Amnesty International
International Secretariat
1 Easton Street
WC1X 8DJ
United Kingdom

AMR 32/WU 04/92 EXTERNAL

14 August 1992

UPDATE
NICARAGUA: AI CONCERNED AT PROPOSED TIGHTENING OF LAWS ON
HOMOSEXUALITY

Follow-up to AMR 43/WU O2/92 and 03/92

Amnesty International has recently learned that the package of
proposed reforms to the Nicaraguan Penal Code, including an
amendment to Article 205 concerning homosexuality, has been
ratified by President Chamorro. Al is concerned that the
amendment to Article 205 could lead to the prosecution and
imprisonment of individuals for advocating homosexual rights or
for practising homosexual acts between consenting adults in
private.

The reforms to the Penal Code were approved by the National
Assembly on 11 June and ratified by the President on 8 July.
However, news of the ratification was not made public, and did
not reach sources in Nicaragua until early August. The
legislation has not been published in the off1cial diary La
Gaceta.

Amended Article 205 (now Article 204 of the reformed Penal Code)
provides that "anyone who induces, promotes, propagandizes or
practices in scandalous form sexual intercourse between persons
of the same sex commits the crime of sodomy and shall incur 1 to
3 years imprisonment". It also states that if one of the people
engaging in sexual intercourse is in a position of power or
authority over the other, even if in private, s/he will be
punishable with 2 to 4 years in prison for unlawful seduction.

In a letter to President Chamorro on 30 June, Amnesty
International expressed its concern that the broad and undefined
provisions of the proposed legislation could be applied in a way
that would criminalize the expression of homosexual identity in a
broad range of forms. Individuals detained or imprisoned solely
on the basis of their homosexuality, including for homosexual
acts between consenting adults in private, would be considered by
Amnesty International to be prisoners of conscience. The
organization would demand their unconditional release

Ends


Footnote, by Diane Bailey

The secretive way in which this legislation has been handled by
the Nicaraguan government is illustrated by the fact that,
although the law was signed on July 8, Amnesty International
received a fax on August 5th from the Embassy to the United
States of the Republic of Nicaragua, dated that day, stating, in
effect that the law had not yet been signed.  The text was as
follows:


\\The Government of Nicaragua sympathizes with the concerns of
the demonstrators opposing the recent initiative by the National
Assembly to reform Article 205 of the Nicaraguan Criminal Code.
However, the issue is more complex than it may seem at first
glance.

It is understandable that the United States and other countries
are more open to homosexual lifestyles. But it would be unfair
for the standards of other countries to be forced upon Nicaragua,
a predominently Catholic country where the vast majority of its
citizens disagree with these standards. We are merely asking that
people demonstrating against Nicaraguan mores examine the issue
more deeply, taking into consideration Nicaraguan culture and
history.

As of today, the Executive branch of the government has not
ratified the reform as law. The Embassy of Nicaragua is open to
discussion with interest groups concerned with this issue.

For further information:
Maria Teresa Nigro
Embassy of Naicaragua
+1 202 939 6570//