PANAMA: RULING PARTY LEGISLATORS DISGRUNTLED AT

UNCLAS PANAMA 000267

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR WHA/CEN, AND INL
SOUTHCOM FOR POLAD

E.O. 12958:N/A
TAGS: PGOV PREL PINR SNAR PM
SUBJECT: PANAMA: RULING PARTY LEGISLATORS DISGRUNTLED AT
PRESIDENT TORRIJOS


SUMMARY
--------------

1. (SBU) PRD legislators are angry at President Martin
Torrijos for failing to consult and for ordering them
around. Several ruling-party legislators told Emboff
recently that they are disappointed and feel "used" by a
Torrijos leadership style they see as arrogant, high-handed,
presumptuous, and abusive. The lawmakers further complained
that Torrijos is strongly influenced by non-PRD elite
Panamanians, such as VP/Foreign Minister Samuel Lewis,
lawyer Jaime Arias and his older brother, Christian
Democratic Party/Partido Popular founder (and former VP)
Ricardo Arias Calderon. Despite their private misgivings
and against their better judgment, legislators say Torrijos
in December "forced" them unnecessarily (but
constitutionally) to grant him special legislative decree
powers. Panama's 1972 Constitution, promulgated by military
dictator Omar Torrijos, father of Martin, concentrates power
in the executive, while making legislators prisoners of
their parties yet unaccountable to their constituents.
Dissatisfaction within the PRD could spell trouble for
Torrijos down the road. End summary.

No consultation
--------------

2. (SBU) In separate recent meetings with Emboff, several
ruling party legislators expressed disappointment and anger,
and confided that they feel "used" by the GOP and
specifically by President Torrijos. (Note: Emboff met
separately with Chairman of the Legislative Health Committee
Jose Baruco; former Majority Leader and current Chairman of
the Credentials Committee Freidi Torres; and Chairman of the
Labor Committee Leandro Avila.)


3. (SBU) Legislator Baruco commented that even though as
Torrijos controls the Assembly (his party has 43 out of 78
legislators) which assures the approval of all of his bills,
Torrijos should at least consult with them. "He abuses us.
From him we only get "you do this and you do that." The
Executive branch doesn't even bother to ask for our
opinions," Baruco lamented. Baruco was also embarrassed to
admit that the National Assembly had ratified Supreme Court
alternate Justice Janina Small last December even though she
did not meet all the legal requirements. We ratified her
just because he asked for it, Baruco said. We did not even
look at her background. Now we have to do it all over
again. (Note: Civil society representatives, including the
President of the National Bar Association, publicly
criticized the appointment and ratification of Small as
illegal. The GOP was forced to withdraw the appointment and
is now in the process of appointing a new alternate justice.
End note.)

Special legislative powers
--------------

4. (SBU) Last December, at President Torrijos's request the
PRD-controlled National Assembly granted him special
legislative powers ("poderes especiales") to rule by decree
while the assembly is in recess (Jan 1-February 28) to rule
on ten specific topics. Legislators Jose Baruco and Freidi
Torres claimed that he should have not asked for approval to
rule on ten topics. They agreed though that he needed to
create a Canal trust urgently to start using Canal funds for
social projects and thereby aid the chances for passage of a
referendum to widen the Canal.


5. (SBU) Labor Chairman Leandro Avila, who has one of the
most impressive electoral mandates in the country, told
Emboff that he did not show up for the vote to grant special
legislative powers to Torrijos and did not send his
alternate to vote either. "He (Torrijos) has too much power
as it is, he did not need more," Avila complained.

PRD outside, but not inside ("PRD solo por fuera no por
dentro")
-------------- --------------

6. (SBU) One of the complaints common to these legislators
and other PRDers is that Torrijos does not listen to the
broad voice of the party during the decision-making process

as in past PRD administrations. Former Majority Leader
Torres said that the secret motto inside the party is that
Torrijos is "PRD outside but not inside" referring to
Torrijos's alleged disregard of the PRD membership.
According to Torres and Avila, and other Embassy contacts,
Vice President and Foreign Minister Samuel Lewis Navarro and
lawyer Jaime "Jimmy" Arias strongly influence Torrijos.
"They are the only ones he listens to (Baruco, Torres, and
Avila all agreed.)" (Note: Both Lewis and Arias are members
of Panama's white "rabiblanco" and are not members of the
PRD.) The legislators acknowledged that PRDers Jorge
Eduardo Ritter (a former Foreign Minister under the Noriega
military regime) and Adolfo Ahumada (Canal board member and
senior advisor to Foreign Minister Lewis) do exert influence
on President Torrijos.

The "small group"
--------------

7. (SBU) Legislator Torres shared with Emboff that key
traditional PRD activists have formed what they call the
"petite comite" which often meets discretely to discuss,
analize and complain among themselves about President
Torrijos and his decisions. The petite comite includes
Housing Minister Balbina Herrera (probably the most popular
cabinet member),Minister of Government and Justice Hector
Aleman, Legislative President (and fifth term legislator)
Elias Castillo and Torres. Herrera and Aleman both aspire
to the vice presidential nomination in 2009 and must be
discreet as not to anger Torrijos and risk losing support,
not to mention fear of his potential influence over the
party's 2009 presidential candidate.

A PB comeback?
--------------

8. (SBU) Former Panamanian President Ernesto Perez
Balladares (1994-1999),who has openly criticized Torrijos
for not employing PRDs in the government after taking power,
among other things, is campaigning to become the party
President during the 2007 internal elections. Though Perez
Balladares is not well liked within the party, many
disgruntled party members could end up supporting him the
three legislators agreed. His possibilities to win could
increase if either (Cabinet members) Herrera or Aleman
decide to support him. Current Panama City Mayor Juan
Carlos Navarro is quietly but actively campaigning for a
2009 presidential candidacy. But Navarro is being careful
prior to 2007 PRD internal elections are still unknown.

Comment:
--------------

The 1972 military constitution
--------------

9. (U) Panama is ruled by a dictator's constitution
promulgated in 1972 under the late General Omar Torrijos's
military regime. Though amended in 1983, 1994 and 2004, the
constitution fosters a "strong Presidentialist system".
Legislative seats do not belong to the individual who ran
for election, but to the party that nominated the
individual. Once elected, legislators are not accountable
to their constituents, but to their party. Though they
nominally represent an electoral district, in fact they
become national legislators and there is no way for voters
to demand actions from them. Panamanian electoral law,
backed by the Constitution, allows political parties to
bring legislators to internal trial in case they vote
against the "party line" and can lose their seats if they
defy party orders. Legislators become prisoners of their
parties.


10. (SBU) Regardless of internal PRD complaints against
Torrijos and his ruling style, nothing in Panama will change
under his administration or future ones without in-depth
amendments to the Constitution and the Electoral law. There
are no indications that the ruling party (PRD) or the
largest opposition party, Partido Panameista, would support
such in-depth reforms. Party leaders enjoy and profit from
the level of power they exercise over their legislators.
What's going on under the Torrijos administration has

happened in the past and is not news. But societal changes
and demands for more participation are encouraging
legislators to speak up.

Eaton #