank. But it stays there, they are that club that turns a blind eye to the true functioning of the cooperative and its members. We take up that triangulation, buyers, financiers and cooperatives, but not with second tier cooperatives but with grassroots cooperatives (first tier); and we do not stay there, we do an inclusive triangulation, that implies that part of the contract stipulates the distribution of profits and information, that they be democratic and efficient organizations (that they lower costs), and work in sustainable agriculture. That this inclusive nature be verified by an accompaniment that helps the members govern their cooperatives, and that the transparency between buyers, roasters and cooperatives be reciprocal.
Being inclusive means that the member families coordinate among themselves to achieve a cup quality of 85, improving their soils, assuming the costs of sending coffee samples: not letting the market govern them, believing that it is only a matter of putting up money and moving coffee; it is that we work with members over the entire year and not just in the coffee harvest season, connecting small producers who organize into cooperatives with small roasters. If one actor acts as an opportunist, they damage the entirety of the coordination with the different actors, and they do damage to themselves. If the price in the market goes way up, the cooperatives prefer to stay in a lasting relationship; if the prices of the market go way down, the buyers prefer to stay in a lasting relationship. This is coordinating, trusting and being faithful.
3. Role of accompaniment
There are roasters aware of the fact that peasant families cannot improve their lives if they do not organize into cooperatives, and that is why they seek out healthy relationships with these cooperatives. There are importers who understand the importance of connecting small roasters with small producers who are organized into grassroots cooperatives. There are also foundations, like WPF, that accompany this process of triangulation.
In this role, WPF, in collaboration with a team from the COSERPROSS cooperative, accompanies the grassroots cooperatives, contacts importers and roasters, and because of its connections with Universities in the United States, works so that the triangulation reaches university communities.
Previously WPF did not play this role. It assumed that that role belonged to the cooperatives. But seeing that the cooperatives are being absorbed by structures that sow injustice, violence and environmental unsustainability, WPF took on new roles, of being a hinge in the relationships between cooperatives and buyers, helping to make transparent the agreements between the different actors. If previously WPF provided credit on the basis of bilateral trust with a cooperative, now it does it in the framework of an inclusive triangulation, precisely to build greater trust.
At the beginning of this article we asked ourselves about the conditions in which small producers and small roasters can build communities of peace. We provided three responses. First, small producers and roasters pursue common perspectives; perspectives that start from having similar size, committed to coffee quality, and social and environmental sustainability, innovating through diversification. Second, establishing relationships of an inclusive triangulation where the economic transaction goes along with the economic and organizational democratization of the cooperative and the other allied actors. Third, ongoing accompaniment of these perspectives and this inclusive triangulation.
Under these three conditions trust, mutual loyalty and lasting relationships can be built. This leads us to be concerned about the people. It is a perspective where Pedro and Julita, from the story at the beginning of the article, organized in a cooperative can collect their coffee harvest in their own communities. It is a path where markets can work to build communities of peace with justice, communities that plough the seas.
From time to time I have reproduced the writings of others at this blog site, because they have stated ideas so powerfully. I have elected to do it again, given the words written by Kathleen at the Center for Development in Central America (CDCA). Kathleen has been quoted here before because what is in her heart is so well said in her words. The following is excerpted from the CDCA May 2019 newsletter.
My mother has said over and over that one of the two things Jesus wished he had never said was, “The poor you will have with you always.” Why?
Because so many Christians use that phrase to justify pouring money into church buildings and doing nothing for the poor. But what if we re-examined that phrase, and instead of looking at it as meaning an impossible goal of eradicating poverty, look at that phrase as an indictment of the rich?
It is true that, “There is enough in the world for everyone’s need, but not enough for everyone’s greed,” a quote from Frank Buchman.
Staying with my daughter in the Northeast, it is easy to let the poor slip my mind. As she recuperate from surgery, my daughter is watching mindless television so she can crochet and heal. One of her shows is “Top Chef.” I have found it addictive but also, when I remember the poor in Nicaragua, nauseating.
In Nicaragua with climate change and with the socio-political crisis there, people are looking more and more at hunger. It is easy to forget that as the Top Chef judges say to a contestant that the prime rib was not plated to please the eye.
It is easy for the wealthy or the intellectual class in Nicaragua to create and foment a crisis when their children will be fed and given medical care or even schooling if a new government comes in and discontinues social programs.
It is easy to forget that people are sweating and bearing unbelievable heat when there is cool air at a touch. When you have food to eat and can jump in an air-conditioned car, it is easy not to feel the urgency that climate change should be our top priority (when diesel prices had dropped, one opposition leader said that the Nicaraguan government was doing the people a disservice by investing in renewable energy!).
A Brazilian priest, Frei Betto, helps those of us who would say we choose to stand with the poor by telling us that, “The head thinks where the feet stand.”
He says that, “It is impossible to be a leftist without dirtying one’s shoes in the soil where the people live, struggle, suffer, enjoy and celebrate their beliefs and victories. To engage in theory without practice is to play the game of the right.”
Many tell us that our opinion of what is happening in Nicaragua is just wrong, and maybe it is; but Fr. Betto also says, “Choose the risk of making mistakes with the poor over the pretension of being right without them.”
A significant announcement was made yesterday of a coalition of some 43 civil society organizations that includes university students, peasants, human rights activists, business sector, feminists, politicians and other movements, including the Civic Alliance for Justice and Democracy, which is organization that represented civil society in the National Dialogue. This manifesto represents another step in addressing the question of what the opposition to the current government is proposing as an alternative.
Blue and White National Unity Manifesto
National Unity for Justice and Democracy
The Ortega Murillo dictatorship, which has led Nicaragua into a grave human rights crisis violating the Constitution and the law, maintains itself only by violence and repression through police, paramilitary and shock forces, who have subjected the people to a massacre that up to now has produced more than 400 people murdered, more than three thousand wounded, an undetermined number of people disappeared, kidnapped, captured, tortured and criminalized, and more than 347,000 jobs lost.
The diverse and plural movements, organizations, social, political and economic forces that throughout the country have led the civic and pacific resistance to this authoritarian, corrupt, nepotistic and criminal government, we make public the establishment of the Blue and White National Unity, with which we begin a new stage of organization and mobilization for the conquest of freedom, justice and democracy.
The unity of all the forces is an imperative to continue and intensify the struggle that would lead to the departure of the dictatorship and the construction of the democracy that we aspire to. This unity marks a progression in the peaceful resistance of the citizenry, enhancing our capacities for planning, coordination, organization and implementation of protest actions, denouncement, as well as clear and resounding expressions about the fact that the majority of the Nicaraguan people reject the dictatorial and repressive regime that has committed crimes against humanity, for which those responsible will be judged.
An economic disaster is being experienced as the result of the repression of the regime, the most affected sectors are commerce, hotel and services (tourism), manufacturing and construction, affecting the weakest base of the pyramid. We take on as our own the commitment to its improvement, its reactivation and to return to grow again in numbers and quality of life. Not one job less, nor the loss of another life.
The principle objective of this Blue and White Unity is building a Nicaragua with democracy, freedom, justice, institutionality and respect for human rights. To achieve it, the quick departure from power of the Ortega Murillos through democratic means is indispensable.
Principles and Values
The country´s symbols unite us, particularly the blue and white flag.
Our struggle is civil and peaceful.
The peaceful resistance is led by the citizenry.
We maintain the commitment to freedom, justice, democracy, unhindered respect for human rights and the Rule of Law.
Transparency and honesty are the basis for the construction of trust.
Dialogue and negotiation are basic principles for the achievement of the objectives.
We accept respect for diversity and plurality of identities and non-discrimination.
Our relations are horizontal, without caudillos, nor vanguards.
We make use of democratic exercise and consensus in decision making in all areas of our work and at all levels.
Our desire is that Nicaragua might grow economically with equity and freedom.
A national dialogue to agree on terms and conditions for a democratic transition. We support the bishops of the Episcopal Conference of Nicaragua as mediators and witnesses: and the Civic Alliance for Justice and Democracy as representative of Nicaraguan society in that negotiation. We request the Organization of American States (OAS), the United Nations (UN) and th European Union (EU) to act as guarantors.
The immediate end to repression: threats, harassment, attacks, forced disappearances and displacements, abductions, captures, sexual violations, torture and murder of the citizenry that defends its rights.
Immediate freedom for the political prisoners, the end of the criminalization and trial of the right to protest, and the annulment of these trials, as well as redress for the victims of the people imprisoned.
Early municipal, regional and national elections in the short term, with a restructured Electoral Branch, and national and international observation that would ensure inclusive, plural, transparent and competitive elections. The legal and institutional changes will have to be done that would ensure this purpose and allow for the broad participation of political parties and electoral alliances with their own identity.
Respect for the freedom of association, mobilization and expression of the citizenry, as well as respect for the free exercise of independent journalism.
End to firings, intimidation and reprisals against the staff of state institutions, and they not be forced to carry out any partisan political activities.
End to government reprisals against police who refuse to carry out orders of repressing the citizenry in peaceful resistance to the dictatorship.
Actions of the Army in accordance with the functions established in the Constitution and respect for human rights.
Promotion of human and sustainable development.
End to aggression against the private sector and civil society organizations that are accused of practicing terrorism.
The Blue and White National Unity commits to promote and defend:
That there be no impunity for the crimes committed by the Ortega-Murillo regime, and that transitional justice be applied based on truth, justice, reparation and guaranty of no repetition. To contribute to this purpose the mandate of the International Group of Independent Experts of the IACHR should be expanded.
The implementation of the recommendations contained in the reports of the Interamerican Commission of Human Rights (IACHR) and the Office of the High Commissioner for Human Rights of the United Nations, as well as other reports that different organizations of the Interamerican and universal system might release.
Investigation, search for and identification of the forced disappearances, and redress for the victims.
Disarming and dissolution of the paramilitary bodies created by the Ortega-.Murillo regime and the destruction of the confiscated weapons.
Restructuring of the National Police and the purification of its leadership. Sanctions in accordance with the law of those officers and personnel that ordered and executed murders and all types of repressive actions against the citizenry. That the police who refused to repress the population be recognized.
Reinstatement of health and education professionals, and those from other State institutions who were fired for political reasons.
7,. Re-establishment of university autonomy; respect for the autonomy of the Caribbean Coast and indigenous and Afro descendent communities, and the municipalities.
Repeal of all the norms that violate national sovereignty and fundamental rights, like Law 840 for the construction of an interoceanic canal through Nicaragua.
A model of social and economic development that would promote free markets and social well being.
In coordination with diverse sectors, programs for inclusive economic reactivation for all the economic sectors of the country, and not just those allied with the regime.
Respect for private property.
Repatriation of those exiled for political and economic reasons.
Respect for fundamental freedoms and rights.
The history of Nicaragua has demonstrated the courage and the capacity of this people to defend their freedom. We unite under our blue and white flag to achieve the departure of the Ortega-Murillo dictatorship, and set the bases for a democratic, free and just Nicaragua for present and future generations.
This national unity will take shape in each territory of our geography, in the countryside and the cities, and is open to the diversity of actors that are taking on the principles of this Unity, are willing to contribute to the change that Nicaragua needs.
We recognize the support of the international community for the people of Nicaragua in the search for solutions to the grave social and political crisis. In particular we recognize the efforts made by the Organization of American States, the United Nations, and the European Union, and we call them to redouble their efforts for the defense of the human rights of the Nicaraguan people and the establishment of democracy,
An important issue in the current crisis in Nicaragua is the question of what would Nicaragua look like should Ortega leave, as the opposition demands. In recent weeks some important proposals have been developed to begin to respond to this question. The following was developed by mostly student groups calling themselves “Construimos Nicaragua” and was posted shortly after the independence holidays in Nicaragua, Sept 14-15.
We are Building Nicaragua
“We are Building Nicaragua” Program
This document is the draft of the Program of the Social and Political Movement called “WE ARE BUILDING NICARAGUA” which we submit to the consideration of the readers to open a public discussion among all social sectors on the urgent tasks that we need to promote for a real democratization of Nicaragua.
PROGRAM FOR THE DEMOCRATIZATION OF NICARAGUA: GIVE BACK TO THE PEOPLE THE RIGHT TO DECIDE!
The days of struggle, started in April 2018, are forging and consolidating a strong sense of collective national identity in favor of democratization and justice, as had not occurred in our nearly two centuries of independent history around fundamental symbols and values: the blue and white flag, inextricably linked to republican democracy, public liberties, citizen participation in the State affairs, a strong sense of social equity and true solidarity.
The democratic struggle started by the youth opened the possibility of rebuilding and re-founding our nation on the bases of democracy, justice and social equity. The enjoyment and exercise of public liberties, as well as absolute respect for citizen rights, should not depend ever again on the will or discretion of any government. We all the sectors of the people (youth, students, women, workers, peasants, indigenous, etc) need to recover our popular sovereignty to re-found a new Nicaragua, creating a Social and Democratic Rule of Law on new bases, that imply eradicating forever the use of violence, repression or intimidation by those in power for the purpose of remaining in it, or limiting and blocking the exercise of these freedoms and rights.
The fundamental decisions of Nicaragua should not be made by small oligarchies, but by the broad majorities of men and women through democratic and deliberative processes with all the information on the table, where the broadest sectors can participate.
So that our society might move from discretion and the arbitrary and personalized use of power, to a social interaction more and more regulated by laws, norms and policies that are implemented in a more impartial, transparent and impersonal way possible, that is, with the absence of discrimination and punishment for some, and privileges and “awards” for others.
Currently State institutions have lost their public character by being completely subordinated to partisan control and the discretional management of the rulers. It is urgent to begin the transition toward the new Nicaragua, where national public institutions exist that fulfill their function of providing public goods and services, and that are capable of ensuring confidence, security and certainty to economic agents and all the citizenry.
Nicaragua needs a radical democratic revolution that would build national public institutions that can keep themselves relatively isolated from the pressures of economic groups and those in power, be focused on effective, professional performance and their objectives and responsibilities, establishing mechanisms that would ensure transparency and accountability, and that would make citizen control possible over the institutions that administer power.
Within the framework of this context, we a group of youth, men and women from all social strata, have agreed to launch a new political organization called “WE ARE BUILDING NICARAGUA”, an inclusive, horizontal, democratic and progressive political movement for the purpose of promoting structural changes for the sustainable development of Nicaragua.
WE ARE BUILDING NICARAGUA is a social and political movement where all us Nicaraguans find the opportunity to voice our opinions and participate to achieve our political, economic, social, cultural and environmental aspirations.
The mission of WE ARE BUILDING NICARAGUA is to provide each Nicaraguan the opportunity to promote and defend their rights to achieve a full, just and prosperous life.
We present, then, our proposal for a political program that we submit to the consideration of the citizens for their study, critique and improvement, because only united will we be able to accomplish the immense task of democratizing Nicaragua for the benefit of the great majorities.
16 BASIC POINTS FOR FOUNDING THE NEW NICARAGUA
Free and Sovereign Constituent National Assembly
We men and women of WE ARE BUILDING NICARAGUA, many of us had not even been born during the time of the revolution, we think that the first thing that we should do is dismantle the status quo of the political power that was established in the last period, and that has roots in the institutions created during the process of the death of the revolution of 1979.
It requires returning sovereignty and decision making capacity to the people, in other words, the citizens. This elemental principle of democracy has been systematically denied in the history of Nicaragua. It requires profoundly reorganizing the State institutions. And this can only be achieved by repealing the Constitution of 1987 and its reforms, discussing and approving a new democratic Constitution, that would minimally bring together the issues that we discuss in what follows and that would bring the Nicaraguan State into the modernity of the XXI Century.
Limits to re-election for popularly elected officials
Re-election is not a problem of principles in democracy, everything depends on the political culture and the electoral system, whether it is sufficiently democratic to respect the popular will.
Nevertheless, this is a key discussion in Nicaragua, because the emergence of the dictatorships of José Santos Zelaya (1896-1909), Anastasio Somoza and his successors (1937-1979), as well as the new dictatorship of Daniel Ortega and Rosario Murillo (2007-2018) have been related to presidential re-election.
For this reason, and taking into consideration that a good government is not improvised, presidential re-election should only be permitted for a second period, so the new election becomes a plebiscite on the first mandate. Starting with the second period, there should be an absolute prohibition of presidential re-election, establishing iron clad clauses in the new Constitution that would prevent a third presidential period.
Likewise the deputies should only be elected for two consecutive periods. This same norm should be applied to mayors and council-members and the members of regional governments.
A new electoral system
A complete reform of the electoral system is needed, approving a new Electoral Law that would do away with the bipartisan system inherited from Somocism, and that served as a cover for installing a new dynastic dictatorship. A new Party and Political Association Law should be approved, which also should have constitutional standing, that would allow for the creation of groups, associations and political parties at the municipal, provincial, regional and national levels.
The obstacles created by the constitutional reform of 2000 should be ended, that demand a minimum of 4% for a party to maintain their legal status, because it limits the right to representation of minorities. The myth of dictatorships should be done away with, that only the traditional parties should exist. Democracy rests on the principle of diversity and the respect and protection of minorities.
But, above all, the monopoly of the political parties should be ended, that they are the only ones who can propose candidates. A new emphasis should be placed on the fact that citizens can run as candidates regardless of whether they are party members, in any type of election, including presidential elections, prioritizing the fact that youth, who have traditionally been marginated from political activity, might have a dominant role in the destiny of the country.
The election of deputies should be by provinces or districts, doing away with the election of national deputies. The right to proportional representation of minorities should be ensured, especially of indigenous, in every type of election.
The functions exercised by the Supreme Electoral Council (SEC) should be decentralized in different institutions (identity cards, parties and associations, organization of electoral processes, etc), completely reorganized, not just with the participation of the political parties, but civil society organizations, who should play a role of oversight and control.
Tbe new electoral system should include the partial or total renovation of the deputies of the National Assembly halfway through each presidential period. The dates for legislative elections should coincide with municipal and regional elections which should be held every two years, so that the elected officials might know that their posts will always depend on the assessment of their performance and the will of the electors.
To be a candidate for popular election they should be qualified and honest. In addition the 50/50 Law should be kept and respected that ensures the presence of women on electoral ballots which opens the doors for their participation in political decision making posts.
System for direct election and renovation of magistrates and of other high officials, under citizen control.
The citizens should be given back the capacity to elect and remove magistrates, as well as other high officials from other branches and institutions of the State. That vicious cycle should be ended where the executive branch proposes candidates for magistrates who end up being approved through agreements and negotiations among the deputies, who generally obey the interests of party leaders, who include them on the electoral lists, annulling the capacity of the citizens who elected them.
On establishing a percentage of votes of deputies to choose the magistrates, the problem is resolved through transactions or political pacts, turning the deputies into the principal electors, annulling the popular will. This type of indirect election makes possible the creation of political rings and castes, which are the negation of democracy.
It should be established that the holders of the executive branch, deputies, mayors, councilpersons, members of the regional governments, all popularly elected officials, are subject to the evaluation of the people through a recall referendum. In this way any popularly elected official, having finished a third of their mandate, and in the face of a petition for their removal signed by a certain number of citizens, those signers should have the capacity to call for elections in that specific case, so that it be the electors who decide if the official continues or not in their post.
Restructuring of the judicial branch
Democracy is, in the last instance, the governance of judges. These officials are the ones who decide on the freedom of people, the future of their assets and settle political conflicts. The one who controls the judicial power, controls the State and political power. That is why a profound reform and restructuring of the judicial system should be done. The magistrates, judges should be directly elected by the people, and submitted every two years, when intermediate elections are held, to the control of the citizenry.
The judicial profession should be submitted to periodic controls. Only the people through their vote can decide whether a judge continues in their post for one more period. The re-election of judges and magistrates should have a limit, no more than three periods, to open the way for the formation of new judges and magistrates.
A commission composed of recognized jurists and national and foreign academics should examine and review the curriculums of the aspirants, and they will be the candidates who would be subject to popular balloting. Political parties cannot campaign in favor of the candidates under pain of disqualification.
The Supreme Court of Justice (SCJ) should decentralize their functions, so that the administrative functions are not mixed with jurisdictional ones, and with those of control and sanctioning. Deputies cannot be candidates for judges or magistrates. It is a matter of building a new judicial branch that would supervise jointly with the citizenry the functioning of public administration and democracy.
Amparo [constitutional or administrative protection order] should not be an appeal but a judgement, as happens in Latin America. A Constitutional Tribunal should be created, whose magistrates will not obey political parties, but the mandate of the citizenry.
Ongoing fight against corruption
In Nicaragua corruption is an evil embedded in all the State institutions, and it has become part of the political culture: popularly elected posts and public service have been turned into ladders for illicit enrichment. That is why the fight against corruption should be ongoing and at every level. Corruption is one of the principal causes of the increase in poverty and social inequality. It is not possible to fight poverty without fighting corruption at the same time. Indeed corruption erodes and weakens democratic institutionality, annulling existing legality, promoting impunity and social chaos.
The existing laws for fighting corruption are not applied because the State institutions responsible for fighting it, like the Comptroller General of the Republic (CGR), the Attorney General of the Republic and the different tribunals of justice have been victims of the concentration of power phenomenon, which centralizes the mechanisms for the election of magistrates and other high officials solely on the deputies of the National Assembly, who are elected through the lists of the political parties who exercise a monopoly on popular representation.
The anti-corruption legislation should be modernized, administrative processes should be greatly simplified, a new law of State Purchasing and one for Conflict of Interest of Public Officials should be approved, establishing online bidding, so that everyone can see what is happening with prices and technical specifications, taking into consideration citizen participation at all levels, developing to the maximum electronic governance.
Transparency should become a new fundamental right, a key factor for strengthening social confidence and a sense of participation and co-responsibility in the construction of a shared destiny. Public information should never be managed as if it were private. The people have the right to know all the affairs, no matter how complicated they may seem. The officials who violate this principle of access to public information will be submitted to severe penal sanctions.
Likewise, the obligation should be established of all officials to be accountable to the general assembly of workers of the public sector with the participation of the citizenry every three months for spending, investments or purchases made. The result of these reports should be placed on the web page of the respective institutions.
In all State institutions an assembly of public servants should be organized to create citizen control commissions responsible for overseeing the implementation of the budget, plans for purchasing and bidding, with the legal faculties to file the corresponding charges. Those who make any denouncements will not be able to be fired nor will there be any administrative reprisals against them, unless it is shown that they had no basis.
The new constitution should establish the new principle that there is no immunity for crimes related to corruption. All assets obtained through acts of corruption or money laundering are imprescriptible, it is the obligation of the State to pursue them until they are recovered, trying and punishing those who are guilty. The officials punished for acts of corruption through a final judgement will be disbarred for life from running for public posts or providing public service, as well as prohibited from being a supplier of the State or contracting with Public Administration.
Professionalization and dignity of public service
A radical democratization is required so that workers in public administration never again are hired or fired based on their party affiliation or loyalty, but rather on the basis of their capacities and competency, and so that the career of civil service be respected.
The Civil Service Law should be governed by the principle of the merits and capacities of the applicants, we should eradicate the culture of sharing posts by pacts and political arrangements or by electoral quotas. Likewise they should promote reforms so that the youth can make a career in public service in a decent way and with facilities for access.
A fair tax system
The taxes of all Nicaraguans should not be used or diverted to enrich small groups, but should form part of the sacred national patrimony. Tax collection should be based on transparency, social control and the principle that the payment of taxes should be proportional to income. In this way society will have the resources needed to cover social spending and ensure the minimum functioning of democracy and the construction of a medium and long term national development plan that is able to transcend changes in government.
Incorporating new rights in the Constitution
Respect for human rights in Nicaragua will never be limited by any government, placing arguments of “national sovereignty” above the relevancy of international treaties on this matter.
New fundamental rights should be incorporated and applied, like Gender Equity, and other specific rights of women, that should be implemented in all the State institutions and at all levels of social life.
Likewise, basic income should be established in a progressive manner for people who are living in levels of poverty. It is the only way of ending the political patronage that does so much damage to democracy, and so that the State might protect in this way those most in need.
Nicaragua should be proclaimed as a Social and Democratic Rule of Law State, governed by fundamental rights, by the principle of absolute respect and equality under the law, the control of the citizenry in the affairs of the State, and the defense of the environment.
The right to rebellion or insurrection against dictatorial or dynastic governments should be recovered, as a fundamental essential right of Nicaraguans.
Likewise, new procedural guarantees should be reformed or incorporated: the function of the Police should be to investigate crimes and send the accused to the judicial authorities in a term no longer than 24 hours. In their investigations the Police should be subordinated to the Prosecutor´s office, who should be responsible for directing the investigations and the gathering of proof. Detentions can only be done through a judicial order or when catching a crime in progress.
Jury trials should be re-established for all cases, and exceptional jurisdictions should be ended.
In addition, Nicaragua should bring itself into the XXI Century and promote the access of all children and adolescents to information technologies and the internet.
Reorganization of the Army and the Police
The role that the National Police have performed in the current civic insurrection, as a small, very centralized repressive army, forces us to re-examine the role of the police forces. The Police should play a very important role in ensuring citizen security, in a context of the advance of the drug trafficking cartels and organized crime in Central America.
To keep the National Police from being a small, mercenary army at the unconditional service of a dictatorial government, their operation should be decentralized, creating municipal police who will maintain a national coordination or command, but whose members will be recruited from within the community, who will be subject to the local authorities. The naming of the Chief of Police in each municipality, as well as their term in the post, will be done through direct election of the citizens. The monopoly of the control of the president of the republic over the National Police must end, it should be shared with the local authorities.
The National Police should have a Community Policing approach, composed of people from the community on a rotating manner, with a reduced administrative apparatus and permanent officials. More women should be incorporated into the chain of command of this Community Police.
Likewise, the role and conception of the National Army should be re-evaluated. The collective trauma that the implementation of military service had during the civil war (1982-1990) has made it possible, contradictorily, for the evolution of the National Army as an institution ever more separated from the people.
In times of peace, the Army should have a very reduced apparatus, it should be composed of citizens who provide their civil service regularly within the armed forces at certain times. Likewise, more women should be incorporated into the chain of command of the Army.
It should not only defend the national sovereignty against drug trafficking and organized crime, but also exercise a social function in the most vulnerable social sectors, protecting and defending the environment, enabling youth to join as their first job and acquire technical training. This is the only way to prevent having an Army of full time paid soldiers unconnected to the people. The Army should not have, nor its officers, businesses or companies to finance retirement systems different from those that most of the population have, or caste privileges that promote social inequality.
Due to the importance of this issue, a special plebiscite should be promoted on the reorganization of the National Army and the National Police, so that the people might democratically decide the path to follow.
Educational revolution, academic freedom, and university autonomy.
Nicaragua will never come out of poverty without being able to raise the educational level of its population.
Nicaragua is losing the only opportunity from the “demographic dividend” as dozens of thousands of youth do not have the opportunity to study and work. The dichotomy between primary education and higher education is false. Both are complementary. That is why academic freedom and university autonomy should be insisted on for training the technical staff and the professionals that the country requires.
Primary and secondary education should include a class on civic education, so that the students might learn from an early age how the State functions and what the principles of democracy are.
Within the framework of basic income, it should be ensured that all children finish their primary and secondary schooling. For that purpose 15% of the Gross Domestic Product (GDP) should be used for public education. State resources should be used to develop public education, and the businesses of private schools and universities should never be subsidized. The universities should never be submitted to political power and party control.
The teaching profession and scientific research should be encouraged and protected by the State.
Social innovation and entrepreneurship should be encouraged by the State to expand the labor prospects of the recently graduated youth from the Universities so that they can be inserted into the work world. Likewise, the Youth First Job Law should be approved where the universities and companies will coordinate to provide facilities of access to work to recently graduated youth, and so that the relationship between professional majors and market demand might be improved.
The role of the State in the economy
Given the backwardness of the productive forces in Nicaragua, the State should play the role of promoting economic development, the only way of doing away with migration and poverty. Within a scheme of the social market economy, the principal public services (water, health care, education, energy and communications) should be in the hands of the State. The acceptance of mixed enterprises in these areas, and the percentages of private, national or foreign participation, will depend on the needs of each concrete case.
A State bank should exist that would promote financing, at fair interest rates, to the benefit of the peasantry, artisans and small urban and rural producers. To prevent political patronage and corruption that can lead to their bankruptcy, the workers and clients of the state bank should be allowed to form a verification and control commission of the loans, focused on citizen participation.
The profits of the private banks should be regulated, through a policy of fair interest rates, that do not exploit the population.
Agrarian reform and the defense of the environment
The agrarian reform that was promoted under the revolution in the 1979-1990 period was reversed in later decades. A process of land concentration functioned and now we have the existence of new large landowners. This process was possible because the peasantry did not have financial and technical assistance that would allow it to develop agriculture or ranching. Not only should the right of the peasantry to land be ensured, but also the right of peasant women to be owners of land. Likewise, a state bank is needed whose principal function would be to develop the peasant economy. The State should ensure a policy of fair prices for peasant products.
The agricultural production of Nicaragua in large measure rests on small and medium producers. It is necessary that these sectors grow through increase in yields and productivity, more than by the expansion of the agricultural frontier, which has degraded hydrological basins, produced sedimentation and the disappearance of water sources, and destroyed biodiversity.
Protected areas should be expanded, like Bosawás and Indio Maíz, and other new ones created. Protecting the national capital of the country should be a priority – water, soils, forests and biodiversity – the State should ensure that they be used in a sustainable manner.
The agrarian reform should have an ecological approach, one of defense of the land, forests, water and the environment. Zones apt for agriculture should be defined, planting should not be done on hills or inclines, what lands are apt for ranching should be pinpointed. Extensive ranching should be eliminated, promoting the creation of modern farms with breeds of cattle that allow production to increase without the need to destroy forests. Peasant or indigenous communities should be the protectors of the forests. A process of reforestation should be promoted and the protection of natural reserves for the purpose of caring for the water of rivers and lakes.
For true autonomy in the Caribbean Coast
Raising the autonomy of the Caribbean Coast to constitutional status in 1995 implied great progress, but the real effects of the Autonomy Statute of the Regions of the Caribbean Coast of Nicaragua are more formal than real. The principal decisions on the economic resources of the Caribbean Coast, and investment in them, in reality are not up to the Regional Councils, nor the indigenous communities, but the central government, which continues limiting the right to autonomy of the native population.
Not only should the customs, language and culture be preserved, but also the communal forms of organization of the indigenous population, which should administer and protect the natural resources.
Even though it is true that as a result of the struggle of the indigenous communities progress has been made in the titling of communal lands, as long as there is no resettlement of non indigenous on their land, the autonomy of the Caribbean Coast will be a fiction.
Consolidation of municipal autonomy
Municipal autonomy has been enshrined in the Constitution since 1987, but in reality the municipalities are subordinated to the central government, in spite of the existence of the Municipal Law. The role of the State in society should be realized through the municipalities. The national budget should be invested in the municipalities. The role of the central government should be reduced, and the functions decentralized in the municipalities. The structure of the State should rest on the municipalities, who should control education, the supply of potable water, public services, services of police, sewage and the defense of the environment.
The democratization of Nicaragua passes through transferring more national power and resources to the municipal governments.
Reconstructing the Central American nation
In the XXI century the countries of Central America are intimately linked by their economic bases, but not on the level of state superstructure. What happens in some of the countries of Central America has repercussions on the rest. SICA [Spanish acronym for the Central American Integration System] has played a great role as a project for the reunification of the national economies, but it has not achieved the goal. The establishment of PARLACEN was a great step forward on the political plane, but it has very limited functions. We should make more progress. The deputies to PARLACEN should be the same deputies of the national legislative organs, so that there is no separation and ignorance about the regional reality.
We should proceed until achieving the call for a Central American Constituent Assembly that would allow for the creation of a Central American federation or confederacy.
Conditions in the country we serve, Nicaragua, continue to hearken back to a generation ago, when the administration in power faced enormous protests and demands for a new government. The confrontations continue today, just as they did all those years ago, leading to violence and deaths, denials, accusations, reprisals and lots of pain. It’s tough to watch in a country of such charm and character.
Two recent documents, written by The University of Central America and the Episcopal Church, provide both a news update as well as perspectives about how at least part of the population places its support. The following is a statement provided by the UCA following a Wednesday night demonstration:
“The University of Central America (UCA) reports that this Wednesday, May 30, at around 4:30 PM, there was an attack by the “shock troops” against the defenseless population participating in a civic march that had the UCA as its final destination.
The attacks took place in the vicinity of the gate closest to the National University of Engineering (UNI). In support of the people, the UCA security guards opened the gates so that the protesters could take refuge in the campus. Fleeing the attacks, more than 5,000 people managed to enter, while many fled in other directions. Countless injured people were treated by volunteers immediately on campus and ambulances took all of the injured to medical centers.
After 8:30 PM, volunteers and drivers from the UCA had managed to evacuate the majority of the refugees to different parts of the capital and, at the time of publication of this message, continue in this process. Despite the shooting, the refugees did not want to stay on campus because of threats received about attacks on the university.
The UCA, which stands on the side of the people in their struggle for justice, denounces this new criminal attack and demands from the authorities the immediate cessation of the repression that uses shock troops to assassinate with impunity, protected by the current misrule.
We urge human rights organizations, national and foreign, to take note of this situation that seriously affects the lives of citizens and to use mechanisms for the protection of human rights such as the Inter-American Human Rights System and the United Nations.
We urge the international community to stand in solidarity with the people of Nicaragua and to apply mechanisms which can help resolve this crisis, which has reached the level of a massacre against a defenseless population.”
The document quoted below was generated by the Bishops Conference of the Episcopal Church in Nicaragua:
To the People of God and men and women of good will:
We the Bishops of the Episcopal Conference of Nicaragua have experienced with profound pain the violent events carried out last night by armed groups allied with the government against the civilian population. We energetically condemn all these violent acts against the exercise of peaceful free demonstrations and we absolutely reject this organized and systemic aggression against the people, which has left dozens of wounded and some people dead.
We cannot continue allowig this inhumane violence “that destroys the lives of the innocent, that teaches to kill and equally disrupts the lives of those who kill, that leaves behind a trail of resentment and hate, and makes more difficult the just solution of the very problems that caused it” (Centesimus Annus, 52).
We the Bishops of the Episcopal Conference condemn these acts of repression on the part of groups close to the government, and we want to leave clear that the National Dialogue cannot be renewed as long as the people of Nicaragua continue being denied the right to freely demonstrate and continue being repressed and murdered.
At this moment in which the history of our country continues being stained with blood, we cry out to Jesus Crucified, who on resurrecting from the dead conquered evil and death with the strength of his infinite love. “Oh, Cross of Christ, we teach that the dawn of the sun is stronger than the darkness of night. Oh Cross of Christ, we teach that the apparent victory of evil fades in the face of the empty tomb and in the face of the certainty of the Resurrection and the love of God, which nothing can defeat or darken or weaken” (Pope Francis, Holy Friday 2016). That Mary, the grieving Virgin, whose heart was pierced by a sword in the face of the pain of her Son on the Cross (Lk 2:35), consoles so many Nicaraguan mothers who suffer over the murder of their sons and watch over all our people with maternal love.
Issued in the city of Managua on the thirty first day of the month of May of the the two thousand eighteenth year of the Lord.
Episcopal Conference of Nicaragua
This communique was signed by the ten bishops of the conference.
(For those interested in tracking developments in Nicaragua, one source is La Prensa. The daily newspaper provides very current coverage of events in Nicaragua, as well as perspective on events elsewhere in the world.)
For those who know and love Nicaragua and the people there, this is a painful and sad time. It’s made even more so by how little the U.S. news media writes about it. Their lack of attention does not diminish the anguish and tragedy of what is occurring in the land of our neighbor to the south….
The height of injustice is to be deemed just when you are not. Plato
Even an honest man sins in the face of an open treasure. Saying.
The VII song of the Odyessy tells how the goddess Circe warned Ulysses that the sailors of those waters were so enchanted by the song of the sirens that they went mad, and lost control of their ships. To not succumb to that enchantment, Ulysses asked that he be tied to the mast of the ship, and that the oarsmen have wax put in their ears, and ordered that if he, because of the spell of their song, would ask that they free him, instead they should tighten the knots. So it was that Ulysses and his oarsmen were saved, and the sirens, failing in their objective, threw themselves off the cliff.
Facing unfair commercial relations, Fair Trade (FT) emerged as an alternative so that people who organized might improve their lives and be a space of solidarity among different actors beyond their countries´ borders. Nevertheless, in our case study in Nicaragua and Central America, we show that the institutional structure of power relationships under the market control of elites is like the sirens in the myth, capable of seducing the FT network, turning it against its own principles, and turning solidarity into just a bunch of words, numbers and papers. How can FT tie itself up so as to not succumb to the song of the sirens, and in this way, grow, enhancing its FT alternative principles? To respond to this question we take as a given that there are exceptional cooperatives, organizations, and people who confirm the importance of organizing and cultivating global solidarity, and that there are successful cooperatives, in countries in the south as well as in the north, in FT as well as outside of it. Nevertheless, in this article we study certain practices of the FT framework that seem to indicate its involution, and on that basis we suggest its reinvention. To do so we focus on coffee, which constitutes 70% of the volume of what is sold through FT.
This Easter has been a sweet deal for candy manufacturers: more than $2 billion was spent on candy alone this season, and the overall spending on all Easter-related purchases figures to be the second-highest in U.S. history. (I know that I didn’t receive any chocolate bunnies on Easter Sunday, so somebody else has been taking more than their share. ) But it started me thinking about wants and needs and central Easter messages.
That candy cost isn’t exactly chicken feed. By comparison, the total amount of all U.S. aid to Nicaragua in 2017 was $31.3 million, 15% of all that candy. I only offer the comparison here for contrast; neither I nor most Nicaraguans would argue for greater aid dependency on the U.S. But it’s quite a difference in sums when one considers the two categories: resources for basic human living standards in Nica versus Easter candy consumption in the U.S. Setting aside such notions as national boundaries, something seems inequitable in all of that, no matter to what political or economic perspective one may subscribe. Let me elaborate.
I spent a week with my colleague Mark in Nicaragua last month, visiting with rural partners, hearing about their struggles with various harvests, understanding the need for late repayments in several cases, and attending a two-day workshop designed to teach information analysis, so that these producers might go about their work on a more data-driven basis.
Our week did not represent some kind of hight-level financial development. We lunched with them on rice and beans. We spoke with some, in impromptu huddles, about small loans and the most basic tenets of our partnerships: accompaniment, transparency, functioning bodies of governance, broad-based participation, and collaboration within the coops. We described the nature of goals and goal-setting. They asked us about work processes. We laughed some. The interactions may have been at their most basic level, but they were important and appreciated. Basic stuff usually is.
What does any of that have to do with Easter candy sales? Simply this: the sweet taste in the mouth from a dissolving Peep or jelly bean is both artificial and temporary. And it can never take away the bad taste in the mouth from the recognition that we spend more on candy than on the very lives of others who are in significant need for their basic survival. That bad taste comes from recognition that our own lives are made up of moments, moments of priority and precedence, wherein we have the free will to decide how we will spend our time and our money and our spirit. Those decisions impact the impoverished in profound ways, and as importantly, paint the portrait of who we truly are. And they do leave a taste in the mouth, one kind or another.
Last month in Nicaragua I heard the observation of a producer who was considering the raising of a few chickens as a supplement to his coffee-growing efforts. His words of hesitation were like a fist to the gut. “The corn that my hens eat,” he observed, “could be food for my family.” He was not speaking about candy corn.
Easter is a season of resurrection and salvation, of new beginnings and new chances. It is a time of reflection for many about the life and example of Jesus and the basis of those who claim followership of his teaching. It also gives me pause to think about the price of candy and the value of corn….
A long-time friend of mine recently bestowed a gift on me, one that has intrigued, perplexed and annoyed all at the same time. It may seem strange that one small gift could accomplish all of this, but given the nature of the giver, I would expect no less.
George is an octogenarian, and one who has stuffed a great many experiences into his years, whether in vocation, family, service to others or contemplation of self. For these reasons, as well as the fact that he is simply a very nice man, I enjoy meeting with him every so often for excellent conversation. Neither one of us will ever be able to recount the winners and losers at The Academy Awards, but both of us like to expound upon what is right and what is wrong with the world today. We both pretend to have the answers, if not the questions.
The gift he brought to me is no less than a presentation of life’s virtues. One hundred thoughtful descriptions of moral excellence and goodness of character are printed on 4X5 cards, along with certain actions which embody the particular virtue. They are a product of The Virtues Project, an international initiative to inspire the practice of virtues in everyday life. Each day at breakfast, I’m confronted with a new aspect of right action and thinking which may or may not be attributable to myself. But they’re good triggers for thought and conversation with my wife, as I either claim ownership of a virtue or confess my weakness of it. (I am too afraid to keep track of whether I have more “hits” than “misses.”) The object is not keeping score, but reflecting on one’s personal posture.
The experience is stimulating. I mean, how often do most of us have the questions posed about our daily existence and how we have chosen to live it? Consider matters of integrity. Honesty. Humanity. Commitment. Honor. Gratitude. Faith. Empathy. Grace. Generosity. Love. Peacefulness. Responsibility. Sacrifice. Tolerance. Truth. The list is as long as it is deep. Serious reflection of virtue is sobering, affirming and complex, all at the same time.
Yet there is a sort of elitist quality about contemplation of such things. My past week in Nicaragua reminds me that consideration of manners and philosophies often becomes subjugated in light of the daily grind of feeding one’s family or securing the particulars of suitable shelter. In some cases, circumstances tend to bend absolute virtues, or at least place them in conflict with other virtuous aims.
I do not imply that Nicaraguan peasants are without virtuous living; in fact, the reality is quite the opposite. My experiences with rural Nica farmers often have been object lessons about living with dignity and hope despite enormously difficult circumstances. Virtuous behaviors come from within, cultivated from generations of living in concert with their faith, the earth and one another, rather than from a conscious deliberation of what “ought to be.”
What occurs to me in the understanding of living against great odds is that the opportunity for meditation on matters of virtue and how to cultivate such behaviors is almost non-existent. The conscious deliberation of what “ought to be” is too often a luxury afforded to those who are well off enough to indulge in contemplation of 4X5 cards.
Perhaps the observations are of no note. Certainly, those who have been blessed with opportunity for musing on such matters have brought about only a modest degree of change and equity in the world: children still starve against the virtues of Generosity, Humanity, Justice, Mercy and Sacrifice. In my own reading of the virtues, I long for the recognition of them inherent within myself, regardless of the words on the cards. But it is not always so, and the gentle reminders of what I could be are blessings to embrace.
There’s still time. The questions are not complete, the answers not finished, our lives are not done, our legacies are not written and our virtues are not known until the end of our days….