AMBASSADOR MEETS WITH SANTOS ON BILATERAL ISSUES

C O N F I D E N T I A L SECTION 01 OF 02 MANAGUA 001275 SIPDIS STATE FOR WHA/CEN, OFM, DRL NSC E.O. 12958: DECL: 10/16/2018 TAGS: PREL PHUM AMGT KREC NU SUBJECT: AMBASSADOR MEETS WITH SANTOS ON BILATERAL ISSUES AND DEMOCRACY CONCERNS REF: MANAGUA 1183 Classified By: Ambassador Robert J. Callahan, reasons 1.4 (b) and (d) ¶1. (C) On October 13, Ambassador met with Foreign Minister Samuel Santos to express concern over a series of GON actions that appear to be targeted at the Embassy, including continued refusal to issue a tax exemption letter for gasoline taxes and a new rule that revoked airport access badges. Santos replied that the Foreign Ministry (MINREX) is studying the tax issue and reported that he had spoken with the Finance Minister to seek a resolution. On the airport badges, Santos agreed to seek additional passes for the Embassy, but noted that the final decision is in the hands of the Airport Administration. Ambassador also expressed concern over the harassment of civil society, especially the International Republican Institute (IRI) and the Prosecutor's Office's request for IRI's financial records for the last five years. Santos presented a letter from the Prosecutor granting a two week delay in IRI's case, but emphasized that IRI had violated its agreement with MINREX and Nicaraguan law in its "partisan" activities. He further asserted that the Embassy continued to fund groups seeking to undermine the Ortega government. When pressed on the Ortega Government's view on what is democracy, Santos retorted that democracy means "compliance with the law," an ominous note for the future of Nicaraguan civil society. End Summary. TREATMENT OF U.S. EMBASSY -- GASOLINE TAX AND AIRPORT BADGES -------------- -------------- ¶2. (C) Ambassador expressed concern that the continued anti-American rhetoric, Santos' implicit support in his UNGA speech for the independence of Puerto Rico, attacks on NGOs and new obstacles to the Embassy's ability to conduct its daily operations reinforce the view that there is a policy of hostility by the Ortega administration towards the USG. It remains the USG's desire to avoid conflicts with the GON and to resolve differences amicably, yet the GON's words and actions are making that effort more difficult. ¶3. (C) Ambassador raised the Nicaraguan Government's continued refusal to provide an exoneration letter to Chevron exempting the Embassy of payment of taxes for gasoline purchases. The continued failure of the GON to comply with its Vienna Convention requirements could cost the Embassy an estimated USD 40,000 per year. In addition, Chevron is seeking payment of back taxes, under pressure from the Ministry of Finance, for the last ten years worth approximately USD 300,000. Ambassador emphasized that the GON's obligations are clear and that Nicaraguan diplomats in the U.S. would be treated on a reciprocal basis if the exoneration is not provided in a timely manner. Santos replied that he is aware of the issue and has raised it with the Finance Minister. MINREX is studying this issue in further detail, but noted that the issue is complicated because only the U.S. Embassy is seeking exoneration from the gasoline tax. ¶4. (C) Ambassador also called Santos' attention to a recent change in procedure by Managua airport authorities to cancel all existing airport security passes and, after nearly a month's delay, the issuance of a new ruling that permits only three passes per mission to be obtained on a daily basis. The new rule only permits use of the day badges for picking up diplomatic pouches. The effect of this new rule will be borne disproportionately by the U.S. Embassy, as we have the largest mission and therefore need more than three badges. Further, limiting their use to the diplomatic pouch only could inhibit our ability to facilitate military and humanitarian cooperation, a planned upgrade of the airport security camera system, and prohibit our ability to enter the airport to facilitate visits by officials. Santos responded that he was aware of the change and understood the Embassy's concerns and the impact the new rule could have. As the new rule was an administrative matter and did not involve a law, he reported it might be possible to obtain more passes for the Embassy and promised to look into the issue further. (Note: Embassy will submit a formal request via diplomatic note requesting additional passes for the Embassy. End Note.) FSLN VIEW OF DEMOCRACY -- COMPLIANCE WITH THE LAW -------------- -------------- ¶5. (C) Turning to the GON's ongoing campaign against civil society, Ambassador expressed our deep concern about the treatment the resident director of the International Republican Institute (IRI) had received when he appeared before the Prosecutor on October 10 and was ordered to present the past five years of IRI's financial records by October 13 or face arrest on contempt of court charges. The cumulative effect of these actions against NGOs has been to create a climate of fear and will likely draw further negative attention from the international community. Santos proudly announced that, in response to the Ambassador's earlier request, the Prosecutor's Office had granted a two week delay in IRI's case, to allow them additional time to collect the requested documents. However, he asserted that IRI had violated its agreement with MINREX by inviting speakers, including former Mexican President Fox, without advance notice to MINREX and in pursuing unspecified "partisan" activities. Santos complained that the U.S., at one level, wants to talk with and engagethe GON while quietly "financing groups that seek to destabilize" the government. ¶6. (C) When pressed for what the FSLN's view of democracy and the role of civil society is, Santos replied democracy means "compliance with the law." The Ortega government, he explained, is in the "process of making the country comply with the law." Previous governments had not applied the law and "abuses" were made by NGOs and government officials. Now the FSLN will bring order to the country. The NGOs that are facing hearings, such as Carlos Fernando Chamorro's Center for Investigations and Communiactions (CINCO) and Sofia Montenegro's Autonomous Women's Movement (MAM),failed to present their financial records, are in violation of the law, and are "in clear rebellion." We will give civil society space, he warned, but there must be clarity in the source and use of funding and respect for the law. In conclusion, he added, it is impossible to talk of democracy in Nicaragua "when a majority of the country is ignorant," referring to Nicaragua's high illiteracy and poverty rates. Ambassador responded that there are many examples of countries with poverty and development challenges that have strong democracies as well as countries with nearly 100 percent literacy, such as Honecker's East Germany (whose widow was the national Order of Ruben Dario award in July in recognition of her husband's support for the Nicaraguan people),Ceaucescu's Romania and Castro's Cuba that were ruled by some of the world's most ruthless dictators. Ambassador emphasized that there must be space for civil society, that the USG would remain transparent in our use of funding to support civil society, and that the international community will watch to see whether the law is applied impartially. COMMENT -------------- ¶7. (C) The Nicaraguan Government continues to assert that it is simply applying "the law" in its ongoing campaign of harassment of civil society, opposition political parties, and even the Embassy's daily operations. We have emphasized in our response to the GON that it is the interpretation and selective application of the the law that is most worrisome to the international community. It is clear that the law is not applied impartially but rather remains a tool to be used at the Ortega government's convenience to excuse its actions or repress its foes. We will continue to press the GON on both the gasoline tax and airport badge issues but expect more problems like these to surface in the future. CALLAHAN