LETTER TO WILLIAM MIDDENDORF, II FROM WILLIAM J. CASEY

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CIA-RDP89B00423R000400460008-4
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September 6, 1984
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r f wic TRANSMITTAL SLIP 5 September 1984 FROM: erector of African and Latin yyAm R ~o' I BY1eaClquarters !9 REPLACES FORM 36 6 *n FM ' 741 cum v Nc USED. Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 Central Intelligence Agency Office of the Deputy Director for Intelligence DDI- b~ 6 SEP 1984 NOTE FOR: Director of Central Intelligence Attached for your signature is an acknowledgment of Ambassador M ddetdo f'5 In it t , . letter of 15 Augus need for the OAS to monitor Nicaragua ' s ourmmrt in progress -or lack thereof--on to that oche enclosed a copy of his July, address the area, on the topic. Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 Central Intell igence Agar icy Ambassador J. William Middendorf, II Permanent Representative to the Organization of American States Department of State Washington, D.C. 20520 Dear. Bill: DDI 0 7 SEP 04 Thanks for sending me a copy of your address reviewing'Nicaragua's commitments to the OAS. Your direct treatment of the Sandinistas' conduct helps focus hemispheric attention--and pressure--on the regime. As you point out, the lack of support for the Sandinistas in the July debate was significant and suggests success in highlighting the Nicaraguan reality. I look forward to your continued efforts in this regard. We are continuing to track very closely Managua's record in the three areas you cited-.-Human Rights, Civil Justice, and Elections--and the Sandinista government's behavior continues along the-lines you cited in your remarks. Similarly, Managua remains a key player in resupplying the Salvadoran guerrillas and exporting the revolution--although US policies and Salvadoran military operations are, helping to disrupt some of the. Again, my thanks for your material and be assured that I am personally following the Nicaraguan situation as closely as ever. Yours, As/ &u William J. Casey Director of Central Intelligence Distribution: Orig. -- Addressee 1 -- DCI. (w/basic) 1 -- ER (w/basic) 1 -- DDI .(w/basic) 1 -- DDI/Registry (w/basic) 2 -- D/ALA (w/basic) 2 -- MCD (w/basic) DDI/ALA/MCC (6 Sept 84) -ACTION` INFO DATE INITIAL 1 DCf- _. X 2 DDCI:? 3 EXDIN"= 4 D/ICS: DDI X 6 DDA T ' 7 DDOP", 8 DD$&T ,9: Chm[,NIC 11k IG , -~ ; ., i2' !Ciiiim -13 D/Peril ~3_ ,_- 17 AO/DCfi sc g #, T9 77777 A-7 20, 21 22 , t Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 1 Aug V? 84 Approved For Release 2009/03/04: CIA-RDP89B00423R000400460008-4 Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 United States Department of State United States Permanent Mission to the Organization of American States Washington, D. C. 20520 August 15, 1984 Dear Bill: Over the last three years in the OAS, the U.S. Delegation has witnessed a growing disenchantment with the increasingly pro-Marxist Government of Nicaragua. Whereas in 1979 there were many supporters for the incoming regime, today we see more and more its isolation within the OAS which has been caused by the growing realization that the Sandinistas have no intention of living up to the three major commitments that they made to the OAS on July 12, 1979 in a letter to the, Secretary General. These commitments were to establish full .respect for human rights, to enforce civil justice and to hold free elections. In exchange, the OAS took the unprecedented step (never done before and not since) to provide support for the removal of an'established government. This is on our conscience at the OAS, and we have a very real interest in monitoring the progress or lack of progress,. .in these commitments after five years which.is time enough. Last month on the fifth anniversary of these broken commitments, the U.S. Delegation brought out in the strongest possible language the concern that we and all other OAS members must feel about the disingenuous performance of the Sandinistas in failing to live up to these commitments. Indeed, they have moved in the opposite direction by exporting revolution to their neighbors and gradually turning Nicaragua into the standard Marxist-Leninist model under the guidance of the Soviet Union and Cuba. It was significant this year that no one came to the support of the Sandinistas in the debate that followed. . Because of your continuing interest in this region and in the work of the OAS, I thought you might like to have a copy of my remarks. Sincerely-yours, J. William Middendorf, II Ambassador Permanent. Representative r? The Honorable. William J. Casey, t"= Director of Central Intelligence. Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 Current Policy No. 601 Review of Nicaragua's Commitments to the OAS July 18, 1984 United States Department of State Bureau of Public Affairs Washington, D.C. Following is an address by Ambassador J. William Middendorf II, U.S. Perma- nent Representative to the Organization of American States (OAS), before the - OAS Permanent Council, Washington, D.C., July 18,.1984. The U.S. delegation wishes to raise the matter of the solemn commitments made to the Secretary General of this body by the Sandinista junta 5 years ago on July 12, 1979. This is not interven- tion-this is reviewing our own role after commitments made to it by a member state. As a result of these com- mitments and our own OAS resolutions, we brought down a sitting government. Tomorrow will be the fifth anniversary of the date that the junta took effective control of Managua; but, regrettably, very little progress has been made in putting into effect these commitments. . You will recall that these com- mitments were made as a response to the resolution of the 17th Meeting of Consultation of the Ministers of Foreign Affairs of member countries of the OAS. According to Document 25 of this body, published June 30, 1981, this resolution ."for the first time in the history of the OAS, deprived an incumbent member government of legitimacy" when it asked that the Nicaraguan Government be "im- mediately and definitively" replaced. The resolution in question said that a solution to Nicaragua's problems was exclusively within the jurisdiction of the Nicaraguan people but then proceeded to dictate how the problems should be settled. In addition to demanding a sit- ting president's ouster, the resolution: ? Said that a "democratic" govern- ment was to replace the existing govern- ment. Its composition was to include "the principal representative groups which oppose the existing regime and which reflect the free will of the people of Nicaragua"; ? Said that the human rights of all Nicaraguans, without exception, should be respected; and ? Called for the holding of free elec- tions as soon as possible, leading to the . establishment of a "truly democratic government that guarantees peace, _ freedom, and justice." The Ministers of Foreign Affairs went on to urge the member states to take steps that were within their reach to facilitate an enduring and peaceful solution of the Nicaraguan problem. based on these points "scrupulously re- specting the principle of non-interven- tion." They also asked that member states promote humanitarian assistance to Nicaragua and contribute to the social and economic recovery of the country. Many countries responded with an open heart, including my own, with the United States donating $118 million in the first 2 years. I would note that this 17th Meeting of Consultation has never formally ad- journed but only recessed. Given the un- precedented involvement of all of us in the process that brought the Sandinista regime to power, the member nations have a continuing interest-indeed, a responsibility-in monitoring the situa- tion in Nicaragua to see whether or not Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 the Sandinista government has, indeed, carried out the commitments it so solemnly made to us in 1979. It is in this context that I propose to examine the record here today, in order to see exactly what has been happening in Nicaragua since the Sandinista junta assumed power there. Here are the commitments which the junta made to the Secretary General in its letter of June 12, 1979: ? . . our firm intention to establish full respect for human rights.:.. "; ? ". . . our decision to enforce civil justice in our country ... to let justice prevail for the first time in half a cen- tury.... "; and ? " .. call Nicaraguans to the first free elections that our country will have in this century ...... To do justice to the full historical record, there were two other promises contained in the same letter, one which spoke of a peaceful and orderly transi- tion from the Somoza government to the Sandinista junta and another permitting so-called collaborators of the Somoza regime, except those responsible for so- called genocide, to leave the country. But I will concentrate here on the mat- ters of human rights, civil justice, and elections. It should be noted that those who signed for the Sandinista junta were Commandante Daniel Ortega, Violeta de Chamorro, Commandante Sergio Ramirez, Alfonso Robelo, and Moises Hassan. Violetta de Chamorro is no longer a member of the junta, and Alfonso Robelo is in exile in Costa Rica, where he is an outspoken critic of the junta of which he was once a member. Commitment Number One- Human Rights . [O]ur firm intention to establish full respect for human rights.... .. Nothing has demonstrated the callous disregard of human rights by the Sandinista regime so much as their treatment of the Miskito Indians. Ap- proximately 20,000 Miskitos-one-third of the entire Miskito population-have crossed the border into neighboring Honduras thus far, where they live in - refugee camps. They have been victims of the Sandinistas' constant campaigns against them. It all began with efforts by the San- dinista government to try to force the Miskitos into adapting their way of life to a preconceived Sandinista model. Many of these human rights offenses are detailed in a report just released by the. OAS General Assembly on June 4 transmitting a report by the Inter- sermon. Most of the areas close to the American Human Rights Commission Pope were assigned to these militants, dated November 29, 1983. and ordinary Catholics who turned out Miskitos have been forcibly relocated to receive the Pope's blessings were kept from their traditional villages. In a few at a distance. cases where they resisted, they were This is a fitting illustration of how killed. Many were force marched to the the Sandinista government has treated new area and not allowed to take their belongings with them. In other in- stances, the government appropriated their farm animals for itself. On February 18, 1982, the Episcopal Con- ference of Nicaragua, headed by Managua's archbishop, directed a message to the people and Government of Nicaragua denouncing the human rights violations against the Miskitos. The Miskito Indians long ago adopted the Moravian Church as their primary religious institution. The San- dinistas have harassed the Moravian Church, calling some of its ministers "counterrevolutionaries." They have been asked to change their sermons into vehicles of support for the Sandinista revolution. Church services have been interrupted by Sandinista troops looking for so-called counterrevolutionaries. A Moravian hospital, the only one serving a wide area of eastern Nicaragua, was confiscated by the government and turned into a military headquarters, ac- cording to the Miskitos. Many Moravian pastors-out of fear, frustration, or both-have taken refuge in Honduras. Amnesty International, an organization which was highly critical of the previous regime, denounced the Sandinistas in September 1983 for this sort of behavior. Miskito organizations say their villages have occasionally been bombed by Sandinista planes. Efforts have been made to force them to join the San- dinista militia. Presumably for security reasons, some Miskitos who were ocean fishermen have been prohibited from fishing, cutting off their livelihood and the Catholic Church. Another example has occurred in re- cent days with the expulsion of 10. foreign priests from Nicaragua. The ostensible excuse for their expulsion was that they somehow had something to do with a protest demonstration against the house arrest of yet another priest, Father Luis Amado Pena. But a majori- ty of them were not even at the demonstration in question, which, at any rate, was a peaceful demonstration led by the'country's archbishop, the sort of a demonstration which would be routine- ly permitted in any truly democratic country. The Pope, in commenting on this ac- tion, said: "I ask the Lord to illuminate the minds of those responsible so that they may reverse this decision, openly harmful to the church and the needs of the Catholic population of Nicaragua." In recent years, the Archbishop of Managua, Monsignor Obando y Bravo, has not been able to have the traditional holy week services broadcast on radio and television because the government wanted to subject the process to prior censorship, a demand to which the Arch- bishop understandably refused to ac= cede. In a crude ploy, a priest, who is the spokesman for the archbishop and director of the Catholic radio station, was accused of having sexual relations with the wife of another man, stripped naked, and paraded in public where San- dinista mobs jeered at him while govern- ment press photographers and television crews, which "just happened" to be on the scene, took pictures. The program- ming of the Catholic Church's radio sta- tion has been severely restricted. All Marxist-Leninist governments eventually their land as communal property ty of f the though in the case of Nicaragua, a few tribe..The Sandinistas have broken some misguided priests hold high government of these communal holdings up, making positions-and these governments use them property of the state. their institutions to promote atheism. Smaller tribes, such as the Sumo The Sandinistas have attempted to and the Rama, have also suffered similar infiltrate Catholic youth groups, and violations of their human rights at the when this largely failed, they set up hands of this so-called peoples' govern- their own so-called "peoples' church." In ment. November of 1983, all Nicaraguan. But by no means have human rights churches closed for a day in protest violations been limited to indigenous against attacks by Sandinista youth peoples. As you will recall, the Pope, on mobs on numerous churches. his visit to Managua, was treated with ' The Nicaraguan Permanent Commit- unheard-of rudeness. Sandinista tee on Human Rights has itself been the militants set up a parallel loudspeaker victim of Sandinista government ex- system over which they heckled the cesses. The former president of the com- Pope and attempted to drown out his mission, Jose Esteban Gonzalez, made a 2 Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 trip to Italy in 1981 where he denounced the existence of political prisoners in Nicaragua. On his return to Managua, a number of supporters and colleagues came to the airport to receive him. They were never allowed to get near him but instead were roughed up and spat upon by Sandinista mobs. Only the presence of the Venezuelan ambassasdor prevented Gonzalez himself from getting roughed up, but he was arrested a week The current president of the Nicaraguan human rights group, Marta Patricia Baltodano, told the Inter- American Human Rights Commission in May of this year that Sandinista laws have institutionalized the violation of human rights. The setting up of so-called Neighborhood Committees for the Defense of the Revolution are really at- tempts to limit the freedom of the in- dividual Nicaraguan by instituting a con- trol system over the population at the neighborhood level. Freedom of the press also suffers in Nicaragua. The only independent newspaper, La Prensa, has had its publication suspended by the govern- ment on numerous occasions and is sub- ject to prior censorship. On countless days, the paper has been so heavily cen- sored that its editors decided not to publish. A recent example of this happened July 10 when La Prensa attempted to report on the expulsion of the 10 priests, an incident which I have already dis- cussed. Three items-one reporting on the government's cancellation of their residency permits, another on Catholics condemning the expulsion, and a third on the fact that they were allowed to leave carrying only the clothes they wore-were censored. Therefore, the editors decided they could not print the edition for that day. The lack of the right for families to determine how their children will be educated, which we in the United States consider a fundamental human right, has been denounced by the Nicaraguan Parents' Association. The Sandinista government tries to use education to brainwash the young against the ideals of their parents and even to get them to denounce their parents' lack of revolu- tionary zeal to the authorities in some cases. Intellectual freedom and the freedom to belong to independent labor unions are also restricted in today's Nicaragua. The human rights of farmers have suffered from Sandinista agricultural policies. The so-called Economic and Social Emergency Law decreed in late 1981 has made the state the only pur- chaser of farm products. Thus, the farmer can only sell his produce to the government and only at the govern- ment's price. Many small farmers have been ruined by this policy, and Nicaragua must now import some foods in which it was previously self-sufficient. At the same time, a large bureaucracy has been established in order to control all activities of the populace, soaking up money which would normally be available for investment in agriculture. Even the newspaper Nuevo Diario has complained about the amount of money used to support the bloated Sandinista bureaucracy. All of the foregoing demonstrates that the commitment to .. our firm intention to establish full respect for human rights...... has thus far been grossly violated. Commitment Number Two- Civil Justice Let us turn our attention to the second Sandinista commitment to " ... let justice prevail for the first time in half a century .. . Presumably, the Nicaraguan Supreme Court, under the original San- dinista plans, was supposed to have com- plete autonomy in the judicial area, and lower courts would be dependencies of it. The Inter-American Human Rights Commission in 1981, as well as an inter- national commission of jurists, said that the judicial branch in Nicaragua should be independent from the legislative and executive branches of the government, not to mention the Sandinista party. But, in reality, other courts have been established which have nothing to do with the concept of judicial independ- ence as we know it. The Supreme Court has no authority over them. One of them is the so-called Peoples' Court at the neighborhood level. These courts spend their time ferreting out so-called counterrevolutionaries in the neighbor- hood. For example, a neighbor who does not show up for a meeting to promote the Sandinista cause may find himself labeled a counterrevolutionary by one of these courts. The right of habeus corpus in Nicaragua must be questioned. As in Cuba, people who have been jailed for so-called political crimes are often not released when their sentences have been served. New judges owe their jobs to the Sandinistas and are not about to show any independence on the bench. There exists no constitution, as such. There was the Economic and Social Emergency Law of 1981 which in 1982 became the State of Emergency. This State of Emergency has been routinely extended every time it was about to ex- pire. Under this system, all laws are issued by government decree. The State of Emergency does not provide for the right of the individual to a defense in a court of law in some cases and in others suspends the civil rights of the in- dividual. This has been denounced by Amnesty International. Commitment Number Three-Elections So much for Sandinista justice. Let's turn now to commitment number, three, dealing with elections. We see that elections have been scheduled by the Sandinista government for November 4 of this year, 2 days before our own. As we once had high, hopes for the new Nicaraguan Govern- ment 5 years ago, can we now have high hopes that at least this commitment will be fulfilled? This is, in itself, a welcome development, but there are some dis- turbing statements on the record which lead one to question just how open this election process will be. In the letter of July 12, 1979, the Sandinista leaders committed to the OAS to "call Nicaragua to the first free elections our country will have in this century." This was in reply to the resolution of the 17th Meeting of Consultation of the Ministers of Foreign Affairs which had said free elections should be held as soon as possi- ble, leading to the establishment of "a truly democratic government that guarantees peace, freedom and justice." Yet on August 25, 1981, Com- mander Humberto Ortega said that elec- tions would not be to contest power but to strengthen the revolution. On July 7 of this year, less than 2 weeks ago, Commander Carlos Nunez Tellez said on Radio Sandino: The electoral process is the result of a political decision made by the FSLN [San- dinista National Liberation Front], its revolu- tionary leaders, and the government to rein- force the historical popular plan. There is nothing more alien to the electoral process than sectarianism, dogmatism, and other vices that are characteristic of certain so- called democracies. Government spokesmen have said in the past: "There are only two types of Nicaraguans, Sandinistas and counter- revolutionaries." Does that mean that candidates and voters for other parties will automatically be labeled counter- revolutionaries? And what kind of treat- ment will that cause them to receive on the part of the government? The neighborhood control commit- tees are called Sandinista Defense Com- mittees. They have set up an informer society, modeled on the East German plan and with East German agents con- trolling their internal security. They U.S. GOVERNRNNT PRINTING OFFICE: 1984-421-412:10073 3 Approved For Release 2009/03/04 : CIA-RDP89B00423R000400460008-4 have the power to deprive a citizen of his food ration card, for example-a card, by the way, which was never needed in Nicaragua until this govern- ment came along. These Sandinista de- fense committees also control access to schools, medicine, and health care. It is also worrisome that the army is called the Sandinista Army, and other branches of the Armed Forces are simi- larly named. Thus, the security forces are intimately linked with one of the political parties which will be running in the elections-the Sandinista party.' The electoral council which has been set up is made up exclusively of promi- nent members of the Sandinista party. Will they be fair to the opposition par- ties? And will the state of emergency be lifted for the elections? Will the opposition parties be able to campaign without interference by authorities or by Sandinista-sponsored youth mobs? Will opposition parties have equal access to radio and television as com- Bureau of Public Affairs United States Department of State Washington, D.C. 20520 If address is incorrect please indicate change. Do not cover or destroy this address label. Mail change of address to: PA/OAP, Rm. 5815A pared with the Sandinista party? Will they be able to have party represen- tatives at the polls? Will the Sandinistas allow interna- tional observers to move freely about the country during the election process? How will the ballots be counted and how will results be relayed to election head- quarters? We also note that, as time has gone on, the government has arbitrarily con- centrated more and more power in the hands of the Sandinista party. What was once the Government of National Reconstruction is now the Sandinista Peoples' Revolutionary Government. Will the Sandinistas allow this process .to be reversed, or are we in for a sham election in November just before our own general assembly? We have seen how the Sandinistas of Nicaragua have thus far failed to live up to their commitments to the OAS of 5 years ago. It is a shame that the peo- ple of Nicaragua, so hopeful in 1979 that their situation would improve, have seen their revolution betrayed by a group of leaders who have aligned themselves with international communism and whose principal concern has been to maintain themselves in power and, in- deed, to export communism to their neighbors virtually from the day they took over. We in the OAS, which was deeply involved in the process by which the Sandinistas took power, have a grave responsibility to monitor the fulfillment of these commitments. . In June 1979 a respected scholar on Latin America, Dr. Constantine Menges, wrote: "The defeat of the Somoza Army by the Sandinistas will be followed by a Cuban-type process from which the pro- Castro guerrilla leaders will emerge as the only group with real power." Five years after he wrote this, and 5 years after the Sandinistas' commitments to the OAS, it developed that he was pro Published by the United States Department of State - Bureau of Public Affairs Office of Public Communication - Editorial Division - Washington, D.C. - August 1984 Editor: Colleen Sussman - This material is in the public domain and may be reproduced without permission; citation of this source is appreciated. Postage and Fees Paid Department of State STA-501