SUCRE: CONTINUED CONCERNS ABOUT BOLIVIA'S JUDICIARY

C O N F I D E N T I A L LA PAZ 000444 SIPDIS SIPDIS E.O. 12958: DECL: 02/17/2017 TAGS: ECON PGOV PREL BL SUBJECT: SUCRE: CONTINUED CONCERNS ABOUT BOLIVIA'S JUDICIARY REF: A. LA PAZ 2130 (2006) ¶B. LA PAZ 901 (2006) Classified By: Ambassador Philip S. Goldberg for reasons 1.4 (b) and (d ). ¶1. (C) Summary: On his first trip to Sucre February 14-15, Ambassador Goldberg made courtesy calls on the Constituent Assembly's (CA) MAS leadership and the opposition, MAS Governor David Sanchez, the Supreme Court, the Constitutional Tribunal, and civic leaders and media analysts. In his meeting with the CA's MAS-dominated board of directors, the Ambassador said that the United States and other countries were watching the constitutional process closely. In a lunch with members of the CA opposition, delegates warned against the MAS' intentions for a new constitution but cited small victories to date. Supreme Court President Hector Sandoval and Constitutional Tribunal President Elizabeth Iniguez expressed serious concerns about judicial independence. In the Ambassador's meeting with David Sanchez, the prefect deferred to a MAS-imposed advisor on political questions, and asked for additional assistance in the health and education sectors. Media analysts and opinion makers expressed concern for Bolivian democracy, based in large part on Morales' attacks on the courts and the press. All in all, the courts' first-hand accounts of their struggle to maintain independence were noteworthy for their strident tone. We will continue to look for ways to support Bolivia's courts. End summary. -------------- BACKGROUND -------------- ¶2. (C) On his first trip to Sucre, Bolivia's "constitutional" capital and the home of the judicial branch and the Constituent Assembly (CA),Ambassador Goldberg made courtesy calls February 14-15 on the CA's MAS leadership and the opposition, MAS Governor (prefect) David Sanchez, the Supreme Court, the Constitutional Tribunal, and several prominent journalists and media analysts. Press coverage overall was favorable, particularly of a USAID computer donation to the Constitutional Tribunal. -------------- CONSTITUENT ASSEMBLY LEADERSHIP -------------- ¶3. (C) Meeting with the CA's MAS-dominated board of directors, Ambassador Goldberg said the United States and other countries were watching the constitutional process closely. Noting how difficult it is to modify the U.S. constitution, he explained how our democracy protects minorities. He expressed solidarity with the GOB's goal of social inclusion, highlighting U.S. achievements domestically towards the same ends. While recognizing that the CA process is a Bolivian matter, the Ambassador noted the legitimacy of international concern for a democratic outcome. ¶4. (C) MAS CA President Silvia Lazarte responded that the CA is an internal Bolivian matter. She said the MAS respects other countries but that "you shouldn't worry because it's not your problem." Lazarte said the Bolivian people want change and that the CA's leadership is delivering it. She blamed Bolivian poverty on previous governments' administration of natural resources. Lazarte claimed that in spite of political problems, the CA's leadership has an "understanding." She added the press complicates negotiations by exaggerating problems and "other parties" try to damage the CA's image. In her view, those who resisted the MAS were resisting needed reform. Lazarte said the MAS respects the opposition and its rights, arguing that the fact that the process was continuing proved the MAS' democratic commitment. On the CA's plenipotentiary nature, Lazarte confidently described the CA as autonomous and said the Constitutional Tribunal could not review its actions. ¶5. (C) A Podemos board member whom Lazarte reluctantly allowed to speak carefully dissented from the president's views. He said the CA had been a "traumatic" process. He also asserted that the Constitutional Tribunal is competent to review the CA's decisions, and agreed that all want a new constitution to resolve Bolivia's problems, but noted that the new constitution should work within existing democratic and institutional frameworks. He said while the process to date has been difficult, it will now be twice as hard to do in four months what delegates were given a year to achieve. A MAS delegate acknowledged the existence of differences among Bolivians, but said it was a positive sign that people are putting forward concrete CA proposals. He said the CA provides a framework for all to sit down together, which he believed was a big step toward conciliation. He said agreeing on the Assembly's rules had been difficult, but was an important process for lowering tension and suspicions on all sides. -------------- CA OPPOSITION NOTES SMALL VICTORIES -------------- ¶6. (C) In a subsequent lunch with members of the CA opposition from all political points of view, delegates warned against the MAS' intentions for a new constitution but also cited small victories to date. The opposition said the MAS' plans for the new system would largely follow the draft constitution circulated last year (reftel). Major changes may include restructuring departments to follow indigenous community organization, giving the indigenous the right to veto foreign investment, creating a "social power" to sit above all other government institutions (comprised of representatives from Bolivia's 38 indigenous groups plus four non-indigenous representatives),permitting presidential re-election, and establishing a unicameral congress. Most of the delegates agreed that the MAS is not eager to negotiate because the pressure from social sectors is too great, as demonstrated by the surges in Morales' popularity when he radicalizes. After citing the MAS' darker intentions, the opposition said Morales' lack of complete control in the CA represents an opposition victory. One delegate said the slow progress in the CA to date reveals a MAS weakness, and that while Morales may have started his term by thinking of long-term power, he now must focus on surviving the next five years. Another disagreed, stating that the MAS will get everything it wants in terms of the new constitution except presidential re-election. Like the congressional opposition, several delegates mentioned Morales' seemingly unlimited financial resources as their greatest challenge. -------------- JUDICIAL INDEPENDENCE AT RISK? -------------- ¶7. (C) Supreme Court President Hector Sandoval and several of his colleagues expressed serious concerns about judicial independence. Sandoval said the Supreme Court continues to defend Bolivia's independent judiciary, but said it is an uphill battle. The executive branch has publicly attacked the court and has cut judicial salaries in half (judges now earn less then $1,400/month),thus leading several justices to resign. The judges said Morales' administration directly interferes in active cases, stating that Vice Minister of Justice Nardi Suxo observes their deliberations in an attempt to guarantee outcomes favorable to Morales. Additionally, the judges lamented the executive branch's refusal to distribute the court's financial resources. (NOTE: The judicial sector receives 0.64 percent of the national budget. END NOTE). Two justices complained that they are the subject of political persecution and fear that Morales' allegations against them for past wrongdoings (which might be credible) will result in their removal from the bench. The judges also worried that Morales will institute reforms to popularly elect Supreme Court judges. All of these pressures, they said, endanger Bolivian democracy. The justices thanked the Embassy for past support and implored the Ambassador to continue funding judicial sector projects. Sandoval and his colleagues also cited a heavy judicial workload, judicial delays, and an outdated civil justice code (which they viewed as critical to stability and foreign investment) as continued challenges facing the court. ¶8. (C) Constitutional Tribunal (CT) President Elizabeth Iniguez raised similar concerns. Iniguez and her colleagues lamented Morales' public accusations of corruption against them following their ruling in the Lloyd Aereo Boliviano (LAB) airline case (reftel). While not made public, Iniguez said after the CT strongly rebuked the executive branch for its criticisms, Ministry of the Presidency Juan de la Quintana retracted Morales' statements via letter. Iniguez said while Morales has respected the CT's decisions to date, she fears he wants to implement popular election of the CT's judges, which she said would effectively "do away with the court." She showed the Ambassador a recent justice ministry pamphlet which discusses "decolonializing" the justice system and which represents a worse case scenario of judicial reforms (septel). She said her court had clearly asserted its authority to review CA decisions until a new constitution is promulgated, but wondered if the international community understands the current threats against the Bolivian judiciary. Like their Supreme Court colleagues, the judges mentioned a heavy workload and low staffing. Iniguez said the court has suffered because recent governments have been too distracted by social unrest to fill judicial vacancies. Iniguez hoped that by the end of the month, congress would approve (by a two-thirds vote) neutral candidates acceptable to all parties. -------------- PREFECT- MORE MAS THAN EVER -------------- ¶9. (C) In the Ambassador's meeting with MAS Prefect (governor) David Sanchez, the prefect was restrained in his comments, likely due to the presence of a MAS-imposed advisor. (NOTE: Sanchez himself is an anomaly in the MAS as an evangelical Christian who has courted close ties with the Embassy. END NOTE). Sanchez said he tries to remain neutral on departmental autonomy and to find middle political ground. He said social sectors voted strongly against autonomy in Chuquisaca, but that he and the other prefects agree there should be three layers of government -- national, state and local. They disagree, he said, on what the prefects' competencies should be. Sanchez defended and quoted Morales several times during the meeting, saying Morales is working hard to make Bolivia more "dignified." Admitting his formality (he wears a tie) and his race (non-indigenous) are problems, Sanchez said it is difficult for him to gain the confidence of the indigenous in his department because "they have their own leaders." The Ambassador responded that the United States also works to improve diversity and inclusion, but that it's important to respect the opinions of those who disagree with our approach. The Ambassador said he hoped that Bolivia's new system would be democratic, which prompted Sanchez to ask whether the Ambassador thought the MAS wasn't democratic. The Ambassador argued for the need to preserve institutions, further noting that a lack of respect for the other side often leads to conflict. Sanchez deferred to his MAS advisor to defend Morales' political project at length. The advisor did so, adding that if the United States wants to help Bolivian democracy, it should return former President Gonzalo Sanchez de Lozada to Bolivia to face justice. ¶10. (C) Sanchez also detailed the many challenges facing Chuquisaca, which is one of Bolivia's poorest departments. Sanchez said government statistics are outdated, but that Chuquisaca is likely last among Bolivia's nine departments in terms of health and education indexes. He said that in order to reach the national average, his office would have to double its support in those areas. He also asked for assistance with an annual fair for private businesses and a new airport. (NOTE: We had been told previously that Venezuela would construct the new airport, but such aid may have fallen through. Sanchez said his office financed a study by a Spanish firm, but he implied that he does not have funding for construction. END NOTE). -------------- CIVIC LEADERS AND MEDIA ANALYSTS -------------- ¶11. (C) The Ambassador also hosted a February 14 cocktail for civic leaders, as well as a February 15 breakfast with media analysts and opinion makers. The breakfast included the director of Correo del Sur, the only newspaper based in Sucre, and Radio La Plata, one of Sucre's oldest and most influential radio stations. The media analysts expressed concerns for Bolivian democracy, based in large part on Morales' attacks on the judiciary and the press. The group generally agreed that Morales' attacks have led to self-censorship, with one self-identified socialist underscoring his own strong concerns about Morales' "neo-populist authoritarianism." -------------- -------------- COMMENT: REASON TO BE CONCERNED ABOUT BOLIVIA'S JUDICIARY -------------- -------------- ¶12. (C) The judicial branch's first-hand accounts of their struggle to maintain independence were noteworthy for their strident tone. With that in mind, we will continue to look for ways to support Bolivia's courts as we did on this occasion via the donation of much-needed computer equipment. End comment. GOLDBERG