GOV GAG RULE ON INTERNATIONAL OBSERVERS

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002201

SIPDIS


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

E.O. 12958: DECL: 07/08/2014
TAGS: PGOV PHUM KDEM VE
SUBJECT: GOV GAG RULE ON INTERNATIONAL OBSERVERS


CLASSIFIED BY: ABELARDO A. ARIAS, ACTING DEPUTY CHIEF OF MISSION, FOR R
EASONS 1.4(B) AND (D).

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SUMMARY
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1. (C) VENEZUELA'S NATIONAL ELECTORAL COUNCIL (CNE) APPROVED
ON JUNE 23 THE REGULATIONS FOR INTERNATIONAL OBSERVERS DURING
THE AUGUST 15 PRESIDENTIAL RECALL REFERENDUM. THE RULES
STIPULATE THAT OBSERVERS WILL HAVE FULL ACCESS TO VOTING
SITES AND CNE OFFICES, BUT MAY NOT MAKE PRESS STATEMENTS OR
RELEASE INFORMATION TO THE MEDIA. THE GOV RESERVES THE RIGHT
TO DENY OR REVOKE THE ACCREDITATION OF ANY MEMBER OF THE
OBSERVER MISSIONS. WRITTEN TO AVOID REPEATING THE
EXPERIENCES OF THE SIGNATURE DRIVE AND APPEALS PROCESS WITH
THE OAS AND THE CARTER CENTER (TCC),THE REGULATIONS AS
CURRENTLY DRAFTED WOULD HAMPER INTERNATIONAL OBSERVATION.
END SUMMARY.

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CNE APPROVES OBSERVER REGULATIONS
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2. (C) THE NATIONAL ELECTION COMMISSION (CNE) APPROVED ON
JUNE 23 (AND FINALIZED ON JULY 2) THE REGULATIONS FOR THE
INTERNATIONAL OBSERVER MISSIONS DURING THE AUGUST 15
REFERENDUM. THE ELEVEN-ARTICLE RESOLUTION OUTLINES THE
MISSION, SELECTION, ACCESS, RESPONSIBILITIES, AND
RESTRICTIONS OF THE INTERNATIONAL OBSERVERS. THE RESOLUTION
HIGHLIGHTS FOUR MAJOR PRINCIPLES FOR THE INTERNATIONAL
OBSERVERS: RESPECT OF THE SOVEREIGNTY OF VENEZUELA,
IMPARTIALITY, NEUTRALITY, AND TRANSPARENCY. THE RULES
STIPULATE THAT OBSERVERS "MAY NOT OPINE OVER THE INTERNAL
AFFAIRS OF VENEZUELA." OBSERVERS WILL BE PLACED UNDER THE
SUPERVISION OF A CNE COMMITTEE HEADED BY PRO-CHAVEZ DIRECTOR
OSCAR BATTAGLINI.

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HAND-PICKED OBSERVERS
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3. (C) THE RULES EMPOWER THE CNE TO INVITE OBSERVERS, WITH
THE FORMAL INVITATION TO BE RELAYED BY THE MINISTRY OF
FOREIGN RELATIONS. THE CNE MAY ALSO DENY OR REVOKE
ACCREDITATION TO INDIVIDUALS FROM THE INTERNATIONAL OBSERVER
MISSION WHO DO NOT COMPLY WITH THE STANDARDS AND REQUIREMENTS
LAID OUT IN THE REGULATIONS. OPPOSITION CNE DIRECTORS
EZEQUIEL ZAMORA AND SOBELLA MEJIAS VOTED AGAINST THE ARTICLES
WHICH GIVE THE CNE AUTHORITY TO DENY OR REVOKE OBSERVER
STATUS AND THE LIMITATION ON THE OBSERVERS' REPORTING ONLY TO
THE CNE IN CONFIDENCE.

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LOOK, BUT DON'T SPEAK
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4. (C) THE APPROVED RESOLUTION GRANTS OBSERVERS FREE MOVEMENT
AROUND THE COUNTRY AND OPEN COMMUNICATION WITH POLITICAL
PARTIES AND PEOPLE ASSOCIATED WITH THE REFERENDUM PROCEDURES.
THE OBSERVERS HAVE ACCESS TO THE BUILDINGS, SITES, AND
SPACES OF ALL ELECTORAL AUTHORITIES. UPON REQUEST, THE
OBSERVER MISSIONS HAVE ACCESS TO THE INFORMATION, DOCUMENTS,
AND ARCHIVES OF THE CNE. TCC REPRESENTATIVE EDGARDO MIMICA
TOLD THE AMBASSADOR ON JULY 2 THAT THE CNE WANTED TO MAKE
THEIR SCHEDULES AND ESCORT OBSERVERS, WHICH TCC FINDS
UNWORKABLE.


5. (C) THE RULES DO NOT MENTION WHETHER OBSERVERS CAN DO
"QUICK COUNTS" OR PROJECTIONS ON ELECTION DAY. THE
RESOLUTION STATES, HOWEVER, THAT THE OBSERVERS "CANNOT MAKE
DECLARATIONS TO THE MEDIA, OR RELEASE STATEMENTS OR DOCUMENTS
OF THE OBSERVER'S OPINIONS DURING THE ELECTORAL PROCESS."
THE OBSERVER MISSIONS ARE REQUIRED TO PRESENT THE CNE WITH
CONFIDENTIAL INFORMAL REPORTS AT THE END OF THE ELECTORAL

SIPDIS
PROCESS, WHICH THE CNE RESERVES THE RIGHT TO PUBLISH.
OBSERVERS ARE RESTRICTED FROM MAKING SURPRISE VISITS TO SEE
THE CNE BOARD (AS FORMER PRESIDENT JIMMY CARTER DID DURING
THE APPEALS PROCESS) WITHOUT WRITTEN CONSENT. OBSERVERS,

CARACAS 00002201 002 OF 002

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OPPOSITION DECRIES "GAG RULE"
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6. (U) ON JUNE 29, ASDRUBAL AGUIAR, INTERNATIONAL LIAISON FOR
THE COORDINADORA DEMOCRATICA, ATTACKED THE OBSERVER
REGULATIONS FOR THEIR EMPHASIS ON SOVEREIGNTY, WHICH HE
CALLED AN EXCUSE FOR DICTATORIAL REGIMES SUCH AS THOSE OF
PINOCHET, FUJIMORI, AND CASTRO. AGUIAR ASSERTED THAT THE CNE
RESOLUTION IS A "GAG RULE" BECAUSE OBSERVERS CANNOT COMMENT
ON INTERNAL AFFAIRS OF THE STATE OR MAKE STATEMENTS TO THE
PRESS. HE ASSERTED THAT THE RESOLUTION VIOLATES THE MAY 29
AGREEMENT BETWEEN THE OPPOSITION AND GOV AND THREATENS
CONSTITUTIONAL REGULATIONS THAT PROTECT HUMAN RIGHTS. AGUIAR
QUESTIONS HOW INTERNATIONAL OBSERVERS WILL BE ABLE TO
EVALUATE TRANSPARENCY AND THE ELECTORAL PROCESS, BUT ONLY BE
ABLE TO PRESENT FINDINGS CONFIDENTIALLY. WITHIN THE CNE,
THERE ARE DISAGREEMENTS ABOUT THE NEW REGULATIONS.

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COMMENT
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7. (C) THE INTERNATIONAL OBSERVER REGULATIONS RESTRICT THE
ACCREDITATION PROCESS AND THE REPORTING ABILITY OF THE
INTERNATIONAL OBSERVERS. THE CONTENTIOUS POINTS -- PRESS
STATEMENTS, APPROVAL OF INDIVIDUAL OBSERVERS, NO UNANNOUNCED
VISITS -- ALL SEEK TO REDRESS THE CNE'S EARLIER CONFLICTS
WITH THE OAS/TCC OBSERVERS. BATTAGLINI WAS CRITICAL OF THE
INTERNATIONAL OBSERVERS THEN AND WILL NOW HEAD THE COMMITTEE
TO OVERSEE THEM. THE OBSERVERS APPEAR TO BE WILLING TO WALK
THE FINE LINE DRAWN BY THE CNE TO A POINT, BUT THEY WILL NOT
COME JUST TO GIVE BLIND APPROVAL. STILL, ONCE THE OBSERVERS
ARE ON THE GROUND, IT WILL BE POLITICALLY DIFFICULT FOR THE
CNE TO CONTROL THEM, ESPECIALLY LUMINARIES SUCH AS FORMER
PRESIDENT JIMMY CARTER OR OAS SECGEN CESAR GAVIRIA.
MCFARLAND

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2004CARACA02201 - CONFIDENTIAL