JOURNALIST USS DOMINICAN FOIA TO INVESTIGATE

UNCLAS SANTO DOMINGO 001081 SIPDIS SENSITIVE SIPDIS STATE FOR WHA, WHA/CAR, INR/IAA; USSOUTHCOM ALSO FOR POLAD; TREASURY FOR OASIA-JLEVINE; USDOC FOR 4322/ITA/MAC/WH/CARIBBEAN BASIN DIVISION; USDOC FOR 3134/ITA/USFCS/RD/WH E.O. 12958: N/A TAGS: ECON PGOV EAID DR SUBJECT: JOURNALIST USS DOMINICAN FOIA TO INVESTIGATE CONTROVERSIAL SUWAY PROJECT BACKGROUND -------------- ¶1. (SBU) he Santo Domingo subway project, one of President Leonel Fernandez's top national priorities, is cotroversial because of its high cost, lack of trasparent procurement, safety concerns, and other ssues. In comments yesterday to the newspaper Ho, Fernandez estimated the total cost of the subwy's construction at US$550 million. Other estimats range from US$700 million to US$1.2 billion. ¶2. (SBU) While there is no doubt that Santo Domino badly needs improved public transportation, critics charge that there are a number of less expensive alternatives to a subway system that are more appropriate for a small, developing country. The Dominican Republic ranks 94th on the UN's Human Development Index; fails all of Millennium Challenge Corporation's indicators for "Investing in People;" and faces serious problems in the areas of, inter alia, health, education, and access to potable water. Critics also charge that President Fernandez is more interested in a completing a prestige project than in solving the capital's transportation problems. ¶3. (U) The request for information on the subway is the first significant use of the Dominican Freedom of Information Act (FOIA) since its passage in 2004, and is seen by many here as a test not only of the legislation, but also of the Fernandez Administration's commitment to open, transparent governance and the rule of law. FOIA VICTORY -------------- ¶4. (U) Journalist Luis Eduardo "Huchi" Lora, a producer for the Telesistema 11 channel, took the Government to court after having repeated requests for information turned down. Lora states that he made his FOIA request -- submitted to the Presidential Transportation Reorganization Office (OPRET) regarding the subway's construction plans and geological surveys -- after a geologist informed him that the proper feasibility studies had not been carried out prior to the start of construction. ¶5. (U) Lora won the first round of his legal battle with the Dominican Government on April 27, when a local court ruled that OPRET must provide the requested information by May 2 or 
pay a fine of US$150 per day. In response to the ruling, OPRET Director Diandino Pena said that his office would appeal the decision on national security grounds. Over the course of the next week, the Government took heavy criticism in the press from Lora's fellow journalists. ¶6. (U) In an extensive interview with the newspaper Hoy on May 3, Fernandez fired back. The President challenged his critics to, "Tell me which metro is less expensive," and argued that the project was necessary because the population of Santo Domingo would grow to 6 million in the next 20 years. Fernandez said the subway is "rapid, efficient, safe, less dependent of fossil fuels, pollutes less, and provides the profile of the future that Dominican society should have." He argued that the subway is hurting him politically, but that he will press forward because he wants the best for the Dominican people: "(The subway project) may not be very attractive for the next elections (in 2008),but someone once said that statesmen don't govern for the next election but rather for the next generation. I know that this project will be appreciated by future generations." GOVERNMENT APPEAL -------------- ¶7. (U) Regarding the FOIA legislation, Fernandez said that the law's "principle, with which we all agree, is to make public all government acts." He added that the country was still learning how to apply the FOIA and that national security interests would prevent some information from being released. Finally, Fernandez said he supports OPRET's appeal of some aspects of the lower court's ruling. ¶8. (U) Civil society has been strongly supportive of FOIA legislation, and many applauded the court's ruling in the subway case. Sociologist and critic Ramon Tejada Holguin said, "What we are seeing is the start of the establishment of a culture of transparency, accountability, access to information, and citizens' participation in government decision-making." Habitual leftist and op-ed writer Hamlet Hermann captured the subway critics' anger and distrust of the authorities when he wrote, "Of all the officials' arrogance, do you know what bothers me the most? ) the continued insulting of the intelligence of the Dominican people. Do you remember when Diandino (Pena) assured us that metro fares would be (15-30 U.S. cents)? How could we not be offended by that great lie?... I should warn you not to sing a victory song. This ruling is only the start of a long struggle." COMMENT -------------- ¶9. (SBU) This is a developing story. On May 4, Pena said that, while OPRET is appealing some aspects of the lower court's ruling, his office would still comply by turning over documents that day. Given the controversy over the subway project's cost and the lack of transparency in procurement, the Embassy is intrigued and disappointed that Lora apparently did not request budget and contract details in his FOIA submission. We view the use of the FOIA law, as well as the debate over the subway system, as eminently healthy for Dominican democracy and governance -- even if Huchi Lora's victory is ultimately overturned on appeal. -- Drafted by Peter Hemsch (U) This report and extensive other material can be consulted on our SIPRNET site, http://www.state.sgov.gov/p/wha/santodomingo/ BULLEN