III 

Calendar No. 346 

112TH CONGRESS 

2D 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, Mr. MENENDEZ, and Mr. COONS) submitted the following resolution; which was referred to the Committee on Foreign Relations 

MARCH 28, 2012 

Reported by Mr. KERRY, with an amendment and an amendment to the 

preamble 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

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 


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•SRES 344 RS 

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 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 


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•SRES 344 RS 

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 reVerDate Mar 15 2010 03:15 Mar 29, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR344.RS SR344

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•SRES 344 RS 

sponsibility 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 

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, SuVerDate Mar 15 2010 03:15 Mar 29, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR344.RS SR344

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•SRES 344 RS 

preme 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; 

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’’, 


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•SRES 344 RS 

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; 

Whereas on January 25, 2012, Secretary of State Hillary 

Clinton stated that ‘‘the elections marked a setback to democracy in Nicaragua and undermined the ability of 

Nicaraguans to hold their government accountable’’; and 

Whereas as a member of the Organization of American States 

and signatory to the Inter-American Democratic Charter, 

the Government of Nicaragua 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— 

2 (1) supports the democratic aspirations of the 

3 people of Nicaragua; 

4 (2) deplores the interruption of constitutional 

5 order in Nicaragua that led to the fraudulent reelec6 tion of Daniel Ortega on November 6, 2011, elec7 tions; 

8 (3) condemns the acts of violence perpetrated 

9 on election day and calls upon Nicaraguan authori10 ties to fully investigate and prosecute those respon11 sible; 


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•SRES 344 RS 

1 (4) urges President Barack Obama and Sec2 retary of State Hillary Clinton to take immediate 

3 and meaningful measures to encourage the restora4 tion of constitutional rule in Nicaragua, including 

5 opposing loans by international financial institutions 

6 to the Nicaraguan Government; 

7 (5) urges the immediate issuance of a final re8 port on the Mission of Electoral Accompaniment of 

9 the Organization of American States, including a de10 tailed report on constitutional irregularities impact11 ing the preelectoral phase in Nicaragua; and 

12 (6) urges the United States Ambassador to the 

13 Organization of American States to lead an effort to 

14 use the full power of the organization in support of 

15 meaningful steps to restore democracy and the rule 

16 of law in Nicaragua in accordance to the Inter17 American Democratic Charter, including formally 

18 suspending the Nicaraguan Government under Arti19 cles 20 and 21 of the Inter-American Democratic 

20 Charter. 

21 That the Senate— 

22 (1) supports the democratic aspirations of the 

23 people of Nicaragua; 


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•SRES 344 RS 

1 (2) deplores the interruption of constitutional 

2 order in Nicaragua that led to the fraudulent reelec3 tion of Daniel Ortega on November 6, 2011, elections; 

4 (3) mourns the victims of act of violence per5 petrated on election day and calls upon Nicaraguan 

6 authorities to fully investigate and prosecute those re7 sponsible; 

8 (4) urges President Barack Obama, Secretary of 

9 State Hillary Clinton, and Secretary of the Treasury 

10 Timothy Geithner to take immediate and meaningful 

11 measures to encourage the restoration of constitu12 tional rule in Nicaragua, including withholding 

13 waivers under section 7031(b) of the Consolidated Ap14 propriations Act, 2012 (Public Law 112–74; 125 

15 Stat. 786); 

16 (5) notes the rapid issuance of a final report by 

17 the Mission of Electoral Accompaniment of the Orga18 nization of American States; 

19 (6) welcomes the January 25, 2012, statement on 

20 the democratic conditions in Nicaragua by Secretary 

21 of State Clinton; 

22 (7) urges the Organization of American States to 

23 issue a detailed report on constitutional irregularities 

24 impacting the preelectoral phase in Nicaragua; 


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•SRES 344 RS 

1 (8) urges the United States Ambassador to the 

2 Organization of American States to work in concert 

3 with other member States to use the full power of the 

4 organization in support of meaningful steps to restore 

5 democracy and the rule of law in Nicaragua in ac6 cordance with the Inter-American Democratic Char7 ter, including invoking articles related to unconstitu8 tional interruptions of the democratic order in a 

9 member State; and 

10 (9) urges the United States Ambassador to the 

11 Organization of American States to work in concert 

12 with other member States to strengthen the ability of 

13 the Organization to protect democratic institutions 

14 and to respond to the erosion of democracy in member 

15 States. 


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Calendar No. 346 

112TH CONGRESS 

2D SESSION S. RES. 344 

RESOLUTION 

Supporting the democratic aspirations of the Nicarioration of constitutional order in Nicaragua. raguan people and calling attention to the deteMARCH 28, 2012 

Reported with an amendment and an amendment to the 

preamble 


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