    [House Hearing, 116 Congress]
    [From the U.S. Government Publishing Office]

                         CRUSHING DISSENT: THE ONGOING
                              CRISIS IN NICARAGUA

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                SUBCOMMITTEE ON
              THE WESTERN HEMISPHERE, CIVILIAN SECURITY, AND TRADE

                                     OF THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                         ONE HUNDRED SIXTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 June 11, 2019

                                   __________

                               Serial No. 116-45

                                   __________

            Printed for the use of the Committee on Foreign Affairs

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

    Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov,

                               or www.govinfo.gov

                                   __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    36-567PDF                  WASHINGTON : 2019

    --------------------------------------------------------------------------------------

                          COMMITTEE ON FOREIGN AFFAIRS

                       ELIOT L. ENGEL, New York, Chairman

    BRAD SHERMAN, California             MICHAEL T. McCAUL, Texas, Ranking
    GREGORY W. MEEKS, New York               Member
    ALBIO SIRES, New Jersey		     CHRISTOPHER H. SMITH, New Jersey
    GERALD E. CONNOLLY, Virginia         STEVE CHABOT, Ohio
    THEODORE E. DEUTCH, Florida	     JOE WILSON, South Carolina
    KAREN BASS, California		     SCOTT PERRY, Pennsylvania
    WILLIAM KEATING, Massachusetts	     TED S. YOHO, Florida
    DAVID CICILLINE, Rhode Island	     ADAM KINZINGER, Illinois
    AMI BERA, California		     LEE ZELDIN, New York
    JOAQUIN CASTRO, Texas		     JIM SENSENBRENNER, Wisconsin
    DINA TITUS, Nevada		     ANN WAGNER, Missouri
    ADRIANO ESPAILLAT, New York          BRIAN MAST, Florida
    TED LIEU, California		     FRANCIS ROONEY, Florida
    SUSAN WILD, Pennsylvania	     BRIAN FITZPATRICK, Pennsylvania
    DEAN PHILLPS, Minnesota	             JOHN CURTIS, Utah
    ILHAN OMAR, Minnesota		     KEN BUCK, Colorado
    COLIN ALLRED, Texas		     RON WRIGHT, Texas
    ANDY LEVIN, Michigan		     GUY RESCHENTHALER, Pennsylvania
    ABIGAIL SPANBERGER, Virginia	     TIM BURCHETT, Tennessee
    CHRISSY HOULAHAN, Pennsylvania       GREG PENCE, Indiana
    TOM MALINOWSKI, New Jersey	     STEVE WATKINS, Kansas
    DAVID TRONE, Maryland		     MIKE GUEST, Mississippi
    JIM COSTA, California
    JUAN VARGAS, California
    VICENTE GONZALEZ, Texas

                        Jason Steinbaum, Staff Director
                  Brendan Shields,  Republican Staff Director

                                     ------

      Subcommittee on the Western Hemisphere, Civilian Security, and Trade

                       ALBIO SIRES, New Jersey, Chairman

    GREGORY W. MEEKS, New York           FRANCIS ROONEY, Florida,
    JOAQUIN CASTRO, Texas                  Ranking Member
    ADRIANO ESPAILLAT, New York	     CHRISTOPHER H. SMITH, New Jersey
    DEAN PHILLIPS, Minnesota             TED S. YOHO, Florida
    ANDY LEVIN, Michigan	     	     JOHN CURTIS, Utah
    VICENTE GONZALEZ, Texas	     	     KEN BUCK, Colorado
    JUAN VARGAS, California	     	     MIKE GUEST, Mississippi

                          Sadaf Khan, Staff Director

                               C O N T E N T S

                                  ----------
                                                                       Page

                     OPENING STATEMENT FROM CHAIRMAN SIRES

    Hon. Albio Sires, Chairman of the subcommittee...................     3

                                   WITNESSES

    Vivanco, Jose Miguel, Executive Director, Americas Division,
      Human Rights Watch.............................................     9
    Maradiaga, Felix, Executive Director, Institute for Strategic
      Studies and Public Policies....................................    16
    Ponce, Carlos, Director, Latin American Programs, Victims of
      Communism Memorial Foundation..................................    22

                                    APPENDIX

    Hearing Notice...................................................    42
    Hearing Minutes..................................................    43
    Hearing Attendance...............................................    44

                      INFORMATION SUBMITTED FOR THE RECORD

    Amnesty International letter submitted for the record from
      Representative Rooney..........................................    45

                RESPONSES TO QUESTIONS SUBMITTED FOR THE RECORD

    Responses to questions submitted for the record from
      Representative Espaillat.......................................    49

                         CRUSHING DISSENT: THE ONGOING.
                              CRISIS IN NICARAGUA

                             Tuesday, June 11, 2019

                            House of Representatives

                      Subcommittee on Western Hemisphere,

                          Civilian Security and Trade

                          Committee on Foreign Affairs

                                         Washington, DC

        The committee met, pursuant to notice, at 10:04 a.m., in
    room 2172 Rayburn House Office Building, Hon. Albio Sires
    (chairman of the subcommittee) presiding.
        Mr. Sires. This hearing will come to order. This hearing,
    titled, ``Crushing Dissent: The Ongoing Crisis in Nicaragua,''
    will highlight the human rights situation in Nicaragua and the
    United States policy options to address the ongoing political
    crisis there.
        Without objection, all members may have 5 days to submit
    statements, questions, extraneous materials for the record,
    subject to the length limitation in the rules. I will now make
    an opening statement and then turn it over to the ranking
    member for his opening statement.
        Good morning, everyone. Thank you to our witnesses for
    being here today to discuss the deeply concerning crisis in
    Nicaragua.
        Since April 2018, protests against the government of
    President Daniel Ortega have been met with brutal oppression.
    While the protests began in response to a proposed social
    security reform, they came to represent much broader discontent
    with Ortega's authoritarian leadership. Security officials and
    armed thugs under the command of Ortega responded by shooting
    at unarmed protesters, leaving more than 320 people dead with
    2,000 injured and hundreds arbitrarily detained.
        Civil society groups estimated there were over 700
    political prisoners earlier this year. I understand that this
    morning, more than 50 political prisoners were released and as
    many as 520 have been freed in recent months. However, we must
    remember that these individuals should never have been jailed
    in the first place. Moreover, many remain under house arrest
    and are being denied the right to participate in politics and
    continue speaking out against this repressive regime.
        An independent panel of experts appointed by the Inter-
    American Commission on Human Rights conducted a field visit
    following the protests last year. These experts concluded that
    Ortega's government intentionally used lethal weapons against
    protesters in what amounted to crimes against humanity. I have
    heard firsthand from Nicaraguan activists including some
    Nicaraguan Americans who told me they were tortured while in
    government custody. Some say they were tortured by Cuban
    officials working in coordination with the Ortega regime.
        On May 16th, an American citizen, Eddy Montes, was shot and
    killed in a prison near Managua. We should demand
    accountability for the killing of Mr. Montes and for all those
    Nicaraguans who have been victims of human rights violation.
    Unfortunately, the blanket amnesty bill passed by Nicaragua's
    Congress over the weekend represents a huge step in the wrong
    direction as it would formally absolve the worst human rights
    violators of their crimes.
        While the last year has seen an increase in State violence,
    it is important to highlight that the situation in Nicaragua
    has been deteriorating for many years. I have been working with
    colleagues here to sound the alarm about the authoritarian
    slide taking place under Ortega and increase awareness about
    what is happening in Nicaragua.
        Last Congress, I co-sponsored a bill with my good friend
    from Florida, Chairman Emeritus of the Foreign Affairs
    Committee, Ileana Ros-Lehtinen, to pass the Nicaragua Human
    Rights and Anticorruption Act of 2018. The NICA Act requires
    the United States to vote against loans from international
    financial institutions to Nicaragua. It also authorizes the
    President to impose visa restrictions and block the foreign
    assets of individuals responsible for human rights violations
    or acts of corruption.
        We must send a clear message that we stand shoulder to
    shoulder with the people of Nicaragua. Nicaragua is the second
    poorest country in the Western Hemisphere and the political
    crisis has only worsened the suffering of many Nicaraguans. The
    people of Nicaragua deserve far better than this. I hope that
    today we can explore ways for the U.S. Congress to do more to
    support the Nicaraguan people in their quest for dignity,
    economic opportunity, and fundamental human rights.
        Thank you, and I now turn to the ranking member for his
    opening statement.
        [The prepared statement of Mr. Sires follows:]

        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Rooney. Well, thank you, Mr. Chairman. And I would like
    to thank Chairman Sires for calling this very important hearing
    and to bring attention to what is going on in Nicaragua. I know
    much attention has been focused on Venezuela, but we need to
    let people know that a similarly destructive climate exists in
    Nicaragua.
        Last year, public anger over President Daniel Ortega's rule
    led to widespread protests that left over 300 civilians dead.
    Recent attempts by local groups like the Alianza, the United
    States, the OAS, and the broader international community to
    mediate a transition to democracy are struggling to yield
    results. I am concerned that the recent discussions to release
    political prisoners are delay and distracting moves, and the
    releases of today prove that because these people are not free,
    they are released to house arrest as the chairman mentioned.
        After being elected in 2006, Ortega used his corruption and
    intimidation to consolidate power for himself and the
    Sandinistas. He has eliminated Presidential term limits,
    removed the 35 percent vote threshold required to win the
    presidency, and has made it illegal for lawmakers to vote
    against their own party, thus paving the way to a complete and
    indefinite control over the Sandinista Party.
        Obliterating democratic norms, Ortega has made moves to
    shore up his own support among the public. Over time, he has
    implemented social welfare programs to benefit the country's
    poor, ostensibly, policies he claims are reducing poverty and
    raising incomes by providing government subsidies and services
    to the Nicaraguan public--sure sounds like Venezuela to me--
    nonetheless, Nicaragua remains the second poorest country in
    the hemisphere.
        While at one point, Ortega recognized the importance of
    accommodating the business sector and nurturing the economy in
    Nicaragua, he has backtracked on this now and many, many jobs
    have been taken away and unemployment is rising. Ortega's
    antidemocratic rule has created a crisis plaguing Nicaragua.
    Until a few years ago, he was content, like I said, to let
    business operate, but once he moved to insulate his rule and
    bring his wife, Rosario Murillo, his vice president, into the
    2016 election process, he reversed course.
        In 2018, public discontent came to a head after Ortega
    planned to reduce social welfare benefits. Additional social
    reforms sparked protests throughout Nicaragua and have led to
    complaints of government mismanagement and corruption. Ortega
    responded with violence and intimidation, leaving over 300 dead
    and hundreds of peaceful protesters in prison. In August 2018,
    the annual United Nations High Commissioner for Human Rights
    Report outlined widespread human rights abuses by the
    Nicaraguan Government. Those include extrajudicial killings,
    forced disappearances, torture, and the suppression of the
    rights of peaceful assembly and free expression. The OAS
    further reported in December 2018 that these violations by
    government forces constituted crimes against humanity.
        Despite coordinated efforts by the United States and a host
    of regional and international bodies to mediate the conflict,
    the Ortega regime has been able to maintain its control over
    Nicaragua. Talks between the government and the opposition have
    yet to bring any progress. The Trump administration and
    Congress have both responded strongly to the crisis with the
    implementation of personal sanctions and visa restrictions
    against Ortega, his family, and various Nicaraguan officials
    responsible for the violations of human rights. These are
    important maneuvers, and my understanding is they have had some
    significant, positive results.
        We need to do more. Moving forward, we must present a clear
    strategy in coordination with our partners and allies to exert
    maximum pressure on the Ortega regime, while also trying to
    alleviate the suffering of the Nicaraguan people. The United
    States must continue to show leadership within the OAS, and the
    OAS has passed resolutions condemning the government's use of
    violence and reaffirming the Hemisphere's collective concern
    over the deterioration of democratic institutions and human
    rights in Nicaragua.
        We must do more to pressure the Ortega regime to adopt
    electoral and judicial reforms and to bring about free and fair
    elections. The United States must maintain support for
    democratic actors in Nicaragua and encourage them to somehow or
    another become more effective than they may have been recently.
    We face unprecedented challenges in the Western Hemisphere.
    Among the most critical is the ongoing crisis in Nicaragua.
        These challenges, including the crisis in Venezuela, show
    corrupt leaders like Daniel Ortega that the United States will
    not stand by while legitimate regimes crush democracy and
    enrich themselves at the expense of their own people. We need
    to expand and strengthen the personal sanctions, limit Ortega's
    ability to exert influence in the rest of Central America and
    support opposition groups and try to help them become more
    effective in countering the Ortega regime within the country.
        Once again, I want to thank Chairman Sires for holding this
    important hearing and look forward to hearing from these
    important witnesses today.
        Mr. Sires. Thank you very much, Ranking Member Rooney.
        Let me introduce, first, Mr. Jose Miguel Vivanco, director
    of Human Rights Watch Americas Division and an expert on Latin
    America. He previously worked as an attorney for the Inter-
    American Commission on Human Rights. In 1990, he founded the
    Center for Justice and International Law.
        We will then hear from Mr. Felix Maradiaga, executive
    director at the Institute for Strategic Studies and Public
    Policy. In 2007, he founded the Civil Society Leadership
    Institute which trains leaders in Central America on
    nonviolence and civic engagement. In 2018, he was accused,
    without evidence, by the Nicaraguan government of financing
    terrorism under a new law that has been used repeatedly by
    Ortega's government to silence activists and dissidents.
        Finally, we will hear from Dr. Carlos Ponce, director of
    Latin American programs at the Victims of Communism Memorial
    Foundation. Dr. Ponce has 28 years of experience in the field
    of governance, rule of law, civil society and development,
    advocacy for human rights, and democracy empowerment in Latin
    America. Most recently, he was regional director of Latin
    America and the Caribbean at the Freedom House.
        Thank you all for being here. I ask the witnesses to please
    limit your testimony to 5 minutes. Without objection, your
    prepared written statements will be made a part of the record.
    Thank you so much for being here today.
        And, Mr. Vivanco, I will turn to you for your testimony.

    STATEMENT OF JOSE MIGUEL VIVANCO, EXECUTIVE DIRECTOR, AMERICAS
                      DIVISION, HUMAN RIGHTS WATCH

        Mr. Vivanco. Thank you very much, Mr. Chairman. Thank you,
    Ranking Member Rooney and members of this committee for
    inviting me, the subcommittee for inviting me to testify on
    Nicaragua's human rights record.
        In April 2018, massive antigovernment protests broke out
    across Nicaragua. Police, in coordination with armed, pro-
    government groups brutally repressed protesters. In the context
    of demonstrations, more than 300 people were killed and more
    than 2,000 were seriously injured. Many of the people detained
    during the crackdown were subject to serious abuses that in
    some cases amounted to torture, including electric shocks,
    severe beatings, nail removal, asphyxiation, and rape.
        Authorities' abuses of protester remain unpunished.
    Moreover, President Ortega promoted top officials who bear
    responsibility for the abuses. The government has also
    threatened, harassed, expelled, jailed those who expose its
    abuses including independent journalists, human rights
    defenders, international monitors, and NGO's. Several of the
    human rights defenders and journalists targeted during the
    crackdown have been longstanding critics of Ortega and have
    already been victims of harassment before the protest started.
        Since the beginning of the protest, Nicaragua's police and
    armed pro-government groups have operated jointly to detain
    hundreds of demonstrators. Armed pro-government groups have
    also abducted many people, at times holding them in secret
    detention facilities. On March 20, 2019, the Nicaraguan
    Government agreed to release all people detained in the context
    of the protests by June 18 and to drop the charges against them
    in an effort to persuade international community, and
    particularly the U.S. Government, to lift sanctions against
    them.
        Human rights defenders and other critics of the government
    have increasingly become the targets of death threats,
    harassment, judicial persecution, and even expulsion from the
    country. Between November 29 and December 13, 2018, Nicaragua's
    Congress has stripped nine non-governmental organizations of
    their legal registration, effectively forcing them to shut
    down. Congressman Filiberto Rodriguez of the ruling party
    introduced the motions of stripping them of registration at the
    request of Interior Ministry.
        On the night of December 13, the national police raided
    five of these organizations, confiscating many documents and
    computers. The NGO shutdowns were followed by criminal charges
    against prominent human rights defenders and the expulsion of
    Inter-American Human Rights Commission and previously the
    representatives of the High Commissioner for Human Rights.
    Since April 18 of last year, police and armed pro-government
    groups have harassed, intimidated, assaulted, and detained
    journalists.
        Two foreign journalists reporting on the crackdown were
    deported in August and October of last year. The government has
    shut down critical news channels. Since April 2018, 56
    Nicaraguan journalists have gone into exile. According to
    United Nations High Commissioner for Refugees, more than 60,000
    Nicaraguans have fled the country since the protest began in
    April 2018, with the majority, 55,000 of them, seeking refuge
    in Costa Rica.
        We support the application of the Global Magnitsky Act in
    July 2018 and December 2018, when the U.S. Treasury Department
    imposed sanctions on five Nicaraguans implicated in human
    rights abuses and corruption, including national police
    commissioner Francisco Diaz and also Vice President Rosario
    Murillo. The Nicaraguan Human Rights and Anticorruption Act,
    NICA Act, passed on December 20th of 2018, expanded on the
    Global Magnitsky Act to allow the U.S. Government to take
    additional action against egregious human rights abuses taking
    place in Nicaragua. We urge Congress to consider its immediate
    implementation against human rights abusers in Nicaragua who
    have yet to be held accountable and look forward to working
    with you on these efforts.
        My last remarks are going to be related to the amnesty
    legislation, amnesty law that was passed this week in
    Nicaragua. On June 8, the Nicaragua National Assembly passed a
    broad amnesty law for crimes committed in the context of
    antigovernment protest. The recent release of over 150 people
    who were arrested during the protest shows that the law is not
    necessary to release the political prisoners who are still
    behind bars. On the contrary, the law could be used to benefit
    officers responsible for abuses.
        The law indicates that crimes, ``regulated in international
    treaties, ratified by Nicaragua,'' will be excluded by the
    amnesties. Yet, given lack of judicial independence in
    Nicaragua, there is a serious risk that the law will be used to
    consolidate impunity that officers responsible for serious
    abuses in the country have enjoyed today.
        According to the Office of the U.N. High Commissioner for
    Human Rights, the available information indicates that only one
    member of the armed pro-government groups, only one member of
    those kinds of groups has been convicted for crimes documented
    by the High Commissioner Human Rights Office of United Nations,
    and not a single police officer is being investigated for these
    atrocities. Not a single police officer of the Nicaraguan
    police has been investigated, prosecuted, or charged for
    atrocities committed in violation of human rights last year and
    the current year.
        The law provides, finally, that people who engage in new
    crimes will have their amnesty revoked. Given the government's
    record of prosecuting critics, there is a risk that this
    provision will be misused to persecute former political
    prisoners who continue to criticize the government, the
    dictatorship of Ortega, after they are released.
        Thank you very much, Mr. Chairman.
        [The prepared statement of Mr. Vivanco follows:]

        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Sires. Thank you.
        Mr. Maradiaga, you are now recognized for testimony.

    STATEMENT OF FELIX MARADIAGA, EXECUTIVE DIRECTOR, INSTITUTE FOR
                 STRATEGIC STUDIES AND PUBLIC POLICIES

        Mr. Maradiaga. Good morning, Mr. Chairman and members of
    this subcommittee, it is an honor to be here today. Chairman
    Sires, thank you for paying a special attention to the very
    serious situation in Nicaragua.
        Since his return to power in 2006, Daniel Ortega has taken
    over Nicaragua's institutions to remain in power, causing
    widespread corruption, human rights abuses, and a collapsing
    economy. Ortega and his inner circle constitute the clear and
    present danger not only to the people of Nicaragua, but also to
    the entire hemisphere. In the face of this, Nicaraguans have
    joined together to restore liberty, justice, and democracy.
        In April 2018, Nicaraguans from all walks of life joined
    pro-democracy protest demanding respect for human rights, the
    resignation of Ortega, and early, free, and internationally
    monitored elections. The response was a brutal government
    crackdown on protesters that caused the death of over 300
    civilians. Talks between the regime and the opposition have
    repeatedly failed.
        In May of this year, negotiations were suspended as a
    result of the assassination of political prisoner Eddy Montes,
    a U.S. Navy veteran with dual citizenship who was retired in
    Nicaragua. His killing inside the notorious La Modelo prison
    outraged Nicaraguans because he was shot by prison guards with
    an AK-47 while unarmed.
        Ortega has violated preliminary agreements. Instead, his
    regime continues to perpetrate human rights violations
    including extrajudicial killings, torture, sexual abuse of
    prisoners, arbitrary detention, and other crimes against
    humanity. These violations make it increasingly difficult for
    the opposition to resume negotiations. The regime continues to
    persecute citizens who actively participated in the protests,
    causing an unprecedented exodus of refugees not seen since the
    Nicaraguan civil war of the 1980's.
        Over 100,000 people have fled the country since the
    conflict began. The vast majority remains in Costa Rica under
    dire conditions. Although the response of the Government of
    Costa Rica has been admirable, the international community has
    ignored that there is a humanitarian crisis of Nicaraguan
    refugees in Costa Rica. We have also seen an increase of
    Nicaraguans escaping from political persecution and seeking
    asylum in the United States. Their need for asylum is
    legitimate and they will face certain death or incarceration if
    they return.
        At least 2,000 people have been imprisoned for
    participating in anti-Sandinista protest, and while most of
    them have been released on house arrest due to national and
    international pressure, many remain in arbitrary detention. The
    regime continues to use human beings as bargaining chips. An
    additional 200 activists, myself included, have arrest warrants
    under bogus charges.
        Ortega controls the national police who report directly to
    him and his wife. In the case of the military, once Ortega rose
    to power, he sent generals that were considered professional
    into early retirement and promoted those that were loyal to
    him.
        Despite immense personal risks, the people of Nicaragua
    continue to struggle for democratic change. All forms of
    peaceful protest have been prohibited. Sandinista paramilitary
    constantly intimidate members of the opposition, all major
    cities are militarized, Nicaragua is now a police State. We,
    the Nicaraguan people, are fighting for our freedom. We are not
    asking the international community to solve our problems, but
    since our struggle is nonviolent, we need robust, international
    support in the form of targeted sanctions against human rights
    violators.
        We also need the swift implementation of the Nicaragua
    Human Rights and Anticorruption Act, the NICA Act. Without such
    support, Nicaragua is doomed to become another Venezuela.
    Effective international pressure requires coordinated action by
    key allies in the Western Hemisphere. It is unacceptable that
    some member States of the Organization of American States are
    supporting the tyranny of Ortega. The application of the Inter-
    American Democratic Charter is imperative to achieve democracy
    in Nicaragua.
        Ortega is a relic of the cold war and just like the
    Communist Party of Cuba and Nicolas Maduro in Venezuela, he
    embodies a legacy of oppression against dignity. The Nicaraguan
    people are ready for a new path. Last year, over 40
    organizations from civil society and diverse political
    movements agreed on a common manifesto of national unity. This
    pro-democracy movement is ready to build a new Nicaragua. Your
    democratic solidarity will be instrumental in helping us
    achieve the freedom Nicaraguans deserve.
        Thank you.
        [The prepared statement of Mr. Maradiaga follows:]

        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Sires. Thank you.
        Dr. Ponce, you are now recognized.

     STATEMENT OF CARLOS PONCE, DIRECTOR, LATIN AMERICAN PROGRAMS,
                VICTIMS OF COMMUNISM MEMORIAL FOUNDATION

        Mr. Ponce. Thanks, Mr. Chairman Sires and Ranking Member
    Rooney and other members. Thanks for keeping an eye on
    Nicaragua. Nicaragua is also on the map. It is not only about
    Venezuela, it is also Nicaragua, and the solution needs to set
    Nicaragua, Cuba, and Venezuela free. The massive popular
    uprising with youth/peasant/autoconvocados claiming democracy
    in Nicaragua last year was not a random political situation.
    The crisis has been in the making for decades. Daniel Ortega's
    failed Sandinista revolution, corruption, and economic disaster
    from 1971 to 1990, along with the negotiation of the
    international community that forced the autocrat to organize
    the first democratic election in 1990. That was the first time
    in 58 years that Nicaragua had a democratic elected government.
    Finally, Daniel Ortega was defeated after 11 years in power at
    that time.
        But Daniel Ortega continued his obsession with power. He
    was the candidate at the election in 1990, 1996, 2001, and he
    received only 30 percent of the votes in each one of those
    elections. But he became a major force behind an obstruction
    for the democratic government to rule the country. The
    corruption also from some of the governments that rule
    Nicaragua, particularly Aleman, drove Daniel Ortega into power
    again. The division of the principal political party allowed
    Daniel Ortega to win in 2006 only with 38 percent of the vote.
    Then the pact became in force between Aleman and Daniel Ortega
    allowing Daniel Ortega to control all the institutions, and to
    control the parliament. Only with 30 percent of the vote,
    Daniel Ortega controlled the parliament, controlled the
    judiciary, and became the force of change in Nicaragua. He
    controlled all the institutions and he began a process to re-
    elect himself. After numerous pressures against the regime, it
    agreed to have some negotiation for changing electoral rules in
    2016, but he never fulfilled that commitment.
        So Daniel Ortega continued with his obsession with power.
    He has been ruling Nicaragua for 24 years and he has been in
    the opposition and ruling the country directly for four
    decades. After 30 years of in power, Daniel Ortega, dismantled
    the institutions, some groups began to organize themselves.
    Daniel Ortega's obsession with power led him to take control of
    some of the land to promote the inter-oceanic Canal. That
    forced the campesinos movement to begin a movement against
    Daniel Ortega, a revolt that became popular among Nicaraguans,
    and Daniel Ortega simply crushed the movement at that time.
        But the youth begins to feel there was no alternative for
    Nicaragua, and last year, after a major environmental crisis
    with the Parque el Indio and then with Daniel Ortega's effort
    to dismantle the social security, increasing social security
    tax and reducing benefits, Daniel Ortega created a major
    crisis. That crisis forced the youth movement to go to the
    streets and begin a massive demonstration and Daniel Ortega
    just crushed the demonstrations and began to kill students,
    youth, campesinos, and demonstrators using his militias and the
    police directly engaged in violence in the rest of the country.
        By that time, Ortega felt that he needed to negotiate and
    he called for a negotiation with the youth and the campesinos
    and he failed in his word for change in the situation in the
    country. Daniel Ortega has been manipulating the country and
    offering negotiations for many years. None of the opportunities
    in which Daniel Ortega offered negotiation has been working.
    Now Daniel Ortega is seeing 2021 as an opportunity. But if we
    allow Daniel Ortega to manipulate a negotiation and run again,
    Daniel Ortega will win the next election in 2021.
        Daniel Ortega has been supported by the business chamber
    (COSEP) and by the members of the private sector, so they need
    to get on board for a change, a real change in Nicaragua. We
    need to increase the pressure against the regime in Nicaragua.
    Even though the U.S. administration has been imposing sanctions
    against some of the members of regime, the family of Daniel
    Ortega, it has been only eight sanctions in all this time. And
    the NICA Act is not being implemented, waiting for some
    negotiation with Daniel Ortega.
        Unless we increase the pressure against Daniel Ortega's
    inner circle and his family, unless we begin to put pressure in
    the police and the military to increase the sanctions against
    them to motivate them to be a force of change, unless we create
    a major commitment from the rest of the country and the region
    to also impose sanctions against the regime, and also monitor
    the situation with the Organization of American States to
    prevent a bad negotiation with the regime, they are not going
    to bring an electoral change.
        But an electoral change is not going to bring a change into
    the country because the country will not change unless Ortega
    is taken out of power. And for an open, free, and democratic
    election, Ortega cannot be a candidate and cannot be in place
    when that election happen. We need to implement the NICA Act. I
    believe that Congress has an opportunity right now to force a
    change in Nicaragua with more sanctions and put in pressure for
    the regime to open the doors, not for a house arrest. It is
    time for Nicaragua to be free. Thank you.
        [The prepared statement of Mr. Ponce follows:]

        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Sires. Thank you, Dr. Ponce.
        Now we will go to questions. You know, I was one of the
    sponsors, with Ileana Ros-Lehtinen, of the NICA Act, and
    obviously this effort was to reduce Ortega's access to foreign
    finance and impose sanctions on Nicaraguan officials
    responsible for human rights violation.
        I guess, Dr. Ponce, you do not believe that the NICA Act
    has been effective or--I wonder, what do you think, Dr. Ponce?
        Mr. Ponce. Yes. I believe that the NICA Act is effective,
    but we need to implement the NICA Act in full, not only eight
    sanctions. I believe we need to increment the pressure against
    the regime. We need to bring, also, members of the police into
    our sanction process. We need to include members of the
    military and some of the members of the business sector that
    have been collaborating with the Ortega regime.
        My view is that the Ortega regime has been using the
    negotiation to stop the sanction, trying to negotiate,
    liberating some--well, house arrest of some prisoners, and
    leaving the situation. Remember that Daniel Ortega has a close
    relationship also with Venezuela. Venezuela gave Daniel Ortega
    five billion dollars with Albanisa and other charities, so it
    is a country with all this problem involved.
        Mr. Sires. Mr. Vivanco?
        Mr. Vivanco. Mr. Chairman, the regime in Nicaragua is, I
    think, is fair to characterize, today, the government as a
    dictatorship and it is run by Mr. Ortega and his wife, the vice
    president. Based on the record of Ortega, it seems to me that
    Nicaragua is run today by a politician who is essentially a
    transactional one, somebody who might change his record based
    on the pressure exercised on him and his government, locally as
    well as by international community.
        I do believe that the Global Magnitsky law is a fantastic
    instrument to exercise pressure, not only on Nicaragua but a
    global level. And the fact that few members of that
    administration has been targeted last year is extremely
    important. Now last year, also, you passed a specific
    Magnitsky, or NICA Act for Nicaragua and that one is the law
    that is still pending for application. We do believe that the
    only way to make some meaningful progress in terms of
    transition to democracy in Nicaragua and respect for
    fundamental freedoms and human rights depends on in many ways
    on the international pressure and particularly the
    implementation of the specific NICA Act. Thank you.
        Mr. Sires. Mr. Maradiaga?
        Mr. Maradiaga. Mr. Chairman, one of the lessons learned
    from nonviolent movements around the world is that they can
    only be effective with robust international support. In this
    regard, the NICA Act is a fantastic example of how the
    international community can support such movements. And as Mr.
    Vivanco and Dr. Ponce has emphasized, this is a fantastic tool
    that has not been fully implemented.
        In addition to the NICA Act, it is important to emphasize
    the importance of coordination in the Western Hemisphere. I
    would like to highlight the fact that countries such as
    Honduras and Guatemala, for example, have been, in effect,
    blocking many of the activities inside the Organization of
    American States. We have other examples, the Government of
    Taiwan, for example, have provided a lifeline to the regime of
    Ortega of over $100 million.
        So it is not only the action of the United States, but we
    request the coordinated action of those countries that regard
    themselves as part of the free world; however, their actions
    are not compatible to what they are doing toward the Ortega
    regime.
        Mr. Sires. Thank you.
        Ranking Member Rooney.
        Mr. Rooney. Thank you, Chairman Sires. I appreciate that.
        I would like to ask Dr. Ponce first about your assessment.
    Given the fact you noted the need for more effective sanctions,
    what is your assessment of the opposition, their unity, their
    ability to bring about a democratic transition? Start with Dr.
    Ponce and then the others.
        Mr. Ponce. What we see in Cuba, Venezuela, Nicaragua is a
    dictatorship manual. They apply the same. They divided
    opposition by the opposition because some of the members of
    COSEP has been in bed with the regime, just because there is a
    golden opportunity or was a golden opportunity with $5 billion
    from Venezuela, with all the corruption, so it was a good
    opportunity.
        And some of the members of the opposition has been divided
    and some of them, the success with the pact with Aleman gave
    power to Daniel Ortega again. Daniel Ortega learned the lesson
    and he has been applying that. He even became Catholic,
    Evangelical, whatever. He has been transforming himself. He is
    a powerful guy and he will not leave power.
        The thing with the opposition, they need--yes, they are
    going to be divided. They are going to need to help also to
    consolidate the power in the countryside. We need to help the
    campesinos movement to become a major force. We need to help
    the youth to be more active again in Nicaragua and consolidate
    power in the countryside. We need to help the opposition also
    to consolidate political parties that are going to defeat all
    the forces behind Daniel Ortega in 2021. Daniel Ortega is
    organizing everything for 2021, but opposition is fighting
    against themselves. So it is an opportunity to strengthening.
        Mr. Rooney. If I might, you make an interesting point. I
    have heard from some people that I know there that the
    popularity of Ortega is much less outside of Managua and maybe
    Granada, and maybe is there an opportunity to exploit that?
        Mr. Ponce. We have several tools. Congress has been
    increasing the budget for Nicaragua, for democracy in
    Nicaragua. We have the sanctions in our hands. So is it time to
    implement those tools to support political parties, to support
    Alianza, to support the campesinos, to support the faith-based
    groups and the youth and the autoconvocados to begin a force in
    Nicaragua in the whole country.
        Mr. Rooney. OK.
        Professor Maradiaga? Also, can you also comment about this
    Taiwan thing? Imagine, if anybody needs a friend like the
    United States, you would think it would be Taiwan. I mean we
    need to just focus on that one more time if they gave all that
    money to Nicaragua.
        Mr. Maradiaga. Indeed. And that is an example of the double
    standards. It is very unfortunate. And with this Taiwan loan
    and some other similar support from the inter-American bank of
    integration, and also from the support of South Korea,
    basically Mr. Ortega has a liquidity for the rest of this year.
    So many of the efforts that the OAS is doing, that the U.S.
    Government is doing in a way are affected by this double
    standard. So that is why my emphasis on coordination, it is
    important.
        A comment on the opposition and I agree with Dr. Ponce, the
    manual is the same. These regimes have the mechanisms to make
    it close to impossible for the opposition to participate and
    that is why opposition, it is, I wouldn't say divided, but it
    is very difficult to function under political persecution,
    under arbitrary arrest, so there are some opposition members
    that pick tactics that are low risk in order to remain in the
    country.
        There are some other members of the opposition, myself
    included, that have taken some other risks and that is why we
    are in exile. Some of us are in prison. And the only solution
    to move toward a new path is to restore basic freedoms so a
    robust opposition can organize in Nicaragua.
        Mr. Rooney. OK.
        Dr. Vivanco?
        Mr. Vivanco. I am sorry. I do not have any comments about
    the unity of the opposition in Nicaragua.
        Mr. Rooney. Here, in the last couple of seconds then that I
    have, does anyone have any comment about the realistic
    opportunities we may have to strengthen this opposition then
    and the risk, the odds of their success?
        Dr. Ponce or Dr. Maradiaga?
        Mr. Maradiaga. The people of Nicaragua see Ortega as a
    tyrant of the past. And some people do not believe in the
    polls, but Ortega was quite popular some years ago, precisely
    because of five billion dollars is an amount that is
    unprecedented in Nicaragua history for a country of six million
    people, so he was able to do some stuff that brought a lot of
    people in Nicaragua.
        But going back to the polls, about one of every two
    Nicaraguans are waiting for a new path. Ortega has about 20
    percent support. If we believe polls by, say, Gallup, and
    Victor Borge is another service in Nicaragua, so he is at his
    lowest point right now and the opposition has a fair chance.
    But the only way for the opposition to be effective is for the
    opposition to have the ability to move in the country, to
    organize. For the last 11 years, Daniel Ortega has declared any
    effective opposition group illegal. Many political parties have
    been declared illegal.
        So it is important to not only to have a snapshot of the
    opposition right now, but to understand that for 11 consecutive
    years being a true opposition in Nicaragua has been regarded a
    crime by Ortega.
        Mr. Rooney. Thank you very much. Thank you.
        Mr. Sires. Thank you.
        Congressman Levin.
        Mr. Levin. Thank you so much, Mr. Chairman. Thanks for
    holding this really important hearing.
        I want to take a longer view. So far, I think we have gone
    back to 2018 here, but I want to ask you about how the U.S. can
    best be helpful here given our history. The U.S. occupied
    Nicaragua for over two decades a century ago, and then we
    supported the Somoza dictatorship which ruled Nicaragua
    completely undemocratically for over 40 years.
        And I, as I think a 19-year-old or 18-year-old college
    student, I remember when the Sandinistas overthrew the
    dictatorship, and in my office, I have a T-shirt quilt that
    includes one little T-shirt celebrating 1 year of freedom in
    Nicaragua, which feels like a very bittersweet T-shirt today.
    And then of course the United States supported the Contras in
    the 1980's, so the United States has not always been a friend
    of democracy in Nicaragua. And here we are today, with Ortega
    acting like a transactional, as you said, Mr. Vivanco, you
    know, strong man. It is so, so troubling.
        So I want to ask you, in particular--well, and let me say
    one more thing. You know, when I was a law student, Mr.
    Vivanco, I worked for your organization during my summer, first
    summer of law school in Haiti after Aristide was overthrown the
    first time, and wrote with one other researcher sort of a book-
    length report on the destruction of civil society in the
    aftermath of that overthrow. And so, I am not so interested in
    the opposition as, you know, my question is, how can the U.S.
    strengthen, sort of deal with this very problematic regime in a
    way that actually builds democracy and how can we support human
    rights organizations that are working there? I do not think you
    have said much about that. Maybe in your, you know, your
    testimony you submitted.
        But how can we provide support and resources to assist
    human rights defenders in civil society organizations that are
    obviously under threat, people being tortured and killed for
    their work, what can we do more to help them?
        Mr. Vivanco. Thank you very much, Congressman Levin, for
    your question. And, look, on the first point that you raise,
    which is the record of the U.S. in Nicaragua, and I will argue,
    in the whole region.
        Mr. Levin. Yes.
        Mr. Vivanco. Is not--is far from perfect, and on the
    contrary. Given the relationship of the government, of the U.S.
    Government, for instance, with the governments in South America
    like Chile, you know, and others, obviously it is a record that
    deserve obviously a serious scrutiny. And I agree with you
    about your assessment of the intervention in Nicaragua,
    historically, by the U.S. Government.
        Now we are in the 21st century and we are looking at the
    respect and promotion of fundamental freedoms and rights. We
    believe that those rights and freedoms are universal and they
    should be defended and promoted all over the world. I do
    believe that the U.S. Government today and this Congress in
    particular has a responsibility and leadership to play in
    coordination with other democracies in the world, particularly
    Europe and in Latin America. A multilateral approach to the
    case of Nicaragua could be much more effective.
        Mr. Maradiaga insisted about this point and I think he has
    a point in terms of urging this administration, ideally, the
    Trump administration, the State Department, to work
    multilaterally in terms of pressing the government for change
    and protecting civil society and NGO's and journalists who are
    trying to do their work.
        Mr. Levin. Well, my time is expired, but I just want to ask
    you before I end if you can share with me later particular
    ideas about how to, you know, which vehicles and which
    countries are active and, you know, I would be very much like
    to help in that effort.
        Mr. Vivanco. Delighted, thank you very much.
        Mr. Levin. Thank you very much.
        Thank you, Mr. Chairman.
        Mr. Sires. Congressman Guest.
        Mr. Guest. Thank you, Mr. Chairman.
        Dr. Ponce, in your written testimony on page 3, under a
    couple different subheadings, one entitled, ``International
    Partners in Crime,'' and the other entitled, ``Uprisings in the
    Market,'' you list three countries that have a close
    relationship with Nicaragua, one being Cuba which you describe
    as ``Communist Cuba's influence is unmistakable.'' You talk
    about Russia providing the regime with weapons and expertise,
    and then you also talk about China and the Grand Interoceanic
    Canal. Could you expand on the role those three governments are
    playing in the Nicaragua Government at this time?
        Mr. Ponce. Yes, thank you, Congressman. In the case of
    Venezuela, five billion dollars, and Venezuela has been
    involved directly in the process of supporting the corruption
    in Nicaragua. Part of the payments to the public sector has
    been paid with money from Venezuela, Albanisa, and the U.S. has
    been sanction Albanisa for corruption, money laundering, and
    involvement in drug trafficking in Nicaragua.
        With China, China has been supporting, and China--well, it
    was a Chinese planning with Daniel Ortega major corruption with
    the Interoceanic Canal. And that there are information about
    Russia operating in Nicaragua, they have a building in
    Nicaragua and the people in Nicaragua say there are more than
    200 Russian operating in Nicaragua, and there are some concerns
    about the weapons distributed by the Russians in Nicaragua.
    Russia has been providing for military arm and military weapons
    for the last five to 6 years to Nicaragua.
        Some of the people that I talk that have been in prison
    have been telling me that some of the people that are in--the
    older prisoners claim that they hear Cuban voices when they
    have been tortured in prison. And it makes sense because it is
    the same model of torture. If you see the torture in Venezuela,
    it is rape, it is sexual abuse, and different kind of structure
    that it is the same model implemented in Venezuela and in
    Nicaragua.
        The level of response of the management of the forces they
    have been repressing the civilians at the streets, it is this a
    military training. And some of the people have been saying that
    the Russian and the Cuban and the Venezuelan has been trained
    in military, but they bought a military, the groups who bought
    it that support Daniel Ortega directly with weapons. The
    weapons, when they began the repression, came to Nicaragua in
    matter of days. Several planes, some people in Nicaragua claim
    that Cuban planes and Venezuelan planes arrived to Nicaragua
    with weapons to a rainforest. They put all government violent
    groups in Nicaragua.
        Mr. Guest. And just very briefly also about the Chinese
    investment and Nicaragua. We have got and we have seen in the
    past and had hearings on the Belt and Road Initiative where
    China is investing in developing countries, and we are seeing
    that in Venezuela, are we not? Excuse me, in Nicaragua, are we
    not?
        Mr. Ponce. In Nicaragua, China is not so active apart from
    the Canal because Taiwan has been supporting more the
    Government of Nicaragua. Taiwan has been a major provider of
    support of Nicaragua. The Chinese has been acting in Nicaragua,
    but not as active as in Venezuela.
        Mr. Guest. And then, finally, you talked about if Ortega is
    allowed to run he will be re-elected, and you talk about the
    need for additional sanctions. Do you believe if additional
    sanctions are imposed that we will see someone else step
    forward and run for president, if, in fact, those sanctions
    were, in fact, imposed by our government?
        Mr. Ponce. The problem with the sanctions right now is we
    only impose sanctions to the inner circle of Daniel Ortega,
    Daniel Ortega's wife, Daniel Ortega kids, also and the people
    that work with Daniel Ortega. We are not expanding the
    sanctions to members of the police that were part of the
    repression, member of the military who were part for inaction
    or direct action against the civilians in Nicaragua.
        And we feel and we see that how the regime has been
    reacting to the sanctions. They are desperate every time that
    the U.S. impose any sanctions, they asking for lifting the
    sanctions. In the negotiation with the alliance that is one of
    the first topic in the negotiation, lifting the sanction. Yes,
    I do believe that more sanctions in Nicaragua will be
    effective. Listen, we are not asking, any of the witness,
    nobody is asking for intervention. Nobody is asking for
    anything. We are asking for sanctions and economic support and
    technical support to the opposition to be more effective in
    terms of getting rid of this regime, this terrible regime.
        Mr. Guest. Thank you, Mr. Chairman. I yield back.
        Mr. Sires. Congressman Espaillat.
        Mr. Espaillat. Thank you, Mr. Chairman.
        Mr. Maradiaga, you told us that there are nation-States in
    the Organization of American States that are clearly supportive
    of Nicaragua and what is going on right now. Could you tell us
    who they are for the record?
        Mr. Maradiaga. Yes, sir. Most of these are Caribbean States
    who remain very close to the Petrocaribe arrangement, so----
        Mr. Espaillat. Can you tell us their names?
        Mr. Maradiaga. With all due respect, I do not have the name
    of particular eight Caribbean islands that--but they are part
    of the CARICOM, you know, and I apologize for not having
    precisely the names of those States.
        But if I may add, what is particularly worrisome is
    neighboring States, particularly Honduras and Guatemala because
    many of these island States of the Caribbean have argued that
    if neighboring States are not taking concrete actions, it is
    difficult for them--and of course this is an excuse--it is
    difficult for them to take action. So we believe it is
    important to emphasize that Honduras and Guatemala should be on
    the right side of history by supporting the OAS.
        Mr. Espaillat. So, please, if you can give us that list for
    the record, whenever you can on who those----
        Mr. Maradiaga. I will immediately do so after the hearing,
    yes.
        Mr. Espaillat. OK.
        Dr. Ponce, you said that the problem has been that we have
    only applied Magnitsky Act sanctions on the immediate Ortega
    clan, right. Are you willing to give us a list of names of some
    of those other folks that you feel should get Magnitsky Act
    sanctions, with some level of background on why they should?
        Mr. Ponce. Yes, of course. I have been providing names for
    the last 3 years, even for the first one, Rivas, and some proof
    about some of these people. I believe that some other people
    from close to the regime need also to be included in the
    sanction, and knowing that we can lift the sanctions as soon as
    they collaborate with a democratic solution in Nicaragua. I can
    provide that.
        Mr. Espaillat. My next question is, although there has been
    a major crisis in Nicaragua, there has not been a migration
    crisis that have shown up at our southern border, like, for
    example, the number of Hondurans or the numbers of Guatemalans
    that show up at our borders due to violence and situations
    impacting Central America.
        Is there a migration crisis in Nicaragua and where are they
    showing up? Anybody?
        Mr. Maradiaga. If I may, historically, Nicaragua are an
    exception in terms of migration patterns. In comparison to
    neighboring Honduras, El Salvador, and Guatemala, Nicaraguans
    tend to migrate to Costa Rica.
        So yes, there is----
        Mr. Espaillat. How many have gone to Costa Rica?
        Mr. Maradiaga. Officially, over 80,000, which it is
    unprecedented numbers for a country of the size of Nicaragua.
    However, for the very first time in many, many years, we are
    seeing significant numbers of Nicaraguans at the U.S. border
    seeking for asylum.
        Mr. Espaillat. Thank you.
        TPS, I am supportive of TPS for Nicaraguans. The Trump
    administration has not been as supportive as the courts have
    weighed in. Given the crisis which is further aggravated by the
    shutting down of hotels, restaurant, stores, even like street
    vendors, right, which has led to a substantial number of folks
    being unemployed further fueling the crisis, first, could you
    tell me what you feel about the crackdown or the shutdown of
    these small businesses and what you also feel about the Trump
    administration's hardcore stance on extending TPS for
    Nicaragua? Anybody from the panel.
        Mr. Maradiaga. If I may, the TPS is a fundamental need for
    Nicaragua for various reasons.
        Mr. Espaillat. So you support it?
        Mr. Maradiaga. Yes, yes. And I will also add my
    appreciation to the Nicaraguan diaspora, to Nicaraguan
    Americans who have been fundamental to the struggle of
    democracy for Nicaragua. In the case of Nicaragua, there is an
    interesting and very substantive characteristic of Nicaraguan
    migrants. Most of Nicaraguan migrants want to return to
    Nicaragua. And we have done research on this. This is an
    exception to other migrant groups. So if we reestablish
    democracy in Nicaragua, also the immigration issue will be
    tackled.
        Mr. Espaillat. What about small businesses, anything?
        Mr. Maradiaga. In the terms of small businesses, this is a
    clear example of the violations of human rights. About 35 small
    businesses have been closed recently including pharmacies,
    including supermarkets because they closed their shops in
    protest to the Ortega regime as part of the nonviolent
    struggle.
        Mr. Espaillat. Thank you so much.
        Thank you, Mr. Chairman.
        Mr. Sires. Congressman Yoho.
        Mr. Yoho. Thank you, Mr. Chairman.
        Appreciate you all being here. Mr. Vivanco, the crimes you
    highlighted at the beginning are hideous in nature. Those that
    committed the horrendous charges of violence, did they act
    independent of Ortega's government or could they have acted
    independently and survived Ortega's authoritarianism?
        Mr. Vivanco. No. According to the--our evidence and
    evidence that we are actually going to include in a forthcoming
    report about atrocities committed by security forces as well as
    pro-government groups that works jointly with those security
    forces, there is no chance that those atrocities could have
    been committed without the approval and endorsement of the
    government at the highest level.
        Mr. Yoho. OK. And I think we can conclude the crimes could
    not have been orchestrated or carried out without the direct
    involvement of Daniel Ortega's knowledge and/or approval. That
    would be correct with all of you, right?
        Mr. Maradiaga. Yes.
        Mr. Yoho. All right. I have a report here from the U.N.
    High Commissioner of Human Rights. The Ortega administration
    repressed these demonstrators back when, they repressed the
    demonstrators before the elections. In August 2018, then United
    Nations High Commissioner of Human Rights, Zeid Ra'ad Al
    Hussein, asserted the violence and repression seen in Nicaragua
    since demonstrations began in April are products of the
    systematic erosion of human rights over the years and
    highlighted the overall fragility of the institutions and rule
    of law.
        The U.N. comes out and says that, but nothing gets done.
    The OAS still trades with Nicaragua. We entered an FTA with the
    Caribbean nations, Dominican Republic and the Central American
    nations. My question is, why are we still trading with somebody
    like this? Why in the heck do the civilized free world tolerate
    people like Daniel Ortega? I mean we are all against what he
    does. We are all against what he says. We see these actions.
    The U.N. goes down there and they talk about all these
    atrocities, yet everything goes on. Human trafficking is going
    on, smuggling and drugs, the repression, the torture that you
    guys brought up.
        In the civilized world we do not tolerate these things.
    What can we do different? We have invested hundreds of millions
    of dollars since, you know, over the decades in Nicaragua. And
    it goes for good governance, rule of law, economic
    development--I want to know where in the hell it is for my
    American taxpayers. I want to know where it is for the people
    of Nicaragua. That 80,000 that you said fled to Costa Rica,
    what time period was that?
        Mr. Maradiaga. That was since May of last year and now
    numbers have been probably much higher.
        Mr. Yoho. Sure, they are going to go up higher.
        Mr. Maradiaga. But if I may, sir, go back to your question,
    you are absolutely correct. The generosity of the United States
    after the civil war in Nicaragua has been tremendous in
    building civil society, helping build a human rights community.
    And when you ask where are those people, most of them are in
    prison or in exile. And that is why Mr. Ortega labels these
    people as terrorists because they are sending investment in
    terms of training in human rights, civil society that has been
    disregarded by Ortega.
        Mr. Yoho. But we in the free world need to wake up, because
    what we have is--we have got Nicaragua. You have got the failed
    regime of Hugo Chavez carried out through Maduro. We have got
    what is going in Cuba. We have got Russian interference in the
    Western Hemisphere. And, basically, they are all Communist
    nations that are operating in the Western Hemisphere and there
    was a time in this country where we would not tolerate that and
    I think we need to go back.
        If we are serious about what we said and if we really want
    to bring an end to this and get some stability and empower the
    people of those countries--China is over there doing whatever
    they are doing.
        I am over time, are not I? No, it is still going. I am on
    yellow. I looked at the wrong one.
        And China is over there. And if we are going to do this,
    let's do it right. And I want to know and I would love to have
    an hour conversation with all of you, what do we need to do
    different that we have not done? I mean, we know what causes
    good societies. It is rule of law, honoring human rights and
    things like that and we all talk about it, but we do not do it.
    I, for one, recommend that we get rid of trade with Nicaragua.
    Let them trade with China. That will work out well for them.
    Maybe they can build a dam like they did in Ecuador.
        I think we just need to have some strong talk and follow
    through with it and stop playing the games and having--and God
    bless you for coming up here talking about human rights and all
    that. We agree in that. We believe in that. And we need to come
    together as civilized nations and say enough is enough.
        I do not have any other questions. I just appreciate you
    all being here.
        Mr. Sires. Thank you, Congressman.
        Congressman Meeks.
        Mr. Meeks. Thank you, Mr. Chairman.
        Let me start out by with what Mr. Levin said, because our
    hand and how we have dealt in the Western Hemisphere,
    particularly in Central and South America, is not clean where
    we have supported dictators and others when it was in our
    interests. So in listening and I do have concerns about what is
    taking place there, but if we were to withdraw all of the aid
    and everything else that we give to Nicaragua, will that make
    things better for the people of Nicaragua? That is my first
    question. Mr. Vivanco?
        Mr. Vivanco. Congressman Meeks, no, I am not advocating for
    some broad sanctions that might have an impact on the
    conditions, living conditions of the Nicaraguans. What I am
    advocating for and I am a strong believer is on targeted
    sanctions. And everything else in my experience, working for
    over 30 years on human rights issues in Latin America, is that
    what usually works is engagement not isolation. Engagement, but
    with conditions, with strings attached.
        Mr. Meeks. So I am with you on that. So what puzzles me at
    times with where we go, I am trying to think of a time in the
    Western Hemisphere where unilateral sanctions worked. There was
    not an engagement on that, you know, working with other
    countries and in the area. Has there been a time where
    unilateral sanctions worked which is, I think, being advocated
    here?
        Any one of you, in the Western Hemisphere has there been
    any time that you can recall, because I am trying to----
        Mr. Maradiaga. I will argue that Nicaragua is a perfect
    example in the 1980's. We saw one of the most bloody civil wars
    in Nicaraguan and Latin American history and we actually saw
    how U.S. sanctions brought Nicaragua back to democracy in 1990.
    I will also argue that the fact that Nicaragua and Ortega in
    particular was outside of the radar for many, many years made
    the problem to emerge again.
        Mr. Meeks. OK, because I was trying to see, you know, I
    know that when you talk about Nicaragua and you talk about a
    number of the scenarios, particularly back when President
    Reagan was around, we did some unscrupulous things there. And
    I, you know, and so we are still paying for that to a large
    degree.
        And so I was straining to think of where is, can you tell
    me where the other countries are like, you know, folks from the
    OAS, are they, you know, agreeing in the same methods, you
    know, or is this still just a unilateral sanctions area for the
    United States of America? Because and the other piece is, what
    I am trying to--because I am for democracy also, not just for
    regime change. So I want to know where is, where the U.S. has
    required regime change has resulted in a democratic government
    with human rights, et cetera, when it is just the United States
    particularly by itself.
        Mr. Maradiaga. Please allow me to say that Nicaraguans
    believe that the mistakes of the past cannot be an impediment
    for the current exercise of the U.S. leadership in promoting
    human rights. And I will also insist on the importance of
    multilateral actions. In this regard I would like to publicly
    appreciate, first of all, the leadership of Ambassador Carlos
    Trujillo, U.S. Ambassador to the OAS, but also other missions
    to the OAS such as the mission of Colombia, Argentina, Chile,
    and many others who are with us in this collective effort.
        Mr. Meeks. And that is, you know, tremendously important, I
    think, to make sure that when I am talking, when I hear
    conversations about sanctions, et cetera, that has got to be a
    multilateral level. The one time that I know when sanctions was
    very strong was in South Africa. The United States was last to
    come on board, but it was multilateral. It was everybody. But
    if you just do it in an individual basis, it does not seem to
    me to be quite as effective.
        Also, what my concern is--I guess I am out of time--is
    someone, I do not know, one of you has said that if there was
    elections that happened today that Ortega would get reelected.
    That is a concern because I do want to make sure that, you
    know, though, that the people's voices are heard and that we
    just do not overturn an election because the people voted for
    someone that we did not want to vote unless we are talking
    about an election that was committed under fraud. I am out of
    time, so I yield back.
        Mr. Sires. Congressman Phillips.
        Mr. Phillips. Thank you, Mr. Chair. And thank you to our
    witnesses.
        Since the Trump administration we are seeing a massive
    decline in our foreign assistance around the world,
    particularly in the Western Hemisphere. I think that
    compromises both our national security and certainly the
    security and safety of the residents of the countries in
    question. The administration is proposing a 40 percent
    reduction in assistance this year to only $6 million. Money is
    not always the answer alone.
        My question for each of you, starting with you, Mr.
    Vivanco, is what are the best practices as you have seen our
    country practice around the world in similar circumstances and
    what level of funding, in your estimation, is appropriate to
    effect what is in our best interest?
        Mr. Vivanco. Congressman Phillips, I think the key is to
    make sure that there is always enough resources available to
    support civil society, to strengthening the rule of law, the
    independence of the judiciary, to press, press countries that
    have an undemocratic structure and record to reform its
    legislation to allow for real checks and balance on the
    executive. So all of those goals should be always be present in
    the U.S. foreign policy and should be supported with sufficient
    resources.
        Mr. Phillips. And, sir, where you have seen us effect that
    effectively?
        Mr. Vivanco. Well, there are many examples in Latin
    America. I think the U.S., you know, across, you know, we are
    looking into the--from the 1990's up today, there are good
    examples of--in Chile, for instance, in Peru, reforms that
    allows for more transparency and it strengthens rule of law,
    including Colombia, I think, is a good example. Colombia is not
    a perfect example. There are many problems there, still, but
    there have been some, I would say, conscientious effort to
    support the rule of law and the independent judiciary in that
    country.
        I wish that we could have better examples, let's say, in
    Central America and including Mexico, but unfortunately the
    record is pretty poor.
        Mr. Phillips. I appreciate it.
        Mr. Maradiaga?
        Mr. Maradiaga. I will emphasize in five key best practices.
    These are not all, but just a quick summary. Funding the
    strengthening of civil society particularly independent human
    rights organizations; supporting the free press; civic
    education of youth particularly of underrepresented minorities
    such as indigenous communities and women; technical support to
    electoral systems; and anticorruption and transparency
    initiatives.
        Mr. Phillips. And where do you think we have effected those
    initiatives well?
        Mr. Maradiaga. I think that the work particularly of
    agencies such as USAID in the case of Nicaragua has been
    fantastic. Precisely what we see when we saw hundreds of
    students asking for democracy, women asking for democracy, and
    something impressive which are faith-based organizations
    working along leaders of the LGBT community, for example,
    working together for the same objectives. That does not come
    out of magic. That is the result of many, many years building
    inclusive civil society.
        And I will take also time to appreciate the support of U.S.
    taxpayers in supporting civil society in Nicaragua.
        Mr. Phillips. And do you have a sense of what is an
    appropriate level of funding? Six million dollars, I trust,
    cannot accomplish that.
        Mr. Maradiaga. I think it is of course a very, very small
    number in comparison to what the U.S. has invested in other
    nations of the world. That was about--that is less than 25
    percent of the support that Nicaragua used to have in the early
    1990's.
        Mr. Phillips. Thank you.
        Doctor?
        Mr. Ponce. Yes. I disagree. I believe that some of the
    assistance that has been going to the region has been plagued
    by rent seeking, 50, 60 percent of the money stay here in the
    U.S. to pay for the organizations. Organizations charge 20, 30
    percent. It is about fighting for the foreign assistance to
    maintain a high level, but also begins to request also from the
    implementers to fulfill some impact and measure by impact.
        Six million dollars in Nicaragua can be a good amount of
    money, but the problem if we take away 50 percent, 60 percent
    of the money to maintain the organizations here in Washington,
    DC, we are not making a major favor to the assistance that we
    are providing for democracy and human rights in the region.
        Mr. Phillips. Thank you, sir.
        I am out of time, I yield back.
        Mr. Sires. Thank you, Congressman.
        I have one question. You know, I always read about the
    power behind the presidency which is supposed to be Ortega's
    wife. Is that accurate? How much say does she have in the
    country?
        Mr. Maradiaga. That is absolutely accurate and there is a
    very sad episode that really explains part of that and this is
    in the public record and has been widely documented, the rape
    of Ortega's stepdaughter. And when Ms. Zoilamerica came out
    publicly to denounce the rape, Rosario Murillo supported Daniel
    Ortega; then Daniel Ortega would be absolute history if that
    particular crime would have been taken into justice. But
    Rosario Murillo supported Daniel Ortega clearly in exchange for
    a piece of the pie. And that is how the Ortega family sees
    Nicaragua, as a pie that they share among their inner circle.
        Mr. Sires. Anybody else have any other----
        Mr. Ponce. Yes, I was detained and I was expelled from
    Nicaragua by a direct order of Rosario Murillo. And when the
    Ambassador tried to negotiate, Rosario Murillo directly say,
    ``I am the one who rules the country here.''
        So it is also a problem that Daniel Ortega manage some of
    the negotiations, the peak negotiation, but she is in control
    of the operation of the government. She is in control of the
    violence. She is in control of major things in the country and
    she sees herself as a major power behind Daniel Ortega. And as
    Felix said, talking with Zoilamerica, Zoilamerica talks about
    the corruption and how she maintained the whole structure of
    corruption behind Daniel Ortega too.
        Mr. Sires. So if Daniel Ortega steps down, do you think she
    runs for president?
        Mr. Ponce. I believe that Daniel Ortega will try to run
    again. And if not, she will try to run. They will maintain--
    they want immunity, impunity, and also maintain control. This
    couple has been in power directly or indirectly for four
    decades in Nicaragua, so they are not going to leave as easy as
    we want.
        Mr. Sires. Well, this has been a very interesting hearing
    and I want to thank you for coming. We keep reading about
    Nicaragua. We keep reading about some other countries in the
    region, but Nicaragua is now standing out. And I was hopeful
    that other countries, like Guatemala, were going in the right
    direction, but now they seem to have taken a step back. And it
    is very disheartening when you push as I do for the Western
    Hemisphere that they take a step forward and then they take two
    or three steps back, and you have to constantly defend that we
    have to get more involved in the Western Hemisphere.
        Ladies and gentlemen, thank you all for being here today
    for this important hearing. The crisis in Nicaragua continues
    at the hands of the Ortega regime. I want to reiterate my
    support for the Nicaraguan people and their tireless effort to
    fight for democracy. I thank our witnesses for being here today
    and with that I adjourn the hearing.
        [Whereupon, at 11:21 a.m., the subcommittee was adjourned.]

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