LATVIAN PRESIDENT DELAYS IMPLEMENTATION OF

C O N F I D E N T I A L SECTION 01 OF 02 RIGA 000192 SIPDIS SIPDIS E.O. 12958: DECL: 03/12/2017 TAGS: PINR ASEC PGOV KCRM PREL NATO LG SUBJECT: LATVIAN PRESIDENT DELAYS IMPLEMENTATION OF CONTROVERSIAL SECURITY LAWS REF: A) RIGA 161 (EXDIS/NOTAL) B) 06 RIGA 792 C) RIGA 56 Classified By: Charge d'affaires a.i. Phillip L. Antweiler ¶1. (C) Summary: President Vike-Freiberga invoked a heretofore never used constitutional provision to delay for two months controversial amendments to the laws on the oversight of Latvia's security services. She said it was clear that the government had unduly rushed the legislation adding that additional time would allow the government and parliament to reflect on the issue. Constitutionally, collection of signatures for a referendum on the laws is now mandated, but the President hopes that an improved version of the laws can be passed by a super majority in parliament, avoiding a referendum. Doing so will require cooperation from both government and opposition and could be a challenge. We will need to stay engaged to ensure that any new proposals do not repeat the mistakes of the earlier version. This episode is an example of the potential for Latvian backsliding on rule of law issues as politicians look inward to "take care" of their own. The possibility of changes in the laws underscores our continued influence on these issues and the importance senior leaders attach to maintaining Latvia's international reputation. End summary. ¶2. (U) On Saturday, March 10, President Vike-Freiberga used her constitutional authority to delay for two months the coming into force of amendments to the laws on oversight of Latvia's security services passed by parliament March 1 (ref A). This is the first time in nearly eight years in office that she has used this authority. In making the announcement, the President said that it was clear that the government had rushed in making these decisions and that she wanted to give the government and parliament time to reflect on the issue and consider next steps. The President was especially critical of the new powers granted to the small Intelligence Analysis Service, which was given the power to issue top secret level clearances without regard to NATO standards and to carry out investigations of other security and intelligence agencies, despite lacking the staff or professional expertise to do either. She also made indirect reference to the laws' real purpose being to interfere in law enforcement/anti-corruption investigations of politically 
influential individuals. The President's action follows an announcement March 8 from the head of parliament's National Security Committee that unspecified provisions in the recently adopted laws should be reconsidered. ¶3. (U) The President had previously sent the laws back to parliament after their initial passage, but on March 1, they were passed again in identical form, leaving the President only two constitutional options: promulgate the laws or take the action she did on Saturday. Under article 72 of Latvia's constitution, while the law's implementation is suspended for two months, the Central Election Commission must begin collecting signatures for a possible national referendum on the laws. About 120,000 signatures would be needed, and if not enough are collected, the law would go in to force as currently written in early May. ¶4. (C) According to the President's Chief of Staff, Andrejs Pildegovics, Vike-Freiberga hopes that a referendum will not be needed. Article 72 also cancels the referendum if the law is passed again by a three-fourths majority of Parliament. Pildegovics said that it was possible for modifications to be made before this new parliamentary vote and the President hopes to work with the government to craft a new and better proposal that could garner the super majority in parliament. We understand that Pildegovics has already begun discussions with Prime Minister Kalvitis on the outlines of such legislation. ¶5. (C) Comment: The President is making the best of her limited constitutional options, which does not come without risk. There likely won't be enough signatures for a referendum and the President isn't hoping for one. But crafting a proposal that can get 75 votes in parliament means working with the opposition, either the disorganized and demoralized center-right New Era or the ethnic Russian-based, more leftist, parties. Both have their own reasons to play hard to get on this. Nevertheless, the President's move sets the stage for more serious discussion of this important issue and it is clear that our engagement on the issue here and at NATO has helped get us to this point. Now we need to stay engaged to ensure that any revisions to the proposals remove the most egregious elements of the old ones. As we have previously reported (refs b & c),now that Latvia is in the EU and NATO there is less of an imperative to continue consolidation of the rule of law and more room for seeking political favors. We will have to continue to remind key leaders that acheiving membership does not diminish the RIGA 00000192 002 OF 002 importance of continuing to strengthen the rule of law. ANTWEILER