EVO BLASTS ELECTORAL COURT, ITS PRESIDENT, AND USG

C O N F I D E N T I A L LA PAZ 000046

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/10/2017
TAGS: PINR PGOV PREL BL
SUBJECT: EVO BLASTS ELECTORAL COURT, ITS PRESIDENT, AND USG

Classified By: Acting EcoPol Chief Brian Quigley
for reasons 1.4 (b) and (d).

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Summary
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1. (C) President Evo Morales used an unscheduled appearance
at the 2008 inauguration of the National Electoral Court
(CNE) to launch a diatribe against the CNE, the USG and the
highly respected outgoing CNE President, Salvador Romero.
Evo characterized himself as a "victim" of the "USG
manipulated" court. Prior to Evo's speech, Romero got in a
few, albeit subtler and more coherent, rhetorical jabs
against the president. Romero warned that the court's
independence is under threat, implying Morales and his
Movement Toward Socialism's (MAS) party are using various
methods to influence the electoral process. Romero also
directly chastised the government for failing to fund the
CNE's five year plan. Absent from Evo's diatribe was any
mention of his new CNE appointee, Jose Luis Exeni, a person
that the opposition sees as a committed leftist. Morales'
appointment of Exeni indicates that Evo is determined to
exert control over the CNE. End Summary.

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Outgoing CNE Leader Makes His Plea
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2. (SBU) CNE President Salvador Romero at the January 7
inauguration of the National Electoral Court( CNE),stressed
the need for an independent court, outlined the institution's
2007 accomplishments, and noted that the CNE faces threats on
numerous fronts. He pointed out that 35,000 new voters had
been registered in 2007, and that the CNE had corrected the
registration for 80,000 more. Romero attributed the increase
to the expansion of polling places, and to the fact that
under today's electoral system voter's can register anytime,
while in the past voters had merely a week or two to register
thus disenfranchising many citizens. Romero criticized the
Morales administration directly one time, when referring to
the government's refusal to fund the CNE's five year plan,
arguing the refusal endangered the court and Bolivia's
fledgling democracy.


3. (SBU) Romero indirectly showed his disapproval for the
Morales administration's treatment of the CNE by discussing
the "multiple threats" the court and its employees face on a
day-to-day basis. Romero cited the use of parallel
organizations )- clones of entities registered within the
national electoral system -- as a threat to democracy and the
electoral process. (Comment: The ruling MAS is known to have
created parallel civic bodies, unions and associations. These
clones are set-up to counter organizations that do not follow
the MAS-line. End Comment). Romero also noted that the
court has been flooded with cases in the last year; a tactic,
he argued, designed to bog-down the court. In a statement
that foreshadowed the President's speech, Romero then
commented on unfounded attacks against the CNE; attacks, he
explained, that put the CNE's credibility in doubt but which
are never followed-up with proof.

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Morales the Victim
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4. (SBU) President Morales used his speech to lambaste the
CNE, the USG, and outgoing CNE President Romero. Stating
that he needed to speak about his "life experience," Evo
explained how the court had personally "rejected" him and his
political parties as far back as 1995, referring to himself
as a "victim of the court." He talked of the court
"sabotaging" the Bolivian people's desire for political
transformation, and then repeatedly argued that the court has
been subordinated by the "Embassy," a clear reference to the
United States. The President argued the court purposefully
rejected petitions from his prior political parties (ASP and
IPSP),citing as evidence unnamed court "insiders" that had
told him that court officials would never rule in favor of
his political parties as long as he remained the ASP's and
IPSP's leader.


5. (SBU) Morales then turned his attention to personally
attacking Romero. Evo explained that he had heard that
Romero, in his "other job" as a law professor, had given
classes where he spoke out "against Evo." The president
stated it was incredible that a public servant who supposedly
represents an "impartial" and "independent" institution could
engage in such partisan behavior. Morales continued stating
that certain students had told him that they feared failing
Romero's class if they did not express anti-Evo and anti-MAS
opinions. The highly-respected Romero therefore suffered a
lack of ethics, according to Evo.

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The Invisible But Partial New Appointee
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6. (C) Noticeably absent from Evo's speech was any mention
whatsoever of his recent appointment, Jose Luis Exeni, to the
CNE. (Note: The CNE consists of five magistrates, four
appointed by Congress, one appointed by the President. End
Note). Exeni replaces Salvador Romero who was appointed by
former President Carlos Mesa in 2003. Earlier in the day,
Vice President Alvaro Garcia Linera presided over Exeni's
swearing-in; however, none of the sitting CNE justices were
present, an apparent break with CNE tradition.


7. (U) President Morales' new appointee Exeni has most
recently worked as a researcher for the United Nations
Development Program (UNDP). He has Bachelors in Social
Communication (1996) from the Bolivian Catholic University
and a Masters in Social Sciences (1998-2000) and Doctorate in
Political Science (2003) both from the Faculty of
Latin-American Social Sciences (FLACSO) in Mexico.


8. (C) Although he served as the CNE's National Director
for Citizen Education from 2003-2006, the opposition views
Exeni as a committed leftist. According to an opposition
senator his CNE tenure was cut short after he was accused of
politicizing voter education campaigns. The current Director
of Citizen Education, in a conversation with Emboff, called
Exeni's performance "immoral" and stated he would be
"unscrupulous" in trying to achieve his (read MAS)
objectives. Apparently Exeni jumped into the political
breach immediately after his swearing-in, asking Romero not
to speak at the inauguration and requesting that he himself
speak instead. The other two sitting CNE justices apparently
rejected Exeni's request. Exeni is also alleged to be the
person who informed to the surprise of his new colleagues,
that President Morales was planning to speak at the inaugural
ceremony.

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The Ambassador Meets the Press
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9. (SBU) The Bolivian press was understandably eager to
hear our Ambassador's response to Evo's allegations that the
USG had manipulated the CNE. The Ambassador firmly rejected
the accusation, calling U.S. assistance to the CNE technical,
transparent and honest. Responding to a question about the
state of democracy in Bolivia, the Ambassador stated that "we
support" Bolivian democracy, thus his appearance at the CNE's
inauguration, and reflected on the USG's long-time assistance
to the court mentioning that the CNE building itself was a
USG donation.

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Comment
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10. (C) Most objective observers view Salvador Romero as a
highly intelligent, effective and impartial magistrate who
helped the CNE carry out its responsibilities during
turbulent times including the 2003 Gas referendum, the 2005
prefecture and presidential elections, and the 2006
Constituent Assembly and Autonomy referendums. Ironically,
Romero presided over Evo Morales' ascension to the presidency
with dignity and professionalism. The same cannot be said
for Morales' appearance at Romero's farewell as CNE
president.


11. (C) The reactions to the two speeches perhaps reflected
the audience; there were many representatives from opposition
political parties and the diplomatic corps. The audience
clearly favored Romero's speech over President Morales'
diatribe. Romero's speech was received with strong applause
that lasted close to a minute, although Evo refrained from
joining. In contrast, Morales' speech received an anemic
reception, but at least Romero had the courtesy to clap for
Morales. Ex-President Carlos Mesa, in a private conversation
with the Ambassador, was incredulous of Morales' attacks,
calling them not only discourteous but also a "pack of lies."


12. (C) Romero's plea that the CNE remain an independent
body to protect the will of the Bolivian people and the
country's fragile democracy clearly did not penetrate "Evo
the victim's" ears. Evo's appointment of Jose Luis Exeni
indicates that he is looking for a more compliant court in
the future. End Comment.
GOLDBERG