[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
HEARING ON NICARAGUAN CRISIS: NEXT STEPS TO ADVANCING
DEMOCRACY AND MARKUP ON H. RES. 981, CONDEMNING
THE VIOLENCE, PERSECUTION, INTIMIDATION, AND
MURDERS COMMITTED BY THE GOVERNMENT OF NICARAGUA
AGAINST ITS CITIZENS
=======================================================================
HEARING AND MARKUP
BEFORE THE
SUBCOMMITTEE ON
THE WESTERN HEMISPHERE
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
JULY 12, 2018
__________
Serial No. 115-160
__________
Printed for the use of the Committee on Foreign Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov,
or http://www.gpo.gov/fdsys/
______
U.S. GOVERNMENT PUBLISHING OFFICE
30-709PDF WASHINGTON : 2018
COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida BRAD SHERMAN, California
DANA ROHRABACHER, California GREGORY W. MEEKS, New York
STEVE CHABOT, Ohio ALBIO SIRES, New Jersey
JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia
MICHAEL T. McCAUL, Texas THEODORE E. DEUTCH, Florida
TED POE, Texas KAREN BASS, California
DARRELL E. ISSA, California WILLIAM R. KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID N. CICILLINE, Rhode Island
MO BROOKS, Alabama AMI BERA, California
PAUL COOK, California LOIS FRANKEL, Florida
SCOTT PERRY, Pennsylvania TULSI GABBARD, Hawaii
RON DeSANTIS, Florida JOAQUIN CASTRO, Texas
MARK MEADOWS, North Carolina ROBIN L. KELLY, Illinois
TED S. YOHO, Florida BRENDAN F. BOYLE, Pennsylvania
ADAM KINZINGER, Illinois DINA TITUS, Nevada
LEE M. ZELDIN, New York NORMA J. TORRES, California
DANIEL M. DONOVAN, Jr., New York BRADLEY SCOTT SCHNEIDER, Illinois
F. JAMES SENSENBRENNER, Jr., THOMAS R. SUOZZI, New York
Wisconsin ADRIANO ESPAILLAT, New York
ANN WAGNER, Missouri TED LIEU, California
BRIAN J. MAST, Florida
FRANCIS ROONEY, Florida
BRIAN K. FITZPATRICK, Pennsylvania
THOMAS A. GARRETT, Jr., Virginia
JOHN R. CURTIS, Utah
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
------
Subcommittee on the Western Hemisphere
PAUL COOK, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ALBIO SIRES, New Jersey
ILEANA ROS-LEHTINEN, Florida JOAQUIN CASTRO, Texas
MICHAEL T. McCAUL, Texas ROBIN L. KELLY, Illinois
MO BROOKS, Alabama NORMA J. TORRES, California
RON DeSANTIS, Florida ADRIANO ESPAILLAT, New York
TED S. YOHO, Florida GREGORY W. MEEKS, New York
FRANCIS ROONEY, Florida
C O N T E N T S
----------
Page
HEARING WITNESSES
The Honorable Carlos Trujillo, U.S. Permanent Representative,
Organization of American States................................ 10
The Honorable Michael Kozak, Senior Advisor and Senior Bureau
Official, Bureau of Democracy, Human Rights, and Labor, U.S.
Department of State............................................ 19
Ms. Barbara Feinstein, Deputy Assistant Administrator, Bureau for
Latin America and the Caribbean, U.S. Agency for International
Development.................................................... 26
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
The Honorable Paul Cook, a Representative in Congress from the
State of California, and chairman, Subcommittee on the Western
Hemisphere: Prepared statement................................. 4
The Honorable Carlos Trujillo: Prepared statement................ 13
The Honorable Michael Kozak: Prepared statement.................. 21
Ms. Barbara Feinstein: Prepared statement........................ 28
MARKUP ON
H. Res. 981, Condemning the violence, persecution, intimidation,
and murders committed by the Government of Nicaragua against
its citizens................................................... 47
APPENDIX
Hearing/markup notice............................................ 56
Hearing and markup minutes....................................... 57
Markup summary................................................... 59
The Honorable Paul Cook: Questions submitted for the hearing
record to all witnesses........................................ 60
HEARING ON NICARAGUAN CRISIS: NEXT STEPS TO
ADVANCING DEMOCRACY AND MARKUP ON H. RES. 981,
CONDEMNING THE VIOLENCE, PERSECUTION,
INTIMIDATION, AND MURDERS COMMITTED BY THE
GOVERNMENT OF NICARAGUA AGAINST ITS CITIZENS
----------
THURSDAY, JULY 12, 2018
House of Representatives,
Subcommittee on the Western Hemisphere,
Committee on Foreign Affairs,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:03 p.m., in
room 2172, Rayburn House Office Building, Hon. Paul Cook
(chairman of the subcommittee) presiding.
Mr. Cook. A quorum being present, the subcommittee will
come to order.
I would like to now recognize myself for an opening
statement.
For too long, Daniel Ortega has ruled Nicaragua through
fear and intimidation, undermined democracy, and enriched
himself through systemic corruption. Today, hundreds of
thousands of Nicaraguans from all sectors of society have said
no more.
In response, over the last 2 months, Ortega has fought to
maintain his control, unleashing his security forces on unarmed
citizens and violently suppressing the protests in which he has
left close to 300 people dead, including one U.S. citizen.
The crisis in Nicaragua is also threatening regional trade,
business operations, and the safety of Americans living in
Nicaragua. Attempts by the Catholic Church to mediate a
peaceful solution to the conflict have failed. Ortega continues
to suppress the people, and Ortega announced over the weekend
that he will not hold early elections as many protesters had
urged.
Just this weekend, masked government supporters attacked
Roman Catholic priests who were seeking to help protesters
trapped inside a church.
Yesterday, Felix Maradiaga, the executive director for a
leading think tank in Nicaragua, an important pro-democracy
advocate, was attacked and physically beaten by Ortega's thugs
in Leon. I believe his wife is in the audience today. In fact,
I just met her. I complimented her husband and herself on her
courage.
And most of all, I wish your husband a speedy recovery, and
thank you very, very much for being here. I just want to say
the U.S. stands in support and solidarity with you and the
Nicaraguan people who are seeking to reclaim their freedoms.
While some have expressed surprise by the outbreak and
violence in what was previously known as the most stable
country in Central America, this crisis did not occur
overnight. In my view, it is the result of more than a decade
of Ortega's authoritarian rule and built-up resentment from the
Nicaraguan people who have seen the Ortega family enrich
themselves at the expense of the country.
Today, Nicaragua remains the second poorest country in the
Western Hemisphere after Haiti, and Transparency International
ranks Nicaragua as one of the region's most corrupt countries,
along with Venezuela and Haiti.
In addition, Ortega and his wife, Rosario Murillo, have
undermined democratic institutions in Nicaragua, stacked the
courts and electoral body with political allies, illegally
changed the constitution, eliminated presidential term limits,
stripped the opposition parties of their legal registration,
dismissed the opposition lawmakers from the National Assembly,
held fraudulent elections, and co-opted many of the country's
television and media outlets to restrict information from
reaching citizens.
In view of these actions and today's crisis in Nicaragua,
we were holding this subcommittee hearing and markup of House
Resolution 981 to examine recent developments and conduct
oversight of the administration's policy to Nicaragua.
The Trump administration has rightly responded with strong
statements condemning the Ortega regime for committing violence
and human rights abuses. The State Department has taken
important action to protect U.S. Embassy personnel and their
families and issue visa restrictions on Nicaraguan Government
officials. The Treasury Department also recently announced
sanctions against three top Ortega officials for human rights
abuses and corruption.
I strongly applaud all these actions, but I want to note my
concern over an Organization of American States, OAS,
resolution jointly introduced by the United States and
Nicaragua that seemed to downplay the crisis and deaths, and
could have more strongly supported the democratic actors on the
ground.
The U.S. must do more. I urge the State Department and the
Treasury Department to issue additional visa restrictions and
Magnitsky sanctions on Ortega regime officials to send a clear
message that the United States will not allow government
officials who exploit Nicaraguan people or who commit human
rights abuses to visit U.S. destinations or access the U.S.
banking systems.
The U.S. must also do more to support the democratic actors
in Nicaragua. Also, U.S. funding to support the Nicaraguan
people is strongly welcomed by this subcommittee. It is
essential the U.S. respond to the crisis with a clear strategy
and that we consider the needs of the actors on the ground in
their capacity to manage money effectively to achieve results
as we consider any additional funding.
Finally, I strongly believe that the U.S. will be most
effective if we work together to support the Nicaraguan people
through, not only the Organization of American States and its
member states, but also with the European Union, Canada, and
the Lima Group countries to coordinate a united response to the
Nicaraguan crisis.
I look forward to hearing from our witnesses on how the
Trump administration is engaging with all these different
actors to support the Nicaraguan people.
And with that, I turn to our Ranking Member Sires for his
opening remarks.
[The prepared statement of Mr. Cook follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
----------
Mr. Sires. Thank you, Chairman, and thank you for holding
such a timely hearing. And thank you to our witnesses for being
here.
But before I begin, I would also like to recognize Berta
Valle. Thank you for being here. I wish your husband well. I
hope he has a speedy recovery, and tell him that we appreciate
his courage and his determination. So thank you for being here.
You know, as we know, Nicaragua is currently in the throes
of a civil conflict as Ortega's government continues to oppress
its citizens for pursuing greater democratic rights.
Since Ortega came to power, he has gradually consolidated
power in the hands of his family and his cronies at the expense
of the Nicaraguan citizens.
The peaceful protests that began in April initially opposed
the proposed government's reform to Social Security. However,
as violent attempts by government security forces to quash the
protests failed, the demonstration gradually became a call for
a more democratic Nicaragua.
The Catholic Church attempted numerous times to mediate
dialogue between Ortega and the opposition groups, but Ortega's
regime has repeatedly failed to uphold its end of the
agreement.
Over the course of the last several months, as negotiations
over dialogue has evolved, hundreds of Nicaraguan citizens are
estimated to have been killed, with thousands more injured.
Recently, international observers from the International
Commission of Human Rights, the United Nations Commission of
Human Rights, and European Unions have finally arrived in
Nicaragua to begin investigating the violence, despite Ortega's
reluctance.
Now, many Nicaraguans are demanding political reforms and
the resignation of Ortega and his wife before the scheduled
elections in 2021.
The United States cannot stand idly by and ignore the
demands of the Nicaraguan people while the Ortegas and his
confidantes push the country undoubtedly toward a civil war.
That is why my colleagues, Representative Ros-Lehtinen,
Ranking Member Engel, Chairman Cook, and I have introduced a
bipartisan resolution condemning the ongoing violence in
Nicaragua and urging the administration to impose sanctions on
individuals who qualify under the Global Magnitsky Act.
I have also worked with my friend, Ileana Ros-Lehtinen, to
pass a Nicaraguan Investment Conditionality Act to hold the
regime accountable for its misuse of international loans. This
bill will direct the U.S. to not support international loans to
Nicaragua until the government increases transparency and has
free and fair elections.
Unified pushback from the international community shows the
courageous Nicaraguans on the ground that the world stands
shoulder-to-shoulder with them. It is the only way to help
Ortega see the writing on the wall. He has to give up his grip
and enact long overdue and meaningful political reforms people
are fighting for.
I am eager to hear from the administration's view the
potential outcomes of the Nicaraguan crisis, and look forward
to hearing how they plan on standing up for the protesters and
promote democratic reforms to Nicaragua moving forward.
Thank you, Chairman, for holding this hearing.
Mr. Cook. Thank you very much.
My able staff always passes me notes here. And I didn't
have my right glasses on. I thought it said IRS. And I said, I
paid my taxes, but it was to remind me that Ileana Ros-Lehtinen
is going to make an opening statement.
So, Ms. IRS, you are up.
Ms. Ros-Lehtinen. I have been called worse, but that is
pretty low.
But thank you so much, Mr. Chairman, thank you to Ranking
Member Sires for putting together this very important hearing
as the Nicaraguan people march through the streets today on a
national strike to demand Ortega's exit from power.
And like Albio Sires, I also have a wonderful constituent,
Nora Sandigo, who is there in the audience.Nora, please stand
up. And she has been such a valiant fighter for the people of
Nicaragua and all of Central America. Mucha gracias, Nora.
And I especially want to commend the wonderful work that
USAID Administrator Green, who is a dear friend of this
subcommittee, for what he has been doing to assist the people
of Nicaragua and Venezuela. I have to say that I am relieved
that this administration, unlike the previous administration,
is paying close attention to the Western Hemisphere and has
shown a willingness to lead on many fronts, including Ortega's
escalating repression in Nicaragua.
I have already led two letters urging sanctions on Ortega's
cronies for their roles in corruption and human rights
violations against the Nicaraguan people. And the
administration has responded by including all of these
individuals on the Global Magnitsky list, that we should build
on that list, which is why I intend to send another letter in
the near future with all of our colleagues here, because we
know that these despots will do anything to cling to power, and
they only respond to pressure.
Ortega is the sole individual responsible for the ongoing
violence and the rising death toll in Nicaragua today, but it
is not something that just happened overnight. It is not like
we didn't know what to expect when Ortega reclaimed power in
Nicaragua.
I came to Congress in 1989. And at that time, democracy was
sort of looming in Nicaragua after Ortega's first reign of
terror, which took the lives of over 100,000 Nicaraguans. Due
to his repression, thousands of Nicaraguans had already fled
their native homeland to seek refuge in our great country, and
we are so proud in South Florida to have a growing Nicaraguan-
American community.
And as a political refugee myself, just like Mr. Albio
Sires, we fled Castro's grip on power in our native homeland of
Cuba, so we can relate to the hardships that the Nicaraguan
people face in a new country. So that is why, Mr. Chairman and
Ranking Member, it pains me so much to see Nicaragua go down
this path again.
He has pulled off many tricks to position himself in the
place he is now with the help of his wife and so-called vice
president, Rosario. And you know, she is wicked. He is bad and
she is a great partner in terror. He has been able to
systematically weaken and dismantle democratic institutions in
Nicaragua. What a pair.
He and his family control every institution, every aspect
of the country. He has co-opted and coerced the private sector.
He has unleashed his thugs to violently crush any and all
dissent, all of which has caused angst, frustration, despair
among the Nicaraguan people.
And that brings us to the tragic situation that we have
today. In April, the Nicaraguan people said ``basta ya,''
enough is enough, took to the streets in opposition to Ortega
and his corrupt policies. And in just 2 short months, almost
400 Nicaraguans' lives, and the life of at least one U.S.
citizen, have been taken at the bloody hands of the murderous
Ortega regime.
Thousands of people have been injured, hundreds
mysteriously disappeared, while hundreds of thousands from all
ages and all socioeconomic backgrounds continue to be
intimated, repressed, and threatened on a daily basis.
The violence is escalating, and the advanced technical
weapons being used is alarming. Ortega has doubled down on his
repressive tactics.
In just this week, he has ruled out early elections, sent
henchmen to fire shots near the residence of the U.S.
Ambassador to Nicaragua. Just this week, killed more than 30
people, sent more of his mobs to physically attack priests and
ransack churches.
These are not the actions of someone who wants to work in
good faith to reach a peaceful resolution. These are not the
actions of someone who truly wants a national dialogue. These
are the actions of a thug who wants to stay in power no matter
what the cost. And to that end, Ortega has expanded his
cooperations with regimes across the region and beyond.
Just last week, several reports indicated that Maduro had
sent a shipment of weapons to Ortega. And there are reports
that suggest the Cubans have shipped in their military
personnel and snipers to Nicaragua as well. And we have known
for years about Ortega's coziness with Putin.
So there are a lot of alarming trends, Mr. Chairman. None
of them good. But at least the people of Nicaragua know where
the U.S. stands, and we stand with the people of Nicaragua.
Thank you, Mr. Chairman. Thank you, Mr. Ranking Member.
Mr. Cook. Thank you, Ms. IRS.
Before I recognize you to provide your testimony, I am
going to explain the lighting system in front of you.
You will each have 5 minutes to present your oral
statement. When you begin, the light will turn green. When you
have a minute left, the light will turn yellow. And when your
time is expired, the light will turn red.
I ask that you conclude your testimony once the red light
comes on. I will gently tap. Sometimes I come down hard. I
haven't got the right glasses, and I might hit my colleague to
the right by mistake.
After our witnesses testify, members will have 5 minutes to
ask questions. I urge my colleagues to stick to the 5-minute
rule to ensure that all members get the opportunity to ask
questions.
Our first witness to testify will be Ambassador Carlos
Trujillo, the U.S. Permanent Representative to the Organization
of American States, OAS. Prior to this, the Ambassador served
as a State representative in the Florida House, special adviser
at the U.S. Mission to the United Nations, assistant State
attorney in Miami, and has been a member of three real estate
holding companies in Florida.
He earned a BS in business administration from Spring Hill
College and a JD from Florida State College of Law.
Our second witness is Ambassador Michael Kozak, a senior
adviser and senior bureau official in the Bureau of Democracy,
Human Rights, and Labor at the U.S. Department of State. Prior
to this, the Ambassador served in numerous senior positions in
the executive branch, including senior director on the National
Security Council, principal deputy assistant secretary of
state, Ambassador in Minsk, U.S. negotiator with Cuba, special
Presidential envoy to negotiate the departure of General
Noriega, assistant negotiator for the Panama Canal treaties,
and staff of the Middle East peace negotiator.
He earned his JD and BA from the University of California
at Berkeley.
Our last witness to testify will be Ms. Barbara Feinstein,
the deputy assistant administrator in the Bureau for Latin
America and the Caribbean at the U.S. Agency for International
aid, USAID. Prior to this, Ms. Feinstein served as USAID's
senior deputy assistant administrator for Legislative Affairs,
in the Office of USAID Administrator, on the professional staff
of the House Appropriations Subcommittee on State and Foreign
Operations and the House International Relations. She has also
served in various capacities at the Department of State and
Defense.
She earned a BA from the University of California at
Berkeley and a master's from Princeton University. I would like
to mention to staff, obviously Berkeley is--what about my alma
mater?
Ms. Ros-Lehtinen. Which one is your----
Mr. Cook. No, I am only kidding. I won't tell you. I don't
want to embarrass my alma mater for graduating me.
Ambassador Trujillo, you are recognized.
STATEMENT OF THE HONORABLE CARLOS TRUJILLO, U.S. PERMANENT
REPRESENTATIVE, ORGANIZATION OF AMERICAN STATES
Ambassador Trujillo. Thank you.
Chairman Cook, Ranking Member Sires, members of the
subcommittee, thank you for conducting this hearing and for
allowing me the opportunity to come before you to address the
most urgent matter and the critical need to work together to
uphold freedom, democracy, and respect for human rights for the
people of Nicaragua.
On June 4, at the 48th Regular Session of the General
Assembly of the Organization of American States, Secretary
Pompeo underscored that ``we join with the nations around the
world in demanding that the Ortega government respond to the
Nicaraguan people's demand for democratic reform and hold
accountable those responsible for violence.''
The Secretary's remarks echoed those of Vice President
Pence during the May 7 visit to the OAS headquarters in which
he also stressed the United States will continue to stand with
all Nicaraguans peacefully exercising their fundamental
freedoms in the face of tremendous repression, and the will to
continue to press for democracy and accountability in
Nicaragua.
Let me begin today by underscoring that the United States
condemns the Nicaraguan Government's ongoing violence and
intimidation campaign against its own citizens, and more
recently, church officials.
The United States is under no illusion as to who is
responsible for this violence. The United States condemns the
attacks in Diriamba and surrounding areas over the last several
days, including the heavy-handed tactics against the mediators
of the national dialogue, such as Cardinal Brenes, who recently
returned from Rome.
The United States has backed up our words of condemnation
with actions. Last week, we announced the designation of three
Nicaraguan officials for human rights abuses and corruptions
under the Global Magnitsky Human Rights Accountability Act.
The strategic designation targeted those who gave shoot-to-
kill orders that have resulted in the deaths of Nicaraguans who
were exercising their constitutional rights to oppose their
government. The designations also targeted facilitators of who
those who strive to enrich themselves off of the backs of the
Nicaraguan people.
These targeted sanctions, plus earlier and continuing visa
revocations, show the United States will expose and hold
accountable those responsible for the Nicaraguan Government's
ongoing violence and intimidation campaign against its own
people.
Let me be clear. It is Ortega's government that every day
renews its directive to kill its people in order to remain in
power. Local human rights groups and international media report
that 38 people were killed just between July 8 and July 10 in a
government offensive that also injured the church officials.
Between April 19 and July 20, over 300 people have died. More
than 2,000 have been injured and over 200 are still reported
missing.
Just yesterday, the Inter-American Commission on Human
Rights briefed the OAS Permanent Council on its ongoing efforts
on the ground in Nicaragua and recounted a variety of
systematic and disturbing human rights abuses. Furthermore, it
again made clear the Nicaraguan Government's responsibility for
the ongoing violence and repression.
According to Inter-American Commission, the Nicaraguan NGO
Center For Human Rights and Amnesty International, there is
substantial evidence that the government is directing the
national police as well as Sandinista Youth and government-
controlled gangs to repress protesters violently.
There are credible reports of extrajudicial killings,
forced disappearance, and torture in custody. Furthermore,
citizens have been unable or unwilling to access healthcare for
their injuries.
People have distrust to government-run hospitals that they
have reportedly forced families to sign certificates that
falsifies the cause of death in order to retrieve the bodies of
their deceased or loved ones.
The United States supports the Commission's new mechanism
to investigate human rights abuses and believes strongly that
we must hold those accountable for human rights abuses,
accountable for their actions.
We welcome, in particular, the efforts of the international
Interdisciplinary Group of Independent Experts. I am pleased
that the Group of Independent Experts is in Nicaragua as we
meet today investigating the ongoing acts of violence taking
place in Nicaragua. It is imperative that OAS member and
observer states provide the Commission the support necessary to
ensure it can carry out its important mission effectively and
remain on the ground as long as necessary, while performing its
vital work unimpeded by the Nicaraguan Government.
For its part, the Government of Nicaragua had indicated its
willingness to cooperate with the Commission's effort, but so
far, it appeared to have impeded the work of the Commission,
and just yesterday, rejected the IACHR's finding when presented
to the OAS Permanent Council.
It is for this reason that the OAS must continue to shine
the spotlight on the human rights crisis unfolding before our
eyes in Nicaragua and hold the Nicaraguan Government
accountable.
Esteemed members of the subcommittee, let me also be clear
that while these mechanisms and visits are a necessary step
toward greater accountability and enhanced citizen security,
they nonetheless are insufficient to resolve the ongoing crisis
of governance and democratic backslide in Nicaragua. The
violence and loss of life in Nicaragua reflects the need for
urgent democratic reforms now, consistent with the purpose,
practice, and principles of the OAS, especially those
articulated in the Inter-American Democratic Charter.
Simply put, the Nicaraguan people deserve far better from
their government. We strongly support the proposal by many
sectors of the Nicaraguan societies for free, fair, and early
elections with credible domestic and international electoral
observations in line with the terms and spirit of the Inter-
American Democratic Charter.
There is no apparent way to resolve this political crisis.
We have urged the OAS secretary general to promote and support
the reform of democratic institutions in Nicaragua, especially
the electoral system, who was manipulated by the government in
recent years and spark the Nicaraguan people's demand for fair
and transparent process.
Thank you.
[The prepared statement of Ambassador Trujillo follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
----------
Mr. Cook. Thank you, Mr. Ambassador.
Ambassador Kozak, you are now recognized.
STATEMENT OF THE HONORABLE MICHAEL KOZAK, SENIOR ADVISOR AND
SENIOR BUREAU OFFICIAL, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND
LABOR, U.S. DEPARTMENT OF STATE
Ambassador Kozak. Thank you, Mr. Chairman, Ranking Member
Sires, and members of the subcommittee. It feels like old
times, Congresswoman Ros-Lehtinen. I was acting assistant
secretary for WHA the last time we were talking about Daniel
Ortega and Nicaragua, and here we go again. Let's hope it turns
out the same way. But thank you for holding this timely
hearing.
On June 14, Vice President Pence called on Daniel Ortega to
end his government's crimes and answer his nation's cry for
democracy and human rights. The way to do this is to answer
their call for early, free, and fair elections.
Our message is simple: Allow the Nicaraguan people to
resolve this crisis through democratic means.
The continued campaign of violence against protesters is
self-defeating. More than 300 people have died since protests
started on April 18, and that number is increasing.
The reason the Ortega-Murillo regime faces these protests
is precisely because they have responded to legitimate
grievances with violence. More of the same will not end the
crisis. Daniel Ortega should know better than most. This did
not work for Somoza. It will not work for him.
There is substantial evidence that the government is
directing national police, Sandinista Youth, and government-
controlled gangs to suppress protests violently. There are
credible reports of extrajudicial killings, forced
disappearances, and torture, and there is evidence of the use
of snipers. Citizens have been unable to obtain healthcare for
their injuries. Government-run hospitals have reportedly forced
families to sign certificates that falsify the cause of death.
This crisis has been years in the making. It is the product
of the hollowing out of democratic institutions under Daniel
Ortega and Rosario Murillo. Their regime has disregarded the
rule of law, basic tenets of democracy, and international
commitments to protect human rights. Instead, the family has
governed through pacts, where they allocated the political and
economic spoils of dictatorship with other groups.
The ruling party controls the legislative and judicial
branches of government. The Ortega-Murillo family controls
eight of the nine major television stations. And when the
violence broke out, the Ortegas ordered five independent
television stations off the air.
Since the 2008 elections, Ortega has consistently blocked
opposition party candidates from the ballot. Before the 2016
general elections, Ortega had the supreme court disqualify a
principal opposition leader, and the Supreme Electoral Council
was ordered to remove 16 of 27 opposition members from the
National Assembly.
The United States has consistently called on the Government
of Nicaragua to respect peaceful protest, human rights, freedom
of expression, and democratic norms. We are pleased that we
have been joined by many others in calling out these abuses. A
European Union statement condemned the May 30 Mother's Day
violence. It urged that the government implement all Inter-
American Human Rights Commission recommendations and permit the
entry of relevant U.N. bodies. U.N. Secretary-General Guterres
said that it was essential that those responsible for such
serious human rights violations are held to account.
U.N. High Commissioner for Human Rights has called for the
creation of international commission to investigate the
violence. And as OAS Secretary General Almagro indicated
yesterday, early, free, and fair elections are imperative if
Nicaragua is to solve this crisis.
Now, we have called on other elements of the Nicaraguan
Government who have admirably not involved themselves in these
abuses to live up to the hemisphere's shared commitment to
democracy. We admire the many in Nicaraguan public service who
do not allow their professional loyalty to be abused by a
corrupt family seeking to cling to power through brutal means.
As my colleagues have indicated, we have used visa
revocations and restrictions under section 6 of 212(a)(3)(C) of
the Immigration and Nationality Act, to restrict the visas of
people who are responsible for these crimes, and we have--most
recently, used the Global Magnitsky Act. These are the
beginnings of an effort to support the efforts of the
Nicaraguan people through using the tools that you in Congress
have provided us.
Those who continue to collaborate with the Ortega-Murillo
regime in abusing the human rights of the Nicaraguan people and
preventing them from exercising their democratic rights will
find themselves and their families in the same situation as
those who just had their visas and economic activities
restricted. But those who respect human rights and democratic
institutions have our respect, and more importantly, they have
the respect of their own people.
The subcommittee is wise to shine a spotlight on this
crisis brought about by the insistence of one family in
clinging to power through violence. The Nicaraguan people
deserve a government that respects their vote and respects
human rights. This is why we support the dialogue under the
auspices of the Catholic Church, so long as it is aimed at
implementing the call for early, free, and fair elections.
We will work closely with this committee to support the
efforts of the Nicaraguan people to bring about a democratic
end to their suffering.
Thank you, Mr. Chairman.
[The prepared statement of Ambassador Kozak follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
----------
Mr. Cook. Thank you, Mr. Ambassador.
Before I introduce our next speaker, it is somewhat of an
anomaly that 2 days in a row we have a witness from USAID. And
I am delighted, very impressed with my visit down there and
other places. So obviously, everybody on the staff loves you, I
guess.
So, Ms. Feinstein, you are now recognized. Thank you for
being with us.
STATEMENT OF MS. BARBARA FEINSTEIN, DEPUTY ASSISTANT
ADMINISTRATOR, BUREAU FOR LATIN AMERICA AND THE CARIBBEAN, U.S.
AGENCY FOR INTERNATIONAL DEVELOPMENT
Ms. Feinstein. Thank you.
Chairman Cook, Ranking Member Sires, and members of the
subcommittee, thank you for this invitation to testify today
and for holding this hearing at such a critical time.
On behalf of the United States Agency for International
Development, I want to thank the subcommittee for its
unyielding commitment to advancing human rights and democracy
in our hemisphere and for your support of USAID's work in
Nicaragua.
As many of you know, the United States is the only
remaining donor working on democracy, governance, and human
rights in the country. And it is thanks to your support that we
have been able to maintain a crucial lifeline for civil society
organizations, human rights defenders, emerging leaders, and
independent media, all of whom remain under grave attack.
At no time has that lifeline been more critical than in the
last few months, as the Ortega government has sustained a
brutal crackdown against the Nicaraguan people, censoring media
and unleashing a reign of terror against any who challenge its
repression, including the recent brutal attacks against the
clergy as well as Felix Maradiaga.
According to the latest figures, more than 300 people have
been killed since the protests began in April 2018, most at the
hands of the national police, pro-government youth groups, and/
or para-police.
In early June, I had the privilege of joining Administrator
Green in meeting with some of the courageous student leaders,
independent journalists, and human rights defenders who came to
Washington, D.C., to shine a light on the atrocities underway
in their country. We heard firsthand how students are putting
their lives on the line to protest injustice, peacefully demand
their rights, and condemn the killings, torture, and
disappearances of their friends and fellow students.
Human rights defenders spoke of jail sentences and other
threats that both they and their families are facing--
punishment for daring to speak the truth. And journalists
shared stories of the perilous environment within which they
are operating--some murdered in cold blood for chronicling the
government-sanctioned brutality we continue to witness to this
day.
Administrator Green has added his voice to that of Vice
President Pence and Secretary of State Pompeo in condemning the
atrocities committed by the Ortega regime.
USAID commends the bravery of the students, journalists,
human rights defenders, civil society, religious leaders, and
indigenous groups who have united their voices in a call for
justice, rule of law, and a return to democratic order. We also
recognize and respect that any meaningful change must be led by
the Nicaraguan people themselves. This is their movement, and
we will provide appropriate support when requested and
warranted.
Indeed, as this crisis has unfolded, USAID has provided
rapid assistance to scores of civil society groups, human
rights organizations, independent media, and others involved in
peaceful protests.
To ensure reporting of independent and accurate information
at a time when government-controlled forces are systematically
censoring independent media, either through cyber attacks,
destruction of physical infrastructure, online slander
campaigns, or unfounded criminal charges, USAID is providing
critical assistance to journalists from 14 different
independent media outlets. This assistance, which builds upon
longer term efforts to strengthen independent media in the
country, is helping to combat disinformation and disprove the
distorted narrative promoted by the Ortega government.
USAID has also mobilized technical expertise to provide on-
the-spot assistance with digital security for USAID partners
working in civil society and media who have seen an increase in
online attacks, heightened online surveillance, and attempts by
the government to take websites off-line.
To ensure human rights protections, USAID has awarded
multiple, small grants to Nicaraguan human rights and civil
society organizations. These funds are enabling these groups to
provide short-term legal aid for those detained, injured, or
for the families of those killed in the protests. Our resources
are also helping to coordinate and support networks of human
rights defenders, to document violations, and to elevate cases
of human rights abuses to the Inter-American and U.N. systems.
USAID continues to recalibrate our approach to assist those
in need and to position the agency to respond to opportunities
as they emerge.
The United States will continue to respond as appropriate,
and we express our solidarity with the courageous protestors,
journalists, and other democratic actors in civil society
seeking a better future for themselves and their families.
Mr. Chairman, members of the subcommittee, thank you for
shining a spotlight on this crisis and for your commitment to
advancing the freedom and human rights of citizens throughout
the hemisphere.
I look forward to your questions.
[The prepared statement of Ms. Feinstein follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
----------
Mr. Cook. Thank you very much.
I am going to forego my remarks at the time. I am very
pleased with the number of members that we have here. And we
got a busy afternoon, multiple committees, so I am going to
come back later on. But right now, I do want to turn to the
ranking member Sires for his questions.
Mr. Sires. You have to go? Go ahead. I will go after you.
Mr. Smith. Thank you very much, Albio, Ranking Member
Sires.
Mr. Cook. This is the way everybody should get along.
Mr. Smith. New Jerseyans. I am chairing a hearing at 3
o'clock on tuberculosis, so I will have to leave.
But I want to thank, first of all, our three highly
distinguished witnesses who are incredibly effective, just have
done yeoman's work for human rights. And I just want to thank
all of you for what you are doing now, particularly during this
crisis. I do have just a couple of comments and questions, and
I will be brief.
And, Ambassador Kozak, as you said, here we go again. It
was 36 years ago that I first met with Daniel Ortega in
Managua. I went down on a trip. It was Frank Wolf, Tony Hall,
Bob McCune, and I. We met with him and Tomas Borge. It was a
contentious set of meetings. And we brought up one issue after
another with regards to human rights abuse, the systematic use
of torture, and here we go again.
So, you know, it is the same person, Comandante Ortega, as
he even preferred to be called then.
And I guess my first question would be about--and thank you
for those three designations under the Magnitsky Act.
Hopefully, there will be more. And I am sure that is under very
active consideration.
But, you know, as Mark Green and you, Ambassador Kozak,
heard from students just about a month ago, some of those
students who got food and sustenance during their crisis with
the government got sick, fell ill. Because the belief is that
they were intentionally--they ate intentionally tainted food.
When Frank Wolf and I and the other two met with Daniel
Ortega, three of us drank the drink that was given to us by
Daniel Ortega. One did not. Tony Hall did not. He didn't get
sick. We got violently ill for about 14 days.
Can't say for sure, but what a terrible indicator, now
these wonderful students have gotten sick from that. And if you
might want to speak to that, because you know, we know what
Cuba has done to our diplomats. You know, these other ways, you
know, the billy clubs and the torture and the bullets are one
way, and the beatings. Another way is to kill people or hurt
them severely through poison. And, of course, what they do in
Cuba was outrageous.
Secondly, very quickly, the prelates, including the nuncio,
who is an ambassador. And certainly, when you mistreat an
ambassador, that crosses a line internationally. What is being
done, if you could speak to that.
You know, the church over and over again, as we all know so
well, whether it be in DR Congo--and I am going there in about
a month--we see it in South Sudan--the church steps up. It did
it in Nicaragua for so many times, years under Obando y Bravo.
My question is what could be done with regards to our
governance accounts to further fortify the church's incredible
role in mediating and trying to bring peace and reconciliation?
I have many other questions, but, again, having been given
this opportunity to go first because of my hearing, I will
forego that and submit those questions for the record.
Ambassador Kozak. Thank you, Mr. Smith. It is a pleasure to
see you again.
The poisoning issue that you mentioned, unfortunately, I
have seen that in too many places, that it all went to the same
spy school. So I don't have anything specific on this one, but
it wouldn't surprise me. We have seen it before in too many
places.
And, again, there seems to be no respect there for what you
do to diplomats, but more importantly, what they are doing to
their own people.
On the nuncio, I think it would be up to the Vatican to,
you know, make a protest over mistreatment of their envoy.
And Barbara can talk too--but I think we are in a position
to be supportive of mediation efforts. And, you know, if we are
successful and we are trying to plan for success here, if we
are able to get agreement to an early election, you know, there
is a whole string of things that will come with that.
Observers, both international and domestic, reformation of the
electoral machinery and so on. So I think we are very cognizant
of that in trying to set stuff aside.
I would make one request to you and the other members of
the committee, which is, we are getting near the end of the
fiscal year. And the gap we always run into is that, at the
beginning of the year, all money gets frozen, sometimes for
like 6 months while we do all the negotiations. And if we are
lucky enough that we are moving on this, we may be coming back
to you and saying, can we get an early release of funds next
year to try to deal with that.
Mr. Smith. Thank you so very much. I do have other
questions, but I will wait.
Mr. Cook. Thank you, Ambassador.
Ranking Member Sires.
Mr. Sires. Thank you, Chairman.
You know, I am always amazed at the audacity of these
people like Ortega. He goes and puts his wife as vice
president. You have the second poorest country in the region.
He goes and buys $80 million worth of tanks from Russia. I
assume that he is going to turn those tanks on his people.
To me, if anybody continues to deal or work or invest with
this Ortega thug, we have to find a way of stopping that,
because he is just getting richer and richer and richer. I
understand his brother is rich, his wife is very rich, he is
very rich. And I am concerned that it is going to lead to a
civil war in that country again.
They went through a civil war once before, which was really
devastating to the country. I don't know if they ever have
recovered from it. And I am afraid that the way he is behaving,
with the support of some of these other countries, it is going
to head that way.
So what more pressure can we put on this thug from
Nicaragua that we are not doing now? I know that there was $10
million in the budget for Nicaragua. I hope that we don't go
through with that. I hope that we can get the NICA bill through
the Senate. I think that would send a strong message to the
international community not to deal with this thug.
So what else can we do as a Congress here? We have a
resolution condemning the Ortega regime.
Ambassador, can you think of anything else that we can----
Ambassador Trujillo. Thank you for your question. I think
one thing from the multilateral perspective, Representative,
having friends and allies also lend support from a financial
perspective and also from a diplomatic perspective.
Inside of the OAS, we are pursuing a resolution which,
hopefully, we will take up either tomorrow or the following
week. Like all resolutions, it is important for its passage. In
order to receive its passage, we need 18 votes. Without
revealing our vote count here in public, I will be happy to sit
down with you and go over some of the countries that diplomatic
pressure would be very, very important in a multilateral
setting in getting their support.
Getting financial support for the Commission on Human
Rights, having as many people as we can on the ground,
supervising, taking notes of the violations of human rights is
also very, very important.
To date, the missions run about $1.4 million. The U.S.
mission has contributed $500,000, with a willingness to do
more. Unfortunately, a lot of other countries have not
contributed any resource whatsoever to supporting--to
supporting those efforts. And I think acts like the NICA Act
and other bilateral pressure that does exist, the Global
Magnitsky sanctions, individual visa revocations, is something
that could take place.
I think a variety of not only multilateral, but bilateral
pressure, and that combination and that timing, that systematic
approach and that coordination, could really lead to create the
conditions for true, earnest diplomatic solutions to this
problem.
Mr. Sires. Well, I will be happy to work with you on any of
those, because--you know, when you have the killings--and I
understand now they have snipers trying to kill the most active
members of these demonstrations. It seems that they are going
by the same way Venezuela is going. I think they got the idea
from Venezuela. And I wonder where Venezuela got the idea from.
So it is really disheartening that they were going on a
path that everybody was looking up to Nicaragua, and now we are
just taking a step backwards. And sometimes it bothers me that
we don't see this coming here in America. I think that we have
to really start focusing more on the Western Hemisphere and
what is going on in the Western Hemisphere, because every time
we look the other way, Russia seems to be stepping in. You have
seen China to be stepping in. And now, we have places where
Iran is starting to set up these schools throughout the Western
Hemisphere. And I just worry that we are always a step behind
some of these people and some of these countries.
I mean, Ortega was known to be a no-good crook for years.
And yet we have people investing money with the regime,
investing money with the clan from Ortega. You know, it just
boggles my mind that we always seem to be a step behind some of
the things that go on in the Western Hemisphere.
Thank you.
Mr. Cook. Yes.
I would like to recognize the gentleman from Florida, Mr.
Yoho.
Mr. Yoho. Thank you, Mr. Chairman. I appreciate it. I
appreciate the panel being here.
I want to build off of what Albio Sires says, and I agree
with his sentiment that the West, the Western Hemisphere, the
democracy is falling down.
And, Ms. Feinstein, I would like to have from you, what do
we need to do different? I mean, we have invested $194 million
in 10 years in Nicaragua, and a lot of that goes to good
governance. It is obviously not working.
What is the major impediment that you run into when we are
spending the American taxpayers money on what we claim to be
democracy, what they are doing is nothing near a democracy? I
want to know what we have to do on the ground different.
Ms. Feinstein. Thank you, Congressman, for that question.
Ultimately, the solution to what happens in Nicaragua, as has
been the case to this point, and will be the case going
forward, rests with the people of Nicaragua, including the
Government of Nicaragua. And the situation that we are seeing
today is a product of actions taken by Daniel Ortega, by
Rosario Murillo, and the various actions that we are responding
to right now. It is very clear that the responsibility lies
with----
Mr. Yoho. Okay, let me interrupt you there.
Ms. Feinstein. Yes.
Mr. Yoho. Because we agree, Ortega is a bad player. And the
people can't respond because of the form of government he has.
When did we see this starting to deteriorate? And could we have
intervened earlier or done something different, putting more
pressure on the Ortega government, gone in there and maybe
pulled back trade or pulled back support earlier on?
Ms. Feinstein. I would defer to my colleagues in terms of
diplomatic initiatives. I would say, broadly speaking, at this
point in time, and this is also to the ranking member's
question, I think there is an important role that other
countries in the region can also play, and I think that
Congress can have a very important role in leaning on other
actors, including in Central America, in Mexico, in the region,
since instability in this country is not in their interest, in
addition to its economic implications.
I would say at this very point in time, we are well-
positioned, since we have been a lifeline to civil society in
Nicaragua. We have been the only actor in this space in recent
history, which has allowed us to undertake interventions in
four key areas. In human rights, independent media, legal
assistance, and digital security, which are keeping people
alive, allowing them to document human rights violations. And
going forward, as hopefully a greater accountability can be
brought to bear, whether it is within Nicaragua, ideally, one
day, but certainly in Inter-American fora, and in international
fora, the kind of documentation that is taking place on the
ground right now will be absolutely essential to that.
Mr. Yoho. I agree with all of what you are saying, and we
are documenting that, but yet it is getting worse, the whole
situation. And it is not just Nicaragua. It is Honduras. It is
all these other countries. There has got to be a paradigm
shift. We have got to do something different. And we can work
with civil society, but if you have got a corrupt government,
it is not going to change.
What do we have to do? I mean, the only way I can see it
happening is empowering the people to change government,
because empowered people can change government. But if they
don't have the rule of law and the honoring of human rights,
you are never going to have it.
They will tolerate it, the dictators, or the Ortegas of the
world, they will tolerate a certain amount of human rights--if
we come in there and we demand these things, they will tolerate
us with a little bit of that, but they are doing a whole lot of
corruption, and a decay of what we believe as democracy, the
best way to live in the world, free people.
Is there anything else? I mean, where do you begin, I mean,
without changing governments or the people in there? And
certainly, we have been down that road and we don't want to do
that. What about having a coalition of other governments? The
OAS, to have them come in there and put more pressure on them
as an organization, or are they as inept as the U.N.?
Does anybody want to----
Ambassador Trujillo. I think, Congressman, the OAS, from a
multilateral perspective, could put pressure, multilateral
pressure with some of the other countries, but sometimes I
don't feel like that is even enough.
I think if the real problem here is corruption, we need to
attack the individual corrupt actors. Congress, the U.S.
Government has multiple tools in order to attack these
individual corrupt actors. Once you show that these actors
don't have impunity before the law, they have to move those
assets, whether it is----
Mr. Yoho. We have been talking about this for 20, 30 years,
but we are not getting the results. So what was your suggestion
on how do you hold them accountable? Who is going to hold them
accountable, besides the----
Ambassador Trujillo. So I think the Global Magnitsky Act
hold those three people accountable, but we know that they are
not the only ones. There are other people who are stealing and
looting the riches of the Nicaraguan people. They need to be
held accountable. The banks that do business with these
individuals need to be held accountable. These individuals have
the impunity of being able to travel to the United States.
Their visas should be held----
Mr. Yoho. I have got to cut you off because I am out of
time. And I thank you for your time.
Thank you, Mr. Chairman.
Mr. Cook. Thank you very much.
I now recognize the gentleman from York, Mr. Espaillat.
Mr. Espaillat. Thank you, Mr. Chairman, Ranking Member.
Just in a few weeks, our President will be meeting with
Vladimir Putin. Vladimir Putin has long sought to deepen ties
with allies that share a resentment of the U.S. leadership,
both locally in the Western Hemisphere as well as across the
world.
With Nicaragua and Russia increasingly deepening their
relationship, and Russian weapons being used by the Ortega
regime against opposition demonstrators--as was previously
stated by one of my colleagues, Russian tanks were bought--what
are we doing to help our country? What are we doing to help
resolve this situation?
If we have a hunky-dory relationship with one of the main
actors disturbing and creating havoc in Nicaragua, what do you
suggest for our government to do vis-a-vis Russia with regards
to the situation in Nicaragua?
Ambassador Kozak, if you can.
Ambassador Kozak. Thank you for that question, sir. I would
say that I wouldn't characterize our relationship with Russia
as hunky-dory. We have got more sanctions and pressure on them
now than we have had in a long time. Unfortunately, the
relationship between Russia and the Ortegas goes back to the
times we were talking about----
Mr. Espaillat. But I would say our relationship----
Ambassador Kozak [continuing]. The late 1970s.
Mr. Espaillat. I would say our relationship with Russia
right now is better than with NATO, given what transpired in
the last couple of days.
Ambassador Kozak. I am not going to characterize broad
relationships, but I would say, with respect to Nicaragua and
Russia--I happened to be in Nicaragua talking to the Ortegas
when that first report of the sale of the tanks came up, and
asked him about it. He was evasive. In fact, almost lied
saying, oh, no, they were just armored vehicles.
For the life of me, I can't figure out what he is going to
do with $80 million worth of T72 tanks. They aren't very good
at battling your own people in the streets, and he doesn't have
any enemies with tanks.
But the thing that is really hurting that regime right now
is what he is doing to himself. They have effectively destroyed
the economy much better than anything we could have done.
So I think we want to keep warning Russia against
adventurism in this region, just as we are against some of
their bad activities in Eastern Ukraine, Croatia--or Crimea and
in Georgia. But, you know, that is not going to be the solution
to the problem in Nicaragua. The solution to the problem there
is for the Ortegas to step down and get out of the way and let
the country get on with its future. But it is, unfortunately, a
longstanding problem of the Russians providing support to these
kinds of regimes.
I think it is not only founded in the old days, it was
founded somewhat in ideology. Now it is founded heavily in just
anti-Americanism and corruption. These are corrupt oligarchs on
both sides, and it is no good for anybody else.
Thank you, sir.
Mr. Espaillat. One last quick question is, Congress
appropriated $10 million in development assistance to Nicaragua
for fiscal year 2018, although the White House requested zero
funding.
In your opinion, Mr. Trujillo, what kind of resources are
needed on the ground there to help promote democracy? Are there
any specific programs, initiatives that could be funded? And do
you have an idea, a ballpark figure of what kind of moneys is
necessary to keep the process moving forward for these pro-
democratic forces on the ground?
Ambassador Trujillo. Well, Congressman, I think our
immediate concern from the OAS perspective is ground support
for the International Commission on Human Rights and technical
experts that prevent human right abuses.
We know that their request initially was $1.4, $1.5
million. That request, obviously over time as conditions
worsen, will continue to go up. That would be an immediate area
in which the United States could have an influence in
protecting human life.
For a recommitment to democratic institutions, the OAS has
worked on that in the past, but part of that is there has to be
a commitment from the government to engage in the recommitment
to democratic institutions. And that could range from a couple
of million dollars--the OAS had a budget for $30 million--it
could go up into the hundreds of millions of dollars, depending
on how much commitment we have to rebuilding a democratic
institution, an electoral institution, an independent
judiciary.
So it could be extensive, it could be exhaustive, but I
think the one thing we have to focus on is if the government
lacks the willingness to negotiate and to cooperate and to
rebuild the democratic institutions, no amount of money will be
necessary--will be sufficient.
Mr. Espaillat. Thank you. Thank you, Mr. Chairman.
Mr. Cook. Thank you very much. I guess it gives new meaning
to the old saying, a chicken in every pot and a tank in every
garage.
I want to turn to my good friend, the gentleman from Texas,
Mr. Castro.
Mr. Castro. Thank you, Chairman.
The situation in Nicaragua is dire. And I appreciate the
President and the administration's actions in designating
certain individuals in Nicaragua complicit in violence against
civilians under the Global Magnitsky Act.
And in the past weeks, hundreds of civilians have been
killed by the government of Daniel Ortega. Elections are
scheduled for 2021, and President Ortega has denied early
elections. But 2021 is a long time away. And Nicaraguans now
exist in a very hostile political environment.
Are you pressuring the Nicaraguan Government to hold
elections earlier than scheduled?
Ambassador Kozak. Yes, sir. I think as we have all
testified, that is what we have been calling for. We are
standing with the call of the Nicaraguan people for early
elections, as that seems to be the only available option for
solving the crisis.
Nobody is going to be able to reconcile with the regime in
power, and so it is really important for them to get out of the
way and let the country make a future for itself. But, you
know, it is how do you make that happen mechanically. How do
you put enough pressure on the family, basically, to make that
choice and get out of the way.
Mr. Castro. Let me ask you, what American businesses are
very active in Nicaragua? Which ones come to mind?
Ambassador Kozak. It has been a while, but I think Walmart,
you said? Cardel, Walmart. I mean, Walmart was building a place
to sell their products. But, again, I don't know that there is
anything we need to do about that. The deterrent now on anyone
investing anything in that place is the behavior of the
government. They are doing a dandy job of creating sanctions
against themselves, and that is actually increasing pressure on
them. The people in the streets is a huge pressure that is
being generated by Nicaraguan people themselves. The flight of
capital out of the country, the lack of investment, is a direct
reaction to the behavior of the government. And, you know, we
are a supporting player in this and, as we have all discussed,
trying to take the measures that we can with the tools you have
given us.
And just to follow up, I would say why have we not used
Global Magnitsky before? Well, it came into force about a year
ago, and it is a tremendous tool, because it allows us to go
after corrupt and human rights abusing officials in other
countries without imposing sanctions on the entire country. We
are able to be much more targeted, so we really appreciate
that.
Mr. Castro. And let me ask you a question about OAS. As you
know, there has been widespread condemnation in the Americas of
our government's policy of separating young children from their
parents, including at OAS. And, you know, how is this affecting
our ability to deal through OAS on these other issues like
Nicaragua?
Ambassador Trujillo. Thank you, Congressman, for the
question. We did host a hearing on the border issue on the
separation of families, and obviously it was a unique issue
that was addressed at that one particular hearing. Since then,
there has been absolutely no push back.
I think we have realigned with our allies and focusing on
the issues that all of us are concerned about in the Western
Hemisphere, mainly the deteriorating situation in Nicaragua,
also the continuing deteriorating situation in Venezuela. I
have personally had multiple meetings with a host of different
OAS member states, a lot of countries we have traditionally
aligned with, and we are continuing in a very good working
relationship.
Mr. Castro. Good. I yield back.
Mr. Cook. Thank you.
I would like to recognize the gentlewoman from California,
Mrs. Torres.
Mrs. Torres. Thank you, Mr. Chairman. And thank you,
Ambassador Kozak and Trujillo and Ms. Feinstein for being here
with us to talk about the instability in Nicaragua, which has
been very alarming to us and our constituents. I am quite a fan
of the Global Magnitsky Act, and I want to encourage you to
continue to use that, you know, to the extent that we can, in
other regions too, including Guatemala. Some of these very
corrupt individuals, specifically Members of Congress, need to
know that they just can't come to the U.S. to visit Disneyland
when they are treating their people so badly.
I want to talk to you about TPS. I want to talk to you
about the ongoing unrest, and the State Department has told
some of U.S. Government employees and their families to leave
Nicaragua, and are now telling U.S. citizens to reconsider
their travel into Nicaragua. So are you also looking at maybe
getting the Trump administration to reevaluate the temporary
protective status that is requiring some 5,300 Nicaraguans to
return by January 5 of 2019? Has there been any conversations
around that issue?
Ambassador Kozak. I have not been part, but my bureau would
not normally be part of TPS.
Mrs. Torres. But as you are assessing the situation down
there, I am hoping that there would be some commonsense
communication between, you know, the right hand and the left
hand to advise the White House that maybe this is a policy that
we should revisit to send people back to a country that is in
such disarray and civil unrest.
Ambassador Kozak. We can certainly carry your
recommendation back.
Mrs. Torres. Thank you.
Ambassador Kozak. I would make the distinction, though,
that when we draw down the staff in embassies, it is largely
because the Embassy is a particular target.
Mrs. Torres. I understand that.
Ambassador Kozak. It is not just because of generalized
violence in the society, it is a very particular target, and we
are trying to narrow the size of the target for the bad guys to
get at.
Mrs. Torres. I understand, but your safety----
Ambassador Kozak. But we will happily take your
recommendation to my colleagues.
Mrs. Torres. Thank you. And just for the record, your
safety is very important to me also.
Ambassador Kozak. Yes.
Mrs. Torres. Let's talk about the region and the impact
that this instability in Nicaragua is maybe having in Costa
Rica, El Salvador, Honduras, that are already, you know, having
their own issues. Can you talk a little bit about that? What
are you seeing? Are you seeing folks crossing the border into
these countries?
Ambassador Kozak. Yes. My sense is we haven't seen a huge
outflow at this point. Nicaraguans tend to migrate more to
Costa Rica than to the other places.
Mrs. Torres. How can we engage our partners there, Chile,
Costa Rica, some of our, you know, more affluent partners to
help mitigate this situation there?
Ambassador Kozak. Well, I think--and I will turn to my
colleague, and certainly in the OAS, they are being engaged and
engaged bilaterally. I mean, one of the things that is
important, though, that you alluded to in your question is, you
know, up until recently, Nicaragua was sort of the island of
stability, and it was the other countries around, but it was a
false stability. And, you know, we did see this coming, not the
flash point that set off the latest violence, but you could
just see this building up over years that the more the Ortegas
have squashed out any kind of political alternatives to
themselves, they have even split their own movement. The fact
that she was made the vice president over the objections of, I
think, most of the Sandinista Party is pretty apparent. So they
were creating this powder keg all along. It finally got lit off
with the Social Security protest.
But it is concerning, because we have had enough trouble
with the countries that have had instability because of gang
violence and narcotraffickers and so on and now you have got
this to boot.
Mrs. Torres. Thank you. Mr. Trujillo?
Ambassador Trujillo. As far as the migration issue,
Congresswoman, in the OAS context, it hasn't really come up. I
think the one thing we do see in Costa Rica is Nicaraguans who
have some sort of legal recognition trying to adjust that
recognition or trying to extend that recognition, but from a
migration issue of Nicaraguans leaving Nicaragua and either
heading north or heading south----
Mrs. Torres. China--can I ask? Sorry, I only have 15
seconds. China, what are you seeing? We have talked about
Russia, but is China also--what are their activities there in
Nicaragua, and are we concerned?
Ambassador Trujillo. I haven't seen any from my
perspective.
Mrs. Torres. Okay. Thank you. I yield back.
Mr. Cook. Thank you very much.
I am going to recognize the gentleman from Ohio, Mr.
Chabot.
Mr. Chabot. Thank you very much, Mr. Chairman. And I had
two hearings going on here at the same time, so I apologize for
being a little bit late. And if I would ask some of the
questions that have already been asked for that, I apologize.
Although I don't serve on the subcommittee, I am very
interested in the deteriorating situation in Nicaragua, and
have been on the Foreign Affairs Committee for 22 years now and
have chaired the Middle East and the Asia committee, but not
this one.
Over years of corruption and illegal and democratic
behavior, the murderer, Daniel Ortega, has consolidated his
power and uprooted democracy in Nicaragua. Since the latest
crisis began in April, the situation in Nicaragua has pretty
much gone off the cliff, from what I understand. The Ortega
regime has resorted to extreme and disproportionate force to
attack protestors, many of them women. This includes gangs of
pro-government Sandinista thugs used to terrorize and kill
innocent people. Even Nicaraguan bishops were attacked
recently.
So far, approximately, my understanding is approximately
300 people have been killed and anywhere from 1,000 to 1,500 or
more injured. And we must not let this crisis create a trend in
Latin America by allowing Nicaragua to follow the path of
authoritarian governments like Cuba and Venezuela who continue
to squander their resources and oppress their own people.
Lastly, as a cosponsor of H.R. 981, I want to thank
Chairman Cook for his leadership and for a holding markup for
the resolution. I support that passage of that legislation. And
I have been contacted by some folks back in my district who
have family in Nicaragua and have been on the phone with them,
you know, multiple times, sometimes daily over the week, you
know, quite a lot, and religious folks in my district who
support the folks who have family down there and have seen what
is going on firsthand.
And so my question would be initially, and again, having
not had the benefit of having heard everything that you already
said about this, but what is the best thing that our government
can do in working with our folks on the ground there to protect
both American citizens that are there, their families? What
influence, if any, do we have with the Ortega government? What
is happening that I can take back to my constituents to let
them know that we are doing everything possible to help those
folks who really need our help right now?
Ms. Feinstein. Thank you, Congressman, for that question.
Just to let you know in terms of what you can take back to your
constituents with regard to what the U.S. Government is doing
on behalf of the Nicaraguan people. Thanks to the generosity of
this Congress and this committee in particular, we have been a
longstanding presence in Nicaragua working side-by-side,
shoulder to shoulder with civil society there, which is playing
an absolutely critical role in getting out the narrative about
what is going on, including the horrific atrocities that you
have referenced in your testimony. And we think it is important
that a light is shone on that for the people of Nicaragua--to
take away from the distorted narrative that the government is
putting forward, as well as to shine a light on it in the
international community to document the human rights violations
that are going on so that they can be prosecuted at some point
in time.
We are undertaking a series of interventions, as I said,
related to human rights. Also, independent media, legal
assistance to victims and their families who are being brutally
attacked at this point in time, and also digital security as
the government perpetrates a very systematic campaign to try to
delegitimize civil society actors through malign information
that is placed online through pulling down their accounts on
Facebook, Twitter, et cetera. We are providing support to those
actors as well. And I defer to my colleagues to speak to
American citizens.
Mr. Chabot. I would welcome any comments by the other
gentlemen. Mr. Ambassador?
Ambassador Kozak. Thank you. And I would just add, with
respect to American citizens, I would advise your constituents,
stay in close touch with the Embassy. There is a counselor
warden system, so the Embassy is constantly trying to monitor,
you know, what are the danger zones, what are the trip points
and so on and warn people against that. So having that good
communication. Also, there is like a phone tree that they set
up, and you want to be sure that if somebody does get in
trouble, that that gets back quickly to the Embassy.
Yes, we have some influence with them. I think if they were
rational actors, they would understand that messing with
Americans would not be healthy, but, you know, they are not all
rational actors. So it is something people should be very, very
careful, pay very close attention to the warnings and the
advice that the Embassy provides them.
Mr. Chabot. Thank you. And, of course, some of it is, you
know, there are American citizens who have family on the ground
who are not American citizens, so it is not only the American
citizens that I am concerned about or my constituents are, but
it is the Venezuelans who are not necessarily citizens but have
American connections. And being America, we care about not just
Americans but others who are, you know, people who aren't
causing the problems here, which is obviously people outside
the Ortega government. Thank you very much.
Thank you, Mr. Chairman. And thank you for letting me ask
questions even though I am not on the committee. Thank you.
Mr. Cook. Thank you very much.
I am going to recognize Ileana Ros-Lehtinen for questions,
comments, et cetera, et cetera.
Ms. Ros-Lehtinen. Thank you so much, Mr. Chairman. Thank
you to excellent panelists.
Ambassador, is it time we revisit Nicaragua's participation
in CAFTA?
And, Ambassador Trujillo, you were recently in Nicaragua
where you met with Ortega. How will you ensure that Ortega
meets the commitments made on the CEN dialogue, and please tell
us more about the meeting and how it went.
Ambassador Kozak.
Ambassador Kozak. Well, I would say we should be looking
at, you know, all the different points of pressure, but as I
indicated earlier, on anything on the economic side, they are
doing such a good job of harming themselves that, you know,
they almost don't need any help from us. And you need to, you
know, look beyond the Ortegas too as to what you want to see
for the country and the future. But, again, good thought to
take a look at that point of pressure as well as the many
others that we have and see what we can do.
Again, always in the role of we are the supporting players.
We are trying to back the play of the people of Nicaragua
themselves and not to have an agenda of our own. Thank you.
Ms. Ros-Lehtinen. Ambassador Trujillo?
Ambassador Trujillo. Thank you, Congresswoman. In my
meeting, I think the U.S. message is that the violence must
stop immediately. I think before there is any dialogue, before
there is any conversation, you can't have a week in which 20,
30, 40 people perish based on acts of violence perpetrated by
the government. So our message is very clear that the violence
must stop immediately.
I think furthermore, there is a dialogue process, but the
dialogue has to be kept in earnest. And what I mean by that is
that people sit down, but there is no commitment to really
advance an agenda. And in order for an agenda to advance that
leads to a commitment to democracy for the government, there
should be some sort of written game plan that is executed and
which both parties commit to.
So part of our conversation was, besides stopping the
violence and committing to protect the citizens, which is a
fundamental duty of government, there should also be a written
game plan in which all the concern from all sides were
addressed, both parties are bound by that agreement mediated by
the church, and that agreement is further carried out, which
was at first initially well received. Unfortunately, in the
last 2\1/2\ weeks, we have not had a written response as to the
agreement that would create the conditions for real earnest
dialogue. And I think one thing that further deteriorated the
dialogue is when you invite the church to be the mediators of
the dialogue and then you proceed to attack and beat them,
torture them, humiliate them, it makes it very difficult for
them to continue to want to participate.
Ms. Ros-Lehtinen. Thank you, Ambassador Trujillo, and keep
encouraging the OAS to do the right thing in Nicaragua. They
have acted on Venezuela, but very poor when it comes to the
horrific attacks on democracy in Nicaragua. Their silence is
deafening. Yes, sir.
Ambassador Trujillo. Thank you, Congresswoman. And I think
that is changed. June 30 we passed our first resolution to
capture the space. And part of the problem at the OAS is if it
is a difficult conversation, we always default to the path of
least resistance, which is doing absolutely nothing. So just
capturing the space was very important to have the conversation
as to Nicaragua. Since then, we have had a report from the
commission, the International Commission on Human Rights, which
addressed and held the government responsible for the violation
of human rights. We had a follow-up hearing yesterday as to all
the violations in which the majority of the larger population
countries in the Western Hemisphere opined condemning the
government for the violations of human rights, which is a very
important step for people to recognize that Ortega and Murillo
are responsible for the crimes against humanity that are
currently taking place.
And our next step is to pass a resolution condemning the
violence and calling for free, fair, and early elections. That
is the next process that we are currently working on, but I
think just creating a space in which the Nicaraguan people know
that, not only the United States, but the international
community is supporting their cause and is keeping account of
the violators of human rights, and one day we will seek justice
for all those people who violate human rights is a very, very
important message to send, not only to the government, but a
lot of the government actors we are still deciding which side
to pick.
Mr. Cook. Mrs. Torres, one more question.
Mrs. Torres. Thank you so much for the opportunity to do
the followup.
On the Chinese investment in Nicaragua, specifically
related to the canal that they had envisioned, and there was an
agreement that was made, although I understand that in that
agreement, there is no requirement to actually have identified
funding for it. It might not be the Chinese Government, but
there is a Chinese billionaire, people with a lot of money that
are investing in this project. What are you seeing there?
Ambassador Trujillo. Congresswoman, I personally, from the
OAS perspective, have not seen it. I have heard the rumblings
of a competing Panama Canal, but I haven't seen anything.
Obviously, I was only there for less than 24 hours, so I didn't
have the opportunity to see anything specifically related to
that.
Mrs. Torres. My concern again is because it would require a
relocation of many villages and many people within the area
that has been identified around the lakes and rivers that have
been identified for the purpose of building this canal. You
know, this is the time to take advantage of moving those people
by force out of the way, right? Please continue to look out for
those issues as we move forward.
Thank you, Chairman, for the opportunity again.
Mr. Cook. Thank you very much.
I have a couple of quick questions, and I am going to
apologize in advance for speaking up on the OAS, but I am very,
very concerned about the influence of Venezuela on the OAS and
some of the nations that are in close proximity to the
Caribbean. In terms of the voting power, each one of them has
one vote. And I think it is not a secret that some of the
rebates for oil and things like that influence the voting
patterns of certain states, which obviously affects how the OAS
might vote on Venezuela but also Nicaragua. It becomes kind of
a calculus problem in that each state has one vote, and I have
always thought the OAS had a very, very strong influence and I
see this influence being diluted by those things that are
happening.
Ambassador, would you like to comment on that or am I
delusional?
Ambassador Trujillo. Thank you, Chairman. I think that was
the case for many, many years until recently. The last OAS
General Assembly, the United States was able to lead a
resolution on Venezuela that passed 19 to 4, with a few
abstentions. This is the first time in recent history that we
are able to advance a resolution that condemns the government
and that doesn't recognize the elections, the sham elections
that just took place in Venezuela. I thought that was an
important turning point in the U.S.-OAS leadership in the
organization, the ability of the organization to stay relevant
and get things done.
But I think, furthermore, looking forward, we have to
create an alternative, not a financial alternative or a
competing Petrocaribe program, but why is the U.S. a better
alternative than China, than Russia, than Venezuela for the
U.S. interests? And I think it is incumbent upon all sectors of
the U.S. Government to really advocate on why our partnership
is much more important to a lot of these countries than some of
the partnerships that they have sought.
To that end, we have tried to work with some of the other
partners in creating energy alternatives, plugging them into
the right people, whether it is OPEC, whether it is Energy,
whether it is Treasury, and finding ways in which we can help
advance their personal interests and help advance their lack of
reliance or less reliance on some of these foreign actors.
But it is a very challenging environment, and the most
challenging thing is a country with 60,000 or 80,000 people has
the same exact vote as the United States of America. The
country that puts in tens of thousands of dollars has the same
vote as the country who puts in tens of millions. It is a very
challenging environment. Obviously, we are trying to overcome
those challenges as best we can, but I think it is also
important on Congress to stay attuned as to who some of these
countries are, because they oftentimes come and they will vote
one way in the OAS and they will come here to Congress and ask
for unlimited resources and unlimited projects, and sometimes
there is not enough coordination and not enough communication
in which we all know that they have to help advance the U.S.
taxpayer and the American interests.
Mr. Cook. Thank you. The other thing I just wanted to
throw, and it goes back to many, many years ago when you had a
situation in the communist government in Poland, and there was
an individual, a cardinal who went on to Rome. I think we all
know the history, and I think he was the one that the communist
regime at the time feared most for good reason.
And I look at the role of the Catholic church in Nicaragua.
I know it is a very, very strong influence. And I am just
wondering, as a variable, I am not going to preach to the
Ortegas, but I think when they turn against the Catholic
church, strange things might happen.
Any comment on that viewpoint? I say my prayers, I have to,
I am in Congress, but I know a lot of people pray and so----
Ambassador Trujillo. I think, Chairman, that was a turning
point. At least in the OAS, the majority of the countries are
Roman Catholic, predominantly Roman Catholic, and just the
affinity toward the clergy in general and the government's lack
of respect toward the clergy they invited into the dialogue
really sent shockwaves across the organization. I think any
time the government engages in violent acts against the clergy
that is just trying to be a peaceful mediator for college
students and people protesting for freedom and democracy, it is
very, very difficult to overcome. And I think going forward,
the credibility of the government as an institution is always
going to be second to that of the church, especially in
Nicaragua, and it is going to be very, very difficult for them
to navigate that water.
Mr. Cook. Thank you.
First of all, I want to thank our witnesses for speaking
today. I want to thank the members. You know, they are not here
anymore, they are tired of listening to me, but we actually had
a great turnout, considering there is multiple meetings and
things going on, because they know how important this is.
And to our two visitors that have gone through so much,
once again, I underscore your courage for being here, your
inspirations. This is a tough, tough, tough issue, but
obviously, I think you see the bipartisan interest in this. We
are all concerned. And not just from--but the humanitarian
aspects of it and what goes on, and you have to live with it
all the time.
So great panel. I thought we had a great discussion, and
thank you for being here.
So I have to do, pursuant to committee rule 7, the members
of the subcommittee will be permitted to submit written
statements to be included in the official hearing record.
Without objection, the hearing record will remain open for 5
business days to allow statements, questions, extraneous
materials for the record subject to the length limitation in
the rules.
There being no further business, the subcommittee is
adjourned.
Now where do I go?
Thank you again.
We are not done yet for anybody that wants to hang around.
[Hearing adjourned.]
Mr. Cook. The subcommittee will come to order.
Pursuant to notice, we meet to mark up House Resolution
981, a bipartisan measure, condemning the violence committed by
the Government of Nicaragua against its own citizens.
Without objection, the resolution is considered read and
open for amendment at any point, and all members may have 5
days to submit statements and materials for the record.
[The information referred to follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Mr. Cook. I now recognize myself to speak on this measure.
We have just concluded a subcommittee hearing on the crisis
in Nicaragua with administration officials, and we meet now to
consider House Resolution 981 to publicly condemn the Ortega
regime's violent oppression and human rights violations against
the Nicaraguan people.
I am an original cosponsor of this resolution, and I want
to applaud the leadership of Chairman Emeritus Ros-Lehtinen and
the bipartisan efforts of this subcommittee to move this
resolution forward.
I have heard from many Nicaraguans in the United States who
are concerned about the crisis in Nicaragua and the nearly 300
people who have died since the unrest broke out in April.
The continued violence and oppression by the Ortega regime
is reprehensible. Unfortunately, Daniel Ortega and his wife,
Rosario Murillo, have chosen to inflict greater oppression
rather than work through dialogue to achieve a peaceful
resolution to this crisis.
On Sunday, 38 people were killed, making it the deadliest
day in Nicaragua since the protests began. The United States
will not stand idly by while the Ortega regime continues to
oppress its people with impunity.
This resolution condemns the Ortega regime's violence,
supports the Nicaraguan people in their pursuit of democracy,
and calls for more U.S. sanctions. I also believe the United
States should work more closely with the other democratic
partners in the Organization of American States, European
Union, Canada, and the Lima Group to work toward a peaceful
resolution of the crisis.
With that, I will now recognize the ranking member for his
comments on the resolution.
Mr. Sires. Mr. Chairman, I support this resolution, and I
will be speaking more on this resolution when we have the full
committee.
Mr. Cook. Thank you, sir.
Do any other members seek recognition to speak on the
resolution?
Yes, sir.
Mr. Castro. Thank you, Chairman.
I support the resolution condemning the violence and
persecution and intimidation by the Ortega government in
Nicaragua. Let it be known to all that the United States will
stand up to left wing and right wing dictators who oppress
their people, deny people human rights, and stifle democracy.
And I believe this resolution is a condemnation of those
actions by the Ortega government.
I yield back.
Mr. Cook. Thank you, sir.
Any other members wanting to speak?
Are there any amendments?
Hearing no further recognition or request for recognition,
the chair moves the subcommittee favorably report the
resolution to the full committee.
All those in favor, say aye.
All opposed, say no.
In the opinion of the Chair, the ayes have it. The motion
is approved and House Resolution 981 is reported favorably to
the full committee.
With that, no more business, this meeting is now adjourned.
[Whereupon, at 3:37 p.m., the subcommittee was adjourned.]
A P P E N D I X
----------
Material Submitted for the Record
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[Note: No responses were received from the Honorable Carlos Trujillo
prior to printing.]
[all]