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

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importance of continuing to strengthen the rule of law.
ANTWEILER