Foreign Relations of the United States 1977–1980; Volume XV; Central America, 1977–1980

62. Telegram From the Department of State to the Embassy in Nicaragua¹

Washington, September 28, 1977, 2200Z

233707. Subject: FY 77 FMS Security Assistance Agreement. Ref: Managua 4419,² Matthews/Solaun Telecon September 28.³

1. The Acting Secretary has decided to proceed with signing FY 77 FMS Security Assistance Agreement with Nicaragua. Nicaragua Ambassador Sevilla-Sacasa was orally informed 12:15 p.m. September 28 and presumably has notified GON. He anticipated acquiring necessary formal authorization and deposit to enable him to sign by September 30 deadline.⁴ Point D below was emphasized to Sevilla-Sacasa when he was informed of decision.

2. Ambassador is instructed to convey to GON ASAP fact that we are willing to sign along with following oral demarche. If Embassy feels demarche should be modified in content, please consult prior to delivery.

A. Decision to sign was made in view of diminution of charges of serious human rights abuses by the National Guard over the past months and particularly in view of termination of state of siege, with consequent restoration of the rights of habeas corpus and outdoor assembly, restoration of civil court authority and termination of censorship.

B. USG is pleased that GON has taken these actions. These are continuing concerns, however, and our relations will obviously benefit from further improvement, and from GON’s ensuring that any remaining basis for charges of human rights violations such as mistreatment of prisoners and abuses by the National Guard is eliminated and/or does not recur.

C. The GON may also wish to consider the advisability of a specific early invitation to such internationally recognized bodies as the Inter-American Human Rights Commission to visit and investigate. Such invitations to the IAHRC have been extended by the U.S. and several other countries of the Hemisphere.

D. The GON should be aware that, as is the case with all countries with which the United States has a security assistance agreement, the implementation through purchase and delivery of specific items under the agreement is dependent upon the human rights conditions which prevail at the time. Any reversal of the conditions prevailing since the lifting of the state of siege will prevent the implementation of the agreement.⁵

Vance

1. Source: National Archives, RG 59, Central Foreign Policy File, D770354–0100. Confidential; Niact Immediate. Sent for information to Guatemala City, San Salvador, Tegucigalpa, and San José.
2. In telegram 4419 from Managua, September 22, the Embassy reported: “Opposition media (both print and electronic) are in the process of letting off steam and attempting to tell story of 33 months of censorship.” The Embassy also commented: “In view of the significance of the lifting of the state of siege and censorship, Mission believes FY77 FMS funds should be released.” (National Archives, RG 59, Central Foreign Policy File, D770345–1045)
3. A record of the September 28 telephone conversation between Matthews and Solaun has not been found.
4. Karen DeYoung reported in the Washington Post on October 5 that the Department had signed a $2.5 million military assistance agreement with Nicaragua and “deferred indefinitely” a $12-million economic aid package. DeYoung wrote: “In a confusing turnaround of its carrot-and-stick diplomacy in the area of human rights, the Carter administration has decided to withhold economic aid while approving military assistance—to a country accused of rights violations. (“Nicaragua Denied Economic Aid, Gets Military,” Washington Post, October 5, 1977, p. A10) In an October 5 press briefing Department Spokesman Hodding Carter stated that the “different treatment” of the economic and military aid agreements “reflects the different legislative statutes governing the programs,” in that “an unsigned FMS agreement cannot be carried over from one year to the next” while economic aid packages “are so authored that the money can carry over from one fiscal year to the next.” (Telegram 240169 to Managua, October 5; National Archives, RG 59, Central Foreign Policy File, D770363–0926)
5. In telegram 236266 to Managua, October 1, the Department issued press guidance regarding the approval of the fiscal year 1977 FMS security assistance agreement noting that “the implementation through purchase and delivery of specific items under the agreement is dependent upon the human rights conditions which prevail at the time individual transactions are considered.” (National Archives, RG 59, Central Foreign Policy File, D770358–0596)