[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.
                                 <all>