OPPOSITION CANDIDATE EXPECTS NO DAMAGES IN LIBEL

C O N F I D E N T I A L TUNIS 000259 SIPDIS STATE FOR NEA/MAG (PATTERSON/HAYES); DRL (JOHNSTONE/KLARMAN) LONDON AND PARIS FOR NEA WATCHER E.O. 12958: DECL: 04/24/2019 TAGS: PGOV PREL TS SUBJECT: OPPOSITION CANDIDATE EXPECTS NO DAMAGES IN LIBEL CASES; PLANS US VISIT TO COURT ELECTION OBSERVERS REF: A. TUNIS 167 ¶B. 08 TUNIS 1192 ¶C. 08 TUNIS 408 Classified By: Ambassador Robert F. Godec for reasons 1.4 (b) and (d) -------------- Summary -------------- 1.(C) In an April 23 meeting with PolOffs, Nejib Chebbi, founder of the independent opposition Progressive Democratic Party, said that: -- The five libel suits brought against him and the editor-in-chief of his party's newspaper appear doomed, since a court-appointed expert had submitted his findings that there was no financial damage as a result of a newspaper editorial that had been the basis for the complaints; -- He hopes to visit the United States May 18-25 to raise the international profile of Tunisia's October presidential and legislative elections. He would like to meet with US officials and democracy organizations. He will seek to interest US organizations in sending observers to the elections, since President Ben Ali has stated publicly that they will be welcome; -- Since no hotel was prepared to rent conference facilities for the party's national council, which was planned for April 25, the party will gather in front of the Ibn Rashiq House of Culture in downtown Tunis. They expect to be forcefully dispersed. Chebbi was realistic that democratic reform is a long-term proposition in Tunisia, but he was passionate about his readiness to pay a price to help build it. End Summary. -------------- Cases Closed? -------------- ¶2. (C) Nejib Chebbi, the founder and declared presidential candidate of the opposition Progressive Democratic Party (PDP) told PolOffs on April 23 that he expected five libel suits against him and Rachid Khachana, editor-in-chief of the PDP's Arabic-weekly al-Mowqif, to be resolved favorably. In May 2008, five vegetable oil companies had brought separate suits against them, claiming they suffered losses after al-Mowqif published an editorial in April 2008 asking the government to investigate rumors of unsafe cooking oil on the market (Refs B and C). The companies had been seeking 500,000 TD (US $416,666) and additional damages to be determined by an expert evaluation of lost future revenue. The cases had been postponed multiple times pending the assessment of the companies' losses by a court-appointed expert. Chebbi reported that the court-appointed expert had finally filed his report with the Court (over four months late). The report concluded that the oil companies had suffered no losses as a result of the al-Mowqif article. Chebbi attributed this development to the PDP's March 2009 decision to boycott the proceedings, opining that it created political pressure for the case to be dismissed. -------------- Chebbi to Visit the States -------------- ¶3. (C) Chebbi told PolOffs he would like to visit the United States May 18-25. His principal reason for visiting would be to reach out to US organizations involved in democracy promotion and/or election monitoring, including the National Endowment for Democracy, the National Democratic Institute for International Affairs, the National Republican Institute for International Affairs, Freedom House, and the Carter Center. He will try to pitch them on taking up President Ben Ali's offer, expressed in his Tunisian Independence Day speech (Ref A),that Tunisia would welcome "any observer" from Tunisia or "sisterly or friendly" countries to observe Tunisia's presidential and legislative elections, expected to take place in October 2009. Chebbi would also like to meet with appropriate officials in the Administration and the Congress, and may seek other meetings with think tanks. He will also engage the media. -------------- M'Dhaffer Clarifies -------------- ¶4. (SBU) There has been much speculation about what President Ben Ali really meant with respect to election observers. In an April 18 press conference, Zuhair M'Dhaffer, Minister for Civil Service and Administrative Development in the Prime Ministry, clarified that foreigners would be welcome as "guests" but he said they would serve as "observers" not as "monitors," explaining that any attempt to supervise or control the elections would represent an infringement on Tunisia's sovereignty. ¶5. (SBU) Responding to a related question, M'Dhaffer rejected the notion of setting up an independent committee for supervising the elections, something opposition parties have long called for. M'Dhaffer noted that the upcoming elections would be the 12th since Tunisia's independence. To create an independent commission would be tantamount to a vote of no confidence in the state of Tunisia, its justice system, and its constitutional council, he said. M'Dhaffer was also asked about the eligibility of the declared candidates of the PDP and the Democratic Forum for Labor and Freedom (FDTL), neither of whom meets the criteria established in a 2008 constitutional amendment of holding for a minimum of two years the elected leadership of their respective parties. He replied that it would be up to the Constitutional Council to make the final determination on eligibility. -------------- The PDP Responds -------------- ¶6. (C) In response to M'Dhaffer's statements, the PDP held its own press conference on April 21, at which party leaders again called for the creation of an independent committee to supervise the upcoming elections. PDP Secretary-General Maya Jribi and founder and presidential candidate Chebbi complained that the Interior Ministry's control of the electoral process -- from the registration of names and management of voter lists, to the counting of votes and the announcement of results, constitutes a conflict of interest in favor of the ruling party. They pointed to the Interior Minister's recent appointment as President of the ruling Constitutional Democratic Rally (RCD) party's mobilization committee as evidence of the overlap between the ruling party and the state. ¶7. (SBU) Jribi and Chebbi welcomed President Ben Ali's expressed openness to international elections observers. Indeed, they said the PDP had already invited European, American, and African organizations to send exploratory missions in advance of the elections. The purpose of these missions would be to review the legal framework and political environment to assess whether Tunisia could meet the minimum requirements for free and transparent elections. Jribi and Chebbi expressed concern about M'Dhaffer's "ambiguous" statement indicating that Tunisia would welcome "observers," not "monitors." They refused to engage in "word games," they said. Providing those in attendance with copies of a code of conduct for election observations missions that they had downloaded from the Internet, Chebbi emphasized that Tunisia would not need to re-invent the wheel with respect to observers for its elections. -------------- No Room at the Inn for PDP National Council -------------- ¶8. (C) The PDP was scheduled to hold its national council, comprised of some 200 members, on April 25. Chebbi told PolOffs that every hotel the party had contacted to rent conference facilities had claimed to be fully booked, however. He said that the PDP would be vocal in complaining about what it perceives to be an orchestrated campaign to deny the party freedom of assembly. For starters, the party would gather on April 25 in front of the Ibn Rashiq House of Culture in downtown Tunis. Jribi had already notified the Ministry of Interior of these plans, according to Chebbi. He said he was under no illusion that the MOI would let the gathering go forward. He predicted that the group would be dispersed by force, but said that this was a price the PDP was willing to pay to raise awareness. He contrasted the PDP's approach to Tunisia's upcoming elections with that of opposition parties in Algeria who had boycotted that country's elections, vowing, "We will not be so passive." He said the PDP intends to keep the pressure on the GOT and mobilize public opinion around key democratic rights. To this end, he added, the party has been holding small meetings all around the country. He said that they were attracting many youth at these gatherings. Chebbi recognized that democratic reform in Tunisia is a long-term proposition. "I may not be alive when democracy comes to Tunisia," he noted philosophically, "but I won't let that stop me from doing what I can to build it." -------------- Comment -------------- ¶9. (C) Chebbi was more realistic about the prospect for democratic reform than he has been in recent memory. He was no less passionate in expressing his commitment to defend democratic principals, however. He was certain that he would come under heavy criticism from the GOT and ruling party for visiting the United States (even though he would also be stopping off in Europe en route),joking that consulting with democracy organizations and US officials is traitorous in the eyes of the GOT. He said he is used to such mudslinging and opined that it would be a price worth paying, especially if he could raise the international profile of Tunisia's elections, and/or convince one or more democracy organizations to send observers. Pol/EconCouns took on board Chebbi's notional appointment requests and will be in touch with NEA/MAG via email. End Comment. Please visit Embassy Tunis' Classified Website at: http://www.state.sgov.gov/p/nea/tunis/index.c fm Godec