NATIONAL ASSEMBLY SEALS THE FATE OF CARACAS MAYOR

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000445 SIPDIS HQSOUTHCOM ALSO FOR POLAD DEPARTMENT PASS TO AID/OTI (RPORTER) E.O. 12958: DECL: 03/23/2029 TAGS: PGOV KDEM VE SUBJECT: NATIONAL ASSEMBLY SEALS THE FATE OF CARACAS MAYOR LEDEZMA REF: CARACAS 441 CARACAS 00000445 001.3 OF 002 Classified By: POLITICAL COUNSELOR FRANCISCO FERNANDEZ, FOR REASON 1.4(D) ¶1. (C) Summary: The Chavista-dominated National Assembly (AN) is set to pass the Federal District Law April 7 to create a new Vice President of the Republic for Caracas, appointed by President Chavez, whose authorities are expected to completely marginalize the opposition Mayor of Greater Caracas, Antonio Ledezma. In a final attempt to rally support and exhaust his legal avenues, Ledezma has sought to intercede the bill's passage by appealing before the AN, the Supreme Court (TSJ),the Ombudsman's office, and the National Electoral Council (CNE). All of these state institutions, however, have been completely subjugated to the executive and will not stand in the way of the law's approval. Its passage will be a fatal blow to Ledezma's authority and probably that of the four opposition (of five total) municipal-level mayors of Caracas. End Summary. ¶2. (C) The AN is submitting the proposed law to a second discussion and vote April 7, which is expected to pass by a wide margin by the overwhelmingly Chavista legislature. The law will create a Vice President of Caracas, to be appointed by the executive, who will oversee the administration of Libertador municipality -- the only of the five boroughs technically within the capital district. The others (El Hatillo, Sucre, Chacao, and Baruta) are located within Miranda State and are all governed by opposition municipal-level mayors. Ledezma's position administers the Greater Caracas region, which includes all five boroughs. It is unclear how the new VP position will interact with Ledezma, but it seems likely that Chavez intends for his appointee's authorities to supersede those of Ledezma -- and if so, the AN and TSJ will make it happen. -------------- LEDEZMA TRIES EVERYTHING -------------- ¶3. (SBU) In a highly-publicized event, Ledezma and his supporters marched from the mayor's office to the AN April 6 to demand his right to an audience with the legislators. The metropolitan police and National Guard tried to disperse his crowd of supporters with rubber bullets and tear gas, resulting in several injuries. The opposition MEDIA printed front-page photos the following day of Ledezma with arms raised confronting rows of police in riot gear. Ledezma was allowed to enter the AN and meet with its secretary, Ivan Zerpa, to turn in his petition for an audience -- which, as of the next day, had not been answered. He published half-page letters to the AN in local newspapers April 7 denouncing the bill and demanding his right to a legislative audience. ¶4. (SBU) Ledezma has also submitted a request to the TSJ for an injunction ("amparo") against the proposed law until he is granted an opportunity to consult on the issue -- a right legally guaranteed as an elected official. Ledezma said that he distrusted the judicial system but pledged that it is nonetheless necessary to comply with the law. He added that "if necessary, I will give my life for the liberty and democracy that the Venezuelan people deserve." Ledezma submitted a complaint before the national omsbudman on the grounds that the actions of the police had violated his human rights. Minister of the Interior Tarek El Aissami responded to Ledezma's complaints, arguing that the violence was the mayor's fault for trying to breach the secure zone surrounding the AN building. On April 7, Ledezma went before the CNE to demand a popular referendum on the law. -------------- COMMENT -------------- ¶5. (C) Ledezma has tried to block the passage of the federal district law through every possible legal avenue, to no avail. This marginalization comes on the heels of the political persecution of opposition leader and Maracaibo mayor Manuel Rosales (reftel),eliminating the two most highly-visible opposition figures in Venezuela. The AN is rumored to be drafting a similar law to create vice presidencies for each state -- an effective method of undercutting what remains of opposition wins in the November 2008 state and local elections. Prior to allowing the CARACAS 00000445 002.3 OF 002 opposition to take office, Chavistas gutted the municipalities and governorships the opposition won, transferring productive assets to the central government. Chavez then nationalized the ports and airports in opposition states, depriving the opposition governments of another major revenue stream. This latest move will strip political power and much of the revenue from the opposition governors, making it much more difficult to deliver any services to their constituents. Opposition mayors who have a local tax base may fare better, at least for now. End Comment. CAULFIELD