[Congressional Record Volume 151, Number 160 (Wednesday, December 14, 2005)]
[House]
[Pages H11609-H11612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENSE OF CONGRESS REGARDING NICARAGUA
Mr. BURTON of Indiana. Mr. Speaker, I move to suspend the rules and
agree to the concurrent resolution (H. Con. Res. 252) expressing the
sense of Congress that the Government of the United States should
actively support the aspirations of the democratic political and social
forces in the Republic of Nicaragua toward an immediate and full
restoration of functioning democracy in that country, as amended.
The Clerk read as follows:
H. Con. Res. 252
Whereas the United States is strongly committed to
promoting democracy and the rule of law through the
democratically elected government and the civil society of
Nicaragua;
Whereas the Democratic Charter of the Organization of
American States, of which the United States and Nicaragua are
signatories, stipulates that ``[t]he peoples of the Americas
have a right to democracy and their governments have an
obligation to promote and defend it'';
Whereas after experiencing a revolution, loss of personal
liberties, destruction of property, and economic instability
a quarter century ago, the people of Nicaragua are committed
to maintaining a democratic form of government that functions
democratically and whose branches of government respect the
rule of law and human rights;
Whereas in November 2001, during the last national
election, approximately 90 percent of voters in Nicaragua
turned out to vote, indicating a strong commitment to a free
electoral process and self determination;
Whereas international observers, including representatives
from the National Democratic Institute, the International
Republican Institute, the Carter Center, and the Organization
of American States, monitored the Nicaraguan elections of
November 2001 and determined that the elections met minimum
international standards and that the outcome reflected the
will of the Nicaraguan people;
Whereas ex-President Arnoldo Aleman and Sandinista
Liberation Front (FSLN) leader Daniel Ortega entered into an
agreement, which is widely known throughout Nicaragua as
``the Pact,'' to exploit the legislative powers of the
National Assembly to undermine the Nicaraguan Constitution,
the Presidency of Enrique Bolanos Geyer, and key institutions
of representative democratic governance;
Whereas polls indicate that an overwhelming percentage of
Nicaraguans oppose the Aleman-Ortega Pact, and tens of
thousands of Nicaraguans have taken to the streets in the
past year to call for an end to the Pact;
Whereas in September 2005, the Secretary General of the
Organization of American States warned that the attempt by
the Nicaraguan national legislature to strip President
Enrique Bolanos Geyer's ministers and other senior government
officials of their official immunity had created
circumstances that would have made the country ungovernable
and generated endless conflict;
Whereas with regard to the attempt by the National Assembly
through the operation of the Aleman-Ortega Pact to undermine
the privileges of the Nicaraguan executive branch, the
Organization of American States urged, in the strongest
possible terms, that ``the parties concerned enter into a
broad and constructive dialogue, free of pressures and
threats'' and that the parties ``respect the mandate freely
conferred upon President Enrique Bolanos Geyer and the other
elected officials by the Nicaraguan people'';
Whereas the National Assembly, in reaction to pressure from
the international community, in October 2005, voted
unanimously to delay until after the term of President
Enrique Bolanos Geyer expires in January 2007, the enactment
of these constitutional amendments by approving the Framework
Law for the Stability and Governability of the Country
(Framework Law);
Whereas, although the enactment and implementation of the
Framework Law has reduced the political tensions in
Nicaragua, the practical effect of the Pact remains largely
intact as Arnoldo Aleman and Daniel Ortega continue to wield
near total control over the National Assembly, the Supreme
Court, the Electoral Council, and the Comptroller's Office,
and the Human Rights ombudsman's office;
Whereas free, fair, transparent, and inclusive electoral
processes, in conjunction with strong adherence to the
constitution and democratic institutions, are the bulwark
against anti-democratic forces;
Whereas presidential and legislative elections in Nicaragua
are scheduled to be held in October 2006; and
Whereas the prerequisites for free, fair, transparent, and
inclusive elections have not yet been met, including securing
a sufficient number of credible national and international
observers, completing the distribution of voter
identification cards, and ensuring that all qualified and
willing candidates are permitted to contest the elections:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That--
(1) Congress--
(A) condemns the continued operation of the Aleman-Ortega
Pact as detrimental to democracy in the Republic of
Nicaragua, the future of democracy in Nicaragua, and the
stability of the entire region;
(B) denounces the previous attempts by the National
Assembly to encroach unconstitutionally upon the powers of
the executive branch, undermine the governability of the
country, and advance the personal ambitions of some of its
current and former members;
(C) applauds the diplomatic efforts of the Organization of
American States (OAS) and
[[Page H11610]]
the Secretary-General of the OAS for demonstrating the
viability of the Inter-American Charter as an increasingly
effective instrument in the Western Hemisphere for overcoming
obstacles that impede institutions, whether such institutions
are executive, legislative, or judicial in nature, from
governing democratically;
(D) concurs with the convening of a broad National Dialogue
to address the challenges that confront the Nicaraguan people
as they attempt to build a more effective democracy; and
(E) supports the efforts of the Government of Nicaragua and
civil society to create the necessary conditions for free,
fair, transparent, and inclusive elections in 2006, including
by having effective and robust monitoring missions by the
Organization of American States and other international
observers, supporting the training of domestic election
observers, assisting in the auditing of voter rolls to ensure
accuracy, promoting the complete distribution without
discrimination of proper voter identification documents, and
encouraging the lawful inclusion of all qualified candidates
in the electoral contests; and
(2) it is the sense of Congress that--
(A) it should be the policy of the United States to support
democracy, the rule of law, and human rights in Nicaragua and
work cooperatively with regional and international
organizations to bolster Nicaraguan efforts to establish the
requisite conditions for free, fair, transparent, and
inclusive presidential and legislative elections in 2006;
(B) it should be the policy of the United States to work
through the Organization of American States and other
regional and international organizations to encourage
political elements within Nicaragua to preserve, protect, and
defend the letter and spirit of that country's constitution;
and
(C) to the extent that electoral or democracy and
governance assistance is provided, the President of the
United States should ensure that such assistance is provided
only for the purposes of training election observers and
ensuring the integrity of the electoral process as requested
by the President of Nicaragua, that such assistance be
provided through nongovernmental organizations on a non-
partisan basis in the United States and Nicaragua, and that
the details of such assistance be made public on a timely
basis to promote transparency and accountability in both
countries.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Burton) and the gentleman from California (Mr. Lantos)
each will control 20 minutes.
The Chair recognizes the gentleman from Indiana.
General Leave
Mr. BURTON of Indiana. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative in which to revise and extend their
remarks and to include extraneous material on the resolution under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may
consume, and I rise today in strong support of this concurrent
resolution that expresses the sense of Congress that the United States
should actively support efforts in Nicaragua to move that country
towards an immediate and full restoration of a functioning democracy.
Further, the resolution calls on the United States and the
international community, including the Organization of American States,
to actively support the government of Nicaragua and civil society as
they work to establish the necessary conditions to ensure a free, fair
and transparent electoral process.
Throughout the 1980s and the 1990s, Latin America and the Caribbean,
with the notable exception of Cuba, made remarkable progress towards
democracy. I believe much of the credit for this progress is due to the
courageous leadership of many democracy-minded people in the region who
grew weary of the brutal dictatorships, but also the dedication of
people like former President Ronald Reagan and others in the U.S. and
elsewhere who invested in the future of these countries by helping to
plant the seeds of democracy and nurturing them over time.
That investment is paying off, but we should be under no illusions
that the work is complete. The truth is that, 15 years after the
Managua Spring, democracy and freedom in Nicaragua are being eroded.
While democracy is still holding on, it is not without its opponents,
and in Nicaragua, the alarm bells are ringing.
Right now in Nicaragua, the hard left and the corrupted right are
making common cause in attempting to bring down the democratically
elected government of Enrique Bolanos. Sandinista leader Daniel Ortega
in alliance with convicted former president Arnoldo Aleman has entered
into an arrangement known as the Pact that poses a real and present
danger to every democratic institution in that country, from the
national assembly, the national electoral council, to the supreme court
right on down.
For example, the Pact, through its control of the National Assembly
of Nicaragua, tried to strip President Bolanos of his constitutional
powers through what is known as the Stability and Governability of the
Country Law. In October, however, the assembly, under pressure from the
international community and perhaps the introduction of this
resolution, voted to postpone this law until after President Bolanos
leaves office in January of 2007.
Delaying the governability law has allowed Nicaragua to avoid an
immediate constitutional crisis. But as President Bolanos said quite
clearly during a recent visit with members of our subcommittee here in
Washington, which I chair, the future of Nicaraguan democracy remains
under threat and that the United States needs to pay attention before
it is too late.
I believe that we must do what we can to ensure that the upcoming
elections in Nicaragua are free and fair. Passage of this resolution
will send a loud and clear message to the political elements that are
attempting to subvert Nicaraguan democracy that the United States does
not abandon friends who have stood so strong for the value of
democracy.
{time} 2115
While the recent actions of the Ortega-Aleman Pact indicate they may
have abandoned their immediate efforts to overthrow President Bolanos,
we should be under no illusion that they have given up their longer-
term goal of returning Nicaragua to the days of oppression and
dictatorship. So many Nicaraguans died during the years of violence and
civil war for the dream of a free and democratic Nicaragua. Their
sacrifice should not be in vain. We must work with the democratic
forces of Nicaragua to ensure that Nicaragua continues to thrive and
benefit for the people of that nation.
The resolution before us sets out a path which I believe and many of
my colleagues on both sides of the aisle believe will ensure that
democracy remains viable in Nicaragua. I urge my colleagues to show
their support for democracy in Nicaragua by supporting this resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this important resolution,
and I want to commend my good friend from Indiana for submitting this
very important piece of legislation.
Mr. Speaker, although Nicaragua narrowly averted a political and
constitutional crisis recently, the country remains gripped by an epic
struggle to maintain its democratic form of government and its respect
for the rule of law and civil society.
Former Nicaraguan President Arnoldo Aleman and former communist
dictator Daniel Ortega conspired to subvert the administration of the
democratically elected President Enrique Bolanos to their perverse
interpretation of Chinese water torture.
Through their control of the National Assembly in Nicaragua, Aleman
and Ortega slowly, but methodically, packed the Supreme Court, the
Electoral Council, the comptroller's office, and other institutions
with their stooges.
They then planned to carve away key revenue-raising administrative
offices, like TelCor, the agency in charge of telecommunications in
Nicaragua, and place them under legislative control. The last step for
the unholy Aleman-Ortega alliance was to begin the process of removing
several members of Bolanos' cabinet and other senior officials from
their government positions on very questionable grounds.
Mr. Speaker, the dubious legal proceedings against President Bolanos'
government sparked a resounding and near universal international
outcry. From the Organization of American States to the Central
American Court, to members of this body, led by my
[[Page H11611]]
friend and colleague, Mr. Burton, chairman of the Western Hemisphere
Subcommittee, a cacophony of respected voices reiterated their
unwavering support for true democracy and the rule of law in Nicaragua
and their determined opposition to the return of corrupt caudilloism.
Undoubtedly feeling the intense pressure, Sandinista leader Ortega
broke ranks with former President Aleman and entered into a new
agreement with President Bolanos that postponed the most onerous
constitutional and administrative changes until after the end of
Bolanos' presidential term in 2007.
Mr. Speaker, while the new agreement between Bolanos and Ortega
defused a volatile confrontation between the executive and the other
branches of Nicaragua's government, it did not remove Aleman or Ortega
loyalists from their government positions, at least to the extent that
the Aleman-Ortega Pact still remains in place.
Under normal circumstances, the influence that Aleman and Ortega are
able to continue to wield, either individually or jointly over the
operation of Nicaragua's government, would be troublesome enough. With
presidential and legislative elections scheduled to be held within a
year's time in Nicaragua, their influence over the electoral process
threatens to undermine the prospects for free, fair, transparent, and
inclusive elections next October.
Mr. Speaker, President Bolanos visited us last week and spoke of the
many tasks that remain. ID cards need to be distributed to all eligible
voters without discrimination based upon political affiliation. All
willing and qualified candidates must be allowed to contest the
elections. Perhaps most importantly, credible international observers
from the Organization of American States and other institutions must be
invited and encouraged to monitor the electoral process as soon as
possible.
Mr. Speaker, it is my hope that, through international interventions
like the resolution before us today, Aleman and Ortega will recognize
the destructive folly of their previous acts, maintain Nicaragua on the
path of economic and political liberalization, and once again permit
the Nicaraguan people to express their choice for the future in next
year's elections. I strongly urge my colleagues to support this
resolution.
Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr.
Kucinich).
(Mr. KUCINICH asked and was given permission to revise and extend his
remarks.)
Mr. KUCINICH. Mr. Speaker, H. Con. Res. 252 expresses the sense of
Congress that the Government of the United States should actively
support the aspirations of the democratic, political, and social forces
in the Republic of Nicaragua. I want to say it is possible that my good
friend, Mr. Burton, may have already achieved the results that were
intended in this resolution.
This bill was crafted to address a pact formed by Arnoldo Aleman,
former president of Nicaragua of the LCP Party, who had been sentenced
to 20 years of house arrest for looting state coffers of $100 million.
The pact was with Mr. Aleman and Daniel Ortega, former president of the
Sandinista Party.
The Aleman-Ortega Pact passed so-called constitutional reforms that
weakened the power of the Bolanos presidency. It was in this context, I
believe, that H. Con. Res. 252 was introduced.
However, I believe the context, perhaps the mere introduction of the
bill, helped to bring about a change of the context. In October, days
after Nicaragua received a threat from U.S. Deputy Secretary of State
Robert Zoellick that Nicaragua risked losing $175 million in U.S. aid
if President Bolanos were toppled, Bolanos and Ortega agreed to
postpone the constitutional reforms until the next president's term
begins in 2007.
So, again, this may be an example where the mere introduction of a
bill helped to bring about the desired change, and I think that Mr.
Burton and everybody who has been involved in the introduction of the
bill should be commended for their work.
H. Con. Res. 252, expressing the sense of Congress that the
Government of the United States should actively support the aspirations
of the democratic political and social forces in the Republic of
Nicaragua may have already achieved its aims and may not be necessary.
This bill was crafted to address a pact formed by Arnoldo Aleman,
former President of Nicaragua of the Liberal Constitutional Party, who
had been sentenced to 20 years of house arrest for looting state
coffers of $100 million, with Daniel Ortega, former President of the
Sandanista Party.
The Aleman-Ortega pact passed constitutional reforms that weakened
the power of the Bolanos Presidency. It was in this context that H.
Con. Res. 252 was introduced.
However, the context has since changed.
In October, days after Nicaragua received a threat from U.S. Deputy
Secretary of State Robert Zoellick that Nicaragua risked losing $175
million in U.S. aid if President Bolanos were toppled. Consequently,
the members of the pact agreed to postpone the constitutional reforms
until the next president's term begins in 2007.
I commend the sponsors of the legislation but would suggest that
since the resolution has achieved its ends, it should be withdrawn.
Mr. LANTOS. Mr. Speaker, I am delighted to yield 5 minutes to my good
friend and distinguished colleague, the gentleman from New York (Mr.
Serrano).
Mr. SERRANO. Mr. Speaker, I thank the gentleman for yielding me this
time.
Let me start by saying that I support, like everyone else, a free and
fair electoral process in Nicaragua in the coming year. And I support
democracy in Nicaragua, the separation of powers, the independence of
the judiciary, and other institutions.
What I am opposed to is the typical U.S. interference in Latin
America. Our foreign policy traditionally, historically, has been to
ignore Latin America, and then every once in a while to take some
action that is so out of touch with reality in Latin America, and
foolish, as this resolution is tonight.
What we are doing on the floor of the House today is a clear example
of this warped, nonexistent policy. If U.S. history in Nicaragua were
one of supporting elections without taking sides and supporting checks
and balances and independent institutions, I would feel differently
about a resolution like this. But we have little credibility in
Nicaragua today because the U.S. is perceived as having such a strong
animosity to Daniel Ortega, my brother from California just called him
a communist and I thought that had ended awhile ago, and the FSLN, that
any actions we take are viewed as biased and certainly not objective or
impartial.
While I can go through sentences in this text that I have differences
with, that is not what is driving me to speak on the House floor today.
Would we not be providing a better example to the democratic movement
in Nicaragua if we led by example and instead of voting on this
resolution today, we stayed away from anything that appeared to show
the United States taking sides and interfering yet again in Nicaragua?
Given our long and troubled history in this country, we need to be
careful not to interfere. Instead, let us support the OAS's effort and
not take positions on internal Nicaragua elections.
Let me also take a moment to comment on one line of the resolution
that states: ``Congress condemns the continued operation of the Aleman-
Ortega Pact,'' which no longer exists, ``as detrimental to democracy in
the Republic of Nicaragua, the future of democracy in Nicaragua, and
the stability of the entire region.''
Of course this is right on top of the fact that we now claim that
Venezuela is the danger to the region so they have been replaced
tonight by Nicaragua as the main danger to the region. I simply have to
take issue with the ``stability of the entire region'' comment. I think
what undermines the stability of Latin America is the total lack of
attention on an ongoing basis to the concerns of Latin America and then
kinds of efforts like this resolution that show up every so often.
If this were coming to a vote, I would vote against this because I
know what this is about. This is a little different than the Chavez-
Venezuela issue. On that one we did not like the results, and the
results are the fact that either through his coalition, through pushing
back and attempted coup, which has our fingerprints all over it,
President Chavez and his coalition have been elected and reelected
eight times. We do not like the results, so we do not like him.
Here we suspect, like the rest of Latin America, that the result may
be
[[Page H11612]]
one we do not like so we are anticipating that by suggesting that they
better get their act together, meaning let anybody win except the
opposition because that obviously would be undemocratic.
Mr. Speaker, there has to be a reason why Latin America went from
military dictatorships to so-called democracies to again electing
leftist leaders. Either something is in the water of Latin America or
people are fed up with conditions. So what do we do? Instead of saying
they are electing leftist governments and we should find out why and
support the elected leaders in their desire to bring up the poor, we
say beware Chavez, beware Bolivia, beware Peru, beware Chile, beware
everybody, and especially beware Nicaragua: we did it to you once; we
can do it to you again. If you do not elect the kind of government we
want, you are in deep trouble with us and you are not democratic. That
is not democracy.
Mr. BURTON of Indiana. Mr. Speaker, I yield 4 minutes to the
gentleman from Illinois (Mr. Weller), vice chairman of the Western
Hemisphere Subcommittee.
Mr. WELLER. Mr. Speaker, I thank the gentleman from Indiana for
bringing this resolution to the floor. I am a strong supporter of this
resolution.
Democracy in Nicaragua has been and continues to be under threat from
something known as ``the pact.'' The pact is an agreement based on
corruption and desire for power between two men: former President
Aleman and former dictator Ortega, known locally as the party
caudillos, strongmen, party bosses; and they are both corrupt.
Let us be clear: the pact today controls the Supreme Court of
Nicaragua, the pact controls the Supreme Electoral Council, the pact
controls the National Controllers Board, and the public prosecutor's
office. These two corrupt caudillos have divided up power so they
control it for themselves.
{time} 2130
The Pact is alive and well. A side agreement to weaken President
Bolanos failed largely because of civil society, but control of the
country's institutions, those I named, still continue. So democracy
continues to be threatened in Nicaragua. What is the goal of the Pact?
To manipulate the 2006 elections for their benefit, for the benefit of
former dictator Ortega and former President Aleman, to feed their
corruption. The Pact wants to stay in power, including through
controlling the supreme electoral council. Now, what type of people
make up the supreme electoral council? I would note that two out of
seven of the members have had their visas permanently revoked by the
United States. And according to a survey published September 19 of this
year by La Prensa, the leading newspaper, three-fourths, 74 percent of
Nicaraguans believe that the supreme electoral council is capable of
fraud. Evidence points to possible fraud by the supreme electoral
council in the most recent election, the 2004 municipal election. Now
the supreme court, controlled by Roberto Rivas, is extremely corrupt
and influenced by the Ortega side of the Pact. Fully three members of
the supreme court of Nicaragua have had their U.S. visas permanently
revoked. And the court recently suffered the embezzlement of over
$600,000 in confiscated narco-trafficking funds allegedly by Sandinista
officials of the court.
Democracy is indeed in danger in Nicaragua, but I am pleased to see
that efforts of civil society, groups like the Movimento de Democracia
and other groups, particularly the government of Nicaragua under
President Bolanos to create free and fair and transparent elections
continues to push for true democracy. The United States must actively
support democracy. The United States must actively support the rule of
law and human rights in Nicaragua and to work with international
organizations, especially the Organization of American States, to
ensure the conditions exist for democracy and to ensure the integrity
of the election process. I am particularly pleased that the
International Democratic Institute and the International Republican
Institute are both involved, and I hope the Organization of American
States becomes fully engaged now, sooner rather than later, in ensuring
a transparent and fair election process.
Mr. Chairman, I commend you for bringing this important resolution to
the floor before us today. Democracy has had a good start in Nicaragua.
It is under threat because of the Ortega-Aleman Pact. We must do
everything we can to support true democracy and ensure free, fair and
transparent elections, and that is why I strongly support this
resolution and urge bipartisan support.
Mr. LANTOS. Mr. Speaker I yield 1 minute to the gentleman from Ohio
(Mr. Kucinich).
Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman from
California.
I want to say that I was greatly concerned hearing the comments of my
colleague from New York who raises some valid points about the United
States' interventions in Latin America. Now, I think that, you know, on
one hand, the sponsors of the legislation have already achieved their
ends, and I just wonder if the gentleman from Indiana would yield to a
question.
Mr. BURTON of Indiana. Mr. Speaker, I will be happy to yield to my
colleague.
Mr. KUCINICH. Mr. Chairman, you have sponsored a resolution here
that, as I indicated earlier, the sponsorship moved some policy change.
In light of that, would you have any interest in withdrawing the
resolution and declaring victory?
Mr. BURTON of Indiana. I do not think so at this time. I think this
resolution sends a very strong message, and I think we need to pass it.
Mr. LANTOS. Mr. Speaker we have no additional requests for time, and
I yield back the balance of my time.
Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
Let me just end by saying, thank you to Mr. Lantos, my very good
friend, for his leadership and his hard work on this and a lot of other
legislation. Let me just say that Mr. Lantos and I were both here back
in the 1980s when the war took place in Nicaragua and El Salvador, and
we saw the horrible result of dictatorships. We saw the horrible result
of civil war, and democracy has changed that whole region down there.
And we think it is extremely important that we do everything we can to
support democratic institutions so that we do not have the bloodshed
that we saw back in the 1980s and we do not see the massive flight of
people leaving that region to get to the United States and elsewhere to
get away from those wars. So I think this resolution sends a strong
message. Once again, I thank Mr. Lantos.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Conaway). The question is on the motion
offered by the gentleman from Indiana (Mr. Burton) that the House
suspend the rules and agree to the concurrent resolution, H. Con. Res.
252, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the concurrent resolution, as
amended, was agreed to.
The title of the concurrent resolution was amended so as to read:
``Expressing the sense of Congress that the Government of the United
States should support democracy, the rule of law, and human rights in
the Republic of Nicaragua and work cooperatively with regional and
international organizations to bolster Nicaraguan efforts to establish
the requisite conditions for free, fair, transparent, and inclusive
presidential and legislative elections in 2006.''.
A motion to reconsider was laid on the table.
____________________