Identifier
Created
Classification
Origin
08SANTODOMINGO1819
2008-12-01 18:57:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Santo Domingo
Cable title:  

VISIT BY WHA DAS ROBINSON

Tags:  PREL PGOV PHUM KCRM SNAR DR 
pdf how-to read a cable
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DE RUEHDG #1819/01 3361857
ZNR UUUUU ZZH
P 011857Z DEC 08
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 1864
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHWN/AMEMBASSY BRIDGETOWN PRIORITY 2206
RUEHCV/AMEMBASSY CARACAS PRIORITY 0952
RUEHGE/AMEMBASSY GEORGETOWN PRIORITY 1116
RUEHKG/AMEMBASSY KINGSTON PRIORITY 2905
RUEHPO/AMEMBASSY PARAMARIBO PRIORITY 1240
RUEHPU/AMEMBASSY PORT AU PRINCE PRIORITY 4888
RUEHSP/AMEMBASSY PORT OF SPAIN PRIORITY 1944
RUEHUB/USINT HAVANA PRIORITY 0216
RHEFDIA/DIA WASHDC PRIORITY
RUMISTA/CDR USSOUTHCOM MIAMI FL PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
UNCLAS SANTO DOMINGO 001819 

SENSITIVE
SIPDIS

STATE FOR WHA DAS ROBINSON AND WHA/CAR

E.O. 12958: N/A
TAGS: PREL PGOV PHUM KCRM SNAR DR
SUBJECT: VISIT BY WHA DAS ROBINSON

REF: A. SDO 1729

B. SDO 1110

C. SDO 1608

D. SDO 561

E. SDO 1296

UNCLAS SANTO DOMINGO 001819

SENSITIVE
SIPDIS

STATE FOR WHA DAS ROBINSON AND WHA/CAR

E.O. 12958: N/A
TAGS: PREL PGOV PHUM KCRM SNAR DR
SUBJECT: VISIT BY WHA DAS ROBINSON

REF: A. SDO 1729

B. SDO 1110

C. SDO 1608

D. SDO 561

E. SDO 1296


1. (U) Summary: The November 17-19 visit of WHA Deputy
Assistant Secretary David Robinson and WHA/CAR Deputy
Director Willard Smith to the Dominican Republic provided
them an opportunity to hear first hand about the challenges
faced by the GODR and Embassy Santo Domingo - the energy and
fiscal crisis, the rise of populism in the region,
undocumented foreigners, constitutional reform and judicial
independence, as well as the need for more coordination on
law enforcement. The delegation met with the Ministers of
Foreign Affairs, Economic Planning and Development, and of
the Interior, as well as the Supreme Court's President and
many of the magistrates who make up the Central Elections
Board (JCE),including its president. GODR officials spoke
with helpful candor. USG officials were well received, and
conveyed continuity in our relationship while stressing the
need to regularize the status of undocumented Haitians in the
Dominican Republic and improve transparency and effectiveness
in public institutions. End Summary.

Economic and Energy Issues
--------------


2. (SBU) The delegation, accompanied by the Ambassador and
USAID Mission Director, met first with the Minister of
Economic Planning and Development, Temistocles Montas.
Montas explained the two main reasons for the electricity
crisis (ref A): First, the price of electricity paid by
consumers - which is set by the government - does not reflect
the real cost of services. Second, only 59 percent of bills
are paid. Moreover, instead of proceeding with a plan to
liberalize the market after four years, the government opted
in 2004 to enter into 15 year contracts with generators and
to provide subsidies for the poor. The results include an
increasing debt and increasing power outages - the latter now
provoking some protests and causing companies to cut
production and jobs. Montas believes the problems of tariffs
and non-payment must be addressed now that global fuel prices
have dropped.


3. (SBU) Minister Montas underscored the importance to the DR
of its close economic ties to the U.S., saying that

PetroCaribe - while apparently necessary to the DR during the
recent spike in global oil prices - may now not be of much
help. Montas mentioned that, in any event, participation in
PetroCaribe did not come with any political pressure. He
stressed that progress over the last 50 years in the DR has
really depended on access to the U.S. market. Montas
expressed the hope that an Obama administration would remain
committed to CAFTA-DR. He believes, moreover, that the
People's Republic of China represents a commercial threat
because its cheap labor has undermined manufacturing in the
U.S. and the textile industry in the DR, Mexico and Central
America. Finally, he commented that his recent USAID funded
trip to a Transparency International conference on corruption
made clear to him the world-wide consensus that corruption
adversely affects development. He hopes to put forward a
proposal for more "transparency" in the DR next year. The
U.S. side encouraged him to pursue that course.

Foreign Minister Surveys the Region
--------------


4. (SBU) The meeting with Foreign Minister Morales Troncoso
was a courtesy call turned tour d'horizon of the Latin
American, as well as Dominican, diplomatic and political
scene. He began by noting that the April 2009 Summit of the
Americas in Trinidad and Tobago likely would be President
Obama's first opportunity to "meet Latin America." The FM
continued with his assessment of "resurging radicalism over
the last several years" in the region and said that what has
happened in Venezuela and Bolivia "could happen in other
countries." Robinson noted that the challenge we
collectively face is to make the benefits of free markets and
democratic institutions reach the majority of citizens and
that the Pathways to Prosperity Initiative is a significant
step in that direction. Morales went on to suggest that OAS
Secretary General Insulza's desire to run for the presidency
in Chile hurts efforts to ensure democracy succeeds in, for
instance, Nicaragua, and added that the GON asked for but did
not receive support from the GODR in countering criticism for
mishandling recent elections.

"Regularization" of Haitians - and the Dead Hand of History
-------------- --------------


5. (SBU) The Central Elections Board (Junta Central Electoral
- JCE) - which oversees elections and the issuance of
identity documents - came out in force to meet with the
Ambassador, DAS Robinson and Deputy Director Smith. JCE
magistrates, as well as the Board's President, Julio Castanos
Guzman, pointed to a process it has initiated permitting
newborns of foreigners, including Haitians, to be registered
(using the "Pink Book" procedure - ref B). In the past year
they said, 200 of 300 children so registered were of Haitian
descent. The JCE also plans to write an "implementing
regulation" to ensure enforcement of the 2004 migration law,
but feels it must wait until the process of constitutional
reform (ref C) is completed. The US group again urged
attention to the plight of undocumented Haitians.

Proposed Reforms Threaten Supreme Court
--------------


6. (SBU) President of the Supreme Court Subero Isa had a
blunt message for the Ambassador, DAS Robinson, and Deputy
Director Smith: The proposed constitutional reforms would
reduce the Supreme Court to a mere "court of cassation,"
unable to decide constitutional or administrative law
questions. Specifically, Subero Isa complained, President
Fernandez wants to have a separate constitutional court and a
separate administrative court. A constitutional court would
lead to "endless litigation" according to Subero Isa, citing
the experiences of other nations. Worse, the planned
constitutional court would not be made up of career judges,
but seven persons selected - perhaps for political reasons -
by the Supreme Judicial Council (which itself includes
political leaders such as the President, Vice President and
the heads of the two houses of Congress). A separate
administrative tribunal would probably strip the Supreme
Court of its role in ensuring that the bureaucracy implements
laws and regulations fairly. Subero Isa also claimed that
the creation of these two new bodies would "cost more than
the current judiciary's budget."


7. (SBU) The Supreme Court's chief went on to say that
repeated conflict between the Supreme Court and the Executive
branch may lie behind the suggested reforms. In addition to
declaring several presidential decrees unconstitutional in
recent years, the Supreme Court asserted its independence,
and won public respect, in the Baninter case (ref D).
Ambassador Fannin agreed that under Subero Isa's leadership
the standing of the Supreme Court had improved. USAID noted
that, whereas for twenty years there had only been six
corruption cases, with one completed, in the last year 17
corruption cases have reached a final decision. Subero Isa
graciously replied that such finality would have been
impossible without the recent reform of the Criminal
Procedure Code - which was supported by the USG.


8. (SBU) Subero Isa then handed the U.S. team a copy of
observations the court submitted on November 3, as part of
the constitutional reform debate. Despite this input and
President Fernandez's assurance that the current proposal
could still be modified, Subero Isa called himself
"pessimistic." Then, despite his strong critique of the very
concept of a constitutional court, he added, "My two
conditions are: (1) such a court must be made up of career
judges, and (2) it must not be able to overturn Supreme Court
decisions."
Interior Ministry - Stove-piping Security?
--------------


9. (SBU) The DAS and Deputy Director also met with the
Minister of Interior and Police, Franklin Almeida.
Discussion centered on the growing narco-trafficking threat
faced by the DR (ref E),with Almeida commenting that "10
years ago we were just a bridge, but in the last few years
payments (by smugglers) in drugs has created
'micro-trafficking' and more violence, although most of the
population rejects violence."


10. (SBU) Almeida provided us with a copy of the Interior
Ministry's "security plan" for the nation, noting that the
ministry "works on prevention" while the Attorney General's
office handles prosecution. Almeida observed that the DNCD
(the counter-narcotics directorate),while trained by the
U.S. to interdict international drug flows, is not yet
capable of addressing local "micro-trafficking." In
response, the National Police - overseen by the Interior
Minister - has begun creating specialized units to support
the DNCD in the fight against micro-trafficking.


11. (SBU) Asked about plans by the Interior Ministry to issue
some kind of "carnet" to otherwise undocumented Haitians -
something reportedly not welcomed by the JCE which sees
itself as having jurisdiction in this area - Almeida said
they hope to start next year. He added, however, that
whatever process may be adopted will depend on constitutional
reforms that should address the nationality issue. He also
stressed that Dominicans, per Gallup polling data,
overwhelmingly agree that all foreigners (Cubans, Europeans
and Haitians) should be treated fairly and regularized.
Almeida also expressed his hope that President Obama will
help Haiti because, "there really is no government there."
The U.S. side reiterated our longstanding commitment to
cooperation in the drug fight and to the economic and
political development of both the DR and Haiti.


12. (SBU) (Note: Despite Almeida's references to some steps
towards better coordination, fissures in the system were
apparent. First, under the new Criminal Procedure Code,
prosecutors are supposed to help manage - but not perform -
criminal investigations (NAS training programs are addressing
this issue). Second, the Interior Minister acknowledged that
the police have yet to "get high-level people arrested." He
added that "there's a barrier if the military is involved."
End note.)


13. (U) DAS Robinson cleared this message.

(U) Please visit us at
http://www.state.sgov.gov/p/wha/santodomingo/
FANNIN