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INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
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RHEFDIA/DIA WASHINGTON DC
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHDC
RHEHNSC/NSC WASHINGTON DC

C O N F I D E N T I A L SECTION 01 OF 03 MANAGUA 002646 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR WHA/CEN 
 
E.O. 12958: DECL: 12/05/2016 
TAGS: PGOV KDEM KCOR NU
SUBJECT: LEGISLATIVE REFORMS WOULD GIVE FSLN "ABSOLUTE 
POWER" 
 
Classified By: CDA Peter Brennan for reasons 1.4 (b and d) 
 
¶1. (SBU) Summary: National Assembly deputies began approving 
the articles of a law on December 5 that would give the 
Sandinista Front (FSLN) caucus in the 2007-2012 Assembly 
greatly expanded powers, reduce legislative transparency, 
expand the Assembly's overall authority, and increase routes 
for a possible amnesty of convicted Liberal Constitutional 
Party (PLC) leader Arnoldo Aleman.  The reforms to the 
"Organic Law" that governs the National Assembly have been 
widely condemned by the Nicaraguan Liberal Alliance (ALN) and 
constitutional experts.  President Bolanos will likely delay 
implementation of the reforms until the new Assembly and FSLN 
administration take office in January.  In our upcoming 
meeting with FSLN International Affairs Secretary Samuel 
Santos, Charge will raise our consternation over this latest 
turn of events.  Specifically, we will remind him that any 
support for an Aleman amnesty will have negative 
consequences.  End Summary. 
 
¶2. (U) The FSLN and PLC took advantage of the absence of 
ALN-affiliated National Assembly president Eduardo Gomez to 
table a series of reforms to the Assembly's Organic Law that 
strengthens the FSLN, while easing barriers to an amnesty for 
PLC leader Arnoldo Aleman.  A modified version of the 
reforms, which were approved by the Assembly "in general" 
last February, was tabled by PLC deputy Maria Auxiliadora 
Aleman on November 23.  Some PLC deputies balked at the 
revisions, but were quickly brought into line by Aleman, who 
announced on December 4 that the PLC caucus would support the 
changes.  ALN caucus chief Maria Eugenia Sequiera told poloff 
on December 5 that the reforms would give the FSLN "absolute 
power" in exchange for Aleman's freedom.  Several ALN 
officials and a constitutional expert agreed that the changes 
demonstrate a deepening of the PLC-FSLN political pact. 
 
Procedural Changes Strengthen FSLN, Reduce Transparency 
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¶3. (U) The proposed reforms to the Organic Law regard 
procedural changes and modifications that grant more powers 
to the legislature.  The following is a summary of the 
procedural changes. 
 
-- Lower number required for quorum: The proposed reforms 
would allow one-third of the deputies (33) to convoke a 
plenary session of the National Assembly instead of a simple 
majority (47).  Moreover, the Executive Board may establish a 
quorum with four members (instead of six) out of seven -- the 
president would cast two votes in case of a tie. 
 
-- Minority may modify agenda: In addition, the reforms would 
allow a one-third minority to reform the daily legislative 
agenda.  Currently, only the president of the Executive Board 
may create/modify the agenda with the approval of a majority 
of Executive Board members. 
 
-- Executive Board/Commissions formed for 2 1/2 years: 
Currently, Assembly deputies vote to reconstitute the 
Executive Board and Commissions annually.  The proposed 
reforms would establish a 2 1/2-year period for the Executive 
Board and Commissions -- in other words, the composition of 
the legislative bodies would only change once during the 
five-year legislative cycle.  (Note: Some PLC deputies have 
proposed reconstituting Assembly bodies every two years for 
the first four years and again for the last year of the 
cycle.  End Note.) 
 
-- Only caucus chiefs may propose Executive Board candidates: 
According to the new regulations, only the heads of caucuses 
may propose members for the Executive Board, instead of 
allowing any deputy to run.  (Note: Political 
parties/alliances must have four members to constitute a 
caucus.  End Note.) 
 
-- Secret Votes: According to the proposed reforms, the 
Executive Board may agree to conduct secret votes.  In 
addition, the Assembly president may convoke a private 
session "if necessary." 
 
Assembly Increases Authority, Reduces Barriers to Aleman 
Amnesty 
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- - 
 
¶4. (U) The following proposals would grant the National 
Assembly additional powers in a range of areas: 
 
-- Power to summon: Under the proposed regulations, Assembly 
Commissions would have the authority to issue legal summons 
to anyone in Nicaragua (not only public servants) and 
possibly denounce that person before the Public Ministry. 
The Commission would not be required to reveal sources. 
 
-- New routes for amnesty: According to the new rules, 
virtually any NGO or family member of a convicted person 
(such as Arnoldo Aleman) could introduce an act of pardon for 
that person to the National Assembly's Commission for Human 
Rights.  The Commission will have the authority to grant 
amnesty without requiring a majority vote in the Assembly for 
a range of crimes, which include Aleman's convictions. 
 
-- Power to formulate national budget: Under current 
regulations, the executive branch formulates the national 
budget before passing it to the legislature for approval. 
The new rules would transfer this authority to the Assembly. 
 
Constitutional Law Expert Criticizes Proposal 
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¶5. (C) On December 4, constitutional law expert Gabriel 
Alvarez publicly criticized the proposal, unequivocally 
dubbing it "unconstitutional" for allowing a minority in the 
National Assembly to convene the plenary.  (Comment: Any 
legal challenge to the reforms based on constitutionality 
will not likely bear fruit in the corrupt, pact-controlled 
court system.  End Comment.)  Alvarez called the reforms 
"evidence of the strengthening of the PLC-FSLN pact," and 
noted that the changes appear to principally benefit the FSLN 
caucus, which is the only group capable of mustering 33 votes 
without the support of another caucus. 
 
¶6. (U) Alvarez also criticized the proposal limiting 
Executive Board nominations to the heads of the caucuses.  He 
indicated that this change will give the caucus chiefs even 
more influence over their members and fortify the system of 
political solidarity (versus conscience voting). 
 
ALN Denounces Reforms 
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¶7. (U) ALN head Eduardo Montealegre and ALN deputies Maria 
Eugenia Sequiera, Delia Arellano, and Jorge Matamoros 
strongly denounced the proposed reforms for strengthening the 
PLC-FSLN pact.  Montealegre publicly denounced that the PLC 
would deliver more power to the FSLN in exchange for an 
amnesty for Aleman.  Matamoros added that the FSLN is looking 
for a mechanism to free Aleman without paying a political 
price. 
 
¶8. (C) Sequiera, currently the head of the ALN caucus, 
accused the PLC and FSLN of plotting to shut out the other 
political parties with an agreement to swap control of the 
Assembly.  During a conversation with poloff, she commented 
that allowing one-third of the deputies to convene the 
plenary would give too much power to the FSLN and "create 
political chaos and instability."  Sequeira also labeled 
"dangerous" the Assembly's new power to summon private 
citizens without revealing witnesses and strip deputies of 
the right to run for Executive Board positions individually. 
When asked why ALN deputy and current Assembly president 
Eduardo Gomez did not block the vote, she responded that 
Gomez is currently on a trip to Japan and will not return 
until the end of the week. 
 
¶9. (C) Arellano confirmed to poloff that the FSLN and PLC 
took advantage of Gomez' absence to bring to the floor a 
"flawed" law that serves to facilitate an Aleman amnesty. 
She commented that ALN representatives will speak to 
President Bolanos to ask him not to sign the law to delay its 
implementation.  (Note: Bolanos has the power to delay 
implementation until the next administration takes over in 
January.  End Note.) 
 
FSLN: Reforms are Necessary to Modernize Assembly 
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¶10. (U) FSLN Deputy Walmaro Gutierrez, a member of the 
Modernization Commission and a key author of the reforms, 
stated publicly that the reforms are necessary to improve the 
functioning of the National Assembly by streamlining basic 
procedures.  Gutierrez supported the lengthening of the 
Executive Board and Commission terms by claiming that longer 
terms would provide greater stability and continuity.  In 
addition, he said that the reforms would "more effectively 
link voters with the Assembly." 
 
Comment: The Pact Continues 
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¶11. (C) Despite Gutierrez' justifications, many of the 
reforms to the Organic Law are a clear indication of a 
deepening pact -- the FSLN and PLC continue to run the 
country for the benefit of their parties.  The changes make 
the Assembly less democratic and more opaque by giving a 
minority caucus more power at the expense of consensus, 
allowing for secret votes, and restricting the rights of 
individual members to operate outside of the party leadership 
structures.  The reforms regarding the amnesty provisions 
blatantly favor Aleman.  We will continue to track the 
progress of this legislation.  In our upcoming meeting with 
FSLN International Affairs Secretary Samuel Santos on 
December 7, Charge will raise our consternation over this 
latest turn of events, and if the law passes, urge Ortega to 
veto the articles allowing for easy amnesty and the provision 
allowing secret voting.  Specifically, we will remind the 
FSLN that any support for an Aleman amnesty will have 
negative consequences. 
BRENNAN