187. Telegram From the Embassy in the Dominican Republic to the Department of State1

127. For Asst. Sec. Vaky from Bowdler. Subject: Nicaragua Negotiation No. 289: English Text of Proposed Reply to PLN Counter-Proposal.

1. (Confidential-Entire text)

2. Following is our hasty English translation of proposed NG response to PLN counter-proposal contained Santo Domingo 0121:2

Begin text:

The International Commission of Friendly Cooperation and Conciliation acknowledges receipt of the communication from the Negotiating Commission of the PLN of December 26, 1978, to which is attached a counter-proposal to the agreement (Acta-Compromiso) suggested by the International Commission.

The International Commission, meeting in Santo Domingo, has given careful consideration to the counter-proposal and observes with satisfaction that it accepts some of the points of its proposal of December 203 which reduce differences between the parties and holds forth the hope that a peaceful solution of the political crisis through which the people of Nicaragua are passing can be reached.

After detailed study of the document, and taking into account all the factors at play, practical as well as psychological, in the Nicaraguan [Page 484] situation, the International Commission finds that the plebiscite provisions of the counter-proposal of the PLN have basic elements which the Commission anticipates will make it unacceptable to important sectors of the country whose support is indispensable if a peaceful solution to the nation’s political crisis is to be achieved.

In the evaluation of the Nicaraguan situation, following extensive consultations with all sectors of the nation, there emerged two fundamental problems which need to be overcome in order to obtain an agreed solution:

I. A deeply and widely held belief by significant sectors of Nicaraguan opinion that the central issue of the present crisis is whether President Somoza should continue in power and;

II. A profound distrust by these sectors in the traditional electoral processes of the country.

The principal aspects of the PLN plan on the plebescite which cause serious concern are among others, the following:

A. The phrasing of the question in a complicated way which does not clearly convey what the basic issue is, and which may therefore not be understood by large segments of the electorate;

B. The use of a system of prior registration of voters and the existing system of voting districts and polling places that in present circumstances the opposition believes would serve to inhibit the free expression of opinion;

C. The elimination of various measures proposed by the International Commission with regard to the National Guard and local authorities that if not retained would likewise, in the view of many Nicaraguans, work against achievement of an appropriate atmosphere for the plebiscite.

Nevertheless, the International Commission finds that with regard to the mechanism for conducting the plebiscite the concept of a special National Plebiscite Authority (NPA) is one which warrants careful consideration by the parties, provided that the Authority is carefully and systematically supervised and monitored by the Plebiscite International Authority (PIA).

In the opinion of the International Commission it would be important, in order to establish public confidence and acceptance of said Authority, for the parties to agree to the following delineations of responsibility between the NPA and the PIA:

—The PIA Executive Director should have the right to participate in all the deliberations of the NPA, and his representatives at the departmental and cantonal levels should have the same right.

—The PLN and FAO, with the assistance of the PIA Executive Director, should prepare the guidelines under which the NPA is to operate including the location and number of polling places.

[Page 485]

—In the event that the PLN and FAO representatives are unable to agree on the choice of a third Nicaraguan citizen to preside over the national and departmental councils and cantonal directorates, the PIA representative will make the selection of the person by lot from a single list of three candidates previously agreed upon by the PLN and FAO.

—Once the ballot design has been approved by the parties, with the concurrence of the PIA Executive Director, the printing and distribution to the voting places for election day of the numbered ballots should be handled by the PIA Executive Director and his representatives, and the count, certification of results and transportation of ballots, used and unused, to Managua will also be the responsibility of the PIA representatives with the participation of the PLN and the FAO.

On the other hand, the International Commission considers that its proposal of December 20, amended in relation to voting authorities as noted above, does offer—without any appearance of possible violation of national sovereignty or dignity—a reasonable and workable solution that can receive the support of all Nicaraguans.

The International Commission, therefore, in commending to the parties agreement on the mechanism of the NPA and PIA as described in preceding paragraphs, reiterates all other aspects of its proposals contained in the proposed agreement of December 20.

The commission hopes that, considering the need of the Nicaraguan people for a democratic, peaceful and lasting solution of the present crisis, the President of the republic and the PLN, conscious of the grave responsibility and consequences of a negative response, will accept as soon as possible the foregoing as a basis for reaching an agreement with the FAO, to which a copy of this communication is being sent for consideration and reply.

The International Commission which is meeting in Santo Domingo to draw up a report to their governments for the 17th meeting of consultation of Foreign Ministers, looks forward to a prompt reply from the PLN and FAO.

If these replies are affirmative, as is hoped, the International Commission will be ready to return to Managua to make the necessary adjustments that are agreed upon and to proceed to the signing of the agreement. End text.

Yost
  1. Source: National Archives, RG 59, Office of the Secretariat Staff, Records of the Office of the Deputy Secretary, Warren Christopher, Lot 81D113, Box 22, Human Rights—Nicaragua IX. Confidential; Niact Immediate; Exdis.
  2. Telegram 121 from Santo Domingo, January 8, included the Spanish-language text of the proposed Negotiating Group reply to Somoza and noted Jimenez’s “strong reluctance” both to amend the Negotiating Group’s reply and travel to Managua. (National Archives, RG 59, Central Foreign Policy File, P850011–1414)
  3. See footnote 3, Document 169.