III 

112TH CONGRESS 

1ST SESSION S. RES. 344 

Supporting the democratic aspirations of the Nicaraguan people and calling 

attention to the deterioration of constitutional order in Nicaragua. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2011 

Mr. RUBIO (for himself and Mr. MENENDEZ) submitted the following 

resolution; which was referred to the Committee on Foreign Relations 

RESOLUTION 

Supporting the democratic aspirations of the Nicaraguan 

people and calling attention to the deterioration of constitutional order in Nicaragua. 

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; 


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•SRES 344 IS 

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 InterAmerican Democratic Charter’’; 

Whereas the Constitution of Nicaragua gives the National 

Assembly sole power to elect Supreme Court magistrates, 

Supreme Electoral Council magistrates, and other national public officials; 

Whereas in January 2010, President Ortega issued a decree 

that circumvented the National Assembly and indefinitely 

extended the terms of 25 incumbent public officials, including members of the Supreme Court and the Supreme 

Electoral Council; 

Whereas in August 2011, the Supreme Electoral Council announced that all international and national observers will 

be a part of the election and monitor the process under 

the mandate of an ‘‘accompaniment ruling’’, which included 25 articles, establishing, among other restrictions, 

who can participate, what their functions may be, the 

limits of their actions, and the process of accreditation to 

become an official observer; 


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•SRES 344 IS 

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 

1 Resolved, That the Senate— 


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•SRES 344 IS 

1 (1) supports the democratic aspirations of the 

2 people of Nicaragua; 

3 (2) deplores the interruption of constitutional 

4 order in Nicaragua that led to the fraudulent reelec5 tion of Daniel Ortega on November 6, 2011, elec6 tions; 

7 (3) condemns the acts of violence perpetrated 

8 on election day and calls upon Nicaraguan authori9 ties to fully investigate and prosecute those respon10 sible; 

11 (4) urges President Barack Obama and Sec12 retary of State Hillary Clinton to take immediate 

13 and meaningful measures to encourage the restora14 tion of constitutional rule in Nicaragua, including 

15 opposing loans by international financial institutions 

16 to the Nicaraguan Government; 

17 (5) urges the immediate issuance of a final re18 port on the Mission of Electoral Accompaniment of 

19 the Organization of American States, including a de20 tailed report on constitutional irregularities impact21 ing the preelectoral phase in Nicaragua; and 

22 (6) urges the United States Ambassador to the 

23 Organization of American States to lead an effort to 

24 use the full power of the organization in support of 

25 meaningful steps to restore democracy and the rule 


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•SRES 344 IS 

1 of law in Nicaragua in accordance to the Inter2 American Democratic Charter, including formally 

3 suspending the Nicaraguan Government under Arti4 cles 20 and 21 of the Inter-American Democratic 

5 Charter. 

Æ 


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