[Congressional Record Volume 157, Number 186 (Tuesday, December 6, 2011)]
[Senate]
[Pages S8377-S8378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 344--SUPPORTING THE DEMOCRATIC ASPIRATIONS OF THE 
    NICARAGUAN PEOPLE AND CALLING ATTENTION TO THE DETERIORATION OF 
                   CONSTITUTIONAL ORDER IN NICARAGUA

  Mr. RUBIO (for himself and Mr. Menendez) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                               S.Res. 344

       Whereas in January 2007, President Daniel Ortega was 
     inaugurated to a second 5-year presidential term, having 
     served as President from 1985 to 1990;
       Whereas as a result of widespread electoral fraud during 
     the November 2008 municipal elections, Nicaragua lost more 
     than $100,000,000 in international assistance and a 
     $175,000,000 Millennium Challenge Compact was suspended;
       Whereas Article 147 of the Constitution of Nicaragua states 
     that a candidate cannot serve consecutively as President and 
     that a President cannot serve more than 2 terms;
       Whereas on October 19, 2009, the Sandinista-controlled 
     Constitutional Chamber of the Supreme Court of Nicaragua 
     issued a controversial ruling that partially annulled Article 
     147 of the Constitution of Nicaragua and allowed Daniel 
     Ortega to run for a third presidential term;
       Whereas the Department of State called the October 2009 
     Supreme Court ruling ``. . . part of a larger pattern of 
     questionable and irregular governmental actions, beginning 
     before the flawed municipal elections of November 2008, that 
     threatens to undermine the foundations of Nicaraguan 
     democracy and calls into question the Nicaraguan government's 
     commitment to uphold the Inter-American Democratic Charter'';
       Whereas the Constitution of Nicaragua gives the National 
     Assembly sole power to elect Supreme Court magistrates, 
     Supreme Electoral Council magistrates, and other national 
     public officials;
       Whereas in January 2010, President Ortega issued a decree 
     that circumvented the National Assembly and indefinitely 
     extended

[[Page S8378]]

     the terms of 25 incumbent public officials, including members 
     of the Supreme Court and the Supreme Electoral Council;
       Whereas in August 2011, the Supreme Electoral Council 
     announced that all international and national observers will 
     be a part of the election and monitor the process under the 
     mandate of an ``accompaniment ruling'', which included 25 
     articles, establishing, among other restrictions, who can 
     participate, what their functions may be, the limits of their 
     actions, and the process of accreditation to become an 
     official observer;
       Whereas on November 10, 2011, the Department of State noted 
     ``. . . the Nicaraguan Government's failure to accredit 
     certain credible domestic organizations as observers, 
     difficulties voters faced in obtaining proper identification 
     and pronouncements by Nicaraguan authorities that electoral 
     candidates might be disqualified after the elections'' and 
     agreed that ``the Supreme Electoral Council did not operate 
     in a transparent and impartial manner'';
       Whereas the European Union Election Observing Mission to 
     Nicaragua noted that elections had been supervised by 
     ``electoral authorities with very little independence and 
     equanimity'' and it further deemed a ``grave reversal to the 
     democratic quality of Nicaraguan elections'';
       Whereas during the 2011 general elections in Nicaragua, the 
     Mission of Electoral Accompaniment of the Organization of 
     American States noted several ``situations of concern'', 
     including problems providing identification cards to voters, 
     the accreditation of observers, and imbalances in the 
     political parties present at polling stations;
       Whereas the Organization of American States called upon 
     Nicaraguan authorities to investigate acts of violence 
     perpetrated on election day; and
       Whereas as a member of the Organization of American States 
     and signatory to the Inter-American Democratic Charter, the 
     Nicaraguan Government has the legal responsibility to abide 
     by the principles of constitutional, representative 
     democracy, which includes free and fair elections and 
     adherence to their own constitution: Now, therefore, be it
       Resolved, That the Senate--
       (1) supports the democratic aspirations of the people of 
     Nicaragua;
       (2) deplores the interruption of constitutional order in 
     Nicaragua that led to the fraudulent reelection of Daniel 
     Ortega on November 6, 2011, elections;
       (3) condemns the acts of violence perpetrated on election 
     day and calls upon Nicaraguan authorities to fully 
     investigate and prosecute those responsible;
       (4) urges President Barack Obama and Secretary of State 
     Hillary Clinton to take immediate and meaningful measures to 
     encourage the restoration of constitutional rule in 
     Nicaragua, including opposing loans by international 
     financial institutions to the Nicaraguan Government;
       (5) urges the immediate issuance of a final report on the 
     Mission of Electoral Accompaniment of the Organization of 
     American States, including a detailed report on 
     constitutional irregularities impacting the preelectoral 
     phase in Nicaragua; and
       (6) urges the United States Ambassador to the Organization 
     of American States to lead an effort to use the full power of 
     the organization in support of meaningful steps to restore 
     democracy and the rule of law in Nicaragua in accordance to 
     the Inter-American Democratic Charter, including formally 
     suspending the Nicaraguan Government under Articles 20 and 21 
     of the Inter-American Democratic Charter.

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