DOMINICAN ELECTORAL BOARD MOVING AHEAD

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 005088

SIPDIS

SENSITIVE

DEPARTMENT FOR WHA/CAR (MCISAAC),USOAS

E.O. 12958: N/A
TAGS: DR PGOV PREL
SUBJECT: DOMINICAN ELECTORAL BOARD MOVING AHEAD

REF: A. (A) SANTO DOMINGO 4915

B. (B) SANTO DOMINGO 5003 (NOTAL)


1. (SBU) Summary: Central Electoral Board ("JCE") President
Luis Arias and seven of the eight other electoral judges
assured the Ambassador on September 9 that -- contrary to
claims by opposition critics -- preparations for the May 16,
2004, presidential election in the Dominican Republic were on
schedule and that registration problems would be resolved.
The Ambassador welcomed JCE officials' expressed commitment
to free, fair,and clean elections. He also noted a need for
the JCE to strengthen its credibility and dispel suspicions
of political bias that might favor President Mejia's bid for
reelection. Arias told him the GODR welcomed and expected
international observers, as in past elections. End summary.


2. (SBU) On September 9 the Ambassador, accompanied by DCM
and emboffs, met with President of the Dominican Republic's
Central Electoral Board (Junta Central Electoral - JCE) Luis
Arias, the three judges of the Administrative Chamber which
will organize and conduct the election, and four of the five
judges of the Dispute Resolution Chamber (Camara Contenciosa)
responsible for adjudicating any questions about the vote
count or allegations of irregularities. The Ambassador
emphasized the importance of the JCE's work to ensure clean,
fair, and transparent elections and welcomed JCE members'
commitment to the same. He noted concern by various of our
political party contacts (reftels) that the JCE is stacked in
favor of the ruling PRD's PPH faction, which backs President
Mejia's pre-candidacy for reelection. Arias noted that he
and another judge had served during the previous presidential
election in 2000, which observers concluded had been free and
fair. According to Arias, what matters is "how the judges
behave, not their political party affiliation." He,
Administrative Chamber head Nelson Gomez Arias, and Dispute
Resolution Chamber head Salvador Ramos all expressed their
commitment to transparency and correct procedure in the
election.


3. (SBU) The Ambassador asked whether, as in the past, the
JCE would accredit international observers to this election.
Arias, referring to his experience as an alternate JCE judge
beginning in 1996, replied that it was a "tradition" for the
Dominican Republic to accept observers. Possible sources
were the OAS, the UN, and prominent NGOs such as CAPEL, IFES,
NDI, and/or the Carter Center. They would arrive anywhere
from three days to one month before the election. However,
it was up to the national government holding the election to
invite the observers, he emphasized. The Ambassador stressed
the USG's continuing support for the democratic process.
Arias said the Embassy "has much to offer" to the JCE and
that he would approve of USG participation as part of the
international observer presence. In reply to a question,
Arias acknowledged receipt of a UNDP proposal for technical
assistance to the JCE, but indicated the board had not yet
decided whether to accept the assistance. (Note: He gave no
reason for the delay. End note.)


4. (SBU) Legal changes last year reduced the maximum number
of voters per polling station to 400, and consequently some
900,000 voters must go to different stations. The
administrative judges explained that 300,000 of the cases
were already resolved and the voters would receive letters
informing them of the change. Another 300,000 would get
their letters by December and the remainder would go out well
in advance of election day. (Note: The JCE expects to
increase the number of polling places to 12,500 for the
upcoming election, to accommodate the rise in number of
voters. End note.)


5. (SBU) Another issue, regularizing the credentials of
21,000 voters who have duplicate identification cards
(cedulas),was also being addressed, he said. A pilot
project would enable some 20,000 - 30,000 Dominicans living
abroad to vote through consulates, but the judges
acknowledged this would benefit relatively few of the more
than one million Dominicans living in the US. The judges
claimed that the composition of 107 of the 134 municipal
election boards had been agreed to by local party
representatives, but said JCE inspectors had to confirm this.
Disputes over appointments to 22 local boards remained
unresolved.


6. (SBU) Comment: Arias assumed the JCE presidency in July,
replacing Ramon Morel Cerda who had been accused of nepotism,
resisting reforms, and quarreling with the other judges.
Opposition contacts have told us that six of the nine current
judges, including Arias, sympathize with the PRD. Such
partisan imbalance is nothing new, and may or may not
translate into partisan decisions. In any event, it
undermines public confidence in the board's impartiality.
Amid the current tension created by Mejia's desire to be
reelected -- a controversial topic for the many Dominicans
who recall all too well the Balaguer and Trujillo eras -- the
JCE will need to do a better job of establishing its
transparency and credibility. The electoral board will also
have to perform its task with a majority of inexperienced
judges and a reformed structure that is so far untested.
Among its other duties, the JCE will decide which entities
may send observers, and how many, to the polls.
HERTELL