DEMARCHE ON DEMOCRACY IN VENEZUELA

C O N F I D E N T I A L SECTION 01 OF 03 STATE 154674 SIPDIS SIPRNET DISTRIBUTION SIPDIS E.O. 12958: DECL: 11/01/2017 TAGS: PGOV VE PHUM WHA EU SUBJECT: DEMARCHE ON DEMOCRACY IN VENEZUELA REF: A. STATE 133106 ¶B. CARACAS 00002124 001.2 OF 002 ¶C. CARACAS 01483 Classified By: WHA A/S Thomas A Shannon for Reason 1.4(d) ¶1. (C) Summary. Department requests action addressees demarche host governments, at the highest appropriate level, to: 1) share our concerns about the anti-democratic changes in the proposed constitutional reform package; 2) highlight growing dissension within Venezuela and the increasingly repressive methods employed by the GoV; and 3) request that host governments join the voices of international concern regarding GoV lack of adherence to its commitments under the Inter-American Democratic Charter. Department also requests updates on any discussions on the constitutional reform issue as requested in reftel (State 133106). End summary. ¶2. (C) Amidst growing calls within and outside the government to modify or postpone the vote on the massive constitutional changes proposed by President Chavez, the Venezuelan National Assembly, comprised entirely of Chavez supporters, on November 2 approved the package. The first group of changes would give the executive unprecedented powers (see reftel), including the ability for the president to run indefinitely. A second set of changes includes proposals to eliminate certain due process rights and freedom of information and expression during vaguely defined states of emergency or "special circumstances." Within Venezuela, there is growing dissent, even among Chavez supporters, notably the small chavista party "Podemos" (We Can),whose National Assembly deputies chose to abstain rather than vote for the reforms. A large and energized student movement, launched during the government's crackdown on media freedom earlier this year, has mobilized protests across the country. The Venezuelan Episcopal Conference has come out against the changes, and, together with the opposition and civil society, is appealing to Venezuelans to oppose this effort to restrict their freedoms. Outside Venezuela, Human Rights Watch, Reporters without Borders, and the Inter-American Press Association all have expressed concern about the latest changes. Barring unforeseen events, the package will be put to a vote in a referendum planned for December 2. -------------- OBJECTIVES -------------- ¶3. (C) Action Request. Department requests that posts approach our hemispheric and European partners, at the highest appropriate, level to: 1) share our concerns about the anti-democratic changes in the proposed constitutional reform package; 2) highlight growing dissension within Venezuela and the increasingly repressive methods employed by the GoV; and 3) request that host governments join the voices of international concern regarding GoV efforts to undermine democracy -- in disregard of its commitments under the Inter-American Democratic Charter. -------------- BACKGROUND AND TALKING POINTS -------------- ¶4. (SBU) The following information is provided to action officers as background; while action officers may draw on it as necessary, they should NOT leave the points behind. -- As evidenced by the adoption of the Inter-American Democratic Charter on September 11, 2001, the Western Hemisphere has made tremendous progress in the areas of democracy and human rights. -- The constitutional changes proposed by the Chavez government constitute a huge step back for Venezuelan democracy and run counter to positive trends in the hemisphere. -- Key elements of the reforms undermine fundamental rights. STATE 00154674 002 OF 003 They would give the executive unchecked emergency powers; expand the state's ability to seize private property; mandate that workers receive ideological instruction in their free time; limit if not eliminate foreign donor funding of NGOs and civil society; enhance control of the media; and make it the military's mission to fight the "empire." -- One of the most worrisome changes would eliminate certain due process rights and freedom of expression and information during vaguely defined states of emergency or "special circumstances." The government would be able to detain and hold citizens without charging them and shutdown independent TV and radio broadcasts. Human Rights Watch, Reporters without Borders, and the Inter-American Press Association all have condemned these proposed measures. -- Other proposed reforms would further undermine the separations of powers; abolish presidential term limits; eliminate the autonomy of the central bank and allow the executive to manage state finances; allow the executive to create regional vice-presidents and "community councils," whose authority will supersede that of elected governors and mayors; and transfer sovereignty from the electorate to hand-picked community councils consolidated within a new branch of government under executive control. -- Within Venezuela, there is growing dissent, even among Chavez supporters, notably the small chavista party "Podemos" (We Can),whose National Assembly deputies abstained rather than vote for the reforms. The student movement is re-energized and mobilizing protests across the country. The opposition, civil society, and the Venezuelan Episcopal Conference are appealing to Venezuelans to oppose this effort to restrict their freedoms. -- The GoV response, aimed at silencing critical voices, is increasingly harsh. GoV supporters have disrupted student marches to provoke confrontations and violence. Two students were killed in the Western state of Zulia in a drive-by shooting perpetrated by Chavez supporters. The electoral authority has barred certain informational and anti-constitutional reform spots from airing on TV. In late October, security forces raided a printing press, which was developing informational materials for opposition parties. On November 4, President Chavez publicly instructed security forces, cabinet ministers, and local mayors to thwart the student protests. President Chavez has repeatedly lashed out against Catholic Church leaders. -- Article 3 of the Inter-American Democratic Charter sets forth the "essential elements of representative democracy": "respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic free and fair elections... the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government." -- Venezuela must be reminded of its commitments under the Democratic Charter and other international instruments. Secretary Rice has noted repeatedly that democracy is not SIPDIS just about free and fair elections, though that is a necessary condition. Democratically elected governments must govern democratically. -- Recently, Canada and El Salvador joined the United States in expressing concern and underlining the importance of these commitments at a September 6 OAS Permanent Council meeting. -- Due to concerns about the steady deterioration of democracy, threats to civil liberties, and the proposed changes to the constitution, Venezuela has been excluded from the Community of Democracies Ministerial, which will be held in Mali later this month. The only other country in the hemisphere left out was Cuba. -- Amending a nation's constitution is a solemn exercise. GoV control of the electoral authority, vast resources, and intimidation tactics raise serious concerns about the STATE 00154674 003 OF 003 fairness of any future referendum on the reforms. Venezuelan citizens should be able to participate in a free and transparent process and to express their views on the merits of the proposal without fear of retribution. Of note to posts on NGO funding and media freedom: -- One of the less known amendments would prohibit certain NGOs and civil society groups from receiving foreign donor support. This amendment to Article 67 would "prohibit financing for associations with political purposes or which participate in electoral processes." The language, clearly aimed at groups such as the electoral and civic watch-dog NGO Sumate, is ambiguous enough to allow for a broader application. -- Another change to that same article would limit the "use of public spaces and access to media in electoral campaigns." ¶5. (SBU) The following points are for Embassy Madrid, Paris, and Vatican respectively. -- For Madrid: Secretary Jimenez's meetings with opposition leaders, civil society, and members of the dissident Podemos party during her October 31 visit sent an important signal. We encourage Spain to express concern about the rapid deterioration of democracy and to continue to support civil society. -- For Paris: We encourage President Sarkozy to take advantage of Chavez's upcoming visit to impress upon him Venezuela's democratic obligations and to voice concern about the substance of the reforms. -- For Vatican: On October 17, the Venezuelan Episcopal Conference (CEV) issued a strongly worded statement raising its concerns about the threat to fundamental freedoms. We understand members of the CEV will travel to Rome to meet with the Pope the week of November 5. We encourage the Vatican to urge other Episcopal conferences to speak out in support of the CEV. ¶6. (U) Department appreciates prompt delivery and reporting of demarche response. Department requests that all posts use the SIPDIS caption in their response. Please direct any questions to Lourdes Cue at 202-647-4984 or via email at Cuelc@state.sgov.gov RICE