This information comes from the assessment conducted in country for the Nicaragua report, which was published in January 2005.
The overwhelming need for judicial reform in Nicaragua surpasses all other governmental reform initiatives in its urgency. Questions regarding judicial independence, impartiality, and substantive and administrative capacities dominate Nicaragua’s legal landscape and economic institutions. If the absence of political will and commitment to change in this area continues to negate the impact of reform efforts, lasting economic development will be threatened in the long run. Judicial reform must encompass not only current initiatives in human rights and criminal law but also whole-cloth improvements in the role that Nicaragua’s courts play in addressing commercial law and institutional competencies.
Certain positive changes in recent years demonstrate that, when leadership and determination take root, systems in Nicaragua are far from intractable. In particular, improvements in trade facilitation are marked and impressive. The government has strengthened its Customs Agency; engaged in development of open markets nationally, regionally, and internationally; improved relationships between the public and private sectors; and instituted more efficient trade-related visa and immigration processes.
The need for judicial independence in Nicaragua has never been greater, however, and reformers should move forward to meet the challenge. To begin with, a proactive and unified commitment from all willing entities – government representatives, donors, neighboring countries, the business community, the professions, civil society, the media, and others – is vital. Without a doubt, Nicaragua must make efforts to firmly entrench itself among the vast majority of nations in the Western Hemisphere that not only understand and honor the notion of judicial independence, but also recognize that their economies depend on judges who decide cases impartially, according to the law, and independent of external pressures and influences.
