(OPINION) Fifteen Questions about the Agenda for Negotiations in Nicaragua

March 21, 2019

Nicaragua

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On Wednesday afternoon, the negotiating teams for the Alianza Cívica and for the Ortega-Murillo administration issued a joint statement, announcing the negotiation agenda moving forward.  The document, written in flawless “diplomatese”, outlines six main themes, (1) strengthening of democracy and electoral reforms, (2) strengthening of citizen rights and guarantees, (3) releasing prisoners within 90 days, (4) Truth, justice, reparations and non-repetition, (5) implementing the agreements, and (6) obtaining international support and eventually requesting the suspension of sanctions.The agenda represents a compromise between the OrMu administration’s proposal, issued on March 9, and the latest Alianza agenda, issued on March 19. Here are the proposals, compared side by side.

Agenda Proposals Compared

Alianza Civica*Ortega-Murillo Agenda Proposal**Joint Agenda***
Alianza Civica*:
Democracy: Reestablishing the confidence on the Electoral System among citizens, through the implementation of the recommendations or observations made by the electoral accompaniment missions and other electoral reform proposals, in order to guarantee early, free, fair, transparent, and observed elections.		Ortega-Murillo Agenda Proposal**:
Strengthening electoral institutions in Nicaragua, through the implementation of the recommendations made by the OAS electoral accompaniment mission as well as electoral reform proposals that perfect free, fair, and transparent elections.		Joint Agenda***:
Strengthening of democracy and electoral reforms to carry out electoral processes.
Alianza Civica*:
Freedoms: Establishing a process for the release of all political prisoners and the nullification of trials. Respect and ensure respect for freedoms, rights, and guarantees established in the Nicaraguan Constitution, in accordance to international treaties on the matter of human rights to which Nicaragua is a party.		Ortega-Murillo Agenda Proposal**:
Release of prisoners incarcerated in the context of the criminal acts against the State of Nicaragua occurred since April 2018, who have not been tried yet. Those who have been tried will undergo a review of their files, without leading to impunity.

Continue strengthening the constitutional freedoms and rights established in the Nicaraguan Constitution.		Joint Agenda***:
The release, within a maximum period of 90 days, in accordance with the legal system of the country, of all persons imprisoned and detained in the context of the events that have occurred since April 18th, 2018.

Strengthening of citizen rights and guarantees.
Alianza Civica*:
Justice: Establishing processes of truth, justice, reparations, and guarantees for non repetition, in order to consolidate peace, security, and respect for Human rights within a context that does not lead to impunity.		Ortega-Murillo Agenda Proposal**:
Justice and reparation in order to continue consolidating peace, security, and stability in Nicaragua.		Joint Agenda***:
Truth, justice, reparations and non-repetition.
Alianza Civica*:
Implementation: Establishing mechanisms for the implementation and follow-up over partial and final negotiation agreements, including requests for international support for said implementation.		Ortega-Murillo Agenda Proposal**:
To arrange for international support for the implementation of the final negotiation agreements, and to call upon the international community to suspend all sanctions against the Nicaraguan people, in order to facilitate the right to human, economic, and social development in Nicaragua, in favor of the most vulnerable sectors of the population.		Joint Agenda***:
Once agreements have been reached at the negotiating table, steps will be taken at the international level in order to obtains support for their implementation. In due time, and in agreement between the parties, a call will be made to the international community to suspend sanctions and facilitate Nicaragua's right to human, economic and social development, favoring the most vulnerable sectors of the population.
Alianza Civica*:
Compliance with IACHR recommendations: Ensuring respect for the agreement that requires compliance with the recommendations made by the Inter American Commission for Human Rights, made on May 21, 2018.		Ortega-Murillo Agenda Proposal**:
Implementation and compliance with agreements.		Joint Agenda***:
Mechanisms for implementing the agreements.
Alianza Civica*:
*Translation by author		Ortega-Murillo Agenda Proposal**:
**Official government statement - English Language Version		Joint Agenda***:
***Official Joint Statement - English Language Version

I have questions about all of it. I list them in no particular order.

  1. In 2017, the OAS Electoral Observation Mission made 61 recommendations to the State of Nicaragua. To date, the Ortega-Murillo government has failed to take action on any of them. What would be the time table to implement all 61 recommendations? Is it feasible to consider an early election without complete implementation of the OAS recommendations? If not, which aspects of electoral reform would take precedence?
  2. In the next election, whether it is held in 2020 or in 2021, will Daniel Ortega and Rosario Murillo, or any formula including one or both of them, run for office again, even though the GIEI concluded that “The State of Nicaragua perpetrated actions that amount to crimes against humanity, according to international law, namely murders, arbitrary deprivation of liberty and persecution.” (see executive summary document, p. 4?
  3. When the Ortega-Murillo administration commits itself to the “strengthening of citizen rights and guarantees, is it implicitly acknowledging the need to dismantle its propaganda apparatus, or redirect the government’s considerable media assets to support a process of true reconciliation?
  4. As a follow-up question, will Rosario Murillo refrain from further demonizing and stigmatizing Nicaraguans who dissent with the Ortega-Murillo government’s policies and actions?
  5. Will the Ortega-Murillo administration reform or declare null and void the recently passed “Reconciliation Law” so that it meets international standards established in UN Resolution 60/147, “Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law” as indicated by the GIEI in its critique of the administration’s reconciliation policy?
  6. When the Ortega-Murillo administration commits itself to the “truth, justice, reparations, and non-repetition” is it accepting committing itself to disarming and dismantling paramilitary actors, as well as conduct a thorough and transparent investigation of the actions of state and parastate agents who directed and engaged in acts that are considered crimes against humanity?
  7. When both parties commit to “truth, justice, reparations, and non-repetition”, who will be in charge of investigating crimes against humanity? What mechanisms will ensure that those who are responsible for these crimes, no matter how high up they are in the administration, will be held accountable?
  8. Is it a pipe dream to believe that without the threat of sanctions and/or significant international pressure, Daniel Ortega and Rosario Murillo themselves will ever be tried in an international court for crimes against humanity? Do Nicaraguans have any effective recourse on this matter? Would the Alianza Civica pursue such an action in the event that Ortega and Murillo are removed from office?
  9. What is the time table for reparations and restoration of property seized from Confidencial, 100% Noticias, CINCO, CENIDH, IEEPP, CISAS, HADEMOS, POPOL NAH, ILS, IPADE, Fundacion del Rio and other organizations and/or individuals?
  10. How many political prisoners does the Ortega-Murillo administration recognize? Will the Ortega-Murillo administration present their list of political prisoners to be released within the 90 day period? Will the administration publish a time frame for these releases?
  11. Will the Ortega-Murillo administration ensure the safety of released prisoners, starting by not publishing their complete addresses and ID numbers on the internet when they are released?
  12. Does the phrase “in accordance with the legal system of the country” indicate that politically-motivated trials will be nullified?
  13. When the Ortega-Murillo administration commits itself to creating “mechanisms for implementing the agreements”, does that include compliance with the May 21 recommendations made by the IACHR? These recommendations include an immediate cessation of repression of demonstrators as well as arbitrary detentions, the respect for the right to protest, freedom of expression, peaceful assembly, and participation, and other issues that the Ortega Murillo administration has completely dismissed for the past 11 months.
  14. Does the phrase “In due time, and with agreement between the parties, a call will be made to the international community to suspend sanctions and facilitate Nicaragua’s right to human, economic and social development, favoring the most vulnerable sector of the population” mean that the Alianza Civica can veto such a request?
  15. Does any request for the suspension of sanctions involve individual sanctions against Rosario Murillo, Nestor Moncada Lau, Francisco Diaz, Fidel Moreno, Francisco Lopez, and Roberto Rivas? How will sanctions against Albanisa, which was affected through its relationship with PdVSA, be managed? Will Albanisa be restructured to ensure that its ownership does not involve ties to Venezuela and also to exclude any individuals who played a role in the repression enacted by the Ortega Murillo administration do not have decision making power and/or profit from Albanisa?

I know I’m not the only Nicaraguan citizen with serious questions about this entire process. Hopefully, we will get some actual answers.

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