VZCZCXRO6186
PP RUEHLMC
DE RUEHMU #2295/01 2832223
ZNY CCCCC ZZH
P 102223Z OCT 07
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC PRIORITY 1464
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0098
RHEHNSC/NSC WASHINGTON DC PRIORITY
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHDC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEAUSA/DEPT OF HHS WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 03 MANAGUA 002295 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR WHA/CEN TLERSTON, JFEELEY 
 VALVARADO NSC 
 PRECHKEMMER G/IWI 
 GMAGGIO DRL 
 
E.O. 12958: DECL: 10/10/2017 
TAGS: PGOV PREL PINR KDEM KWMN NU
SUBJECT: NICARAGUA: CRIMINALIZATION OF THERAPEUTIC ABORTION 
A POLITICAL, RELIGIOUS LIGHTNING ROD 
 
REF: A. MANAGUA 06 02630 
 
     ¶B. MANAGUA 06 02599 
     ¶C. MANAGUA 07 00964 
 
Classified By: Ambassador Paul A. Trivelli for reasons 1.4 (b and d) 
 
¶1.  (U) Summary:  Women's rights organizations, human rights 
NGOS, and physicians have reacted sharply to the Nicaraguan 
National Assembly's vote to include in the country's new 
Penal Code the criminalization of therapeutic abortion. 
Opponents of the criminalization of all forms of abortion 
have vowed to take the issue to the international courts. 
Judging by the blowback over the past weeks, and especially 
the outrage among former Sandinista feminists, the 
polarization caused by this decision will likely have a long 
shelf life.  End Summary 
 
- - - - - - - - - - - - 
The Vote, No Exceptions 
- - - - - - - - - - - - 
 
¶2.  (U) On September 13, 66 out of 92 deputies ratified the 
criminalization of all forms of abortion in article 143 of 
the Penal Code.  The Sandinista National Liberation Front 
(FSLN) voted with the Liberal Constitutional Party (PLC) and 
the Nicaraguan Liberal Alliance (ALN).  The ban includes 
"therapeutic abortion," i.e. where the life of health of the 
mother is at risk.  All three deputies of the Sandinista 
Renovation Movement Alliance (MRS) voted against the 
decision.  Jose Pallais, PLC deputy and president of the 
Commission on Justice, and a few other deputies abstained. 
 
¶3.  (U) This was the second time in a year that the 
Nicaraguan legislature voted in favor of the criminalization 
of all forms of abortion (Ref A).  Efforts by human rights 
and women's organizations to appeal the special law against 
therapeutic abortion passed in 2006 under former President 
Bolanos similarly had failed.  According to the new Penal 
Code, all forms of abortion will carry criminal penalties 
including incarceration of between one and three years for 
those found guilty of undergoing or performing an abortion, 
along with the suspension of the medical license for any 
physician charged with performing the illegal procedure. 
 
¶4.  (SBU) The casting of a "yes" vote by a majority of FSLN 
deputies, effectively siding with most Liberals, struck a raw 
nerve among Sandinista dissidents and MRS members.  Women's 
rights leader Ana Maria Pizarro captured the indignation of 
disgruntled women's organizations and Sandinista sympathizers 
by asserting that the FSLN had betrayed "without a trace of 
shame" the memory of party founders Carlos Fonseca and Carlos 
Nunez Tellez who fought for a secular state and the rights of 
women.  Several female FSLN deputies, who are believed to 
hold personal views against the criminalization of abortion, 
excused themselves before the actual vote and did not voice 
any objections in the Assembly debate. 
 
- - - - - - - - - - - - 
Women's Groups Angered 
- - - - - - - - - - - - 
 
¶5. (SBU) A majority of Nicaraguans oppose abortion.  However, 
the decision by the National Assembly to ban therapeutic 
abortion has galvanized civil society groups, turning the 
issue into a political hornet's nest.  Leading opponents of 
the criminalization of all forms of abortion, including the 
Nicaraguan Feminist Movement, the Women's Autonomous 
Movement, the Women's Network against Violence, the women's 
health NGO Si Mujer, and the Nicaraguan Center for Human 
Rights (CENIDH), among others, consider the law a form of 
violence against women, and worry that poor women who already 
have the most limited access to healthcare will be most 
affected by the ban.  In their view, the law represents a 
negation of the State's responsibility to protect the lives 
of 52 percent of the population.  Denis Darce of the 
Permanent Commission for Human Rights (CPDH) publicly agrees 
that the penalization of therapeutic abortion represents a 
human rights violation. 
 
 
¶6.  (SBU) Beyond seeing the matter strictly as a women's 
rights or health concern, women's organizations and a number 
of left-leaning NGOs regard the Ortega government's support 
to ban all forms of abortion as a direct attack against the 
women's movement in general.  They believe that the vote will 
strengthen the relationship between President Ortega and 
Cardinal Miguel Obando y Bravo and the Catholic Church. 
Fatima Millen of the Women's Network against Violence 
asserted to poloff that the FSLN vote was "payback" by the 
Ortega government against the women's organizations that 
sided with Zoilamerica Narvaez in her sexual abuse case 
against her adoptive step-father, Daniel Ortega (Ref. B).  In 
the run-up to the 2006 presidential election, some women's 
organizations openly criticized then candidate Daniel Ortega 
of being a sex offender who was rewarded with impunity (Ref. 
C).  Violeta Granera, director of the civil society 
organization Movement for Nicaragua, opined that this 
government is simply "anti-women." 
 
- - - - - - - - - - - - 
The Role of the Church? 
- - - - - - - - - - - - 
 
¶7. (U) Monsignor Leopaldo Brenes, President of the Episcopal 
Conference, denied media speculation that he had lobbied 
deputies by phone.  Father Rolando Alvarez, spokesman for the 
Episcopal Conference, meanwhile, confirmed that the bishops 
had sent a letter to the deputies on September 7 which 
clearly explained that the Church did not regard medical 
intervention in the instance of an ectopic pregnancy or a 
miscarriage already underway as therapeutic abortion.  The 
letter did maintain, however, that including any list of 
exceptions for therapeutic abortion was "too dangerous" 
because it could be "manipulated by abortionists."  A 
statement from the Episcopal Conference of Bishops praised 
the National Assembly for putting an end to the "chain of 
death" spreading throughout Latin America. 
 
¶8. (U) Using guidance that he reportedly received from the 
Catholic Church hierarchy, Pallais along with ALN deputy Luis 
Callejos, had introduced a motion that would have allowed a 
therapeutic abortion in extreme cases where the lives of both 
the mother and the fetus were deemed in grave danger, and the 
interruption of the pregnancy was the only means of saving 
the life of the mother.  Even though the Catholic Church 
apparently could have supported this formulation, a majority 
of the National Assembly voted on September 13 to strike this 
exception from the new Penal Code. 
 
¶9.  (U) Praising Pallais for his stance, Marta Maria Blandon 
of the Women's Feminist Movement, expressed regret that his 
motion to protect the mother was never considered because the 
issue had become politicized. For his part, Pallais 
maintained that the deputies had felt pressured by the 
Catholic Church, but that they failed to understand the full 
position of the bishops.  He opined that the reason a 
majority of colleagues voted against the provision to allow 
therapeutic abortion in extreme cases was the fear that it 
would leave the door open to interpretation and permit other 
types of abortion.  He lamented that while the Church was 
clear, the deputies were not. 
 
- - - - - - - - - - - 
Homophobia in the Mix 
- - - - - - - - - - - 
 
¶10. (U) During the National Assembly debate, a few deputies, 
most notably Freddy Torres and Wilfredo Navarro of the PLC, 
sought to discredit the protesters by labeling them "lesbian 
assassins" and "people with abnormal hormones and no morals" 
who had no business taking a stance on the matter of 
abortion.  Speaking from the floor of the Assembly, Torres 
vowed, "Not one of these minority female assassins is going 
to impose their views here."  He further pontificated that 
"Neither lesbians nor gays have any authority to approve 
therapeutic abortion because they will never be mothers or 
fathers."  Torres lamented that the topic of abortion had 
divided the country in two, between those who believe in "a 
culture of death" and "those of us who believe in the culture 
of life."  Agreeing that the only women in favor of abortion 
were homosexual, deputy Navarro scornfully called the female 
protesters "lesbians, lesbians, lesbians" during his turn at 
the microphone.  Other PLC members, such as Enrique Quinonez, 
also skirmished with groups such as the Women's Network 
against Violence. 
 
¶11. (SBU) Representatives of the Nicaraguan gay community 
worried that Torres and Navarro were only "fomenting 
homophobia and inciting hate and violence" with their 
comments.  Norman Gutierrez of the Center for the Education 
and Prevention of AIDS, reminded the lawmakers that they were 
elected by a large number of homosexuals against whom they 
were now discriminating.  Gutierrez, who was a candidate for 
the Alternative for Change Party in 2006, called upon gay, 
lesbian, and transgender Nicaraguans to be very careful about 
who they vote for in the municipal elections next year, 
claiming their community represented twenty percent of 
registered voters. 
 
- - - - - - - - - - - - - - - - 
Making an International Appeal 
- - - - - - - - - - - - - - - - 
 
¶12.  (U) The consensus among civil society and women's rights 
organizations is that there is no point in fighting the case 
any further in the Nicaraguan justice system.  However, many 
of the organizations opposed to the ban on therapeutic 
abortion, with the backing of CENIDH, plan to take the case 
to the international courts, either the United Nations, the 
Interamerican Court of Justice, or the Inter-American 
Commission on Human Rights (IACHR) at the OAS. CENIDH 
director, Vilma Nunez, has argued that the best course of 
action would be to go to the IACHR to file a complaint 
against the Nicaraguan government for violating the 
Constitution and the human rights of women. 
 
- - - - 
Comment 
- - - - 
 
¶13. (SBU) The controversy surrounding the criminalization of 
therapeutic abortion has escalated beyond any legal and moral 
debate between the right-to-life and pro-choice camps and 
become a lightning rod for women's organizations, some civil 
society organizations, and human rights NGOs.  With the first 
meeting of the International and Regional Courts of Justice 
convening in Managua the week of October 1, we expect that 
the movement against the ban on therapeutic abortion will use 
every opportunity to bring international attention to the 
issue and continue to frame it in terms of human rights. 
 
¶14.  (C) In our discussions with women's organizations and 
NGOs, we have made it clear that U.S. foreign policy does not 
condone or recognize the right to abortion.  However, we will 
continue to closely monitor the domestic politics surrounding 
this issue, which appears to have taken on an interesting 
dynamic.  It is not clear what Ortega's motives are in this 
vote, but he has clearly decided that he can endure the wrath 
of many leftist organizations that oppose the ban.  Whether 
in the long run he can afford to alienate important elements 
of his political base remains an open question, and one that 
bears watching. 
 
 
 
TRIVELLI