HONDURAN SUPREME ELECTORAL TRIBUNAL: THE FIGHT FOR

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 000872

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STATE FOR WHA/CEN, WHA/PPC, WHA/USOAS, AND DRL/PHD
STATE PASS AID FOR LAC/CAM AND DCHA/DG

E.O. 12958: N/A
TAGS: PGOV PREL KDEM HO
SUBJECT: HONDURAN SUPREME ELECTORAL TRIBUNAL: THE FIGHT FOR
POWER BETWEEN NATIONAL AND LIBERAL PARTIES

REF: Tegucigalpa 1541


1. Summary: There is a growing dispute for control of the
Honduran Supreme Electoral Tribunal (TSE) and the National
Registry of Persons (RNP). These two key institutions are not
yet free from the influence of the two traditional parties in
Honduras. The upcoming general elections, scheduled for November
27, could be tarnished if a crisis erupts between Nationalists
and Liberals who are vying to control the institutions which are
central to the electoral process. The presidency of the TSE is
vital because whomever controls the TSE can make decisions which
will favor or damage a particular political party or campaign.
Management of the RNP is crucial because it is responsible for
producing 1.2 million identity cards, which are also critical for
the electoral process. End summary.

Battle for Control of TSE and RNP
--------------


2. There is a growing dispute for control of the Honduran
Supreme Electoral Tribunal (TSE) and the National Registry of
Persons (RNP). The TSE and RNP are key institutions for the
upcoming general elections, scheduled for November 27, and could
be tarnished if a crisis erupts between National and Liberal
Parties for control of the two institutions.

What Triggered the Crisis
--------------


3. The Secretary General of the Central Committee of the
National Party and congressional candidate, David Matamoros
Batson, said recently that there should be a balance in the
control of key electoral institutions and that it is not
acceptable for the Liberal Party to control both entities during
an electoral year. He reiterated his partisan views at TSE
headquarters on April 12, adding that a Consultative Committee
had to resolve the issue since all five of the political parties
would be represented. No official position from the National
Party has been forthcoming, however Matamoros said he speaks for
the party and reiterated that new negotiations over the TSE's
leadership's posts must take place. President of Congress
Porfirio "Pepe" Lobo, the National Party presidential candidate,
who also controls the Central Committee for the National Party,
followed Matamoros' declarations with his own public statement
stating that a balance must be struck in the control of the TSE
and the RNP.

2004 Negotiations and the TSE Rotation Plan
--------------


4. When the original negotiations for the control of the TSE and
RNP took place in 2004, they were part of a package that divided
political patronage posts through which the Christian Democrats,
favored due to their alliance with the National Party in
Congress, were able to get a significant share of patronage
positions. As a result of those negotiations, the National,
Liberal, and Christian Democratic parties all have key positions
at the TSE and the RNP, as well as the Supreme Accounts Tribunal
(TSC) and Congress. Meanwhile the other small parties, National
Innovation and Unity Party (PINU) and the Democratic Union Party
(UD),were frozen out.


5. The presidency of the TSE is vital because whomever controls
the TSE can make decisions which will favor or damage a
particular political party or campaign. Management of the RNP is
crucial because it is responsible for producing 1.2 million
identity cards also crucial for the electoral process. The
rotation of leadership posts was reached by the TSE magistrates
at the initial meeting of the TSE on May 17, 2004. The signed
agreement declared that the presidency of the TSE would follow
this order: Nationalist Jacobo Hernandez Cruz (2004-2005),
Liberal Aristides Mejia Carranza (2005-2006) and Christian
Democrat Jose Saul Escobar (2006-2007). Mejia had proposed that
Hernandez assume the presidency first, from May 17, 2004 to May
17, 2005; the TSE magistrates voted unanimously for the proposed
rotation of the presidency.


6. In the case of the RNP, the institution is led by Ramon
Izaguirre, a member of the Liberal Party. He was chosen by
Congress in 2004 for a five-year term thanks to a Liberal Party
alliance with the smaller parties for the vote. At the same time
Congress chose one sub-director from the Christian Democratic
Party and one second sub-director from the National Party, both
for five-year terms as well.

What the Law says
--------------


7. By law, the National Congress elects the magistrates at the
TSE and Director and sub-directors at the RNP. Chapter 2,

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Article 10 of the reformed Electoral Law says that the
magistrates for the TSE will elect among them the president of
the institution, a presidency that will rotate every year. The
election of the president of the TSE must occur during the first
meeting of the TSE and no president will be able to serve as
president again until all three magistrates have presided over
the TSE. One notable point is that in practice and reality, the
TSE will not be under the control of the Liberals to the extent

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implied by some Nationalists. The TSE president cannot make
unilateral decisions - the TSE's decisions must reflect the
majority opinion of the magistrates. If the other two
magistrates disagree with decisions by the TSE president, the
majority can overrule the president.


8. With respect to the RNP, according to Articles 54 and 55 of
the Electoral Law, positions are held for five years and there is
no mention of rotation between the Director and sub-directors.


9. Comment: The battle between the parties is not surprising,
but Post doubts there will be a change in the planned TSE
presidency rotation or that Liberal Party control threatens
Nationalist interests. A switch at this time, however, could
cause even greater chaos and hinder planning for the TSE's
administration of the general election. It will be hard for the
National Party to walk away from a consensus plan their
representative on the TSE signed. In fact, in recent days
National Party grumbling has begun to subside. As far as the RNP
directorship, there appears to be even less grounds for a change.
End Comment.

Pierce