GOB-BACKED MINERS ATTACK CONSTITUTIONAL TRIBUNAL

C O N F I D E N T I A L LA PAZ 001229

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 05/02/2017
TAGS: PGOV PREL PHUM BL
SUBJECT: GOB-BACKED MINERS ATTACK CONSTITUTIONAL TRIBUNAL

REF: 2006 LA PAZ 2976

Classified By: Ecopol Chief Andrew Erickson for reasons 1.4 (b) and (d)
.

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


1. (C/NF) Well over a thousand government-paid miners
marched on Sucre and attacked the Constitutional Tribunal
with dynamite April 27 to pressure the court into respecting
the GOB's October 31 supreme decree (reftel) which
nationalized the Posokoni, Huanuni mine. The court building
sustained minor damage and two police officers were injured.
The miners were protesting opposition deputy Peter
Maldonado's case before the court to overturn the October
decree. Senior GOB and Movement Towards Socialism (MAS)
party members appear to have directly supported the violence.
Constitutional Court President Elizabeth Iniguez condemned
the attacks and called on the GOB to ensure the court's
safety. Deputy Maldonado in a May 2 meeting with Poloffs
expressed his belief that the court will overturn the decree,
but fears the GOB will not respect the decision and that
GOB-backed miners would once again respond with violence. To
date the GOB has been content to pressure the courts via
rhetoric, the replacement of key judges and the occasional
protest march. The events of April 27 may signal that the
GOB has shifted to encouraging more aggressive protests as a
means to pressure the courts. End Summary.


2. (U) Well over a thousand government-paid miners marched
on Sucre and attacked the Constitutional Tribunal with
dynamite April 27 to pressure the court into respecting the
GOB's October 31 supreme decree (reftel) which nationalized
the Posokoni, Huanuni mine. The GOB is alleged to have
transported the miners to Sucre. The miners were protesting
opposition deputy Peter Maldonado's case before the court to
overturn the October decree. Miners threw sticks of dynamite
at an area of the building where the justices typically meet.
One of the court's doors was damaged and two police officers
were injured.


3. (SBU) Senior GOB and MAS party members appear to have
directly supported the violence. Jose Lambertin, President
Morales' delegate to Chuquisaca, was caught on film marching
with the miners. Chuquisaca Prefect David Sanchez, a member
of Morales' MAS party is alleged to have provided the miners
lodging. GOB Mining Vice Minister Pedro Mariobo
congratulated the attackers following the protest.


4. (U) Condemning the attacks and pronouncing the damage to
the court a "mortal wound," Constitutional Court President
Elizabeth Iniguez asked President Morales to ensure the
court's safety. Iniquez emphasized that the GOB must respect
the courts and protect them from threats and attacks.


5. (C/NF) The Ambassador and Poloffs met with opposition
deputy Peter Maldonado on May 2. Maldonado stated that he
filed his case because the supreme decree violates the law
and has destroyed the livelihood of the cooperative miners
who legally worked in Posokoni. He explained that the court
should reach a decision by mid June and that he was confident
that it would overturn Morales' decree. He also expressed
concern that the GOB would not respect the court's decision
and that GOB-backed miners would respond to the decision with
more violence. He noted that he has taken measures to
protect his family, following threats from miners, and
reported that he has moved his residence to an undisclosed
location. The Ambassador told Maldonado he was following his
security situation with interest.

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

6. (C) To date the GOB has been content to pressure the
courts via rhetoric, the replacement of key judges and the
occasional protest march. In December, President Morales
took advantage of Congress' holiday recess and appointed four
interim supreme court justices. In early January he
criticized the courts as corrupt, called existing supreme
court justices relics of past governments, and urged all
judges to support his GOB's policies of "change." In March,
Morales nominated Elizabeth Iniguez to the Inter-American
Commission on Human Rights (IACHR),a not-so-subtle attempt
to remove a key "relic" from the Constitutional Tribunal.
The events of April 27 may signal that the GOB has shifted
strategies to encouraging more aggressive protests as a means
to pressure the courts. It is particularly disturbing that
the GOB has actively sought to personalize what is
essentially a legal case. GOB statements focusing on Peter
Maldonado are an intimidation tactic that could lead to
violence against this deputy. We will continue to follow his
situation closely. End Comment.
GOLDBERG