MOTION FOR A RESOLUTION on Nicaragua
24.11.2009
pursuant to Rule 122 of the Rules of Procedure
Charles Tannock, Edvard Kožušník, Ryszard Antoni Legutko, Tomasz Piotr Poręba, Michał Tomasz Kamiński, Ryszard Czarnecki, Adam Bielan on behalf of the ECR Group
See also joint motion for a resolution RC-B7-0174/2009
B7‑0175/2009
European Parliament resolution on Nicaragua
The European Parliament,
– having regard to its previous resolutions on Nicaragua, in particular that of 18 December 2008 on the attacks on human rights defenders, civil liberties and democracy defenders in Nicaragua,
– having regard to the Political Dialogue and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, of 15 December 2003 and to the Framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama,
– having regard to the reports of the EU expert team on the municipal elections of 9 November 2008 in Nicaragua,
− having regard to the negotiations under way for the signature of an Association Agreement,
– having regard to Rule 122(5) of its Rules of Procedure,
A. whereas in Nicaragua it is not currently possible according to the Constitution (a clause from the 1995) to run for a second consecutive presidential mandate and that in this sense President Ortega is trying to bypass an article in the Constitution, illegally, to allow him to run for a second mandate in 2011,
B. whereas the only the legislature is allowed to pronounce on the constitutional reform, where the actual governmental party does not have the necessary 2/3 majority;
C. whereas on 19 October the Supreme Court of Justice met during the night, without the presence nor the invitation of 3 out of the 6 titular magistrates, who where replaced by 3 Sandinista judges, who declared unanimously unenforceable the article 147 of the Constitution concerned,
D. whereas all the opposition political parties represented in the National Assembly, as well as, many civil society associations, jurists and NGOs rejected this judicial decision as illegal,
E. whereas Liberal International delegation during its visit to Nicaragua has been recently threatened and insulted and its President even expelled from Nicaragua by Sandinista authorities,
F. whereas there have been a deterioration of democracy in Nicaragua after the alleged fraud in the last local elections, the attacks and acts of harassment which have been inflicted on the human rights organisations and their members as well as on journalists and media representatives, by individuals, political forces and bodies linked to the state authorities,
G. whereas the European Union should exercise greater control over the use of funds given to Nicaragua for development projects, in order to make sure that none of the money from these funds fall in Sandinista hands,
1. Condemns the constitutional changes that supposes the infringement of the constitutional order in Nicaragua as a result of the legally questionable tactics by the government using Sandinista judges of the Supreme Court of Justice,
2. Considers that Mr. Ortega's attitude reflects very little understanding and respect for democracy and the rule of law and the exercise of basic fundamental rights such as the freedom of expression and political action,
3. Supports all those in Nicaragua who are against the violation of the constitutional order perpetrated by the Sandinista authorities and demands its urgent reestablishment and the annulment of the mentioned decisions,
4. Condemns and regrets all threats, insults and intimidation received by the members of the Liberal International's delegation and manifests solidarity towards its members,
5. Regrets deeply the way in which the local elections of 9 November 2008 were conducted - government manoeuvring to disqualify opposition political parties; numerous irregularities of polling, allegations of election fraud and refusal to accredit independent, foreign and local, election observers,
6. Recalls that in the negotiations on the Association Agreement between the European Union and the countries of Central America Nicaragua must be reminded of the need to respect the principles of rule of law, democracy and human rights, as defended and promoted by the European Union,
7. Instructs its President to forward this resolution to the Council, the Commission, the Euro-Latin American Parliamentary Assembly, the Government and Parliament of the Republic of Nicaragua and the Supreme Court of Justice of Nicaragua.