Identifier
Created
Classification
Origin
04CARACAS1346
2004-04-21 21:21:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

CNE ANNOUNCES SIGNATURE APPEALS PROCESS FOR MAY

Tags:  PGOV PHUM KDEM VE 
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C O N F I D E N T I A L CARACAS 001346 

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD
STATE PASS USAID FOR DCHA/OTI

E.O. 12958: DECL: 04/21/2014
TAGS: PGOV PHUM KDEM VE
SUBJECT: CNE ANNOUNCES SIGNATURE APPEALS PROCESS FOR MAY
28-30

REF: A. CARACAS 1267

B. CARACAS 1247

Classified By: Abelardo A. Arias, Political Counselor,
for Reasons 1.4(d).

-------
Summary
-------

C O N F I D E N T I A L CARACAS 001346

SIPDIS


NSC FOR CBARTON
USCINCSO ALSO FOR POLAD
STATE PASS USAID FOR DCHA/OTI

E.O. 12958: DECL: 04/21/2014
TAGS: PGOV PHUM KDEM VE
SUBJECT: CNE ANNOUNCES SIGNATURE APPEALS PROCESS FOR MAY
28-30

REF: A. CARACAS 1267

B. CARACAS 1247

Classified By: Abelardo A. Arias, Political Counselor,
for Reasons 1.4(d).

--------------
Summary
--------------


1. (C) The National Electoral Council (CNE) said on April 21
it will hold the appeals process May 27-31 for signatures
collected in support of the presidential recall referendum.
The CNE board approved regulations governing the appeals
("reparos") but did not immediately release the text. The
CNE declared 1.9 million of the signatures collected in
November 2003 valid, rejected 375,241, and put another 1.19
under "observation." The Coordinadora Democratica is waiting
for the CNE to deliver a definitive database of the signature
results, expected by April 23, before deciding the
feasibility of the proposed appeals process. Several
opposition figures, however, have already criticized the
agreement. Depending on what else the CNE tells the
opposition later this week, Julio Borges believes the
opposition would have at best a 50/50 chance of winning
enough signatures. The GOV will likely raise new obstacles.
End summary.

--------------
CNE Makes Another Preliminary Announcement
--------------


2. (U) The National Electoral Council (CNE),just after
midnight on April 21, announced that it had approved
regulations for the process to appeal the results of the
signature drive in support of a recall referendum against
President Hugo Chavez. CNE President Francisco Carrasquero
announced adjusted totals for the signature drive: 1,919,965
valid (short of the 2.4 million needed); 375,241 rejected
(not in the electoral registry); and 1,192,914 eligible for
the appeals process. (Note: All signatures except for those
not in the electoral registry may be appealed, including
signatures of those who claim they did not sign or wish to
recant.) Carrasquero said the appeals process ("reparos")
would take place May 27-31. The first and last days are for
set-up and break down. Carrasquero said these dates would
allow a presidential referendum to take place on August 8 if
the opposition meets the legal threshold. (The appeals

process for deputies will take place May 21-23, he added.)


3. (U) CNE Director Jorge Rodriguez told reporters there
would be 2,659 centers established for appeals. The centers
will be open for twelve hours each day and may remain open on
the last day as long as there is a line. Centers will be
equipped with between one and three tables based on the
number of potential signers, and staffed by more than 23,000
workers and alternates.

--------------
Negotiators Wait For Smoke To Clear
--------------


4. (C) Coordinadora Democratica (CD) negotiators Felipe
Mujica and Alberto Quiros told poloff April 21 they had
reached the agreement the day before with Rodriguez, who then
had to submit the appeals regulations to the CNE board.
Minor changes had been made, Quiros said, though the approved
draft had not yet been circulated. Quiros believes the
opposition can win the appeals process, though he admitted it
would be difficult. For example, he noted the opposition
will have to collect 500,000 signatures in states controlled
by pro-Chavez parties.


5. (C) Mujica predicted the opposition would not come to a
decision regarding the appeals process until the week of
April 26, after it had had a chance to analyze the CNE's data
base. Rodriguez said the CNE will deliver to the opposition
on April 23 the official data base of signatures for the


appeals process. Mujica said that Henrique Salas Romer's
party, Proyecto Venezuela (PV),is likely not to support the
CD. Diez said he had spoken with Primero Justicia (PJ)
leaders, who said they wanted to study the details before
giving an opinion. Quiros also noted that the NGO Sumate
believes the appeals process as proposed is not viable. The
OAS chief observer Marcelo Alvarez_ and Diez told the
opposition negotiators they believed the process is feasible
for the opposition.

--------------
Judicial Avenue a Dead End?
--------------


6. (C) Mujica said several opposition groups still hold out
hope that the Electoral Chamber of the Supreme Court (TSJ)
will prevail upon the CNE to force the referendum. Mujica
described the motives of these groups as a mix of political
calculations (Proyecto Venezuela) and principled stands
(civil society groups). Mujica argued publicly April 21 that
the political avenue does not preclude the judicial route,
though he does not believe the latter will succeed. Mujica
urged the opposition not to lose the opportunity of the
appeals process for hope of a judicial resolution.

--------------
International Observers At The Ready
--------------


7. (C) The Carter Center's Diez said he had already spoken
with Rodriguez about providing an audit for the appeals
process. Alvarez_ said the OAS would bring some 30 observers
if the appeals process takes place. Both representatives
said their organizations would avoid public statements over
the next few days as the details of the appeals process are
analyzed. Rodriguez told reporters the CNE planned to invite
the OAS and TCC, in addition to the UNDP, the head of the
Uruguayan electoral authority, and a number of prestigious
individuals.

--------------
Comment
--------------


8. (C) On its face, the proposed appeals process appears
workable, but it does not bring the opposition as close as
they would like to a formula for getting the number of
signatures needed to activate the referendum. Reaching the
more than 2.4 million signature threshold will not come
without difficulty -- PJ President Julio Borges told DCM
(septel) the opposition would have only a 50/50 chance even
if the GOV played fair, which it will not. The CNE has
proven its ability to manipulate this process (ref a),and
there are a number of as-yet-undefined points that could
whittle the opposition's ability to revalidate signatures
even further. The decision moves the ball down the field and
now puts pressure on the opposition to face one of the most
crucial decisions in its battle against Chavez. We can
expect some minor opposition voices to denounce the appeals
process; the traditional political parties will likely stay
on board; Salas Romer's PV continues to oppose acceptance of
reparos.

SHAPIRO


NNNN

2004CARACA01346 - CONFIDENTIAL