Promoviendo la equidad, transformando la realidad.
MEN IN NICARAGUA SUPPORT ANTI GENDER BASED VIOLENCE
LEGISLATION (Law 779)
In June 2012 the National Assembly in Nicaragua passed new legislation on
Violence Against Women. Known as Law 779, it has an integral approach
that seeks to protect women from men’s violence, guarantee the provision
of quality services, prevent gender based violence and punish
perpetrators. The law typifies “femicide” as a specific crime and prohibits
mediation in the case of violent cries committed against women.
In the year that has passed since Law 779 was set in motion, it has been
branded as “unconstitutional” by many detractors including ADANIC (the
Democratic Association of Lawyers in Nicaragua), that has called on the
Supreme Court of Justice (CSJ) to resolve a series of appeals that have
been introduced against Law 779, challenging its constitutionality.
Prominent Evangelical and Catholic religious leaders (men) have described
Law 779 as “anti-family” and “anti-men”, exhorting that it is the new law,
rather than men’s violence itself, that is responsible for breaking up
families. In May 2013, Catholic Bishop Abelardo Mata made statements to
the media comparing Law 779 with the Anti-Christ:”...the new number of
the beast is not 666, its 7791”.
The calls for reforms to Law 779 have been taken up some members of the
CSJ who are proposing allowing mediation in the case of “minor crimes” of
violence against women that entail a sentence of less than 5 years
imprisonment. Women’s Organizations, however, are vehemently against
this or any reform to Law 779, insisting that mediation is a violation of
women’s right to protection and access to justice and actually puts women
in danger. The Women’s Network Against Violence in Nicaragua reports
that 13 femicide victims during 2012 had previously mediated with their
killers.
As a contribution to this ongoing debate, the Nicaraguan Masculinities
Network for Gender Equality (REDMAS2), affiliated to the MenEngage Global
Alliance3, issued the following statement, to express their solidarity, explain
why they support Law 779 and oppose its reform.
1
http://www.laprensa.com.ni/2013/05/07/ambito/145700-obispo-mata-compara-ley
http://redmasnicaragua.org/
3
http://www.menengage.org/
2
Rotonda el Güegüense 4 cuadras al oeste y una cuadra al norte, Managua, Nicaragua.
Teléfono (505) 22681227. E-mail redmas.nicaragua@gmail.com
www.redmasnicaragua.org
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Promoviendo la equidad, transformando la realidad.
YOU, “COMPAÑERAS”, CAN COUNT ON US
Statement made by the Nicaraguan Masculinities Network for Gender
Equality (REDMAS), affiliated to the MenEngage Global Alliance, May 2013.
(Translation note: the statement is addressed to “compañeras” which in
Spanish is an affectionate term that refers to women in general, but also to
close women friends and colleagues. Literally understood as “women who
share the same bread” (“companions” in English), the use of “compañeras”
conveys a deep respect for equal opportunities and rights).
“In the face of the recent upsurge of male voices against law 779, that both
worries and angers us, we want to let you know, compañeras, that you can
count on us. As the poet Benedetti says, you can count "not up to one or up
to ten"; we are with you.
We are with you because we believe that Law 779 is a fair and necessary
response to reality in Nicaragua, in which machismo has produced and
continues to produce unacceptable levels of inequality between women and
men. The macho model gives men power over women, power that
manifests itself in the use of physical, psychological, sexual and patrimonial
violence. As a result, women who experience such violence can never
achieve the equality that the Nicaraguan Constitution outlines. The correct
implementation of Law 779, on the other hand, represents an opportunity
and an important step in making equality between women and men a
reality.
Law 779 contains a thorough classification of forms of violence (article 8),
defining crimes and their respective penalties in a very detailed manner
(articles 9-18), and in proportion to the injury caused, which are classified
as "minor", "serious" and "very serious". We believe that all crimes of
violence against women must be punished in due proportion and should
never be arbitrated by a compulsory process of mediation between the
victim and the perpetrator.
We are with you because we recognize that violence against women instils
terror in many women, who fear for their lives and those of their children.
Trapped in positions of subordination, it is hard for them to negotiate
agreements, freely and voluntarily, with their aggressors that are mutually
convenient. Mediation in cases of violence against women often exposes
women to blackmail, intimidation and to more violence, and in some cases
to hate crimes in which women are murdered by men. Mediation, therefore,
is a mechanism that favours the perpetrators of violence over the victims. It
is a resource used by the aggressors’ lawyers to defend the indefensible.
Our support for law 779 is based on the premise that States should promote
special protection measures and affirmative action in favour of population
groups
that
historically
have
experienced
systematic
violence,
marginalization, discrimination and social exclusion. This is established in
Rotonda el Güegüense 4 cuadras al oeste y una cuadra al norte, Managua, Nicaragua.
Teléfono (505) 22681227. E-mail redmas.nicaragua@gmail.com
www.redmasnicaragua.org
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Promoviendo la equidad, transformando la realidad.
The Convention on the Elimination of all forms of Discrimination against
Women (CEDAW).
Consequently, we believe that the Nicaraguan State, as a matter of
urgency, should promote programmes for the prevention, provision of care,
punishment and eradication of violence against women (like those proposed
in article 22 of Law 779) and should allocate the necessary budget to
ensure their implementation. In particular we recommend that these
programmes prioritize "the transformation of socio-cultural behavioural
models of being women and men, including the formulation of programs
and of formal and non formal educational actions at all levels within
educational and instructional establishments, in order to prevent, provide
care, punish, and eradicate stereotypical behaviour that allows, encourages
and tolerates violence against women" (Art. 22 subparagraph (b)).
In conclusion, we support Law 779 because the eradication of violence and
discrimination against women is essential to move forward in building a
society in which men and women really do have the same rights and
opportunities.
We say once again, compañeras, that you can count on us and we take this
opportunity to invite other men to add their voices in support of Law 779”.
Men members of the Masculinity Network for Gender Equality,
Nicaragua, May 2013
Rotonda el Güegüense 4 cuadras al oeste y una cuadra al norte, Managua, Nicaragua.
Teléfono (505) 22681227. E-mail redmas.nicaragua@gmail.com
www.redmasnicaragua.org
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