Identifier
Created
Classification
Origin
04CARACAS801
2004-03-09 21:52:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

THE NARROW ROAD TO THE SIGNATURE APPEALS PROCESS

Tags:  PREL PGOV PHUM VE 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L CARACAS 000801 

SIPDIS


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

E.O. 12958: DECL: 03/09/2014
TAGS: PREL PGOV PHUM VE
SUBJECT: THE NARROW ROAD TO THE SIGNATURE APPEALS PROCESS

REF: A. CARACAS 786


B. CARACAS 740

C. CARACAS 730

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

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

C O N F I D E N T I A L CARACAS 000801

SIPDIS


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

E.O. 12958: DECL: 03/09/2014
TAGS: PREL PGOV PHUM VE
SUBJECT: THE NARROW ROAD TO THE SIGNATURE APPEALS PROCESS

REF: A. CARACAS 786


B. CARACAS 740

C. CARACAS 730

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

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


1. (C) The GOV and the opposition continue to negotiate the
appeals process ("reparos") that will determine the fate of
the signatures presidential referendum against President Hugo
Chavez. The National Electoral Council (CNE) March 7
delivered its computerized version of the results of the
verification of the signatures to the opposition, which
classified it as a "disaster." An OAS observer confirmed
this assessment, noting that the CNE's handling of the
signatures has been incompetent at best. The opposition must
strike a balance between bringing pressure against the CNE
for its shoddy work and keeping the institution functional to
reach the appeals process. As is, the dates for the appeals
process may slip to mid-April. End Summary.

--------------
GOV And DCC Negotiations
--------------


2. (C) The National Electoral Council (CNE) delivered a
computerized version of the results of the verification of
the presidential recall referendum signatures to the
opposition on March 7. The turnover of the data is part of
the negotiations to design an appeals process ("reparos") for
the signatures. Representatives of the Democratic
Coordinating Committee (DCC) told poloff March 8 that the
database was a "disaster" of disorganized information. OAS
observer Marcelo Alvarez told polcouns on March 9 that the
CNE's arbitrary application of the verification norms to the
opposition signatures indicates either an intentional effort
to scuttle the referendum or, at best, complete ineptitude at
the CNE. The CNE, Alvarez noted, still has "a mountain of
work" to finalize the tally, but he did not expect the CNE's
count to change by much from what had already been announced.
Alvarez said he feared the opposition might make so much
political hay of the CNE's dubious work that the CNE board
would go into crisis before an appeals process can be held.


3. (C) The opposition plans to take a few days to analyze the

CNE data. Alvarez said that if the opposition can resist the
temptation to blast the CNE over the multitude of errors they
are likely to uncover, they may be able to use the
information to get the CNE to agree to a longer appeals
process with more signatures up for grabs. The two sides,
Alvarez said, are bound by an agreement that gives them 15
days to prepare for the appeals process once they come to
agreement on the parameters. Alvarez expressed concern that
the appeals process would be further delayed by Holy Week
(April 4-11),thus pushing the process off to mid-April.


4. (C) CNE Director Jorge Rodriguez said publicly March 8
that, with the database delivered, the opposition must decide
to go to the appeals process before the end of the week or
the CNE would proceed with its original plan for the appeals
process. (Note: Opposition negotiators rejected the CNE's
initial proposal as not feasible. The NGO Sumate and
international observers also agree that this proposal would
not be viable.) The opposition is analyzing the data to
determine how the appeals process should work for it to
bridge the difference between the approximately 1.8 million
signatures validated by the CNE and 2.4 million minimum
required.


5. (C) Alvarez commented that the Carter Center is taking the
lead in facilitating the negotiations at the CNE. The OAS
prefers to maintain its role as observers, he said, but still
consults closely with the Carter Center for the negotiations.
Alvarez said CNE Director Jorge Rodriguez is the only member
of the CNE board participating in the negotiations. He said

Rodriguez is combative, applying the rules when it suits him,
ignoring them when they do not. Miranda State Governor
Enrique Mendoza and Movement to Socialism (MAS) President
Felipe Mujica continue to negotiate for the opposition. The
DCC representatives have told us the GOV is represented by
Fifth Republic Movement (MVR) National Assembly Deputy
Willian Lara and Podemos Deputy Ismael Garcia.

--------------
Opposition Strategy
--------------


6. (C) DCC representatives expect the next two weeks to
determine the fate of the referendum. Unity among the
opposition has improved since the March 2 CNE announcement of
the preliminary results, they said, with most groups
realizing that negotiations with the CNE is the only
practical alternative. The massive march on March 6
demonstrated, they said, the desire of the opposition to
continue the peaceful and democratic route of the appeals
process. Some sectors of the opposition, however, most
notably Henrique Salas Romer, have accused the opposition of
"negotiating away" the signatures. The DCC has denied this
publicly, but is in fact negotiating the numbers of valid
signatures and how many will go to the appeals process
(currently 1.1 million) and how long the process will be
(currently two days). The DCC representatives said the
opposition would focus its media campaign on the CNE's need
to respect the will of the signers and to reach an
accommodation on the appeals process.

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


7. (C) The CNE's best defense may be that the opposition
cannot afford to discredit it so much as to damage the CNE's
ability to mount the appeals process. The opposition is
feeling somewhat heady with the swing of public opinion
(national and international) going its way. But we believe
scenarios that envision Chavez backing down and granting all
concessions for the appeals process to work to be too
optimistic. We also note while the sides quibble over the
design of the appeals process, time is frittering away: a
referendum should be called by mid-May if it is to be held
before August 19, when a recalled Chavez can still be
replaced via an election.
SHAPIRO


NNNN

2004CARACA00801 - CONFIDENTIAL