ALN BLOCKS SOME PROBLEMATIC ELEMENTS OF

C O N F I D E N T I A L SECTION 01 OF 02 MANAGUA 002652 SIPDIS SIPDIS DEPARTMENT FOR WHA/CEN E.O. 12958: DECL: 12/06/2016 TAGS: PREL PGOV PINR KDEM NU SUBJECT: ALN BLOCKS SOME PROBLEMATIC ELEMENTS OF LEGISLATIVE REFORMS REF: MANAGUA 2646 Classified By: Charge d'affaires Peter M. Brennan. Reasons 1.4 (B,D). ¶1. (SBU) Summary: The Nicaraguan Liberal Alliance (ALN) partially succeeded in minimizing the effects of a ways and means law supported by "pacted" Sandinista National Liberation Front (FSLN) and Liberal Constitutional Party (PLC) caucuses (Reftel). Vigorous ALN lobbying efforts prompted the removal of some of the most egregious articles of the "Organic Law" -- including a provision tailor-made to facilitate amnesty for PLC caudillo/convicted money launderer Arnoldo Aleman. However, the provision allowing for a secret vote remains, as does the legislature's new authority to summon Nicaraguan or foreign entities or individuals to appear under oath before the Assembly, or face legal proceedings that could lead to incarceration. ALN caucus president Maria Eugenia Sequeira seeks more assistance to help the ALN prepare its new lawmakers and to enable the ALN and civil society counter the machinations of the FSLN-PLC pact in the Assembly. End Summary. AMNESTY PROVISION SQUASHED - - - - - - - - - - - - - ¶2. (C) ALN caucus president Maria Eugenia Sequeira related to polcouns on December 6 that the ALN was partially successful in its efforts to minimize the effects of a ways and means law that was supported by the "pacted" FSLN and PLC caucuses (Reftel). She recounted how vigorous ALN lobbying had led to the removal of some of the most egregious articles of the "Organic Law" -- including articles 156-157, which would have allowed the Human Rights Commission to grant amnesty without requiring a majority vote in the Assembly for a range of crimes -- a provision tailor-made to facilitate amnesty for PLC caudillo/convicted money launderer Arnoldo Aleman. WHILE ALN RAISES THE BAR ON SOME OF THE PROCEDURAL CHANGES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ¶3. (SBU) According to Sequeira, thanks to ALN efforts, the vote thresholds were raised on a number of the procedural changes: -- Convocation of plenary sessions (Article 8): The threshold to call for a special plenary session was raised from the proposed 33 deputies to a simple majority of 47. -- Nomination of Executive Board candidates (Article 34): The provision stipulating that only the heads of caucuses may propose members for the Executive Board (instead of allowing any deputy to run) was removed. --Removal of Executive Board members (Article 38): The threshold required to remove a member of the Executive Board was raised from 33 votes to a simple majority of 47. BUT SOME DRACONIAN MEASURES REMAIN - - - - - - - - - - - - - - - - - - ¶4. (C) The ALN did not succeed in all of its efforts to dampen the bill, however. Most disconcerting was the Assembly's approval of a provision allowing the Executive Board to conduct secret votes and Article 53, which grants Assembly authority to issue legal summons to Nicaraguan or foreign entities or individuals to appear under oath before the Assembly. Failure to appear could lead to the Public Ministry's conducting of legal proceedings against the person or entity and possibly incarceration. Terming the Assembly's new summons authority "a totalitarian inquisition," Sequeira mentioned she had raised her concerns with the Spanish Ambassador, who at first did not appear alarmed by the new measure. He first commented to Sequeira that his embassy officials enjoy immunity and many countries have similar provisions on their books. However, after Sequeira reminded him that Spanish investors and other Spaniards without diplomatic immunity would be subject to the partisan whims of the Assembly, he reportedly conceded that the Assembly could abuse this new authority to coerce foreigners. MIXED REVIEWS ON MODIFICATIONS OF ARTICLE 40 - - - - - - - - - - - - - - - - - - - - - - ¶5. (SBU) Sequeira reported that the Assembly decided to lower the threshold required for deputies to modify the daily legislative agenda from 33 votes to only 20. While on the one hand, the lower threshold would allow the ALN caucus to propose changes to the agenda, Sequeira personally believes changes from the floor should require the simple majority of 47 votes. LAW REQUIRES PRESIDENTIAL SIGNATURE - - - - - - - - - - - - - - - - - - ¶6. (SBU) Regarding the debate over whether or not the new law requires the Executive's signature, Sequeira clarified that because it is a law, President Bolanos must sign it for it to go into effect. She explained that the previous Assembly regulations did not require the Executive's signature because they were merely internal guidelines that did not give the Assembly the powers the new law will accord it. DIRE NEED FOR LEGISLATIVE EXPERTISE - - - - - - - - - - - - - - - - - - - ¶7. (C) Sequeira attributed some of the ALN's lobby success to the expertise of constitutional lawyer Gabriel Alvarez, noting that IRI had helped cover his honoraria. She said that the ALN will require additional legislative expertise to help it train new lawmakers and counter the machinations of the FSLN and PLC in the Assembly. Polcouns urged Sequeira to continue raising these valid concerns with the media and to seek support from the OAS, Carter Center, EU, as well as civil society. COMMENT - - - - ¶8. (C) Sequeira will provide us a copy of the law with its revisions once she obtains it. On December 6, Carter Center representative David Dye told poloff that the Carter Center is disturbed by several elements of the new law, especially the ability for the Assembly to conduct secret voting -- a provision that will relieve lawmakers of any accountability to their constituencies and which could shelter the "guilty parties" in any amnesty vote for Aleman. We will continue to raise our concerns with other embassies and domestic and foreign civil society leaders. BRENNAN