[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 344 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. RES. 344
Supporting the democratic aspirations of the Nicaraguan people and
calling attention to the deterioration of constitutional order in
Nicaragua.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 6, 2011
Mr. Rubio (for himself and Mr. Menendez) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Supporting the democratic aspirations of the Nicaraguan people and
calling attention to the deterioration of constitutional order in
Nicaragua.
Whereas in January 2007, President Daniel Ortega was inaugurated to a second 5-
year presidential term, having served as President from 1985 to 1990;
Whereas as a result of widespread electoral fraud during the November 2008
municipal elections, Nicaragua lost more than $100,000,000 in
international assistance and a $175,000,000 Millennium Challenge Compact
was suspended;
Whereas Article 147 of the Constitution of Nicaragua states that a candidate
cannot serve consecutively as President and that a President cannot
serve more than 2 terms;
Whereas, on October 19, 2009, the Sandinista-controlled Constitutional Chamber
of the Supreme Court of Nicaragua issued a controversial ruling that
partially annulled Article 147 of the Constitution of Nicaragua and
allowed Daniel Ortega to run for a third presidential term;
Whereas the Department of State called the October 2009 Supreme Court ruling ``.
. . part of a larger pattern of questionable and irregular governmental
actions, beginning before the flawed municipal elections of November
2008, that threatens to undermine the foundations of Nicaraguan
democracy and calls into question the Nicaraguan Government's commitment
to uphold the Inter-American Democratic Charter'';
Whereas the Constitution of Nicaragua gives the National Assembly sole power to
elect Supreme Court magistrates, Supreme Electoral Council magistrates,
and other national public officials;
Whereas in January 2010, President Ortega issued a decree that circumvented the
National Assembly and indefinitely extended the terms of 25 incumbent
public officials, including members of the Supreme Court and the Supreme
Electoral Council;
Whereas in August 2011, the Supreme Electoral Council announced that all
international and national observers will be a part of the election and
monitor the process under the mandate of an ``accompaniment ruling'',
which included 25 articles, establishing, among other restrictions, who
can participate, what their functions may be, the limits of their
actions, and the process of accreditation to become an official
observer;
Whereas, on November 10, 2011, the Department of State noted ``. . . the
Nicaraguan Government's failure to accredit certain credible domestic
organizations as observers, difficulties voters faced in obtaining
proper identification and pronouncements by Nicaraguan authorities that
electoral candidates might be disqualified after the elections'' and
agreed that ``the Supreme Electoral Council did not operate in a
transparent and impartial manner'';
Whereas the European Union Election Observing Mission to Nicaragua noted that
elections had been supervised by ``electoral authorities with very
little independence and equanimity'' and it further deemed a ``grave
reversal to the democratic quality of Nicaraguan elections'';
Whereas during the 2011 general elections in Nicaragua, the Mission of Electoral
Accompaniment of the Organization of American States noted several
``situations of concern'', including problems providing identification
cards to voters, the accreditation of observers, and imbalances in the
political parties present at polling stations;
Whereas the Organization of American States called upon Nicaraguan authorities
to investigate acts of violence perpetrated on election day; and
Whereas as a member of the Organization of American States and signatory to the
Inter-American Democratic Charter, the Nicaraguan Government has the
legal responsibility to abide by the principles of constitutional,
representative democracy, which includes free and fair elections and
adherence to their own constitution: Now, therefore, be it
Resolved, That the Senate--
(1) supports the democratic aspirations of the people of
Nicaragua;
(2) deplores the interruption of constitutional order in
Nicaragua that led to the fraudulent reelection of Daniel
Ortega on November 6, 2011, elections;
(3) condemns the acts of violence perpetrated on election
day and calls upon Nicaraguan authorities to fully investigate
and prosecute those responsible;
(4) urges President Barack Obama and Secretary of State
Hillary Clinton to take immediate and meaningful measures to
encourage the restoration of constitutional rule in Nicaragua,
including opposing loans by international financial
institutions to the Nicaraguan Government;
(5) urges the immediate issuance of a final report on the
Mission of Electoral Accompaniment of the Organization of
American States, including a detailed report on constitutional
irregularities impacting the preelectoral phase in Nicaragua;
and
(6) urges the United States Ambassador to the Organization
of American States to lead an effort to use the full power of
the organization in support of meaningful steps to restore
democracy and the rule of law in Nicaragua in accordance to the
Inter-American Democratic Charter, including formally
suspending the Nicaraguan Government under Articles 20 and 21
of the Inter-American Democratic Charter.
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