THE POWER OF CIVIL SOCIETY WORKING PAPER SERIES WORKING PAPER 5 Rights, Politics and Power: The Struggle over the 2006 Abortion Reform and the Women’s Movement in Nicaragua Katherine Kruk May 2010 About Civil Society Building Knowledge Programme Hivos and the International Institute of Social Studies (ISS) have been cooperating since 2005 in a joint effort to contribute to the debate on Civil Society Building (CSB). At the core of this collaboration is the interaction between practitioners and researchers to facilitate knowledge development, dissemination and application. The main aim of the Knowledge Programme is to better understand and improve the contribution of CSB efforts to facilitate changes in the unequal balance of power in favour of vulnerable and marginalised groups. The three specific objectives of the Programme are the following: 1. To foster new and innovative research on CSB in the academic and development sectors. 2. To intensify the links between practitioners and researchers in order to stimulate dialogue and debate on CSB. 3. To contribute to improving policy and programmes aimed at strengthening the capacity of civil society organisations. www.hivos.net Hivos Hivos is a Dutch non-governmental organisation inspired by humanistic values. Together with local organisations in developing countries, Hivos seeks to contribute to a free, fair and sustainable world in which citizens – women and men – have equal access to the resources and opportunities for their development. www.hivos.nl Institute of Social Studies – ISS The International Institute of Social Studies is a leading postgraduate research institute in international development. On 1 July 2009, it became a University Institute of the Erasmus University Rotterdam (EUR). ISS has a key role in promoting the generation and sharing of knowledge on development issues. ISS undertakes innovative research on civil society, provides educational activities as well as the dissemination and translation of research results into policy strategies. www.iss.nl This work is licensed under the Creative Commons Attribution-No Derivative Works 3.0 Unported License. To view a copy of this license, (a) visit http://creativecommons.org/licenses/by-nd/3.0/ ; or, (b) send a letter to Creative Commons, 171 2nd Street, Suite 300, San Francisco, California, 94105, USA ISSN 1879-7105 THE POWER OF CIVIL SOCIETY Working Paper 5 Contents Abstract 4 About the author 4 INTRODUCTION 5 ABOUT THE RESEARCH 6 THE MANY FACES OF THE MOVEMENT 7 As Catholics 7 As Rural Women 8 As Urban Women 8 As Politicians 9 As Health Professionals 9 As Women in Agreement with Therapeutic Abortion Only 10 As Women of a Secular State 10 THE POLITICAL SETTING 11 The Sandinista Regime 1979-1990 11 FSLN 2006 12 The Roman Catholic Church 12 Sexual Education 12 Political Pacts: ‘El Pacto’ 13 CONCLUSIONS AND DISCUSSIONS 13 Rights Implications 14 References 15 Rights, Politics and Power: The 2006 Abortion Reform and the Women’s Movement in Nicaragua 3 THE POWER OF CIVIL SOCIETY Working Paper 5 Rights, Politics and Power: The Struggle over the 2006 Abortion Reform and the Women’s Movement in Nicaragua1 Katherine Kruk Abstract The domestic and international response to the 2006 abortion law reform in Nicaragua has gone largely unnoticed. This paper considers the 2006 Nicaraguan abortion law reform by looking at the situation in the country, with special attention to women’s rights, in particular, reproductive—and, more specifically, abortion—rights. The reform eliminates all forms of therapeutic abortion in the country with a penalty of up to three years in prison. The paper shows that the reform is unrepresentative of the attitudes and opinions of much of its civil society members, namely, women’s organisations. Further, by analysing the interviews conducted with various women’s organisations in the country, this paper reveals the diversity of the women’s movement in Nicaragua. Next, the political motivations behind this reform are visited through a historical perspective. Kruk looks at the reinstated president and his incentives for passing the law that imposes serious limitations on women’s rights in contrast to his Sandinista regime of the 1980s that encouraged gender equality and promoted the advancement of women’s concerns. Important political factors have contributed to this reform, such as the Catholic Church, sexual education and political pacts. In this paper the contemporary abortion debate is used as a lens through which to reveal and understand the contradictions and nuances in the Nicaraguan women’s movement and, ultimately, to shed light on the nature of the Nicaraguan social landscape in general. About the author Born in Canada, Katherine Kruk got her master’s degree from the Institute of Social Studies in The Hague, The Netherlands, in 2007. Her area of concentration is in human rights, development and social justice. In cooperation with the Dutch NGO, HIVOS, Katherine conducted field research in Nicaragua on the women’s movement’s response to the 2006 abortion reform. 1 This working paper is based on the author’s research paper written in compliance with the requirements for obtaining the degree of Masters of Arts in Development Studies at the Institute of Social Studies, finalized in December 2007. Her field research was funded by the 2007 HIVOS-ISS Civil Society Building Knowledge Programme. 4 Katherine Kruk Working Paper 5 INTRODUCTION On 26 October 2006 the National Assembly voted to eliminate all exceptions to the prohibition of therapeutic abortion in Nicaragua. Previous legislation from a century ago allowed for abortion if it was certified by three doctors that the woman’s life was in danger. The new law penalises abortion even when carried out to save the life of a pregnant woman, and even if the pregnancy is a result of rape or incest (Human Rights Watch 2006). This reform has been harshly criticised by international and local institutions, including UN agencies, for taking place in a politicised environment on the eve of the presidential elections. The former revolutionary Sandinista leader, Daniel Ortega - who was once a defender of Nicaragua’s limited abortion rights and the women’s movement, and a harsh critic of the Catholic Church during his leftist regime in the 1980s - has converted to the Catholic faith and is reaping the benefits of the Church’s heavy influence on the voter population (Schutzhofer 2007). The approval by the National Assembly of Bill 603 that derogates Article 165 of the Nicaraguan Penal Code and penalises therapeutic abortion has been renounced as an unconstitutional breach of the law that also does not recognize women’s rights as human rights and endangers their reproductive health. Doctors and women’s rights campaigners argue that the new law will increase maternal deaths and infant mortality, while international NGOs, such as Human Rights Watch, claim that not only is the passing of this law a direct threat to human rights, but it goes against fundamental principles of humanity. The reform goes against the 1994 International Conference on Population and Development (ICPD) in Cairo which recognised sexual and reproductive rights as fundamental to women’s health (United Nations Population Fund 1994). Nicaragua is the third country in the Latin American region - joining El Salvador and Chile – to institutionalize such an austere law. Although over 70% of the population of Nicaragua is Roman Catholic, masses have taken to the streets in protest. On 8 January 2007 the first formal appeal to Bill 603 was submitted to the Supreme Court of Nicaragua. Spearheaded by the Nicaraguan Centre for Human Rights (CENIDH) and supported by various other organisations and individuals, this injunction claims the unconstitutionality of the law, as activists say it is a death sentence for more than 400 women who suffer from ectopic pregnancies each year in Nicaragua (Sirias 2007). Twelve percent of all maternal mortality in Latin American countries is attributed to abortion, giving the region the distinction of having the highest proportion of maternal deaths attributed to abortion in the world (Khan et al. 2006). On 13 September 2007 the National Assembly of Nicaragua voted 66–3 for a Penal Code reform that confirms the criminalisation of therapeutic abortion, making all forms of abortion a crime with sentences of up to 3 years. This reform is inconsistent with Nicaragua’s international human rights obligations to ensure women the right to health and the right to life (Lopez 2007). The new legislation begs the question why the women’s movement has been unable to prevent the abortion law reform. Dating back to the regime of the early 1980s women in Nicaragua have been active in many societal domains and tackled different social justice issues. Given the significant presence of women’s groups in civil society, why was a law so detrimental to them passed? By analysing different women’s groups in Nicaragua I seek to Rights, Politics and Power: The 2006 Abortion Reform and the Women’s Movement in Nicaragua 5 THE POWER OF CIVIL SOCIETY answer the question: Why was the women’s movement unable to prevent the current abortion law reform in Nicaragua? Further, I elaborate on how the movement has responded today. What are the different roles and perspectives of the women’s movement in Nicaragua, and in which ways and to what extent do different members now attempt to challenge the abortion reform? I listened to the diverse voices that make up the women’s movement. In this paper, the contemporary abortion debate is explored as a lens through which to observe and understand the contradictions and nuances in the Nicaraguan women’s movement and its inability to block the current abortion legislation. ABOUT THE RESEARCH Research on the politics of abortion can be helpful for advocates of abortion law reform, especially in countries where there is a clear discord between legislation and public opinion.