[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
AN INTERNATIONAL RESPONSE TO ORTEGA'S DESTRUCTION OF DEMOCRACY IN
NICARAGUA
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HEARING
BEFORE THE
SUBCOMMITTEE ON
WESTERN HEMISPHERE, CIVILIAN SECURITY,
MIGRATION AND INTERNATIONAL ECONOMIC POLICY
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
September 21 2021
__________
Serial No. 117-74
__________
Printed for the use of the Committee on Foreign Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov,
or http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
45-550 PDF WASHINGTON : 2022
COMMITTEE ON FOREIGN AFFAIRS
GREGORY W. MEEKS, New York, Chairman
BRAD SHERMAN, California MICHAEL T. McCAUL, Texas, Ranking
ALBIO SIRES, New Jersey Member
GERALD E. CONNOLLY, Virginia CHRISTOPHER H. SMITH, New Jersey
THEODORE E. DEUTCH, Florida STEVE CHABOT, Ohio
KAREN BASS, California SCOTT PERRY, Pennsylvania
WILLIAM KEATING, Massachusetts DARRELL ISSA, California
DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois
AMI BERA, California LEE ZELDIN, New York
JOAQUIN CASTRO, Texas ANN WAGNER, Missouri
DINA TITUS, Nevada BRIAN MAST, Florida
TED LIEU, California BRIAN FITZPATRICK, Pennsylvania
SUSAN WILD, Pennsylvania KEN BUCK, Colorado
DEAN PHILLIPS, Minnesota TIM BURCHETT, Tennessee
ILHAN OMAR, Minnesota MARK GREEN, Tennessee
COLIN ALLRED, Texas ANDY BARR, Kentucky
ANDY LEVIN, Michigan GREG STEUBE, Florida
ABIGAIL SPANBERGER, Virginia DAN MEUSER, Pennsylvania
CHRISSY HOULAHAN, Pennsylvania AUGUST PFLUGER, Texas
TOM MALINOWSKI, New Jersey PETER MEIJER, Michigan
ANDY KIM, New Jersey NICOLE MALLIOTAKIS, New York
SARA JACOBS, California RONNY JACKSON, Texas
KATHY MANNING, North Carolina YOUNG KIM, California
JIM COSTA, California MARIA ELVIRA SALAZAR, Florida
JUAN VARGAS, California JOE WILSON, South Carolina
VICENTE GONZALEZ, Texas
BRAD SCHNEIDER, Illinois
Sophia Lafargue, Staff Director
Brendan Shields, Republican Staff Director
------
Subcommittee on Western Hemisphere, Civilian Security, Migration and
International Economic Policy
ALBIO SIRES, New Jersey, Chairman
JOAQUIN CASTRO, Texas MARK GREEN, Tennessee, Ranking
ANDY LEVIN, Michigan Member
VICENTE GONZALEZ, Texas
JUAN VARGAS, California
AUGUST PFLUGER, Texas
MARIA ELVIRA SALAZAR, Florida
Alexander Brockwehl, Staff Director
C O N T E N T S
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Page
WITNESSES
Mendrala, Emily. Deputy Assistant Secretary, Bureau of Western
Hemisphere Affairs, U.S. Department of State................... 7
Valle, Ms. Berta, Journalist and Human Rights Defender........... 22
Chinchilla, Ms. Laura, (Former President of Costa Rica), Co-
Chair, The Inter-American Dialogue............................. 27
Berg, Dr. Ryan C., Senior Fellow, Americas Program, Center for
Strategic and International Studies............................ 34
APPENDIX
Hearing Notice................................................... 49
Hearing Minutes.................................................. 50
Hearing Attendance............................................... 51
OPENING STATEMENT
Opening statement submitted for the record from Chairman Sires... 52
RESPONSES TO QUESTIONS SUBMITTED FOR THE RECORD
Responses to questions submitted for the record.................. 54
ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD
Newspaper article submitted for the record by Chairman Sires..... 71
AN INTERNATIONAL RESPONSE TO ORTEGA'S DESTRUCTION OF DEMOCRACY IN
NICARAGUA
Tuesday, September 21, 2021
House of Representatives,
Subcommittee on the Western Hemisphere,
Civilian Security, Migration, and International
Economic Policy,
Committee on Foreign Affairs,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:03 a.m., in
room 2172, Rayburn House Office Building, Hon. Albio Sires
(chairman of the subcommittee) presiding.
Mr. Sires. Good morning, everyone.
Thank you to our witnesses for being here today. This
hearing, entitled ``An International Response to Ortega's
Destruction of Democracy in Nicaragua,'' will come to order.
Without objection, the chair is authorized to declare a
recess of the committee at any point, and all members will have
5 days to submit statements, extraneous materials, and
questions for the record, subject to length limitation in the
rules.
To insert something into the record, please have your staff
email the previously mentioned address or contact subcommittee
staff.
As a reminder to members joining remotely, please keep your
video function on at all times, even when you are not
recognized by the chair. Members are responsible for muting and
unmuting themselves, and please remember to mute yourself after
you have finished speaking.
Consistent with H. Res. 8 and the accompanying regulations,
staff will only mute members and witnesses as appropriate when
they are not under recognition to eliminate background noise. I
see that we have a quorum, and I now recognize myself for
opening remarks.
Over the last 4 months, the Ortega regime has carried out a
shameless campaign to eliminate the political opposition and
consolidate a one-party dictatorship in Nicaragua. Even at a
time when many governments in Latin America are dismantling
democratic institutions, the Ortega regime's crackdown stands
out for how brazen and sweeping it has been.
The regime has rounded up nearly every potential challenger
to Ortega and has not even tried to hide these arrests and
forced disappearances under a veneer of legality.
The message from Daniel Ortega is clear. He believes he
will lose November's election if they are competitive. Over 150
political prisoners are now being held in Nicaraguan jails.
Many of them were forcibly disappeared.
And, earlier this month, some family members were finally
able to visit these prisoners for the first time since their
arrest in June. They reported deplorable conditions and
evidence of torture, solitary confinement, and starvation. Some
prisoners have lost more than 20 pounds since they were
detained.
Today I reiterate the long-standing call for the immediate
release of all political prisoners in Nicaragua. I applaud the
Biden Administration for its recent sanction against 100 regime
officials and 50 family members for their acts of corruption
and violations of human rights.
The Administration has been consistent in condemning the
Ortega regime's action and has worked to promote a more
multilateral approach to Nicaragua. The passage of a resolution
in June by the Organization of the American States was a small
but positive step forward because it gained the support of
additional member States that had previously abstained on
issues related to Nicaragua. But much more must be done.
Having written the NICA Act with Congresswoman Ileana Ros-
Lehtinen, I am frustrated that the International Monetary Fund
recently provided $350 million to the regime. The IMF should
not take Ortega's word for it that these funds will be used to
address the COVID pandemic.
We must all remember that this is the same regime that
spent the first 16 months of the pandemic holding large
political rallies, manipulating medical records to deflate the
death toll, and firing doctors and nurses who dared to speak.
International financial institutions should not be
providing a lifeline to Ortega. The House of Representatives
must urgently pass the RENACER Act which will strengthen
oversight of funds provided by international financial
institutions and increase targeted sanctions against regime
officials.
This legislation will encourage the U.S. to continue
working more closely with the European Union in implementing a
sanctions framework.
We should also begin preparing a number of severe
diplomatic consequences assuming Nicaragua's election in
November becomes a coronation for Ortega. Nicaragua should be
suspended under the International Democratic Charter on
November 8, and its participation under the Central American
Free Trade Agreement should be reconsidered.
Nicaraguan activists, opposition leaders, journalists,
students, and doctors have shown tremendous courage in the face
of the Ortega's regime's violation of their most basic rights.
We must show that we stand with them in this battle against a
brutally repressive dictatorship.
Thank you, and I now turn to the ranking member, Mark
Green, for his opening statement.
Mr. Green. Thank you, Chairman Sires, for convening this
hearing and bringing attention to the dire situation in
Nicaragua, and I want to thank the Deputy Assistant Secretary
for being here in person, really appreciate that, with the hope
of discussing the policy options that are before the United
States.
I also want to thank the witnesses on our second panel, Ms.
Valle, Ms. Chinchilla, former President of Costa Rica, and Ryan
Berg.
I am deeply saddened and appalled by the repression that is
taking place from Nicaragua. There is no question that the
Ortega regime has turned Nicaragua into a tyrannical police
state.
I and the committee regularly meet with the wives, the
relatives, and loved ones of Ortega's political prisoners and
victims. Their stories are heartbreaking, including, of course,
Ms. Valle's. Her husband Felix has been a political prisoner
for over a hundred days. This is unacceptable.
The widespread repression is especially terrifying as
victims have no idea if they are on the government's watch
list. You can just have the thought that you might run for
President and wind up in jail. That is insane.
Some people are detained for challenging the dictatorship,
others for daring to think or believe differently than the
socialist leader. Right now, over 150 innocent Nicaraguans are
held as political prisoners, many of them kept in inhumane
conditions and deprived of due process.
There are many credible reports of starvation as well as
psychological and physical torture. For instance, there is
opposition student leader, Lester Aleman, a 23-year-old--I met
his sister this morning--a 23-year-old who cannot even walk due
to the brutality he has enduring while illegally detained.
Or Francisco Aguirre Sacasa--I think I am saying that
correctly--a 77-year-old whose family the committee met with
last week. His health is poor, yet the regime is withholding
critical medication from him.
Stories of mistreatment and acts of torture have become far
too common in Ortega's Nicaragua. While I appreciate the
Administration's targeted sanctions and visa revocations
against regime officials, the situation in Nicaragua is
continuing to deteriorate.
And, frankly, I am appalled that just last Thursday the
U.S. Commercial Service sent an email promoting business
opportunities in Ortega's Nicaragua. President Biden needs
better coordination of policy and messaging. Clearly Ortega is
not taking the Biden Administration seriously, and time is of
the essence.
On November 7, a political farce will be held, claiming to
resemble elections. No one should be fooled about the outcome.
Any hope of unseating the socialist dictatorship is sitting
inside of Ortega's prisons.
The United States must condemn this charade and urge our
international partners to join us. More should and can be done.
To start, the House must pass the bipartisan Reinforcing
Nicaragua's Adherence to Conditions for Electoral Reform, also
known as the RENACER Act.
I am a proud cosponsor of this bill which unanimously
passed the Senate and the House Foreign Affairs Committee this
summer.
Congress must support the Nicaraguan people and respond to
Ortega's repressive crackdown. I urge Speaker Pelosi to
immediately schedule this bill for a vote. We are running out
of time. Passing this act will send the Ortega regime a clear
message that its violent and repressive behavior has severe
consequences and that America is watching.
Beyond passing the act, the Biden Administration must fully
enforce laws that are already in place, like the Nicaraguan
Human Rights and Anticorruption Act, also known NICA.
Despite NICA placing strict conditions on loans and
assistance from international financial institutions, Daniel
Ortega and his regime officials have benefited greatly from
national financing, which my esteemed chairman and colleague
has just talked about with the loans, the $400 million.
Unconscionable and unbelievable.
the Biden Administration must ensure that investment
conditions are fully implemented to the letter of the law.
International financing must not benefit a despotic socialist
regime that continues to commit egregious human rights
violations.
I look forward to hearing more about how the Administration
plans to address these key challenges and the situations in
Nicaragua.
Mr. Chairman, I yield.
Mr. Sires. Thank you very much, Ranking Member Green.
I will now introduce our first panel. Ms. Emily Mendrala
serves as Deputy Assistant Secretary covering Central America
and the Bureau of Western Hemisphere Affairs at the Department
of State.
She was the executive director of the Center For Democracy
in the Americas, promoting U.S. policies of engagement toward
the Americas from 2017 to 2021.
Ms. Mendrala's prior government service includes serving as
Director of Legislative Affairs, International Security
Council, as Special Adviser in the Department of State, and a
professional staff member on the Senate Foreign Relations
Committee.
Ms. Mendrala, we welcome you to the hearing.
I ask the witnesses to please limit your testimony to 5
minutes.
And, without objection, your prepared written Statements
will be made part of the record.
Ms. Mendrala, you are recognized for your testimony.
STATEMENT OF EMILY MENDRALA, DEPUTY ASSISTANT SECRETARY, BUREAU
OF WESTERN HEMISPHERE AFFAIRS, U.S. DEPARTMENT OF STATE
Ms. Mendrala. Chairman Sires, Ranking Member Green,
distinguished members of the subcommittee, it is an honor to
appear before you today as President Biden's Deputy Assistant
Secretary for Western Hemisphere Affairs at the Department of
State.
I look forward to talking with you today about U.S. policy
responses to the increasingly authoritarian steps being taken
by the Ortega-Murillo government in Nicaragua.
As you are well aware, the Ortega-Murillo government has
carried out a ruthless crackdown over the past several months,
canceling the registration of opposition parties, incarcerating
journalists, opposition leaders, potential Presidential
candidates, students, private sector leaders, and others who
defend free and fair elections, attacking the free press,
closing long-standing NGO's that provide humanitarian and
medical assistance Nicaraguans in need.
While we had hoped that the government would respond to the
voices of the Nicaraguan people themselves and U.S. and
international urging to abide by its commitments, we have seen
instead an acceleration of Ortega's and Murillo's efforts to
consolidate their own power.
As Secretary Blinken stated on August 7th, quote: The
United States views the regime's latest undemocratic
authoritarian actions, driven by Ortega's fear of an electoral
loss, as the final blow against Nicaragua's prospects for a
free and fair election later this year. That electoral process,
including its eventual results, has lost all credibility, end
quote.
In the face of sham elections in Nicaragua, we and our
international partners must continue to denounce and push back
against the Ortega-Murillo government's antidemocratic rule as
well as its use of Russian-inspired laws to carry out
repression.
We must demonstrate that these practices have no place in
our hemisphere. We have called repeatedly on the Nicaraguan
Government to release all political prisoners immediately. We
hold President Ortega and Vice President Murillo, and those who
carry out their authoritarian orders, responsible for the
detainees' safety and well-being.
Every day in August we highlighted on social media the
personal profile of one of the recently detained Nicaraguan
political prisoners, drawing widespread media coverage in
Nicaragua and in international press to their cases and
spotlighting the regime's repressive tactics.
These individuals have taken enormous risks and made
enormous sacrifices in their efforts to demand genuine
democracy in Nicaragua, and none deserves the mistreatment and
injustice they are now suffering.
The Department has taken strong actions already to impose
consequences on the Ortega-Murillo government. We have worked
with the Treasury Department to impose sanctions on those
implicated in carrying out the government's crackdown.
As of September 14th, 2021, the United States has
sanctioned 31 individuals and eight entities under our
Nicaragua and Global Magnitsky sanctions programs, and the
Department has applied visa restrictions to 169 Nicaraguans in
response to the political crackdown and the application of sham
laws that ensure the November election will not be free, fair,
transparent, or reflective of the will of the Nicaraguan
people.
We are working with the international community urging our
neighbors and partners in the region and beyond to join us in
multilateral fora to send a clear signal to the Ortega-Murillo
government that democracies in the hemisphere will reject these
repressive actions.
Following advocacy by the United States and our partners,
the OAS issued a strong resolution on June 15th, backed by an
overwhelming majority of 26 member States, which condemned the
Ortega-Murillo's arrests and calls for the immediate release
ofpolitical prisoners.
At the U.N. Human Rights Council, we were pleased to be one
of 59 governments that called for the release of prisoners on
June 22d. We are also working closely with the EU, Canada, and
the U.K. to coordinate additional targeted measures.
We were pleased that Canada announced on July 14targeted
sanctions on 15 Nicaraguan individuals, and we welcomed the
EU's August 2d announcement of sanctions on eight Nicaraguan
individuals, including Vice President Murillo. These joint
actions have further isolated the Ortega-Murillo government.
Through USAID, we continue to support Nicaraguan civil
society, independent media, and human rights defenders. Our
continued support assures Nicaraguans that the outside world
has not forgotten them.
In conclusion, the Department of State stands firmly with
the Nicaraguan people in their desire for genuine democracy,
and we will continue to pursue bold actions in response to the
Nicaraguan Government's failure to uphold fundamental freedoms
and respect for human rights.
Thank you again for the opportunity to appear before you
today, and I am happy to answer your questions.
[The prepared statement of Ms. Mendrala follows:]
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Mr. Sires. Thank you for your statement, and we will now go
to questions.
The NICA Act of 2018, which I wrote with Congresswoman
Ileana Ros-Lehtinen, was intended to restrict Nicaragua's
access to loans from international financial institutions
except for funds to address basic human needs.
But the Ortega regime has received more than $400 million
in recent months from the World Bank and IDB. I guess my
question to you is, are we using our voice? Is the
Administration using its voice and vote with international
financial institutions to oppose loans and other financial
assistance to Ortega?
Because I have to tell you, it is very upsetting to me that
we do all this work here, we ask the Administration to put
sanctions on different people, and yet the IMF, to which we
proudly contribute the largest amounts of money--or if not, one
of the largest amounts of money--they seem to just ignore what
is going on in Nicaragua.
And I have to tell you, it really is, I intend to write a
letter to the IMF, and hopefully we will have them before this
committee, because this is not acceptable. I mean, I do not
know if there is any transparency with the money that they get.
I do not know what they use it for. I do not know if the IMF
knows what they use it for.
But there are clear signs that this regime is not
interested in going by the law. So my question to you is, are
we paying attention to what is going on with IMF in the loans
to Nicaragua?
Ms. Mendrala. Thank you, Mr. Chairman, for the question.
Yes is the answer. We are using our voice and our vote in every
opportunity in front of multilateral institutions to oppose
lending to the Ortega-Murillo government.
We will continue to use our voice, vote, and influence to
advocate against lending from international financial
institutions to the Ortega-Murillo government, and we will also
continue to collaborate with international partners where
appropriate--EU, Canada, and others--to do the same.
Mr. Sires. But how is it that they get such a large loan?
Ms. Mendrala. The specifics of the IMF loan as I
understand, it was an expansion of special drawing rights. It
was a global expansion. And I can assure you that, when given
the opportunity, the U.S. is using its voice and vote to
oppose.
Mr. Sires. Well, you know, earlier this year, I introduced
the RENACER Act, which passed unanimously out of committee. The
bill requires targeted sanctions, coordinated with the
international community, to advance elections in November. I
also will expand oversight of loans from international
institutions.
Will passing this legislation provide the Biden
Administration with additional tools to address the political
crisis in Nicaragua? I mean, if we pass this act, is it going
to help you, or is it going to be the same old status quo?
Ms. Mendrala. First of all, I want to thank you for the
partnership that you and others on this committee have
demonstrated in collaboration in addressing the authoritarian
trends that we are seeing in Nicaragua.
We are familiar with the RENACER Act. We welcome the
bipartisanship. We welcome all constructive efforts to hold the
Ortega-Murillo government accountable.
And we are committed to continuing to, as we have just
discussed in the last question, use our voice, vote, and
influence to advocate against lending in international
financial institutions.
And we look forward to continuing to work with you, and
especially if the RENACER Act is passed in this Chamber, to
continue to use the tools that Congress has given us to hold
the Ortega-Murillo government accountable.
Mr. Sires. Do you have any recommendations for us so that
we could continue to put more pressure on this government to
make sure that, you know, there are free, fair elections, and
it does not treat its people like it is treating them?
Do you have any recommendations that we can do here in
Congress so that we can support the democratic aspirations in
Nicaragua?
Ms. Mendrala. Thank you for that question. One of the most
important measures over the last several months has been an OAS
resolution that passed in June, with 26 member States
supporting it, that called to account the Ortega-Murillo
government for actions that were happening in Nicaragua.
Through U.S. leadership, we were able to secure a very
important coalition of 26 member States. The resolution that
was adopted stated that the measures adopted by the government
of Nicaragua do not meet the conditions for transparent, free,
and fair elections, to which all member States have committed
under the Inter-American Democratic Charter, which calls into
question the legitimacy of the November elections.
This was an important move. It was very important for the
OAS to put forward a clear and credible and strong response to
the actions that we were seeing. And we continue to work with
governments throughout the region, through the OAS and
otherwise, to continue those strong Statements and measures of
accountability, and we welcome Congress' partnership.
Mr. Sires. My time is almost up, but I just will urge you
and the Department to really put more pressure on the IMF that
this is just not acceptable that they get all this money and
God knows how they use it or where it goes. Thank you.
Ranking Member Green.
Mr. Green. Thank you, Mr. Chairman.
Ms. Mendrala, last week--well, let me start by saying this.
Today you have mentioned the Ortega regime--or government, and
I would encourage you to say the Ortega regime, because I am
not sure that it is really legitimate. In fact, I think it is
not. I am convinced it is not a legitimate government that was
duly elected.
I think the last several elections since he has been in
control have been manipulated, and, therefore, I would
recommend calling him a regime.
And so why is that important? Because consistency in words,
in what we say, matter.
I will give you an example. Last week, the U.S. Commercial
Service sent an email to U.S. private sector partners
highlighting business opportunities in Central America,
including those within Nicaragua.
It said, quote: Perhaps most importantly, Nicaragua has a
highly organized and sophisticated private sector committed to
a free economy that can fully leverage these resources if
supported by a responsible government, end quote.
Yet, the State Department's 2021 Investment Climate Report,
says, quote: Investors should be extremely cautious about
investing in Nicaragua under President Daniel Ortega's
authoritarian government, end quote.
These inconsistencies create problems. Maybe that is why
the IMF made its bad decision, and your thoughts about these
inconsistencies and the importance of the Biden
Administration's saying one thing and sticking to it.
Ms. Mendrala. Thank you, Ranking Member Green, for the
question. And thank you also for noting the climate that has
been created in Nicaragua for private sector investment. It is
something that we are paying attention to in the context of
Central America writ large.
The Administration is committed to a new comprehensive
approach to address regional migration, as I know you are all
aware, and one of the key elements to that approach are
targeted efforts to address root causes, to combat the root
causes of migration throughout Central America. And there has
been a key focus on anticorruption.
Mr. Green. If I could just interrupt, though, I meant us to
go a little different direction. I am talking about messaging
and saying a consistent theme, right?
So one of the things when we sent the nearshoring bill to
your Department, very good dialog happened, and they said we
need a quiver--we need an arrow in our quiver to be able to
leverage these, you know, dictators, folks like Nicaragua, to
say: Look, if you are not acting like this, and you act like
this, there is a chance you could qualify for some.
So the consistency is what I am asking you to, you know,
comment on, and what are you all doing to fix these obvious
contrasts?
Ms. Mendrala. Absolutely. We are committed to consistency.
Thank you for bringing some of those cases to our attention,
and they are already on our radar. There is a robust
interagency discussion on Nicaragua. This is a top priority and
a chief concern of the Administration, the erosion--systematic
erosion, dismantling of democratic norms and cultures in
Nicaragua. And it is something that has the attention at the
highest levels, and we are committed to consistency, to
continuing to call to account the antidemocratic actions that
we are seeing and support the Nicaraguan people.
Mr. Green. I think that is good. Just make sure you guys
are calling to account when somebody in your Administration
sends a message like this email that went out: Hey, think about
investing in Nicaragua.
Changing the subject a little bit, migration issues, you
sort of mentioned that, so let's go there: 100,000 Nicaraguans
now in Costa Rica. What is the impact on Costa Rica, and, you
know, how do we address that and help the Costa Ricans address
that?
Ms. Mendrala. Thank you. I was in Costa Rica in early June
at a regional migration conference, and it was clear that there
are large flows of Nicaraguans arriving to Costa Rica. This has
been the case, not just in 2021. It also occurred in the wake
of the 2018 political crackdowns in Nicaragua as well.
Costa Rica is a very important partner for us in the
region, especially on the topic of regional migration. We are
committed to work with them. There are several programs through
the Department of State, through our Bureau of Populations,
Refugees, and Migration, that are working in close partnership
with international organizations and the Costa Rican Government
to address these challenges. It is a concern.
And, if I may, to finish my thought on anticorruption and
why it is such a chief focus of ours, I think you could have
seen a scenario, and we did, in many respects, see a scenario
5, 6 years ago, where some may have given the Nicaraguan
Government a pass. They said there is relative security, and it
is a relatively stable investment climate.
But we see now that that would have been a very bad bet
because of the antidemocratic actions. And it is the reason why
anticorruption is such an important underpinning for all of our
work in Central America because we have to have that foundation
in order to see the efforts to address root causes really
prosper.
Mr. Green. And you are making my point, if I can, Mr.
Chairman, very quickly, about the need for consistency from the
Administration. OK.
Ms. Mendrala. Thank you.
Mr. Sires. Thank you, Ranking Member.
We will now hear from member Joaquin Castro for 5 minutes.
Mr. Castro. Thank you, Chairman and Ranking Member. Thank
you for organizing this hearing today.
I want to take this opportunity to express my support for
the thousands who have been the victims of Ortega's brutal
crackdown on human rights.
In the last few months, he has broken vital norms and
institutions of democratic practice, and the upcoming November
7th elections will be neither free nor fair.
I think it is necessary that the United States stands up to
this threat to freedom in the region and stands behind those
fighting to bring democracy back to Nicaragua.
Since June, the Ortega regime has arrested dozens of
political opposition, civil society, and business leaders,
including Cristiana Chamorro and Ambassador Aguirre-Sacasa.
Some have been forcibly disappeared for weeks without their
families being notified of their whereabouts while others have
been forced to flee the country for fear of imprisonment and
torture.
So my first question is, what is the U.S. Government doing
to push for the safe release of these political prisoners?
Ms. Mendrala. Thank you, Representative Castro, for the
question.
We share your concerns, and we share the concerns of so
many that have watched this repression take place and followed
the grave humanitarian situation of many of those who are
unjustly detained in Nicaragua right now.
We are speaking out in strong terms in condemnation of
these political arrests. We are expressing concern at the fact
that some of the prisoners are being held incommunicado without
the medicine that they need.
We have called for access to the political prisoners by
their family members and legal representatives, as well as for
needed medication.
We watched a social media campaign in August that
highlighted the plight of Nicaraguan political prisoners and
their families that garnered media attention in Nicaragua and
throughout the international press.
And, more broadly, we are using the diplomatic and economic
tools at our disposal to promote accountability for President
Ortega, Vice President Murillo, and other actors in Nicaragua
who are complicit in this wave of oppression.
Mr. Castro. But with every political opponent either
imprisoned or forced to flee, the signs point to Ortega being
elected for a fourth term on November 7th. Should this election
continue to occur under unjust and repressive measures, how
will the Administration change its engagement with and public
stance on Nicaragua?
Ms. Mendrala. Thank you for that question. We have long
urged Nicaragua to listen to the Nicaraguan people, abide by
its commitments to implement electoral reforms, and allow free
and fair elections, and it is clear that the Ortega-Murillo
government took steps to consolidate its own power instead.
We have already noted, through Secretary Blinken's
Statements, that the United States views the regime's latest
undemocratic authoritarian actions as the final blow against
the prospects for free and fair elections later this year. The
electoral process has lost all credibility.
We will continue to work through the OAS, work with our
partners in international fora, and we will continue to review
the U.S. relationship with the Ortega-Murillo government
following those elections.
Mr. Castro. Well, thank you. And I have one final question
on this very important issue of political prisoners and
democracy there. You mentioned multilateral institutions and
partners. Have we seen any particular nations step up to be
helpful in putting pressure on Nicaragua to release these
political prisoners? Who has stepped up?
Ms. Mendrala. Absolutely. We have had great partnership
through the OAS, as I noted. Twenty-six member States joined
together in a very important coalition to condemn abuses and
stand with the political prisoners, demanding their release.
We have also seen Canada and the EU in particular take
actions, targeted sanctions against Nicaraguan individuals in
response to actions. And these are actions that we assess have
further isolated the Ortega-Murillo regime. And I would draw
attention to Canada and EU's efforts in particular.
Mr. Castro. Thank you. And then I will just ask one final
question, and you will probably have to take it for the record
because I am running out of time.
But how, if at all, does Nicaragua fit within the
Administration's strategy to address root causes of migration
from Central America? And how does the Administration plan to
engage with Nicaragua on root cause issues, given obviously the
repression of democracy and human rights?
And I will submit that question for the record, but thank
you for your testimony today.
Ms. Mendrala. Thank you.
Mr. Sires. Thank you, Congressman.
Congresswoman Maria Elvira Salazar, you are recognized for
5 minutes.
Ms. Salazar. Wonderful to see you again, Emily Mendrala,
and I want to thank you because you always took my phone calls
when I was begging you to give visas to two sick children--Lisa
Orlando Rodriguez (ph) and Hector Tujillo (ph)--so I am
indebted to you for that.
But I also need to tell you that I am very embarrassed; I
am very upset and because the United States is not present in
this hemisphere, period. You know I represent Miami, the heart
of the Cuban exile community and the heart of the Nicaraguan
community.
And when you tell me that you are working through social
media to denounce the Ortega Administration, I am only full of
anger because of the people that I represent. It burns like
acid on our skin, and I just want to share that with you.
Where is the Biden Administration? I just have three names
here that I want to share with you. Maybe people do not
recognize who this guy is. This is Arturo Cruz, who was
Ambassador for Ortega to Washington. He is in jail. He is lost
30 pounds.
This guy, Felix Maradiaga, has been tortured--
psychologically tortured.
And here we have Chamorro, but we do not know what is
really happening with him.
So, not only we have abandoned these people, the Biden
Administration has abandoned these people, but like my
colleague said, we are helping them. In August, the IMF gave
$353 million to the repressive apparatus. Did you know about
that loan, $353 million to Ortega last month? Did the State
Department know about this? Just yes or no.
Ms. Mendrala. We have used our voice, vote, and influence
in international financial----
Ms. Salazar. No, no, no. I am asking you, did you guys
know, did you guys call the United States Representative in the
IMF? We give a $100 billion to the IMF. Did you guys call the
IMF and say, ``No, we cannot do that''? Did you do that, yes or
no?
Ms. Mendrala. We oppose lending through international
financial institutions----
Ms. Salazar. So that means that the executive director did
not pay attention to what the State Department was telling them
not to give loans to Ortega for $353 million?
Ms. Mendrala. Ma'am, I can tell you that, in every
instance, we have opposed lending----
Ms. Salazar. So that means that our own Representative is
not paying attention to the State Department?
Ms. Mendrala. No, ma'am. I can tell you that we have
opposed in international----
Ms. Salazar. But it still happened. We opposed it, but they
received it, and what do you think they are going to give that
money to? Just to put these people in jail and torture them
even more.
And, not only that, I just want to share with you something
else that is happening. In January of next year, the Commerce
Department next year is putting together an event that says
that Nicaragua is committed to transparency and the rule of
law--our Commerce Department. Did you know about that?
Ms. Mendrala. We have, through an interagency process,
spoken with all of our interagency partners----
Ms. Salazar. I am just asking you if you knew about this
event specifically. There is one event from the Commerce
Department saying that Nicaragua is committed to transparency.
Did the State Department know about that?
Ms. Mendrala. It has been brought to my attention, yes,
ma'am.
Ms. Salazar. So then what did you say? Yes, let's promote
Nicaragua?
Ms. Mendrala. No.
Ms. Salazar. No?
Ms. Mendrala. In fact, that is not the case. Our----
Ms. Salazar. So what did you say?
Ms. Mendrala [continuing]. Gravely concerned about
antidemocratic actions in Nicaragua, and we have made that
known throughout----
Ms. Salazar. I know you are concerned, but I am asking you
if the State Department can make sure that the Commerce
Department does not hold that event in favor of Nicaragua.
Ms. Mendrala. We are absolutely committed to working with
the Commerce Department to register our concerns.
Ms. Salazar. ``Register your concerns'' means that it may
happen, it may not.
And like Representative Sires just said, we passed a law
called RENACER. The Senate passed this law. And Speaker Pelosi
is not willing to bring it to the floor. You have nothing to do
with that, but I am sure that the Biden Administration could
help and call Ms. Pelosi and say: We would like to see RENACER
on the floor.
Now, let me just see if I have one more minute if I can get
a little bit more time. Cuba, we have had many discussions
about Cuba. I always ask you about connectivity. My question
is, how many companies on the private sector have you called to
ask for due diligence for connectivity for Cuba? How many
companies?
Ms. Mendrala. We have spoken with several. I cannot give
you a number off the top of my head, but we are having regular
convenings with private sector actors to promote efforts----
Ms. Salazar. I am not saying about promoting. I am saying
asking for due diligence to figure out who can provide internet
to Cuba. How many? Three? Five? Six? How many?
Ms. Mendrala. It is a chief concern of ours, and we----
Ms. Salazar. No, I am not saying it is a chief concern. I
am asking, how many people have you asked to do due diligence
for connectivity for Cuba?
Ms. Mendrala. We have spoken with several private sector
actors.
Ms. Salazar. When are they going to give you a response?
Ms. Mendrala. Many of them are already engaging through
several different means----
Ms. Salazar. But you have always told me that it is not
that easy. I did my due diligence. I have one company. Have you
communicated with them, the one who is most advanced?
Ms. Mendrala. We have spoken with several companies, yes,
ma'am. And I believe I know the company to which you are
referencing, and we have had conversations with them.
Ms. Salazar. All right. So you think that by next month can
you give--can you commit that by next month you can give the
Members of Congress a report of what is happening with the due
diligence for connectivity for Cuba?
Ms. Mendrala. We would be happy to brief, yes.
Ms. Salazar. So that means that I have your word on the
record that, by next month, you are going to give the Members
of Congress a report on what is happening with that.
Ms. Mendrala. We would be happy to brief.
Mr. Sires. Thank you, Congresswoman.
We now recognize Andy Levin for 5 minutes.
Mr. Levin. Thank you so much, Mr. Chairman.
And, you know, it is so upsetting, you know, where things
have come to in Nicaragua. I remember when the Somoza
dictatorship fell in 1979 and there were hopes for democracy,
and today the level of repression and the number of people
thrown in prison is just very, very upsetting.
So, Ms. Mendrala, the Biden Administration requested a
total of $15 million for the Fiscal Year 2022 for assistance to
Nicaragua, all of which was supposed to be for democracy rights
and governance programs.
Explain what we have been doing with our democracy
assistance in terms of pushing back against Ortega's repression
and what could be done better.
Ms. Mendrala. Thank you, Representative Levin, for the
question.
We are, through USAID, supporting Nicaraguan civil society,
independent media, and human rights defenders as they fight for
a return to democracy, rule of law, and respect for human
rights.
It is a tough operating environment, as you can imagine,
and our support assures Nicaraguans that the outside world has
not forgotten them.
Mr. Levin. So basically we are helping to fund
organizations that are under attack and whose leaders may be
being put in jail and this kind of thing, and we are just kind
of doing our best to keep them afloat? Is that what we are
doing?
Ms. Mendrala. There are several organizations in Nicaragua,
in civil society, in independent media, that are doing great
work. They are taking great risks as well to promote democracy,
anticorruption, bringing to--bringing information to the world
about what is happening in Nicaragua.
And some of our democracy promotion assistance comes
alongside these organizations to support their work. It is, as
I said, a very difficult operating environment, especially over
the last few months, as we have seen systematic repression and
imprisonment of several of the champions for democracy in civil
society, opposition leaders, journalists, private sector
leaders, and others----
Mr. Levin. Right. I just have a couple more minutes, so let
me just ask you, you know, if you can send--share with my
office, you know, kind of information about that. I look
forward to reviewing it.
But I also want to talk to you about the humanitarian
situation. You have mentioned it. It is a real crisis. There
have been two hurricanes in November of last year, the COVID-19
pandemic.
My understanding is only two and a half percent of
Nicaraguans have been fully vaccinated and at least a third of
the country is living in poverty. There are high rates of
malnutrition as there have been for years.
Can you describe what our U.S. support is for Nicaragua to
respond to the hurricanes and the pandemic or for Nicaraguan
people to? And how are we seeking to address the current
humanitarian crisis in Nicaragua?
Ms. Mendrala. Thank you very much for that question. I will
note that Nicaragua is the second poorest country in the
hemisphere. Their economy contracted 3.9 percent in 2019 and 3
percent in 2020.
We are very concerned about the humanitarian situation on
the island in the wake of the hurricanes, as you mentioned, and
also because of the mismanagement of the pandemic in the
country and its dire impacts.
With respect to vaccines, in early June, President Biden
announced that the United States will donate half a billion
Pfizer vaccines to 92 low-and middle-income countries in the
African Union. It was a historic action that will help
supercharge the global fight against the pandemic.
Nicaragua is one of the countries receiving vaccines under
the COVAX mechanism, and it is eligible to receive this
donation. It is another example of support for the Nicaraguan
people.
Mr. Levin. OK. How many vaccines have we donated, and how
many have been be actually distributed? You called Nicaragua an
island a minute ago. I think you were referring to the poorest
country in the hemisphere, Haiti, where distribution is a huge
problem. And a very small percentage of the 500,000 doses that
we sent there have been distributed. What is the situation in
Nicaragua, as my time expires?
Ms. Mendrala. Thank you for that question. I am happy to
get back to you with specifics about vaccine distribution. To
my knowledge, the vaccines have not yet been distributed, but
Nicaragua is eligible to receive the donation that the United
States made to COVAX.
Mr. Levin. OK.
Thanks, Mr. Chairman. I will yield back.
Mr. Sires. Thank you, Congressman Levin.
Now we recognize Representative Juan Vargas for 5 minutes.
Mr. Vargas. Thank you very much, Mr. Chairman.
I appreciate the opportunity, and I, in particular, want to
thank the witness here today.
I would at the outset note that, in the RENACER bill, we
actually called the Ortega government the ``Ortega
government.'' So we should be consistent ourselves. If we want
to call him the ``Ortega regime,'' we should call him the
``Ortega regime.'' But anyways, the only reason I say that is
because Deputy Assistant Secretary Emily Mendrala is simply
following what we wrote. I am also on that bill.
I am very disappointed with what has happened in Nicaragua.
I was a young Jesuit missionary back in 1986, and I went to
Nicaragua, and I was there at the UCA, the Universidad of
Central America, and stayed for 2 weeks on my way to El
Salvador, where I was then stationed for a much longer period
of time.
And Nicaragua was very poor. Obviously, it was coming out
of what had happened with Somoza, and the tragedy is, it seems
to be exactly the same again. I mean, you have a dictator
there, and this dictatorship is enriching himself and
impoverishing his people.
He is, once again, just like Somoza, using incredible
repression, violence against his own people.
I do want to ask you specifically if I could, Ms. Mendrala,
about the university there. The rector of the university is a
priest by the name of Chepe Idiaquez. I had received
information from the Jesuits of Central America that his life
was in danger a number of times, that he was out there
counter--well, not counter, but protesting and helping some of
these students who were being shot. And he was bringing them to
the rectory and bringing them to the university. Could you give
me more information on that?
Ms. Mendrala. Thank you very much, Representative. We share
your concerns and the devastation for events in Nicaragua, for
antidemocratic actions, and the impacts on the people. I think
it is really important that we keep centered the human aspect
of this, the consequences that Nicaraguan people are facing.
And, on the specific case of the university there, I am
familiar with the university but not the specific security
concerns of the rector. I would be happy to followup with you
after this hearing to get additional information, provide
information that we know through our embassy, and also discuss
ways that we can be helpful.
Mr. Vargas. Well, I am very concerned about it, just to be
frank. I was in El Salvador after Nicaragua, and, of course,
they killed a lot of the Jesuit priests there. They were able
to go into the rectory. The name of the university is the same.
It is Universidad Central America, although it also has an
addition of Simeon Canas in El Salvador as opposed to
Nicaragua.
And I am very concerned because the university and this
rector have spoken out about the evils of this regime and in
doing so I think has put themselves in harm's way. And we
certainly need to do all we can to help them.
And again I do look forward to that briefing from you. I am
very, very concerned about Chepe and the university there.
Last, I do want to ask, I mean, it does seem to me rather
odd that, with all the repression, torture, the murder, the
disappearance, that we are giving these guys money through the
IMF. That just does not make sense.
I mean, this money was not going specifically going toward
the pandemic, was it? I mean, it seems they were using it for
other items and other purposes.
Ms. Mendrala. Thank you for the question. As I understand
it, this was an expansion of special drawing rights, and it was
a global expansion. And, as I have noted, we take very
seriously our responsibility, and we are at every opportunity
using our voice, vote, and influence to advocate against
lending through international financial institutions to the
Ortega-Murillo government.
We will continue to do so, and we have taken note of strong
congressional opposition to the recent IMF loan, and we will
certainly through our good offices at the State Department make
those concerns known.
Mr. Vargas. Ms. Mendrala, do we have the ability to veto a
drawdown like that from them? As the largest----
Ms. Mendrala. Sir, I do not know the answer to that off the
top of my head. My suspicion is no, but I will take that back
and get back to you.
Mr. Vargas. Thank you very much, and I really do appreciate
you being here. And I will look forward to getting back to you
about the university. Thank you.
I yield back, Mr. Chairman.
Mr. Sires. Thank you, Congressman Vargas.
Thank you, Ms. Mendrala, for your testimony, for answering
the questions. I look forward to working with you in the coming
weeks and months to do everything we can to support the
democratic aspirations of the Nicaraguan people.
But we will be following up on this issue of the loans from
the IMF because it is really not fair to the people of
Nicaragua. It was supposed to go to vaccines. You know,
obviously, you are telling me that you do not know much of any
type of programs to vaccinate the people of Nicaragua, but
where is the money going to?
So I thank you for being here, and I will recess for a few
moments for the second panel to take their seats. Thank you
very much.
Ms. Mendrala. Thank you, Mr. Chairman.
Mr. Sires. All right. The subcommittee will come to order.
I will now introduce our second panel.
Ms. Berta Valle is a prominent Nicaraguan journalist, a
human rights defender. She is also the wife of Felix Maradiaga,
a leading civil society and opposition political figure who was
arbitrarily detained and forcibly disappeared by the Ortega
regime.
In her 15 years of experience as an activist, Ms. Valle has
focused on issues of children's rights, social issues, and
human rights. During her forced exile from Nicaragua, she has
worked to raise awareness about the human rights situation in
Nicaragua and what is happening to Felix and other political
prisoners.
Ms. Valle, we welcome you to the hearing.
We will then hear from President Laura Chinchilla. She was
elected the first female President of the Republic of Costa
Rica in 2010. President Chinchilla previously served as
Minister of Public Security, president of the National
Immigration Board and the National Drug Council, and then as a
Member of Congress. She currently serves as vice president of
the Club de Madrid and co-chair of the board of directors of
the international--at the Inter-American Dialogue.
President Chinchilla graduated from the University of Costa
Rica, and holds a master's in public policy from Georgetown
University.
President Chinchilla, we thank you for joining us today.
And, finally, we will hear from Dr. Ryan Berg, senior
fellow in the Americas Program at the Center for Strategic and
International Studies.
Previously, Dr. Berg was a research fellow at the American
Enterprise Institute, where he helped lead its Latin America
studies program. His research focuses on U.S. Latin America
relations, authoritarian regimes and armed conflict, strategic
competition, and trade and development issues.
Dr. Berg obtained a bachelor's degree in government and
theology from Georgetown University and a doctorate in
political science from the University of Oxford.
Dr. Berg, thank you for joining us today.
I ask the witnesses to please limit your testimony to 5
minutes. And, without objection, your prepared written
Statements will be made part of the record.
Ms. Valle, you are recognized for 5 minutes for your
testimony.
STATEMENT OF BERTA VALLE, JOURNALIST AND HUMAN RIGHTS DEFENDER
Ms. Valle. Good morning, Chairman Sires, Ranking Member
Green, distinguished members of this committee. It is an honor
to appear before you today. Thank you for the space to discuss
the ongoing crisis of democracy and human rights in Nicaragua
and for your continual concern for the Nicaraguan people.
My name is Berta Valle, and I am the wife of Felix
Maradiaga. Felix is a human rights defender, academic, and
candidate for President of Nicaragua. For 105 days, he has been
a political prisoner of the regime of Daniel Ortega, simply for
speaking out against the human rights violation of the regime.
Felix is just one of the more than 140 political prisoners held
in Nicaragua.
My husband, Felix Maradiaga, has devoted his life to
Nicaragua and its people. As a young boy, he fled Nicaragua
because of war and lived in the United States as a refugee. He
returned as an adolescent, committed to building a peaceful and
prosperous country for all Nicaraguans.
As a teacher, public servant, and activist, he was always
emphasizing the importance of nonviolent change, peaceful
resistance, and civilian democracy. But this work has made him
an enemy of Daniel Ortega.
Indeed, for years, Felix had been speaking out in Nicaragua
and abroad that Daniel Ortega posed a severe threat to our
democracy. We have seen him consolidate his power and abuse of
human rights. Now we are living the nightmare my husband
worried about many years ago, including before this same
subcommittee in 2019.
On June 8 of this year, Felix was called to the public
ministry for an interview. While there, he was interrogated for
4 hours. He left the public ministry, and 15 minutes away, away
from the press, his car was pulled over by the police. He was
pulled out of the car and beaten and taken away. On the same
date, Juan Sebastian Chamorro, another Presidential candidate,
was also taken from his home.
The regime has used the same tactics against countless of
opposition leaders, including Presidential candidates, party
leaders, student activists, journalists, businesspeople, labor
leaders, and peasants.
For 84 days, Felix and Juan Sebastian were disappeared.
They were held in an undisclosed location without any access to
their families, their lawyers, or their doctors. For 84 days,
we did not even know if their or the other disappeared people
were alive.
Since June 8, Juan Sebastian's wife, Victoria Cardenas, and
I have been raising our voices and speaking out about the
situation of political prisoners in Nicaragua. We know that if
we remain silent, Daniel Ortega will win.
In July, Victoria and I traveled here to Washington to meet
with officials in the Biden Administration; with Members of
Congress, including Chairman Sires and Ranking Member Green;
with civil society groups and human rights organizations. Days
later, the Ortega regime convicted us traitors of the homeland,
just for speaking with a U.S. Government official and
advocating for the release of Felix, Juan Sebastian, and the
rest of the political prisoners.
On August 31, after 84 days of being disappeared, the
regime allowed Felix, Juan Sebastian, and some other prisoners
a short visit with a family member. This was the first time
that anyone has seen or heard from them since June 8.
Even though Felix has dedicated his life to serving our
country, the regime has charged him and others with a
conspiracy to undermine national integrity. The government is
alleging that Felix and others were part of the global
conspiracy to use foreign resources, including from the U.S.
Agency of International Development, the International
Republican Institute, and the National Endowment for Democracy,
to harm the interests of the Nation.
We know that some have been subject to psychological
torture. Many have lost substantial weight. Felix and Juan
Sebastian have each lost 25 pounds in just 3 months. And we
worry especially for the women who have been detained, as we
have heard that they had been held in solitary confinement for
3 months. And we worry for the children of all the political
prisoners who are living without their parents and suffering
from trauma and separation anxiety, like my own 8-year-old
daughter.
But while I am here, there are more than 140 families
suffering the same pain of having a loved one detained or
disappeared. All Nicaraguan people live in fear from this
regime that have shown it will do anything to silence
opposition and stay in power. And thousands continue to suffer
and die from the regime's neglect and mismanagement of the
COVID-19 pandemic.
Chairman Sires, Ranking Member Green, members of this
committee, we need the urgent assistance of President Biden and
the U.S. Congress to work bilaterally and multilaterally to
hold Ortega accountable for this assault on our democracy. I
implore you to ensure that the United States works with its
allies around the world to defend our human rights. We need
your support and action now more than ever.
Mr. Sires. Thank you very much.
Ms. Valle. Thank you, and I look forward for your
questions.
[The prepared statement of Ms. Valle follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Mr. Sires. Thank you very much for your testimony.
We will now recognize President Chinchilla for 5 minutes
and her testimony.
STATEMENT OF LAURA CHINCHILLA, (FORMER PRESIDENT OF COSTA
RICA), CO-CHAIR, THE INTER-AMERICAN DIALOGUE
Ms. Chinchilla. Good morning, Mr. Chairman Sires, Ranking
Member Green, distinguished members of the subcommittee. Thank
you for the invitation.
Nicaragua is at the edge of a precipice with no return. We
are only 6 weeks away from the likely consolidation of a
ruthless, corrupt, dynastic dictatorship in the heart of the
Americas. It will occur despite multiple resolutions approved
by the United Nations, Human Rights Council, and the General
Assembly and Permanent Council of the OAS.
Beyond the suffering of the Nicaraguan people--and we just
heard this testimony--this dismal situation will have a
destabilizing impact for the rest of Central America and the
entire hemisphere.
Some of the consequences are, first, an increase in forced
migration. More than 100,000 Nicaraguans have migrated since
April 2018, when the last wave of political repression started.
Over 80 percent of this migration has gone to Costa Rica, my
country. However, these flows are turning to the United States
of America. It is expected that in 2021, at least 60,000
Nicaraguans will be apprehended at the United States-Mexico
border.
Second, a disruption in regional trade. A deeper crisis in
Nicaragua will hinder the economic reactivation urgently needed
by neighboring countries given that the economies of Central
America are highly integrated.
Third, an invigoration of undemocratic ruling. Ortega's
reelection in a rigged process, particularly after openly
defying calls from the international community to correct
course, will incentivize other autocratic rulers in Central
America and beyond to abandon even the semblance of democracy.
Finally, a threat to regional security. Ortega's military
strategy of increasing cooperation with Russia risks altering
the reasonable balance of forces in Central America.
Nicaragua's territory is also being used to protect Central
American fugitives from justice, something which is likely to
increase.
To face these major challenges and risks, I respectfully
recommend, No. 1, to request relevant national and
international organizations, including the OAS, to issue
updated and reliable reports as soon as possible documenting
the human rights violations and exposing the electoral farce of
the regime.
No. 2, to work toward invocation of Article 21 of the
Inter-American Democratic Charter to suspend Nicaragua from the
exercise of its right to participate in the OAS.
No. 3, to align actions of international financial
institutions to define things and recommendations of regional
organizations on human rights and democracy in order to stop
immediately the external supply of financial oxygen to the
Ortega regime.
No. 4, to eliminate all the support to the Nicaraguan army,
a key player in the endurance of the regime, including the
support via the U.S. Southern Command.
No. 5, to investigate Ortega-Murillo's families,
associates, and businesses for money laundering and drug
trafficking given prior sanctions on Ortega's son for these
kind of crimes.
No. 6, to increase humanitarian aid for Nicaraguans in
exile and for countries receiving immigrants, especially Costa
Rica and Panama, including COVID-19 vaccine relief.
And, finally, to urgently articulate a more coherent,
consistent, diplomatic offensive with allies in the Western
Hemisphere and in the rest of the world to avoid the electoral
fraud, or, failing that, to deny the legitimacy to the
government resulting from it. Ortega must pay a heavy price for
installing a North Korean-style regime in our region.
Mr. Chairman, members of the subcommittee, democracy in
Nicaragua is perishing in broad daylight. It is dying as the
hemisphere commemorates 20 years of the decoration of the
Inter-American Democratic Charter. Unless this is stopped, it
would call into question the effectiveness of our regional
instruments and commitments to protect and defend democracy.
Action is needed, and it is urgent now.
I deeply hope that our next steps will live up to our
commitments with democracy.
Thank you.
[The prepared statement of Ms. Chinchilla follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Mr. Sires. Thank you, President Chinchilla.
We will now hear from Dr. Berg for his testimony.
STATEMENT OF RYAN C. BERG, SENIOR FELLOW, AMERICAS PROGRAM,
CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES
Dr. Berg. Chairman Sires, Ranking Member Green, and
distinguished members of the subcommittee, thank you for the
opportunity to testify today on this important topic.
Vamos con todo--let's go with everything. The chilling
words of vice president and first lady Rosario Murillo,
ordering spontaneous protests that began in April 2018 to be
crushed, presaged the brutal consolidation of a dynastic
dictatorship in the middle of the Americas.
What should have been notable celebrations, the recent
200th anniversary of Central America's Independence Act, and
the 20th anniversary of the Inter-American Democratic Charter,
were instead marred and overshadowed by the depths of despair
wrought by this regime, which has declined through all forms of
regime hybridity and is now an undisputed dictatorship.
To your point about nomenclature, Representative Green and
Representative Vargas, no normal regime possesses nearly
unlimited executive influence over a country's institutions. No
normal regime commits crimes against humanity. No normal regime
imprisons and brutally disappears every declared political
opponent. No normal regime crosses into the territory of
foreign countries to assassinate political opponents in exile.
I could go on.
November's elections, far from an exercise in democracy,
are instead a bitter reaffirmation of the Ortega-Murillo
family's plan to consolidate a dynastic dictatorship to replace
the one that they overthrew. Ortega and his collaborators have
set the stage for a coronation ceremony.
The regime's latest absurdity is notable because it is so
indicative of its nature. The regime issued an arrest warrant
for Sergio Ramirez, one of the country's most celebrated
authors and Ortega's former vice president.
Ramirez' most recent book is set in a country whose people
are terrorized by a purported revolutionary government that has
long since abandoned whatever principles may have once animated
it and is now concerned with maintaining power at any price.
Ramirez' real crime appears to have been dropping his normal
genre of fiction, and instead engaging in nonfiction.
Old, frightened, paranoid, and therefore erratic, the
Ortega-Murillo regime will stop at nothing in its quest to
consolidate power and ensure its survival. And it is my firm
belief that they have yet to show their entire hand.
The U.S. must lead a strategy of sustained pressure as the
cement dries on Nicaragua's consolidated dictatorship. This
involves specific policies in the short, medium, and long-term.
In the short-term, we must urgently cutoff Ortega's sources of
finance.
While Congress has dithered, Nicaraguans have been
arrested, disappeared, and tortured. Yet, the U.S. Government
has stood by despite valuable laws that could be implemented to
a fuller extent. Most importantly, the U.S. must tighten up the
interpretation of the NICA Act, which is critical to cutting of
Ortega's ability to access funds at multilateral institutions.
Ortega now sits on billions of dollars in reserves, which,
to my understanding, is one of the strongest positions he has
ever held throughout this crisis.
Second, we must advocate for political prisoners. The U.S.
should push incessantly for the release of political prisoners
in Nicaragua, push for better conditions and legal
representation, and signs of life for those who have been
disappeared. Crucially, it should not reward the regime's
hostage-taking strategy and should resist at all costs the
siren song of negotiations.
In the medium term, I think we should ignore entirely
November 7, 2021. The elections are not an exercise in
democracy, as I said, and the U.S. should no longer consider
the date a meaningful reference point for any of its
policymaking. The Ortega-Murillo regime has strangled the
electoral route, and the U.S. Government's theory of political
transition must change accordingly.
I think we need to declare Nicaragua's elections
illegitimate under current conditions. The U.S. should be
entirely clear about the illegitimacy of these elections and
the regime that it affirms, and it should work with partners,
like Canada, the European Union, and the rest of the countries
in Latin America, and encourage them to follow suit.
Others have mentioned some of my other policy
recommendations, such as Article 21 of the Inter-American
Democratic Charter, as well as specific sanctions targets that
we might go after.
I want to mention in the remaining time that I have, CAFTA-
DR. The U.S. must review its trading relationship with
Nicaragua. Not only is trade with the U.S. a privilege and not
a right, but in a country lacking even the semblance of the
rule of law, like Nicaragua, it is doubtful that it can comply
with its obligations under CAFTA-DR. A review of Nicaragua's
participation in CAFTA-DR should include a robust discussion,
all the way up to its potential suspension.
Last, I want to recommend to the Congress the support and
appointment of a time-limited U.S. special envoy. Quite simply,
at the present moment, U.S. policy is unmoored from a strategy
of long-term, consistent pressure on the Ortega-Murillo regime.
Recent weeks have witnessed the U.S. increase sugar quotas for
Nicaragua, and the U.S. Commercial Service organize a trade
mission to Managua.
Such policies are entirely inconsistent with the policy of
pressure on the regime, and a special envoy would be there to
direct interagency coordination and develop the necessary
international coalition to pressure the regime.
I will stop there, and I look forward to your questions.
Thank you again.
[The prepared statement of Dr. Berg follows:]
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Mr. Sires. Dr. Berg, thank you for your testimony.
President Chinchilla, I am concerned about Costa Rica. I am
concerned about the influx of Nicaraguans obviously leaving
Nicaragua.
I wonder if you have any suggestions on how we can corral
some of these members in the area, with your experience as a
former President, to put pressure on Nicaragua to stop doing
what they are doing. How do we accomplish that?
Ms. Chinchilla. Well, thank you very much, Mr. Chairman,
for being concerned about Costa Rica.
And you are right, because, as I mentioned, Nicaragua is a
factor of this destabilization in a region which is going
through probably the worst time since the civil wars. The
Central American nations are going through many difficult
problems. So we have to do something about Nicaragua.
Now, in the case of Costa Rica, I just want to take the
opportunity to call your attention on the need to add some
additional humanitarian aid so we can be able to respond to all
the Nicaraguans that are fleeing to Costa Rica.
Now, concerning the rest of the Central American countries,
unfortunately--and this is very sad--I have to recognize that
many of the governments are dragging their feet concerning the
situation in Nicaragua for many different reasons. There is one
government which is about to finish, and its President is just
thinking about where to go after that.
There is another President who is following a very
concerning authoritarian path. So in certain ways, she does not
want to get involved in these discussions.
And there are other governments who are going through many
difficult problems. We cannot ignore the situation related to
the COVID-19 pandemic and the hurricanes that they suffered
some years ago. But, of course, it is necessary to do
something.
Let me tell you that one of those institutions that have
been lending money to the Nicaraguan Government is the Central
American Development Bank and also the Taiwanese Government.
So I think that the United States--and you are working in a
bipartisan kind of way--you have the possibility to approach to
those governments to call their attention and to try to
mobilize a stronger pressure inside those financial
institutions and, of course, to keep their commitment at the
OAS.
Mr. Sires. Thank you, President Chinchilla.
Dr. Berg, you stated that Nicaragua has millions and
millions of dollars in reserve. Where did that money come from?
Dr. Berg. Thank you very much for the question,
Congressman. I share your frustration expressed on the first
panel about our inability to leverage to the fullest extent the
NICA Act. Much of it has come from multilateral financial
institutions that have lent Nicaragua money for a number of
reasons. Some of it has been pandemic related. Others have been
special drawing rights, as has been mentioned by the deputy
assistant secretary.
So it has been for a number of reasons, but by my
calculation and what is actually publicly available data, the
Nicaraguan regime is currently sitting in the billions of
dollars in terms of their reserves.
We talked earlier in this hearing about the little amount
of money that has been used on the COVID-19 response in
Nicaragua. And Carlos Fernando Chamorro of Confidencial had a
very nice report on September 1 of this year where he basically
reported that only 10 percent of the funds that have been given
by multilateral banks and have been pegged for the COVID-19
response had actually been used by the Nicaraguan Ministry of
Health.
So there is a lot of money out there, as we have been
hinting at throughout this hearing, that is being used for
other purposes, where it is possibly padding the ruling
couple's personal bank accounts and their crony networks. It is
completely nontransparent where that money actually is.
And so Confidencial says only about 10 percent of that
funding is being used. That is very concerning, from my
perspective.
Mr. Sires. How do we bring attention to the IMF this--all
these things that you just said to me?
Dr. Berg. Congressman, I think in the RENACER Act, if I am
not mistaken, there is an explicit calling for a ramping up of
the NICA Act, using the NICA Act to the fullest extent that it
can possibly be used. And it is my understanding that, if we
were to implement the NICA Act to its fullest extent, we have
the tools available to call out the IMF. We have the tools
available to use our influence at that institution to make sure
that these kinds of loans do not keep the regime afloat.
So I think we have everything that we need. We just need to
start using, in some cases, the tools that we have.
Mr. Sires. Thank you very much.
Ms. Valle, what is the condition of your husband today?
Ms. Valle. Yes. The only information that we have was the
one that we got from her sister during this 20-minute visit.
And what she told us is that he looks very skinny, around--I
already mentioned--we calculate that he had lost around 25
pounds. And he also mentioned about these continuing
interrogations, sometimes three times a day, every day.
They cannot go outside to receive light from the sun. So, I
mean, you can tell in their affect that they are not being fed
well, and we truly believe that their lives are in dangers. We
are afraid of them dying. And I not only mention this because
of my husband and my own feeling, but, also, we have learned
that some of the political prisoners have lost more than 25
pounds. And because of their age, they have to receive special
treatment and medical assistance, which we know they are not
getting.
And we also heard from others that the police is asking for
another type of medication, which they did not drink before
getting into prison, so we can know that their health is
deteriorating very fast.
And, I mean, the situation is just horrible, and they are
incommunicados right now. After that meeting, we haven't heard
from them again. We haven't seen them again. So they just give
us that 20 minutes to talk to them, under surveillance, because
the police was present there. They have cameras recording the
families when they enter. And we know they even have audio
recording while they were talking.
So there were not like a space where they can have privacy
to really say everything. So we really--we are afraid of their
well-being and about their lives. And we are asking the regime
to let us know, you know, and to let us get in touch with them,
to let us bring them food, because they are not being fed well.
We are asking and demanding, because it is a right to have
visits, you know, as the law says. And even imagine----
Mr. Sires. My time is up. I need----
Ms. Valle. Oh.
Mr. Sires [continuing]. To move on to the ranking member.
Mr. Green. Thank you, Mr. Chairman.
My first question is for Dr. Berg. And are there any
foreign governments with interest in Nicaragua that are
undermining U.S. and international efforts there? And, if there
are, could you describe both in terms their direct involvement
with the government as well as through multinational
organizations? I am specifically talking about other countries.
Dr. Berg. Thank you, Congressman Green, for the question.
Yes. The two countries that I would point out as extra-
hemispheric actors which have come into the hemisphere to shore
up the Ortega regime are Russia and Iran. Russia we have seen
with a significant presence in Nicaragua for a while. It has
increased its presence in the past years to an extent that I
think should be very alarming for the U.S. Government. Not only
does it have a number of port agreements with Nicaragua and
access to the Caribbean, where it can engage in anti-access and
area-denial capabilities potentially, but also in cyberspace.
We saw recently the Russians and the Nicaraguans sign a major
agreement on cyberspace, particularly to help the regime, not
only increase its domestic security apparatus, but to spy
potentially on the opposition, on Nicaraguan citizens, and
indeed potentially on other governments in Central America,
depending upon the strength of the equipment transfers that we
will see in the future.
So the Russians have a whole range of capabilities that
they are developing within Nicaragua. There are signals
intelligence stations that are actually quite close to the U.S.
Embassy in Managua. Russia has an interest in shoring up this
regime on the cheap.
And I think Iran has approached the regime in a number of
ways, most specifically in offering partnerships to circumvent
U.S. sanctions architecture, at which it excels because of the
sanctions architecture that it has been under for so long. And
we haven't seen as deep, I would say, as a presence of the
Iranians in Nicaragua, but it is there, and it is also
concerning.
I think in general, Congressman, part of the Ortega
regime's plan for survival is to re-create a situation of
rivalry and enmity in Central America again and lend a platform
for major geopolitical competitors to the United States to
increase their capabilities on the U.S. doorstep. And I think
that is a significant aspect of this political, economic, and
social crisis that we need----
Mr. Green. He very----
Mr. Berg [continuing]. To pay attention to.
Mr. Green. Yes. He very clearly sees that as sustaining him
against any efforts that we might make. The concern for us, of
course, is that it puts those authoritarians right there, and
it brings up my next question for President Chinchilla.
Ma'am, what are your thoughts on Ortega himself exporting
this authoritarianism throughout Central and all of Latin
America? Do you feel like he is having an impact?
We know Maduro is, but what is--what is Ortega's impact
throughout the region with the influence in power of
authoritarian government?
Ms. Chinchilla. He is coordinating actions with Venezuela
and Cuba. And from that point of view, his influence is
expanding, of course.
Now, let me give you some examples of what has happened in
Costa Rica. He, for example, sent someone about 2 weeks ago to
menace some of the people living there. Even one person was
hitted by a--you know, a--with a gun by some, you know, persons
that are related to the Nicaraguan security forces.
Second, they are trying to destabilize, through the use of
social media, some of the nations around them.
And, finally, he was even able to embed Costa Rica when I
was in government, because I may remember you that Costa Rica
has no army. We have relied on basically our diplomacy and
international law to defend ourselves. So he also profits from
these kind of specific conditions that we have.
But, certainly, if we allow Ortega to stay in power for
more years, he will continue adding his efforts with--along
with Cuba and Venezuela, to destabilize our region.
Mr. Green. Thank you.
And, Chairman, I yield.
Mr. Sires. We now recognize Congressman Vargas for 5
minutes.
Mr. Vargas. Thank you again, Mr. Chairman. I appreciate the
opportunity to speak here. And I want to thank all three of our
witnesses: Ms. Valle, President Chinchilla, and, of course, Dr.
Berg.
You know, when we hear about these dictators--and there is
a number of them around the world--we always hear the same
thing. These are horrible people--and they are--and that we
should do something about it and get rid of them. But they seem
to be very resilient.
I mean, we do a whole lot of things to try to get rid of
them, and we are not very successful. I will just be frank. I
mean, I know that someone will come after me and, you know,
chant and rant against, you know, Cuba and, you know, Castro,
but he has been there a long time. I mean, we wanted to get rid
of him for a long time. We have done lots of things to try to
get rid of him, but we cannot get rid of him.
I mean, we, of course--Maduro is destroying his country, in
Venezuela, is just absolute destruction of that poor country,
which used to be a wealthy country, and there is not much we
can do.
And now we have, you know, Daniel Ortega destroying his
country, absolutely destroying it. Everybody comes and says,
you have got to do something about it, you have got to do
something about it and, you know, the United States is not
doing anything.
Well, the truth is that these guys seem to be pretty damn
resilient.
Dr. Berg, what is it about these autocratic, dictatorial
people that they are so damn resilient?
Dr. Berg. Well, thank you for the question, Congressman. I
share your sentiment that autocratic and dictatorial regimes
are, unfortunately, quite resilient. They do rely, I think, on
what I would call a dictator's playbook, a well-worn playbook
that many of them follow and, therefore, it is exportable, to
Congressman Green's earlier question, for others to follow and
for others to mimic and to copy.
I think there are well-worn steps along the way. And, of
course, it would have been nice if the U.S. Government had
acted sooner against Ortega, but we are here in this moment
now, and so we are urging, you know----
Mr. Vargas. If I can interrupt. Acted sooner how? By doing
what? I mean, that is, I think, the whole point. I mean, I
think people think we have the magic bullet. If the United
States had done this. Well, we did a whole lot of damn things
to stall these guys, and they still seemed to survive. That is
the point.
Dr. Berg. Well, Congressman, right now, we heard from the
deputy assistant secretary that we are going to condemn and
express concern. I think those are important things to do, but
I think that this regime does not necessarily understand them
in the same way that you and I do, and I would urge further.
Look, we have had the NICA Act since 2018. You asked what
we can do. That is just a simple example. We have had the NICA
Act since 2018, and we haven't been using it to the fullest
extent since 2018. That is 3 years of significant amounts of
funding that have gone to the Ortega regime.
This is one of the regime's main sources of reserves. There
is not a robust economy in Nicaragua, as has been noted in this
hearing. Nicaragua is either the second or the third poorest
country in the hemisphere, depending upon how you measure it.
So we have tools. They are not silver bullets, like you
said. They are not magic wands. And I agree that the regime's--
--
Mr. Vargas. But even----
Mr. Berg [continuing]. Dictatorial regime is resilient, but
we have tools.
Mr. Vargas. But it seems to me that even when we use these
tools, oftentimes we impoverish the people there, but the
regime stays the same. I mean, look at Maduro. I mean, Maduro
has destroyed that country. That was a wealthy country. We have
done all sorts of things, and we have impoverished the people
there, and they have gone all over the damn place. But we
haven't gotten him out of there. He is still there.
And, again, I think we have done a lot to try to get rid of
him, but, you know, he--he is resilient. These guys are
resilient. They do not--I do not think they give a crap about
their people. I think they give a crap about themselves, and so
they do not care if the people suffer, as long as they are in
power.
Dr. Berg. Well, Nicaragua has been running a very poor and
impoverished State for a long time. Ortega, rather, has been
presiding over a very poor, impoverished State for a long time.
He has been in power this go-round since 2007, and so it is not
just recently that Nicaragua has descended to either the second
or third poorest country in the hemisphere. For many years,
there has been a crony capitalist system there in Nicaragua,
and it hasn't been working for the general Nicaraguan.
And so it is well overdue for Nicaraguans to have this
conversation among themselves about what makes for the best
country. They tried to do that this year. All of the opposition
candidates were arrested.
Mr. Vargas. Dr. Berg, I think that President Chinchilla
wanted to answer that. Go ahead, President.
Ms. Chinchilla. Thank you. Thank you so much.
No. I just want to mention that, in my opinion, we still
have some additional instruments in order to protect democracy
in our hemisphere, because basically the instruments that were
designed weren't prepared for the kind of abrupt disruption of
constitutional order, but we are not prepared for this new kind
of gradual deterioration of democracy.
And basically--and I will suggest, for example, to
introduce democratic clauses on some important regional
instrument so the financial institutions and, for example, the
trade agreements can really be suspended when those democratic
clauses are not complied----
Mr. Vargas. My time----
Ms. Chinchilla [continuing]. Specifically to the
instruments.
Mr. Vargas. President, thank you. My time has expired, but
I appreciate both your answers very much. Thank you. Thank you
very much.
I yield back.
Mr. Sires. Thank you, Congressman.
Again, thank you to our witnesses for joining us today.
As the Ortega regime moves ahead with stealing this
November's elections, the international community must come
together to impose a very steep price.
I believe we should work urgently with our allies in Latin
America and in Europe between now and November, November 7, to
lay down clear consequences for Ortega if he continues down
this current path. We need to demonstrate that we stand on the
side of democracy in full support of the Nicaraguan people.
With that, the committee is adjourned.
Thank you to our witnesses.
[Whereupon, at 11:39 a.m., the subcommittee was adjourned.]
APPENDIX
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OPENING STATEMENT
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RESPONSES TO QUESTIONS SUBMITTED FOR THE RECORD
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ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD
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