158. Telegram From the Embassy in Nicaragua to the Department of State1
6281. For Deputy Secretary Christopher and Assistant Secretary Vaky from Bowdler. Subject: Nicaragua Mediation No. 195: Translation NG Reply.2
1. (C-Entire text)
2. Herewith our hasty translation of NG reply to FAO and Somoza/PLN replies on plebiscite.3
3. Quote
The international commission of friendly cooperation and conciliation for a peaceful solution to the present crisis in Nicaragua, composed of Foreign Minister Ramon Emilio Jimenez of the Dominican Republic, Ambassador Alfredo Obiols Gomez of Guatemala, and Ambassador William G. Bowdler of the United States of America:
4. In view of the acceptance in principal by both the President of the republic and negotiating commission of the GON, on the one hand, and the political commission of the FAO, on the other, of its proposal that the people of Nicaragua should decide by means of popular consultation whether or not General Somoza is to remain office;
5. Interpreting the counter proposal of the President and the Negotiating Commission of the PLN to include in the consultation of the people a proposition for a constituent assembly as a reflection of concern over a breakdown in the constitutional order due to a lack of detailed explanation in point five of the reconciliation proposal presented on November 21, 1978:
6. Considering that the problems afflicting Nicaragua make impracticable and inadvisable a complete constitutional reform, which would run into different interpretations of Article 336 on the one hand, and [Page 417] on the other the emotion sorrow and resentment that recent events have generated, as well as the evident absence of a free political process;
7. In the belief that with partial reforms there can be achieve both confidence in the constitution and support for a government of national unity, and that it is desirable to await the establishment of a government which genuinely represents the popular will before dealing with the delicate problem of a total constitutional reform;
8. Desirous of achieving a democratic and durable peace in Nicaragua, that will contribute to the formation of a government of national unity as quickly as possible that would have as its fundamental objective to move the country along the path of democratization, leading in the near future to a government which will respond to the popular will and set Nicaragua on the road of development on behalf of all its inhabitants;
9. Convinced of the desirability of a constitutional solution and the reconciliation of the ideas that the PLN, the FAO and others active in national affairs have presented on the formation of a government of national unity:
10. Proposes to the government and the FAO the following: First: that the PLN and the FAO enter into direct negotiations on December 7, 1978 under the auspices of the International Commission of Friendly Cooperation and Conciliation and in the presence of representatives of COSEP and the Church, with the aim of reaching agreement on bases in addition to those already agreed to by both sides in the conciliation proposal of November 21. These will govern the holding of a consultation of the people, as well as the formation of a government of national unity, and will be incorporated in the formal agreement between the parties.
11. Second: To hold a popular consultation starting on January 1, 1979 so that the people of Nicaragua can decide whether or not General Somoza is to continue in office;
12. Third: Whatever the result of the consultation of the people, the parties agree to the formulation of a government of national unity on the following basis:
A) If the result of the consultation of the people is favorable to General Somoza, he will preside over the government of national unity and if the result is unfavorable to General Somoza, he is to resign and a joint session of Congress will elect as his successor (Deputy or Senator) not later than May 1, 1979. On that date, in accordance with the Constitution, amended as stipulated in point four of these bases, the Congress will elect a new President proposed by the FAO and accepted by the PLN, for the period of May 1, 1979 to May 1, 1981.
B) To form a Cabinet in the government of national unity made up of one-third members of the PLN, one-third FAO and one-third [Page 418] independents approved jointly by the PLN and FAO. All executive decisions are to be taken by agreement of the Council of Ministers.
C) To reorganize the judicial system by replacing the incumbents, who will submit their resignations to a joint session of Congress, with respected professionals accepted and approved by both the PLN and the FAO.
D) To reorganize the National Guard through the creation of the armed forces of Nicaragua with three branches—army, navy and air force—in accord with a new organized law drawn up by a technical council of National Guard officials named by the Council of Ministers.
E) To create and organize a national police force charged with maintaining public order under the jurisdiction of the Ministry of Government and in accord with a proposal to be presented by a commission of experts.
F) A commission composed equally of representatives of the PLN and the FAO will be created to draft a new electoral law that will guarantee the organization and functioning of the political parties within a framework of democratic pluralism, free elections, effective suffrage based on technical standards and the organization and functioning of an electoral agency free of party pressures.
G) To create, organize and put into operation an independent mechanism of fiscal control that inspires confidence and which, through law and administrative measures, will avoid embezzlement and ensure the proper use of public funds in the interest of the Nicaraguan people and their development.
13. Fourth: The government of national unity will create a special commission, made up equally of representatives from the PLN and the FAO, to draft a partial constitutional reform to bring it up to date, guarantee the effective enjoyment of individual, social and human rights and the institutionalization of the country. The reforms should be in effect no later than the last day of April 1979.
14. Fifth: The government of national unity will present to the Congress legislation to improve social conditions and which are urgently needed for the welfare of Nicaraguans, as well as legislation designed to bring about good state and local administration.
15. The International Commission of Friendly Cooperation and Conciliation believes that this proposal clarifies and complements its original proposal presented November 21. Given the urgency of reaching a peaceful solution to the present crisis in Nicaragua, the commission urges both parties to accept promply.
- Source: Carter Library, National Security Affairs, Staff Material, North/South, Pastor Files, Country Files, Box 34, Nicaragua: 12/1–20/78. Confidential; Niact Immediate; Exdis Handle as Nodis. Printed from a copy that was received in the White House Situation Room.↩
- In a December 4 memorandum to Brzezinski, Pastor summarized telegram 6281 from Managua and noted that the FSLN had issued a communiqué on December 3 that “condemned the mediation effort and called on the FAO to pull out.” Pastor also noted, “we have brought the statement to the attention” of Carazo and Perez “and asked them to counsel the FSLN leadership to remain quiet during this delicate period.” (Carter Library, National Security Affairs, Brzezinski Material, Brzezinski Office File, Country Chron File, Box 35, Nicaragua, 10–12/78)↩
- See footnote 2, Document 157.↩