[House Hearing, 116 Congress]
[From the U.S. Government Publishing Office]
CRUSHING DISSENT: THE ONGOING
CRISIS IN NICARAGUA
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HEARING
BEFORE THE
SUBCOMMITTEE ON
THE WESTERN HEMISPHERE, CIVILIAN SECURITY, AND TRADE
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
June 11, 2019
__________
Serial No. 116-45
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Printed for the use of the Committee on Foreign Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov,
or www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
36-567PDF WASHINGTON : 2019
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COMMITTEE ON FOREIGN AFFAIRS
ELIOT L. ENGEL, New York, Chairman
BRAD SHERMAN, California MICHAEL T. McCAUL, Texas, Ranking
GREGORY W. MEEKS, New York Member
ALBIO SIRES, New Jersey CHRISTOPHER H. SMITH, New Jersey
GERALD E. CONNOLLY, Virginia STEVE CHABOT, Ohio
THEODORE E. DEUTCH, Florida JOE WILSON, South Carolina
KAREN BASS, California SCOTT PERRY, Pennsylvania
WILLIAM KEATING, Massachusetts TED S. YOHO, Florida
DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois
AMI BERA, California LEE ZELDIN, New York
JOAQUIN CASTRO, Texas JIM SENSENBRENNER, Wisconsin
DINA TITUS, Nevada ANN WAGNER, Missouri
ADRIANO ESPAILLAT, New York BRIAN MAST, Florida
TED LIEU, California FRANCIS ROONEY, Florida
SUSAN WILD, Pennsylvania BRIAN FITZPATRICK, Pennsylvania
DEAN PHILLPS, Minnesota JOHN CURTIS, Utah
ILHAN OMAR, Minnesota KEN BUCK, Colorado
COLIN ALLRED, Texas RON WRIGHT, Texas
ANDY LEVIN, Michigan GUY RESCHENTHALER, Pennsylvania
ABIGAIL SPANBERGER, Virginia TIM BURCHETT, Tennessee
CHRISSY HOULAHAN, Pennsylvania GREG PENCE, Indiana
TOM MALINOWSKI, New Jersey STEVE WATKINS, Kansas
DAVID TRONE, Maryland MIKE GUEST, Mississippi
JIM COSTA, California
JUAN VARGAS, California
VICENTE GONZALEZ, Texas
Jason Steinbaum, Staff Director
Brendan Shields, Republican Staff Director
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Subcommittee on the Western Hemisphere, Civilian Security, and Trade
ALBIO SIRES, New Jersey, Chairman
GREGORY W. MEEKS, New York FRANCIS ROONEY, Florida,
JOAQUIN CASTRO, Texas Ranking Member
ADRIANO ESPAILLAT, New York CHRISTOPHER H. SMITH, New Jersey
DEAN PHILLIPS, Minnesota TED S. YOHO, Florida
ANDY LEVIN, Michigan JOHN CURTIS, Utah
VICENTE GONZALEZ, Texas KEN BUCK, Colorado
JUAN VARGAS, California MIKE GUEST, Mississippi
Sadaf Khan, Staff Director
C O N T E N T S
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Page
OPENING STATEMENT FROM CHAIRMAN SIRES
Hon. Albio Sires, Chairman of the subcommittee................... 3
WITNESSES
Vivanco, Jose Miguel, Executive Director, Americas Division,
Human Rights Watch............................................. 9
Maradiaga, Felix, Executive Director, Institute for Strategic
Studies and Public Policies.................................... 16
Ponce, Carlos, Director, Latin American Programs, Victims of
Communism Memorial Foundation.................................. 22
APPENDIX
Hearing Notice................................................... 42
Hearing Minutes.................................................. 43
Hearing Attendance............................................... 44
INFORMATION SUBMITTED FOR THE RECORD
Amnesty International letter submitted for the record from
Representative Rooney.......................................... 45
RESPONSES TO QUESTIONS SUBMITTED FOR THE RECORD
Responses to questions submitted for the record from
Representative Espaillat....................................... 49
CRUSHING DISSENT: THE ONGOING.
CRISIS IN NICARAGUA
Tuesday, June 11, 2019
House of Representatives
Subcommittee on Western Hemisphere,
Civilian Security and Trade
Committee on Foreign Affairs
Washington, DC
The committee met, pursuant to notice, at 10:04 a.m., in
room 2172 Rayburn House Office Building, Hon. Albio Sires
(chairman of the subcommittee) presiding.
Mr. Sires. This hearing will come to order. This hearing,
titled, ``Crushing Dissent: The Ongoing Crisis in Nicaragua,''
will highlight the human rights situation in Nicaragua and the
United States policy options to address the ongoing political
crisis there.
Without objection, all members may have 5 days to submit
statements, questions, extraneous materials for the record,
subject to the length limitation in the rules. I will now make
an opening statement and then turn it over to the ranking
member for his opening statement.
Good morning, everyone. Thank you to our witnesses for
being here today to discuss the deeply concerning crisis in
Nicaragua.
Since April 2018, protests against the government of
President Daniel Ortega have been met with brutal oppression.
While the protests began in response to a proposed social
security reform, they came to represent much broader discontent
with Ortega's authoritarian leadership. Security officials and
armed thugs under the command of Ortega responded by shooting
at unarmed protesters, leaving more than 320 people dead with
2,000 injured and hundreds arbitrarily detained.
Civil society groups estimated there were over 700
political prisoners earlier this year. I understand that this
morning, more than 50 political prisoners were released and as
many as 520 have been freed in recent months. However, we must
remember that these individuals should never have been jailed
in the first place. Moreover, many remain under house arrest
and are being denied the right to participate in politics and
continue speaking out against this repressive regime.
An independent panel of experts appointed by the Inter-
American Commission on Human Rights conducted a field visit
following the protests last year. These experts concluded that
Ortega's government intentionally used lethal weapons against
protesters in what amounted to crimes against humanity. I have
heard firsthand from Nicaraguan activists including some
Nicaraguan Americans who told me they were tortured while in
government custody. Some say they were tortured by Cuban
officials working in coordination with the Ortega regime.
On May 16th, an American citizen, Eddy Montes, was shot and
killed in a prison near Managua. We should demand
accountability for the killing of Mr. Montes and for all those
Nicaraguans who have been victims of human rights violation.
Unfortunately, the blanket amnesty bill passed by Nicaragua's
Congress over the weekend represents a huge step in the wrong
direction as it would formally absolve the worst human rights
violators of their crimes.
While the last year has seen an increase in State violence,
it is important to highlight that the situation in Nicaragua
has been deteriorating for many years. I have been working with
colleagues here to sound the alarm about the authoritarian
slide taking place under Ortega and increase awareness about
what is happening in Nicaragua.
Last Congress, I co-sponsored a bill with my good friend
from Florida, Chairman Emeritus of the Foreign Affairs
Committee, Ileana Ros-Lehtinen, to pass the Nicaragua Human
Rights and Anticorruption Act of 2018. The NICA Act requires
the United States to vote against loans from international
financial institutions to Nicaragua. It also authorizes the
President to impose visa restrictions and block the foreign
assets of individuals responsible for human rights violations
or acts of corruption.
We must send a clear message that we stand shoulder to
shoulder with the people of Nicaragua. Nicaragua is the second
poorest country in the Western Hemisphere and the political
crisis has only worsened the suffering of many Nicaraguans. The
people of Nicaragua deserve far better than this. I hope that
today we can explore ways for the U.S. Congress to do more to
support the Nicaraguan people in their quest for dignity,
economic opportunity, and fundamental human rights.
Thank you, and I now turn to the ranking member for his
opening statement.
[The prepared statement of Mr. Sires follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Rooney. Well, thank you, Mr. Chairman. And I would like
to thank Chairman Sires for calling this very important hearing
and to bring attention to what is going on in Nicaragua. I know
much attention has been focused on Venezuela, but we need to
let people know that a similarly destructive climate exists in
Nicaragua.
Last year, public anger over President Daniel Ortega's rule
led to widespread protests that left over 300 civilians dead.
Recent attempts by local groups like the Alianza, the United
States, the OAS, and the broader international community to
mediate a transition to democracy are struggling to yield
results. I am concerned that the recent discussions to release
political prisoners are delay and distracting moves, and the
releases of today prove that because these people are not free,
they are released to house arrest as the chairman mentioned.
After being elected in 2006, Ortega used his corruption and
intimidation to consolidate power for himself and the
Sandinistas. He has eliminated Presidential term limits,
removed the 35 percent vote threshold required to win the
presidency, and has made it illegal for lawmakers to vote
against their own party, thus paving the way to a complete and
indefinite control over the Sandinista Party.
Obliterating democratic norms, Ortega has made moves to
shore up his own support among the public. Over time, he has
implemented social welfare programs to benefit the country's
poor, ostensibly, policies he claims are reducing poverty and
raising incomes by providing government subsidies and services
to the Nicaraguan public--sure sounds like Venezuela to me--
nonetheless, Nicaragua remains the second poorest country in
the hemisphere.
While at one point, Ortega recognized the importance of
accommodating the business sector and nurturing the economy in
Nicaragua, he has backtracked on this now and many, many jobs
have been taken away and unemployment is rising. Ortega's
antidemocratic rule has created a crisis plaguing Nicaragua.
Until a few years ago, he was content, like I said, to let
business operate, but once he moved to insulate his rule and
bring his wife, Rosario Murillo, his vice president, into the
2016 election process, he reversed course.
In 2018, public discontent came to a head after Ortega
planned to reduce social welfare benefits. Additional social
reforms sparked protests throughout Nicaragua and have led to
complaints of government mismanagement and corruption. Ortega
responded with violence and intimidation, leaving over 300 dead
and hundreds of peaceful protesters in prison. In August 2018,
the annual United Nations High Commissioner for Human Rights
Report outlined widespread human rights abuses by the
Nicaraguan Government. Those include extrajudicial killings,
forced disappearances, torture, and the suppression of the
rights of peaceful assembly and free expression. The OAS
further reported in December 2018 that these violations by
government forces constituted crimes against humanity.
Despite coordinated efforts by the United States and a host
of regional and international bodies to mediate the conflict,
the Ortega regime has been able to maintain its control over
Nicaragua. Talks between the government and the opposition have
yet to bring any progress. The Trump administration and
Congress have both responded strongly to the crisis with the
implementation of personal sanctions and visa restrictions
against Ortega, his family, and various Nicaraguan officials
responsible for the violations of human rights. These are
important maneuvers, and my understanding is they have had some
significant, positive results.
We need to do more. Moving forward, we must present a clear
strategy in coordination with our partners and allies to exert
maximum pressure on the Ortega regime, while also trying to
alleviate the suffering of the Nicaraguan people. The United
States must continue to show leadership within the OAS, and the
OAS has passed resolutions condemning the government's use of
violence and reaffirming the Hemisphere's collective concern
over the deterioration of democratic institutions and human
rights in Nicaragua.
We must do more to pressure the Ortega regime to adopt
electoral and judicial reforms and to bring about free and fair
elections. The United States must maintain support for
democratic actors in Nicaragua and encourage them to somehow or
another become more effective than they may have been recently.
We face unprecedented challenges in the Western Hemisphere.
Among the most critical is the ongoing crisis in Nicaragua.
These challenges, including the crisis in Venezuela, show
corrupt leaders like Daniel Ortega that the United States will
not stand by while legitimate regimes crush democracy and
enrich themselves at the expense of their own people. We need
to expand and strengthen the personal sanctions, limit Ortega's
ability to exert influence in the rest of Central America and
support opposition groups and try to help them become more
effective in countering the Ortega regime within the country.
Once again, I want to thank Chairman Sires for holding this
important hearing and look forward to hearing from these
important witnesses today.
Mr. Sires. Thank you very much, Ranking Member Rooney.
Let me introduce, first, Mr. Jose Miguel Vivanco, director
of Human Rights Watch Americas Division and an expert on Latin
America. He previously worked as an attorney for the Inter-
American Commission on Human Rights. In 1990, he founded the
Center for Justice and International Law.
We will then hear from Mr. Felix Maradiaga, executive
director at the Institute for Strategic Studies and Public
Policy. In 2007, he founded the Civil Society Leadership
Institute which trains leaders in Central America on
nonviolence and civic engagement. In 2018, he was accused,
without evidence, by the Nicaraguan government of financing
terrorism under a new law that has been used repeatedly by
Ortega's government to silence activists and dissidents.
Finally, we will hear from Dr. Carlos Ponce, director of
Latin American programs at the Victims of Communism Memorial
Foundation. Dr. Ponce has 28 years of experience in the field
of governance, rule of law, civil society and development,
advocacy for human rights, and democracy empowerment in Latin
America. Most recently, he was regional director of Latin
America and the Caribbean at the Freedom House.
Thank you all for being here. I ask the witnesses to please
limit your testimony to 5 minutes. Without objection, your
prepared written statements will be made a part of the record.
Thank you so much for being here today.
And, Mr. Vivanco, I will turn to you for your testimony.
STATEMENT OF JOSE MIGUEL VIVANCO, EXECUTIVE DIRECTOR, AMERICAS
DIVISION, HUMAN RIGHTS WATCH
Mr. Vivanco. Thank you very much, Mr. Chairman. Thank you,
Ranking Member Rooney and members of this committee for
inviting me, the subcommittee for inviting me to testify on
Nicaragua's human rights record.
In April 2018, massive antigovernment protests broke out
across Nicaragua. Police, in coordination with armed, pro-
government groups brutally repressed protesters. In the context
of demonstrations, more than 300 people were killed and more
than 2,000 were seriously injured. Many of the people detained
during the crackdown were subject to serious abuses that in
some cases amounted to torture, including electric shocks,
severe beatings, nail removal, asphyxiation, and rape.
Authorities' abuses of protester remain unpunished.
Moreover, President Ortega promoted top officials who bear
responsibility for the abuses. The government has also
threatened, harassed, expelled, jailed those who expose its
abuses including independent journalists, human rights
defenders, international monitors, and NGO's. Several of the
human rights defenders and journalists targeted during the
crackdown have been longstanding critics of Ortega and have
already been victims of harassment before the protest started.
Since the beginning of the protest, Nicaragua's police and
armed pro-government groups have operated jointly to detain
hundreds of demonstrators. Armed pro-government groups have
also abducted many people, at times holding them in secret
detention facilities. On March 20, 2019, the Nicaraguan
Government agreed to release all people detained in the context
of the protests by June 18 and to drop the charges against them
in an effort to persuade international community, and
particularly the U.S. Government, to lift sanctions against
them.
Human rights defenders and other critics of the government
have increasingly become the targets of death threats,
harassment, judicial persecution, and even expulsion from the
country. Between November 29 and December 13, 2018, Nicaragua's
Congress has stripped nine non-governmental organizations of
their legal registration, effectively forcing them to shut
down. Congressman Filiberto Rodriguez of the ruling party
introduced the motions of stripping them of registration at the
request of Interior Ministry.
On the night of December 13, the national police raided
five of these organizations, confiscating many documents and
computers. The NGO shutdowns were followed by criminal charges
against prominent human rights defenders and the expulsion of
Inter-American Human Rights Commission and previously the
representatives of the High Commissioner for Human Rights.
Since April 18 of last year, police and armed pro-government
groups have harassed, intimidated, assaulted, and detained
journalists.
Two foreign journalists reporting on the crackdown were
deported in August and October of last year. The government has
shut down critical news channels. Since April 2018, 56
Nicaraguan journalists have gone into exile. According to
United Nations High Commissioner for Refugees, more than 60,000
Nicaraguans have fled the country since the protest began in
April 2018, with the majority, 55,000 of them, seeking refuge
in Costa Rica.
We support the application of the Global Magnitsky Act in
July 2018 and December 2018, when the U.S. Treasury Department
imposed sanctions on five Nicaraguans implicated in human
rights abuses and corruption, including national police
commissioner Francisco Diaz and also Vice President Rosario
Murillo. The Nicaraguan Human Rights and Anticorruption Act,
NICA Act, passed on December 20th of 2018, expanded on the
Global Magnitsky Act to allow the U.S. Government to take
additional action against egregious human rights abuses taking
place in Nicaragua. We urge Congress to consider its immediate
implementation against human rights abusers in Nicaragua who
have yet to be held accountable and look forward to working
with you on these efforts.
My last remarks are going to be related to the amnesty
legislation, amnesty law that was passed this week in
Nicaragua. On June 8, the Nicaragua National Assembly passed a
broad amnesty law for crimes committed in the context of
antigovernment protest. The recent release of over 150 people
who were arrested during the protest shows that the law is not
necessary to release the political prisoners who are still
behind bars. On the contrary, the law could be used to benefit
officers responsible for abuses.
The law indicates that crimes, ``regulated in international
treaties, ratified by Nicaragua,'' will be excluded by the
amnesties. Yet, given lack of judicial independence in
Nicaragua, there is a serious risk that the law will be used to
consolidate impunity that officers responsible for serious
abuses in the country have enjoyed today.
According to the Office of the U.N. High Commissioner for
Human Rights, the available information indicates that only one
member of the armed pro-government groups, only one member of
those kinds of groups has been convicted for crimes documented
by the High Commissioner Human Rights Office of United Nations,
and not a single police officer is being investigated for these
atrocities. Not a single police officer of the Nicaraguan
police has been investigated, prosecuted, or charged for
atrocities committed in violation of human rights last year and
the current year.
The law provides, finally, that people who engage in new
crimes will have their amnesty revoked. Given the government's
record of prosecuting critics, there is a risk that this
provision will be misused to persecute former political
prisoners who continue to criticize the government, the
dictatorship of Ortega, after they are released.
Thank you very much, Mr. Chairman.
[The prepared statement of Mr. Vivanco follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Sires. Thank you.
Mr. Maradiaga, you are now recognized for testimony.
STATEMENT OF FELIX MARADIAGA, EXECUTIVE DIRECTOR, INSTITUTE FOR
STRATEGIC STUDIES AND PUBLIC POLICIES
Mr. Maradiaga. Good morning, Mr. Chairman and members of
this subcommittee, it is an honor to be here today. Chairman
Sires, thank you for paying a special attention to the very
serious situation in Nicaragua.
Since his return to power in 2006, Daniel Ortega has taken
over Nicaragua's institutions to remain in power, causing
widespread corruption, human rights abuses, and a collapsing
economy. Ortega and his inner circle constitute the clear and
present danger not only to the people of Nicaragua, but also to
the entire hemisphere. In the face of this, Nicaraguans have
joined together to restore liberty, justice, and democracy.
In April 2018, Nicaraguans from all walks of life joined
pro-democracy protest demanding respect for human rights, the
resignation of Ortega, and early, free, and internationally
monitored elections. The response was a brutal government
crackdown on protesters that caused the death of over 300
civilians. Talks between the regime and the opposition have
repeatedly failed.
In May of this year, negotiations were suspended as a
result of the assassination of political prisoner Eddy Montes,
a U.S. Navy veteran with dual citizenship who was retired in
Nicaragua. His killing inside the notorious La Modelo prison
outraged Nicaraguans because he was shot by prison guards with
an AK-47 while unarmed.
Ortega has violated preliminary agreements. Instead, his
regime continues to perpetrate human rights violations
including extrajudicial killings, torture, sexual abuse of
prisoners, arbitrary detention, and other crimes against
humanity. These violations make it increasingly difficult for
the opposition to resume negotiations. The regime continues to
persecute citizens who actively participated in the protests,
causing an unprecedented exodus of refugees not seen since the
Nicaraguan civil war of the 1980's.
Over 100,000 people have fled the country since the
conflict began. The vast majority remains in Costa Rica under
dire conditions. Although the response of the Government of
Costa Rica has been admirable, the international community has
ignored that there is a humanitarian crisis of Nicaraguan
refugees in Costa Rica. We have also seen an increase of
Nicaraguans escaping from political persecution and seeking
asylum in the United States. Their need for asylum is
legitimate and they will face certain death or incarceration if
they return.
At least 2,000 people have been imprisoned for
participating in anti-Sandinista protest, and while most of
them have been released on house arrest due to national and
international pressure, many remain in arbitrary detention. The
regime continues to use human beings as bargaining chips. An
additional 200 activists, myself included, have arrest warrants
under bogus charges.
Ortega controls the national police who report directly to
him and his wife. In the case of the military, once Ortega rose
to power, he sent generals that were considered professional
into early retirement and promoted those that were loyal to
him.
Despite immense personal risks, the people of Nicaragua
continue to struggle for democratic change. All forms of
peaceful protest have been prohibited. Sandinista paramilitary
constantly intimidate members of the opposition, all major
cities are militarized, Nicaragua is now a police State. We,
the Nicaraguan people, are fighting for our freedom. We are not
asking the international community to solve our problems, but
since our struggle is nonviolent, we need robust, international
support in the form of targeted sanctions against human rights
violators.
We also need the swift implementation of the Nicaragua
Human Rights and Anticorruption Act, the NICA Act. Without such
support, Nicaragua is doomed to become another Venezuela.
Effective international pressure requires coordinated action by
key allies in the Western Hemisphere. It is unacceptable that
some member States of the Organization of American States are
supporting the tyranny of Ortega. The application of the Inter-
American Democratic Charter is imperative to achieve democracy
in Nicaragua.
Ortega is a relic of the cold war and just like the
Communist Party of Cuba and Nicolas Maduro in Venezuela, he
embodies a legacy of oppression against dignity. The Nicaraguan
people are ready for a new path. Last year, over 40
organizations from civil society and diverse political
movements agreed on a common manifesto of national unity. This
pro-democracy movement is ready to build a new Nicaragua. Your
democratic solidarity will be instrumental in helping us
achieve the freedom Nicaraguans deserve.
Thank you.
[The prepared statement of Mr. Maradiaga follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Sires. Thank you.
Dr. Ponce, you are now recognized.
STATEMENT OF CARLOS PONCE, DIRECTOR, LATIN AMERICAN PROGRAMS,
VICTIMS OF COMMUNISM MEMORIAL FOUNDATION
Mr. Ponce. Thanks, Mr. Chairman Sires and Ranking Member
Rooney and other members. Thanks for keeping an eye on
Nicaragua. Nicaragua is also on the map. It is not only about
Venezuela, it is also Nicaragua, and the solution needs to set
Nicaragua, Cuba, and Venezuela free. The massive popular
uprising with youth/peasant/autoconvocados claiming democracy
in Nicaragua last year was not a random political situation.
The crisis has been in the making for decades. Daniel Ortega's
failed Sandinista revolution, corruption, and economic disaster
from 1971 to 1990, along with the negotiation of the
international community that forced the autocrat to organize
the first democratic election in 1990. That was the first time
in 58 years that Nicaragua had a democratic elected government.
Finally, Daniel Ortega was defeated after 11 years in power at
that time.
But Daniel Ortega continued his obsession with power. He
was the candidate at the election in 1990, 1996, 2001, and he
received only 30 percent of the votes in each one of those
elections. But he became a major force behind an obstruction
for the democratic government to rule the country. The
corruption also from some of the governments that rule
Nicaragua, particularly Aleman, drove Daniel Ortega into power
again. The division of the principal political party allowed
Daniel Ortega to win in 2006 only with 38 percent of the vote.
Then the pact became in force between Aleman and Daniel Ortega
allowing Daniel Ortega to control all the institutions, and to
control the parliament. Only with 30 percent of the vote,
Daniel Ortega controlled the parliament, controlled the
judiciary, and became the force of change in Nicaragua. He
controlled all the institutions and he began a process to re-
elect himself. After numerous pressures against the regime, it
agreed to have some negotiation for changing electoral rules in
2016, but he never fulfilled that commitment.
So Daniel Ortega continued with his obsession with power.
He has been ruling Nicaragua for 24 years and he has been in
the opposition and ruling the country directly for four
decades. After 30 years of in power, Daniel Ortega, dismantled
the institutions, some groups began to organize themselves.
Daniel Ortega's obsession with power led him to take control of
some of the land to promote the inter-oceanic Canal. That
forced the campesinos movement to begin a movement against
Daniel Ortega, a revolt that became popular among Nicaraguans,
and Daniel Ortega simply crushed the movement at that time.
But the youth begins to feel there was no alternative for
Nicaragua, and last year, after a major environmental crisis
with the Parque el Indio and then with Daniel Ortega's effort
to dismantle the social security, increasing social security
tax and reducing benefits, Daniel Ortega created a major
crisis. That crisis forced the youth movement to go to the
streets and begin a massive demonstration and Daniel Ortega
just crushed the demonstrations and began to kill students,
youth, campesinos, and demonstrators using his militias and the
police directly engaged in violence in the rest of the country.
By that time, Ortega felt that he needed to negotiate and
he called for a negotiation with the youth and the campesinos
and he failed in his word for change in the situation in the
country. Daniel Ortega has been manipulating the country and
offering negotiations for many years. None of the opportunities
in which Daniel Ortega offered negotiation has been working.
Now Daniel Ortega is seeing 2021 as an opportunity. But if we
allow Daniel Ortega to manipulate a negotiation and run again,
Daniel Ortega will win the next election in 2021.
Daniel Ortega has been supported by the business chamber
(COSEP) and by the members of the private sector, so they need
to get on board for a change, a real change in Nicaragua. We
need to increase the pressure against the regime in Nicaragua.
Even though the U.S. administration has been imposing sanctions
against some of the members of regime, the family of Daniel
Ortega, it has been only eight sanctions in all this time. And
the NICA Act is not being implemented, waiting for some
negotiation with Daniel Ortega.
Unless we increase the pressure against Daniel Ortega's
inner circle and his family, unless we begin to put pressure in
the police and the military to increase the sanctions against
them to motivate them to be a force of change, unless we create
a major commitment from the rest of the country and the region
to also impose sanctions against the regime, and also monitor
the situation with the Organization of American States to
prevent a bad negotiation with the regime, they are not going
to bring an electoral change.
But an electoral change is not going to bring a change into
the country because the country will not change unless Ortega
is taken out of power. And for an open, free, and democratic
election, Ortega cannot be a candidate and cannot be in place
when that election happen. We need to implement the NICA Act. I
believe that Congress has an opportunity right now to force a
change in Nicaragua with more sanctions and put in pressure for
the regime to open the doors, not for a house arrest. It is
time for Nicaragua to be free. Thank you.
[The prepared statement of Mr. Ponce follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Sires. Thank you, Dr. Ponce.
Now we will go to questions. You know, I was one of the
sponsors, with Ileana Ros-Lehtinen, of the NICA Act, and
obviously this effort was to reduce Ortega's access to foreign
finance and impose sanctions on Nicaraguan officials
responsible for human rights violation.
I guess, Dr. Ponce, you do not believe that the NICA Act
has been effective or--I wonder, what do you think, Dr. Ponce?
Mr. Ponce. Yes. I believe that the NICA Act is effective,
but we need to implement the NICA Act in full, not only eight
sanctions. I believe we need to increment the pressure against
the regime. We need to bring, also, members of the police into
our sanction process. We need to include members of the
military and some of the members of the business sector that
have been collaborating with the Ortega regime.
My view is that the Ortega regime has been using the
negotiation to stop the sanction, trying to negotiate,
liberating some--well, house arrest of some prisoners, and
leaving the situation. Remember that Daniel Ortega has a close
relationship also with Venezuela. Venezuela gave Daniel Ortega
five billion dollars with Albanisa and other charities, so it
is a country with all this problem involved.
Mr. Sires. Mr. Vivanco?
Mr. Vivanco. Mr. Chairman, the regime in Nicaragua is, I
think, is fair to characterize, today, the government as a
dictatorship and it is run by Mr. Ortega and his wife, the vice
president. Based on the record of Ortega, it seems to me that
Nicaragua is run today by a politician who is essentially a
transactional one, somebody who might change his record based
on the pressure exercised on him and his government, locally as
well as by international community.
I do believe that the Global Magnitsky law is a fantastic
instrument to exercise pressure, not only on Nicaragua but a
global level. And the fact that few members of that
administration has been targeted last year is extremely
important. Now last year, also, you passed a specific
Magnitsky, or NICA Act for Nicaragua and that one is the law
that is still pending for application. We do believe that the
only way to make some meaningful progress in terms of
transition to democracy in Nicaragua and respect for
fundamental freedoms and human rights depends on in many ways
on the international pressure and particularly the
implementation of the specific NICA Act. Thank you.
Mr. Sires. Mr. Maradiaga?
Mr. Maradiaga. Mr. Chairman, one of the lessons learned
from nonviolent movements around the world is that they can
only be effective with robust international support. In this
regard, the NICA Act is a fantastic example of how the
international community can support such movements. And as Mr.
Vivanco and Dr. Ponce has emphasized, this is a fantastic tool
that has not been fully implemented.
In addition to the NICA Act, it is important to emphasize
the importance of coordination in the Western Hemisphere. I
would like to highlight the fact that countries such as
Honduras and Guatemala, for example, have been, in effect,
blocking many of the activities inside the Organization of
American States. We have other examples, the Government of
Taiwan, for example, have provided a lifeline to the regime of
Ortega of over $100 million.
So it is not only the action of the United States, but we
request the coordinated action of those countries that regard
themselves as part of the free world; however, their actions
are not compatible to what they are doing toward the Ortega
regime.
Mr. Sires. Thank you.
Ranking Member Rooney.
Mr. Rooney. Thank you, Chairman Sires. I appreciate that.
I would like to ask Dr. Ponce first about your assessment.
Given the fact you noted the need for more effective sanctions,
what is your assessment of the opposition, their unity, their
ability to bring about a democratic transition? Start with Dr.
Ponce and then the others.
Mr. Ponce. What we see in Cuba, Venezuela, Nicaragua is a
dictatorship manual. They apply the same. They divided
opposition by the opposition because some of the members of
COSEP has been in bed with the regime, just because there is a
golden opportunity or was a golden opportunity with $5 billion
from Venezuela, with all the corruption, so it was a good
opportunity.
And some of the members of the opposition has been divided
and some of them, the success with the pact with Aleman gave
power to Daniel Ortega again. Daniel Ortega learned the lesson
and he has been applying that. He even became Catholic,
Evangelical, whatever. He has been transforming himself. He is
a powerful guy and he will not leave power.
The thing with the opposition, they need--yes, they are
going to be divided. They are going to need to help also to
consolidate the power in the countryside. We need to help the
campesinos movement to become a major force. We need to help
the youth to be more active again in Nicaragua and consolidate
power in the countryside. We need to help the opposition also
to consolidate political parties that are going to defeat all
the forces behind Daniel Ortega in 2021. Daniel Ortega is
organizing everything for 2021, but opposition is fighting
against themselves. So it is an opportunity to strengthening.
Mr. Rooney. If I might, you make an interesting point. I
have heard from some people that I know there that the
popularity of Ortega is much less outside of Managua and maybe
Granada, and maybe is there an opportunity to exploit that?
Mr. Ponce. We have several tools. Congress has been
increasing the budget for Nicaragua, for democracy in
Nicaragua. We have the sanctions in our hands. So is it time to
implement those tools to support political parties, to support
Alianza, to support the campesinos, to support the faith-based
groups and the youth and the autoconvocados to begin a force in
Nicaragua in the whole country.
Mr. Rooney. OK.
Professor Maradiaga? Also, can you also comment about this
Taiwan thing? Imagine, if anybody needs a friend like the
United States, you would think it would be Taiwan. I mean we
need to just focus on that one more time if they gave all that
money to Nicaragua.
Mr. Maradiaga. Indeed. And that is an example of the double
standards. It is very unfortunate. And with this Taiwan loan
and some other similar support from the inter-American bank of
integration, and also from the support of South Korea,
basically Mr. Ortega has a liquidity for the rest of this year.
So many of the efforts that the OAS is doing, that the U.S.
Government is doing in a way are affected by this double
standard. So that is why my emphasis on coordination, it is
important.
A comment on the opposition and I agree with Dr. Ponce, the
manual is the same. These regimes have the mechanisms to make
it close to impossible for the opposition to participate and
that is why opposition, it is, I wouldn't say divided, but it
is very difficult to function under political persecution,
under arbitrary arrest, so there are some opposition members
that pick tactics that are low risk in order to remain in the
country.
There are some other members of the opposition, myself
included, that have taken some other risks and that is why we
are in exile. Some of us are in prison. And the only solution
to move toward a new path is to restore basic freedoms so a
robust opposition can organize in Nicaragua.
Mr. Rooney. OK.
Dr. Vivanco?
Mr. Vivanco. I am sorry. I do not have any comments about
the unity of the opposition in Nicaragua.
Mr. Rooney. Here, in the last couple of seconds then that I
have, does anyone have any comment about the realistic
opportunities we may have to strengthen this opposition then
and the risk, the odds of their success?
Dr. Ponce or Dr. Maradiaga?
Mr. Maradiaga. The people of Nicaragua see Ortega as a
tyrant of the past. And some people do not believe in the
polls, but Ortega was quite popular some years ago, precisely
because of five billion dollars is an amount that is
unprecedented in Nicaragua history for a country of six million
people, so he was able to do some stuff that brought a lot of
people in Nicaragua.
But going back to the polls, about one of every two
Nicaraguans are waiting for a new path. Ortega has about 20
percent support. If we believe polls by, say, Gallup, and
Victor Borge is another service in Nicaragua, so he is at his
lowest point right now and the opposition has a fair chance.
But the only way for the opposition to be effective is for the
opposition to have the ability to move in the country, to
organize. For the last 11 years, Daniel Ortega has declared any
effective opposition group illegal. Many political parties have
been declared illegal.
So it is important to not only to have a snapshot of the
opposition right now, but to understand that for 11 consecutive
years being a true opposition in Nicaragua has been regarded a
crime by Ortega.
Mr. Rooney. Thank you very much. Thank you.
Mr. Sires. Thank you.
Congressman Levin.
Mr. Levin. Thank you so much, Mr. Chairman. Thanks for
holding this really important hearing.
I want to take a longer view. So far, I think we have gone
back to 2018 here, but I want to ask you about how the U.S. can
best be helpful here given our history. The U.S. occupied
Nicaragua for over two decades a century ago, and then we
supported the Somoza dictatorship which ruled Nicaragua
completely undemocratically for over 40 years.
And I, as I think a 19-year-old or 18-year-old college
student, I remember when the Sandinistas overthrew the
dictatorship, and in my office, I have a T-shirt quilt that
includes one little T-shirt celebrating 1 year of freedom in
Nicaragua, which feels like a very bittersweet T-shirt today.
And then of course the United States supported the Contras in
the 1980's, so the United States has not always been a friend
of democracy in Nicaragua. And here we are today, with Ortega
acting like a transactional, as you said, Mr. Vivanco, you
know, strong man. It is so, so troubling.
So I want to ask you, in particular--well, and let me say
one more thing. You know, when I was a law student, Mr.
Vivanco, I worked for your organization during my summer, first
summer of law school in Haiti after Aristide was overthrown the
first time, and wrote with one other researcher sort of a book-
length report on the destruction of civil society in the
aftermath of that overthrow. And so, I am not so interested in
the opposition as, you know, my question is, how can the U.S.
strengthen, sort of deal with this very problematic regime in a
way that actually builds democracy and how can we support human
rights organizations that are working there? I do not think you
have said much about that. Maybe in your, you know, your
testimony you submitted.
But how can we provide support and resources to assist
human rights defenders in civil society organizations that are
obviously under threat, people being tortured and killed for
their work, what can we do more to help them?
Mr. Vivanco. Thank you very much, Congressman Levin, for
your question. And, look, on the first point that you raise,
which is the record of the U.S. in Nicaragua, and I will argue,
in the whole region.
Mr. Levin. Yes.
Mr. Vivanco. Is not--is far from perfect, and on the
contrary. Given the relationship of the government, of the U.S.
Government, for instance, with the governments in South America
like Chile, you know, and others, obviously it is a record that
deserve obviously a serious scrutiny. And I agree with you
about your assessment of the intervention in Nicaragua,
historically, by the U.S. Government.
Now we are in the 21st century and we are looking at the
respect and promotion of fundamental freedoms and rights. We
believe that those rights and freedoms are universal and they
should be defended and promoted all over the world. I do
believe that the U.S. Government today and this Congress in
particular has a responsibility and leadership to play in
coordination with other democracies in the world, particularly
Europe and in Latin America. A multilateral approach to the
case of Nicaragua could be much more effective.
Mr. Maradiaga insisted about this point and I think he has
a point in terms of urging this administration, ideally, the
Trump administration, the State Department, to work
multilaterally in terms of pressing the government for change
and protecting civil society and NGO's and journalists who are
trying to do their work.
Mr. Levin. Well, my time is expired, but I just want to ask
you before I end if you can share with me later particular
ideas about how to, you know, which vehicles and which
countries are active and, you know, I would be very much like
to help in that effort.
Mr. Vivanco. Delighted, thank you very much.
Mr. Levin. Thank you very much.
Thank you, Mr. Chairman.
Mr. Sires. Congressman Guest.
Mr. Guest. Thank you, Mr. Chairman.
Dr. Ponce, in your written testimony on page 3, under a
couple different subheadings, one entitled, ``International
Partners in Crime,'' and the other entitled, ``Uprisings in the
Market,'' you list three countries that have a close
relationship with Nicaragua, one being Cuba which you describe
as ``Communist Cuba's influence is unmistakable.'' You talk
about Russia providing the regime with weapons and expertise,
and then you also talk about China and the Grand Interoceanic
Canal. Could you expand on the role those three governments are
playing in the Nicaragua Government at this time?
Mr. Ponce. Yes, thank you, Congressman. In the case of
Venezuela, five billion dollars, and Venezuela has been
involved directly in the process of supporting the corruption
in Nicaragua. Part of the payments to the public sector has
been paid with money from Venezuela, Albanisa, and the U.S. has
been sanction Albanisa for corruption, money laundering, and
involvement in drug trafficking in Nicaragua.
With China, China has been supporting, and China--well, it
was a Chinese planning with Daniel Ortega major corruption with
the Interoceanic Canal. And that there are information about
Russia operating in Nicaragua, they have a building in
Nicaragua and the people in Nicaragua say there are more than
200 Russian operating in Nicaragua, and there are some concerns
about the weapons distributed by the Russians in Nicaragua.
Russia has been providing for military arm and military weapons
for the last five to 6 years to Nicaragua.
Some of the people that I talk that have been in prison
have been telling me that some of the people that are in--the
older prisoners claim that they hear Cuban voices when they
have been tortured in prison. And it makes sense because it is
the same model of torture. If you see the torture in Venezuela,
it is rape, it is sexual abuse, and different kind of structure
that it is the same model implemented in Venezuela and in
Nicaragua.
The level of response of the management of the forces they
have been repressing the civilians at the streets, it is this a
military training. And some of the people have been saying that
the Russian and the Cuban and the Venezuelan has been trained
in military, but they bought a military, the groups who bought
it that support Daniel Ortega directly with weapons. The
weapons, when they began the repression, came to Nicaragua in
matter of days. Several planes, some people in Nicaragua claim
that Cuban planes and Venezuelan planes arrived to Nicaragua
with weapons to a rainforest. They put all government violent
groups in Nicaragua.
Mr. Guest. And just very briefly also about the Chinese
investment and Nicaragua. We have got and we have seen in the
past and had hearings on the Belt and Road Initiative where
China is investing in developing countries, and we are seeing
that in Venezuela, are we not? Excuse me, in Nicaragua, are we
not?
Mr. Ponce. In Nicaragua, China is not so active apart from
the Canal because Taiwan has been supporting more the
Government of Nicaragua. Taiwan has been a major provider of
support of Nicaragua. The Chinese has been acting in Nicaragua,
but not as active as in Venezuela.
Mr. Guest. And then, finally, you talked about if Ortega is
allowed to run he will be re-elected, and you talk about the
need for additional sanctions. Do you believe if additional
sanctions are imposed that we will see someone else step
forward and run for president, if, in fact, those sanctions
were, in fact, imposed by our government?
Mr. Ponce. The problem with the sanctions right now is we
only impose sanctions to the inner circle of Daniel Ortega,
Daniel Ortega's wife, Daniel Ortega kids, also and the people
that work with Daniel Ortega. We are not expanding the
sanctions to members of the police that were part of the
repression, member of the military who were part for inaction
or direct action against the civilians in Nicaragua.
And we feel and we see that how the regime has been
reacting to the sanctions. They are desperate every time that
the U.S. impose any sanctions, they asking for lifting the
sanctions. In the negotiation with the alliance that is one of
the first topic in the negotiation, lifting the sanction. Yes,
I do believe that more sanctions in Nicaragua will be
effective. Listen, we are not asking, any of the witness,
nobody is asking for intervention. Nobody is asking for
anything. We are asking for sanctions and economic support and
technical support to the opposition to be more effective in
terms of getting rid of this regime, this terrible regime.
Mr. Guest. Thank you, Mr. Chairman. I yield back.
Mr. Sires. Congressman Espaillat.
Mr. Espaillat. Thank you, Mr. Chairman.
Mr. Maradiaga, you told us that there are nation-States in
the Organization of American States that are clearly supportive
of Nicaragua and what is going on right now. Could you tell us
who they are for the record?
Mr. Maradiaga. Yes, sir. Most of these are Caribbean States
who remain very close to the Petrocaribe arrangement, so----
Mr. Espaillat. Can you tell us their names?
Mr. Maradiaga. With all due respect, I do not have the name
of particular eight Caribbean islands that--but they are part
of the CARICOM, you know, and I apologize for not having
precisely the names of those States.
But if I may add, what is particularly worrisome is
neighboring States, particularly Honduras and Guatemala because
many of these island States of the Caribbean have argued that
if neighboring States are not taking concrete actions, it is
difficult for them--and of course this is an excuse--it is
difficult for them to take action. So we believe it is
important to emphasize that Honduras and Guatemala should be on
the right side of history by supporting the OAS.
Mr. Espaillat. So, please, if you can give us that list for
the record, whenever you can on who those----
Mr. Maradiaga. I will immediately do so after the hearing,
yes.
Mr. Espaillat. OK.
Dr. Ponce, you said that the problem has been that we have
only applied Magnitsky Act sanctions on the immediate Ortega
clan, right. Are you willing to give us a list of names of some
of those other folks that you feel should get Magnitsky Act
sanctions, with some level of background on why they should?
Mr. Ponce. Yes, of course. I have been providing names for
the last 3 years, even for the first one, Rivas, and some proof
about some of these people. I believe that some other people
from close to the regime need also to be included in the
sanction, and knowing that we can lift the sanctions as soon as
they collaborate with a democratic solution in Nicaragua. I can
provide that.
Mr. Espaillat. My next question is, although there has been
a major crisis in Nicaragua, there has not been a migration
crisis that have shown up at our southern border, like, for
example, the number of Hondurans or the numbers of Guatemalans
that show up at our borders due to violence and situations
impacting Central America.
Is there a migration crisis in Nicaragua and where are they
showing up? Anybody?
Mr. Maradiaga. If I may, historically, Nicaragua are an
exception in terms of migration patterns. In comparison to
neighboring Honduras, El Salvador, and Guatemala, Nicaraguans
tend to migrate to Costa Rica.
So yes, there is----
Mr. Espaillat. How many have gone to Costa Rica?
Mr. Maradiaga. Officially, over 80,000, which it is
unprecedented numbers for a country of the size of Nicaragua.
However, for the very first time in many, many years, we are
seeing significant numbers of Nicaraguans at the U.S. border
seeking for asylum.
Mr. Espaillat. Thank you.
TPS, I am supportive of TPS for Nicaraguans. The Trump
administration has not been as supportive as the courts have
weighed in. Given the crisis which is further aggravated by the
shutting down of hotels, restaurant, stores, even like street
vendors, right, which has led to a substantial number of folks
being unemployed further fueling the crisis, first, could you
tell me what you feel about the crackdown or the shutdown of
these small businesses and what you also feel about the Trump
administration's hardcore stance on extending TPS for
Nicaragua? Anybody from the panel.
Mr. Maradiaga. If I may, the TPS is a fundamental need for
Nicaragua for various reasons.
Mr. Espaillat. So you support it?
Mr. Maradiaga. Yes, yes. And I will also add my
appreciation to the Nicaraguan diaspora, to Nicaraguan
Americans who have been fundamental to the struggle of
democracy for Nicaragua. In the case of Nicaragua, there is an
interesting and very substantive characteristic of Nicaraguan
migrants. Most of Nicaraguan migrants want to return to
Nicaragua. And we have done research on this. This is an
exception to other migrant groups. So if we reestablish
democracy in Nicaragua, also the immigration issue will be
tackled.
Mr. Espaillat. What about small businesses, anything?
Mr. Maradiaga. In the terms of small businesses, this is a
clear example of the violations of human rights. About 35 small
businesses have been closed recently including pharmacies,
including supermarkets because they closed their shops in
protest to the Ortega regime as part of the nonviolent
struggle.
Mr. Espaillat. Thank you so much.
Thank you, Mr. Chairman.
Mr. Sires. Congressman Yoho.
Mr. Yoho. Thank you, Mr. Chairman.
Appreciate you all being here. Mr. Vivanco, the crimes you
highlighted at the beginning are hideous in nature. Those that
committed the horrendous charges of violence, did they act
independent of Ortega's government or could they have acted
independently and survived Ortega's authoritarianism?
Mr. Vivanco. No. According to the--our evidence and
evidence that we are actually going to include in a forthcoming
report about atrocities committed by security forces as well as
pro-government groups that works jointly with those security
forces, there is no chance that those atrocities could have
been committed without the approval and endorsement of the
government at the highest level.
Mr. Yoho. OK. And I think we can conclude the crimes could
not have been orchestrated or carried out without the direct
involvement of Daniel Ortega's knowledge and/or approval. That
would be correct with all of you, right?
Mr. Maradiaga. Yes.
Mr. Yoho. All right. I have a report here from the U.N.
High Commissioner of Human Rights. The Ortega administration
repressed these demonstrators back when, they repressed the
demonstrators before the elections. In August 2018, then United
Nations High Commissioner of Human Rights, Zeid Ra'ad Al
Hussein, asserted the violence and repression seen in Nicaragua
since demonstrations began in April are products of the
systematic erosion of human rights over the years and
highlighted the overall fragility of the institutions and rule
of law.
The U.N. comes out and says that, but nothing gets done.
The OAS still trades with Nicaragua. We entered an FTA with the
Caribbean nations, Dominican Republic and the Central American
nations. My question is, why are we still trading with somebody
like this? Why in the heck do the civilized free world tolerate
people like Daniel Ortega? I mean we are all against what he
does. We are all against what he says. We see these actions.
The U.N. goes down there and they talk about all these
atrocities, yet everything goes on. Human trafficking is going
on, smuggling and drugs, the repression, the torture that you
guys brought up.
In the civilized world we do not tolerate these things.
What can we do different? We have invested hundreds of millions
of dollars since, you know, over the decades in Nicaragua. And
it goes for good governance, rule of law, economic
development--I want to know where in the hell it is for my
American taxpayers. I want to know where it is for the people
of Nicaragua. That 80,000 that you said fled to Costa Rica,
what time period was that?
Mr. Maradiaga. That was since May of last year and now
numbers have been probably much higher.
Mr. Yoho. Sure, they are going to go up higher.
Mr. Maradiaga. But if I may, sir, go back to your question,
you are absolutely correct. The generosity of the United States
after the civil war in Nicaragua has been tremendous in
building civil society, helping build a human rights community.
And when you ask where are those people, most of them are in
prison or in exile. And that is why Mr. Ortega labels these
people as terrorists because they are sending investment in
terms of training in human rights, civil society that has been
disregarded by Ortega.
Mr. Yoho. But we in the free world need to wake up, because
what we have is--we have got Nicaragua. You have got the failed
regime of Hugo Chavez carried out through Maduro. We have got
what is going in Cuba. We have got Russian interference in the
Western Hemisphere. And, basically, they are all Communist
nations that are operating in the Western Hemisphere and there
was a time in this country where we would not tolerate that and
I think we need to go back.
If we are serious about what we said and if we really want
to bring an end to this and get some stability and empower the
people of those countries--China is over there doing whatever
they are doing.
I am over time, are not I? No, it is still going. I am on
yellow. I looked at the wrong one.
And China is over there. And if we are going to do this,
let's do it right. And I want to know and I would love to have
an hour conversation with all of you, what do we need to do
different that we have not done? I mean, we know what causes
good societies. It is rule of law, honoring human rights and
things like that and we all talk about it, but we do not do it.
I, for one, recommend that we get rid of trade with Nicaragua.
Let them trade with China. That will work out well for them.
Maybe they can build a dam like they did in Ecuador.
I think we just need to have some strong talk and follow
through with it and stop playing the games and having--and God
bless you for coming up here talking about human rights and all
that. We agree in that. We believe in that. And we need to come
together as civilized nations and say enough is enough.
I do not have any other questions. I just appreciate you
all being here.
Mr. Sires. Thank you, Congressman.
Congressman Meeks.
Mr. Meeks. Thank you, Mr. Chairman.
Let me start out by with what Mr. Levin said, because our
hand and how we have dealt in the Western Hemisphere,
particularly in Central and South America, is not clean where
we have supported dictators and others when it was in our
interests. So in listening and I do have concerns about what is
taking place there, but if we were to withdraw all of the aid
and everything else that we give to Nicaragua, will that make
things better for the people of Nicaragua? That is my first
question. Mr. Vivanco?
Mr. Vivanco. Congressman Meeks, no, I am not advocating for
some broad sanctions that might have an impact on the
conditions, living conditions of the Nicaraguans. What I am
advocating for and I am a strong believer is on targeted
sanctions. And everything else in my experience, working for
over 30 years on human rights issues in Latin America, is that
what usually works is engagement not isolation. Engagement, but
with conditions, with strings attached.
Mr. Meeks. So I am with you on that. So what puzzles me at
times with where we go, I am trying to think of a time in the
Western Hemisphere where unilateral sanctions worked. There was
not an engagement on that, you know, working with other
countries and in the area. Has there been a time where
unilateral sanctions worked which is, I think, being advocated
here?
Any one of you, in the Western Hemisphere has there been
any time that you can recall, because I am trying to----
Mr. Maradiaga. I will argue that Nicaragua is a perfect
example in the 1980's. We saw one of the most bloody civil wars
in Nicaraguan and Latin American history and we actually saw
how U.S. sanctions brought Nicaragua back to democracy in 1990.
I will also argue that the fact that Nicaragua and Ortega in
particular was outside of the radar for many, many years made
the problem to emerge again.
Mr. Meeks. OK, because I was trying to see, you know, I
know that when you talk about Nicaragua and you talk about a
number of the scenarios, particularly back when President
Reagan was around, we did some unscrupulous things there. And
I, you know, and so we are still paying for that to a large
degree.
And so I was straining to think of where is, can you tell
me where the other countries are like, you know, folks from the
OAS, are they, you know, agreeing in the same methods, you
know, or is this still just a unilateral sanctions area for the
United States of America? Because and the other piece is, what
I am trying to--because I am for democracy also, not just for
regime change. So I want to know where is, where the U.S. has
required regime change has resulted in a democratic government
with human rights, et cetera, when it is just the United States
particularly by itself.
Mr. Maradiaga. Please allow me to say that Nicaraguans
believe that the mistakes of the past cannot be an impediment
for the current exercise of the U.S. leadership in promoting
human rights. And I will also insist on the importance of
multilateral actions. In this regard I would like to publicly
appreciate, first of all, the leadership of Ambassador Carlos
Trujillo, U.S. Ambassador to the OAS, but also other missions
to the OAS such as the mission of Colombia, Argentina, Chile,
and many others who are with us in this collective effort.
Mr. Meeks. And that is, you know, tremendously important, I
think, to make sure that when I am talking, when I hear
conversations about sanctions, et cetera, that has got to be a
multilateral level. The one time that I know when sanctions was
very strong was in South Africa. The United States was last to
come on board, but it was multilateral. It was everybody. But
if you just do it in an individual basis, it does not seem to
me to be quite as effective.
Also, what my concern is--I guess I am out of time--is
someone, I do not know, one of you has said that if there was
elections that happened today that Ortega would get reelected.
That is a concern because I do want to make sure that, you
know, though, that the people's voices are heard and that we
just do not overturn an election because the people voted for
someone that we did not want to vote unless we are talking
about an election that was committed under fraud. I am out of
time, so I yield back.
Mr. Sires. Congressman Phillips.
Mr. Phillips. Thank you, Mr. Chair. And thank you to our
witnesses.
Since the Trump administration we are seeing a massive
decline in our foreign assistance around the world,
particularly in the Western Hemisphere. I think that
compromises both our national security and certainly the
security and safety of the residents of the countries in
question. The administration is proposing a 40 percent
reduction in assistance this year to only $6 million. Money is
not always the answer alone.
My question for each of you, starting with you, Mr.
Vivanco, is what are the best practices as you have seen our
country practice around the world in similar circumstances and
what level of funding, in your estimation, is appropriate to
effect what is in our best interest?
Mr. Vivanco. Congressman Phillips, I think the key is to
make sure that there is always enough resources available to
support civil society, to strengthening the rule of law, the
independence of the judiciary, to press, press countries that
have an undemocratic structure and record to reform its
legislation to allow for real checks and balance on the
executive. So all of those goals should be always be present in
the U.S. foreign policy and should be supported with sufficient
resources.
Mr. Phillips. And, sir, where you have seen us effect that
effectively?
Mr. Vivanco. Well, there are many examples in Latin
America. I think the U.S., you know, across, you know, we are
looking into the--from the 1990's up today, there are good
examples of--in Chile, for instance, in Peru, reforms that
allows for more transparency and it strengthens rule of law,
including Colombia, I think, is a good example. Colombia is not
a perfect example. There are many problems there, still, but
there have been some, I would say, conscientious effort to
support the rule of law and the independent judiciary in that
country.
I wish that we could have better examples, let's say, in
Central America and including Mexico, but unfortunately the
record is pretty poor.
Mr. Phillips. I appreciate it.
Mr. Maradiaga?
Mr. Maradiaga. I will emphasize in five key best practices.
These are not all, but just a quick summary. Funding the
strengthening of civil society particularly independent human
rights organizations; supporting the free press; civic
education of youth particularly of underrepresented minorities
such as indigenous communities and women; technical support to
electoral systems; and anticorruption and transparency
initiatives.
Mr. Phillips. And where do you think we have effected those
initiatives well?
Mr. Maradiaga. I think that the work particularly of
agencies such as USAID in the case of Nicaragua has been
fantastic. Precisely what we see when we saw hundreds of
students asking for democracy, women asking for democracy, and
something impressive which are faith-based organizations
working along leaders of the LGBT community, for example,
working together for the same objectives. That does not come
out of magic. That is the result of many, many years building
inclusive civil society.
And I will take also time to appreciate the support of U.S.
taxpayers in supporting civil society in Nicaragua.
Mr. Phillips. And do you have a sense of what is an
appropriate level of funding? Six million dollars, I trust,
cannot accomplish that.
Mr. Maradiaga. I think it is of course a very, very small
number in comparison to what the U.S. has invested in other
nations of the world. That was about--that is less than 25
percent of the support that Nicaragua used to have in the early
1990's.
Mr. Phillips. Thank you.
Doctor?
Mr. Ponce. Yes. I disagree. I believe that some of the
assistance that has been going to the region has been plagued
by rent seeking, 50, 60 percent of the money stay here in the
U.S. to pay for the organizations. Organizations charge 20, 30
percent. It is about fighting for the foreign assistance to
maintain a high level, but also begins to request also from the
implementers to fulfill some impact and measure by impact.
Six million dollars in Nicaragua can be a good amount of
money, but the problem if we take away 50 percent, 60 percent
of the money to maintain the organizations here in Washington,
DC, we are not making a major favor to the assistance that we
are providing for democracy and human rights in the region.
Mr. Phillips. Thank you, sir.
I am out of time, I yield back.
Mr. Sires. Thank you, Congressman.
I have one question. You know, I always read about the
power behind the presidency which is supposed to be Ortega's
wife. Is that accurate? How much say does she have in the
country?
Mr. Maradiaga. That is absolutely accurate and there is a
very sad episode that really explains part of that and this is
in the public record and has been widely documented, the rape
of Ortega's stepdaughter. And when Ms. Zoilamerica came out
publicly to denounce the rape, Rosario Murillo supported Daniel
Ortega; then Daniel Ortega would be absolute history if that
particular crime would have been taken into justice. But
Rosario Murillo supported Daniel Ortega clearly in exchange for
a piece of the pie. And that is how the Ortega family sees
Nicaragua, as a pie that they share among their inner circle.
Mr. Sires. Anybody else have any other----
Mr. Ponce. Yes, I was detained and I was expelled from
Nicaragua by a direct order of Rosario Murillo. And when the
Ambassador tried to negotiate, Rosario Murillo directly say,
``I am the one who rules the country here.''
So it is also a problem that Daniel Ortega manage some of
the negotiations, the peak negotiation, but she is in control
of the operation of the government. She is in control of the
violence. She is in control of major things in the country and
she sees herself as a major power behind Daniel Ortega. And as
Felix said, talking with Zoilamerica, Zoilamerica talks about
the corruption and how she maintained the whole structure of
corruption behind Daniel Ortega too.
Mr. Sires. So if Daniel Ortega steps down, do you think she
runs for president?
Mr. Ponce. I believe that Daniel Ortega will try to run
again. And if not, she will try to run. They will maintain--
they want immunity, impunity, and also maintain control. This
couple has been in power directly or indirectly for four
decades in Nicaragua, so they are not going to leave as easy as
we want.
Mr. Sires. Well, this has been a very interesting hearing
and I want to thank you for coming. We keep reading about
Nicaragua. We keep reading about some other countries in the
region, but Nicaragua is now standing out. And I was hopeful
that other countries, like Guatemala, were going in the right
direction, but now they seem to have taken a step back. And it
is very disheartening when you push as I do for the Western
Hemisphere that they take a step forward and then they take two
or three steps back, and you have to constantly defend that we
have to get more involved in the Western Hemisphere.
Ladies and gentlemen, thank you all for being here today
for this important hearing. The crisis in Nicaragua continues
at the hands of the Ortega regime. I want to reiterate my
support for the Nicaraguan people and their tireless effort to
fight for democracy. I thank our witnesses for being here today
and with that I adjourn the hearing.
[Whereupon, at 11:21 a.m., the subcommittee was adjourned.]
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