Identifier
Created
Classification
Origin
05BOGOTA9896
2005-10-20 17:47:00
CONFIDENTIAL
Embassy Bogota
Cable title:  

COURT SAYS CONSTITUTION HAS BEEN REFORMED TO ALLOW

Tags:  PGOV KJUS PTER ECON CO 
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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 SECTION 01 OF 02 BOGOTA 009896 

SIPDIS

SOUTHCOM FOR POLAD

E.O. 12958: DECL: 10/20/2015
TAGS: PGOV KJUS PTER ECON CO
SUBJECT: COURT SAYS CONSTITUTION HAS BEEN REFORMED TO ALLOW
REELECTION

REF: A. BOGOTA 9321

B. BOGOTA 8695

C. BOGOTA 8241

Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D.

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 009896

SIPDIS

SOUTHCOM FOR POLAD

E.O. 12958: DECL: 10/20/2015
TAGS: PGOV KJUS PTER ECON CO
SUBJECT: COURT SAYS CONSTITUTION HAS BEEN REFORMED TO ALLOW
REELECTION

REF: A. BOGOTA 9321

B. BOGOTA 8695

C. BOGOTA 8241

Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D.


1. (C) Summary: On October 19, the Constitutional Court
ratified legislation reforming the Constitution to allow
presidential reelection, including for incumbent President
Uribe. A final legal hurdle for Uribe is the Court's
approval of reelection implementing legislation, a decision
that is due by November 11. Legal observers think reelection
cannot be blocked now, although some dust could still be
kicked up over "fair treatment" for all Presidential
candidates. In terms of the Presidential race, Uribe will be
the overwhelming favorite. The Democratic Pole and Liberals
will run candidates, but the field of Liberal aspirants might
change. A victorious Uribe could secure majorities in both
houses in the March elections. End Summary.


2. (SBU) The Court's October 19 decision in favor of
reelection, in a 7 to 2 vote, was the penultimate step in
allowing President Uribe to run for reelection in May 2006.
(Note: Additional sub-decisions were made, with slightly
different vote outcomes. End Note.) Court approval of
implementing legislation (known here as the "guarantees" law,
or ley de garantias),due by November 11, is the sole
remaining legal hurdle. While a negative Court ruling on
implementing legislation would be a setback (and might
provoke heated legal debate here),the majority of our legal
contacts concur that Uribe would still be able to run in
2006, as the Constitution has formally been reformed to
permit reelection. Uribe allies in Congress, we are told,
are preparing additions to pending electoral code legislation
in a parallel effort to stave off legal challenges.


3. (U) President Uribe reacted positively but quietly to the
Court's decision, and noted that he desired that Congress
approve a reform (defeated in a previous session) to allow
for reelection of governors and mayors as well. All major
opposition leaders announced their parties would respect the
Court's decision. However, former President Cesar Gaviria,
head of the Liberal Party (PLC),Senator Antonio Navarro,
Democratic Pole (PDI) Presidential nominee, and Senator
Carlos Gaviria, head of Democratic Alternative (AD),all
publicly disagreed with the merits of the decision. Cesar
Gaviria was strongly critical of alleged pressure tactics
used against the Court by the GOC and Uribe loyalists.


4. (C) Uribe goes into the May 2006 election as the
overwhelming favorite, with a consistent approval rating of
over 70 percent and support for his reelection at a similar
level. The Democratic Pole will run Navarro. The party is
interested in increasing its Congressional numbers, and views
running a Presidential candidate as crucial in the
vote-garnering effort nationwide. The Liberal Party, one of
Colombia's two traditional parties, will also run a candidate
and work hard to expand its numbers in Congress as a
counterweight to Uribe's coalition. The party will choose
its candidate in March, as part of the Congressional voting.
Two-time Presidential nominee (1998 and 2002) Horacio Serpa,
the current front-runner for the nomination, has said that he
will continue in the race, but party insiders have suggested
that Serpa may drop out, to avoid a second electoral
confrontation with Uribe. Two-time former Bogota mayor and
independent Antanus Mockus is a wild card who is rumored to
be considering a run.


5. (C) The leading pro-Uribe parties (Ref B) will be
well-positioned to be majorities in both houses of Congress
beginning in July. But cohesion of those majorities might
still be an issue. Uribe's break with the traditional
pork/patronage Executive-Legislative relationship has
strained his dealings with Congress on numerous occasions
over the last three years, and many members will be reelected
in 2006.


6. (C) Comment: This is an historic change based on support
for Uribe and consequent confidence in Colombia's government
and governability. But Uribe is not yet on the ballot and
has not formally confirmed he is a candidate. When he does
so, we will treat this as any other election, in which we
support institutional democracy, but have no candidate of our
own.
WOOD