[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 344 Reported in Senate (RS)]

                                                       Calendar No. 346
112th CONGRESS
  2d 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, Mr. Menendez, and Mr. Coons) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

                             March 28, 2012

   Reported by Mr. Kerry, with an amendment and an amendment to the 
                                preamble
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               RESOLUTION


 
  Supporting the democratic aspirations of the Nicaraguan people and 
   calling attention to the deterioration of constitutional order in 
                               Nicaragua.

<DELETED>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
</DELETED>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;
Whereas on January 25, 2012, Secretary of State Hillary Clinton stated that 
        ``the elections marked a setback to democracy in Nicaragua and 
        undermined the ability of Nicaraguans to hold their government 
        accountable''; and
Whereas as a member of the Organization of American States and signatory to the 
        Inter-American Democratic Charter, the Government of Nicaragua 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, <DELETED>That the Senate--
        <DELETED>    (1) supports the democratic aspirations of the 
        people of Nicaragua;</DELETED>
        <DELETED>    (2) deplores the interruption of constitutional 
        order in Nicaragua that led to the fraudulent reelection of 
        Daniel Ortega on November 6, 2011, elections;</DELETED>
        <DELETED>    (3) condemns the acts of violence perpetrated on 
        election day and calls upon Nicaraguan authorities to fully 
        investigate and prosecute those responsible;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
    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) mourns the victims of act of violence perpetrated on 
        election day and calls upon Nicaraguan authorities to fully 
        investigate and prosecute those responsible;
            (4) urges President Barack Obama, Secretary of State 
        Hillary Clinton, and Secretary of the Treasury Timothy Geithner 
        to take immediate and meaningful measures to encourage the 
        restoration of constitutional rule in Nicaragua, including 
        withholding waivers under section 7031(b) of the Consolidated 
        Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 786);
            (5) notes the rapid issuance of a final report by the 
        Mission of Electoral Accompaniment of the Organization of 
        American States;
            (6) welcomes the January 25, 2012, statement on the 
        democratic conditions in Nicaragua by Secretary of State 
        Clinton;
            (7) urges the Organization of American States to issue a 
        detailed report on constitutional irregularities impacting the 
        preelectoral phase in Nicaragua;
            (8) urges the United States Ambassador to the Organization 
        of American States to work in concert with other member States 
        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 with the Inter-American Democratic 
        Charter, including invoking articles related to 
        unconstitutional interruptions of the democratic order in a 
        member State; and
            (9) urges the United States Ambassador to the Organization 
        of American States to work in concert with other member States 
        to strengthen the ability of the Organization to protect 
        democratic institutions and to respond to the erosion of 
        democracy in member States.




                                                       Calendar No. 346

112th CONGRESS

  2d Session

                              S. RES. 344

_______________________________________________________________________

                               RESOLUTION

  Supporting the democratic aspirations of the Nicaraguan people and 
   calling attention to the deterioration of constitutional order in 
                               Nicaragua.

_______________________________________________________________________

                             March 28, 2012

      Reported with an amendment and an amendment to the preamble