EMBASSY LA PAZ CONVENES DEMOCRACY WORKING GROUP

UNCLAS LA PAZ 000055 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL PGOV PHUM BL SUBJECT: EMBASSY LA PAZ CONVENES DEMOCRACY WORKING GROUP ¶1. (SBU) Summary: The Charge hosted February 12 a meeting of key resident ambassadors and UN High Commission for Human Rights (UNHCHR) representative Denis Racicot to launch an informal working group on democracy and human rights issues in Bolivia. The group reviewed the Bolivian government's report to the UN Human Rights Council's Universal Periodic Review in Geneva earlier that week and discussed concerns about anticipated Bolivian legislation on the judiciary, corruption and regulation of the media. We intend to ensure regular meetings of this group in the months ahead as the Morales government pursues its second-term legislative agenda. End summary. ¶2. (SBU) Resident ambassadors, embassy representatives and UNHCHR Racicot welcomed the U.S. initiative to exchange views on Bolivian democracy and human rights developments, agreeing that the international community needs to maintain a close watch, given the governing Movement toward Socialism (MAS) party's domination of the government, parliament, and, potentially, the judiciary. Participants agreed to the formation of an informal working group, hosted on a rotating basis, to review these issues and coordinate public and private responses to the GOB as needed. The initial group, whose membership is expected to grow, includes representatives from the U.S., UK, Dutch, Canadian, German, Danish and Swedish embassies, as well as UNHCHR. Dutch Ambassador de la Beij offered to host the next session. ¶3. (SBU) Racicot reported on the February 10 review of the Bolivian government's presentation to the UN Human Rights Council, within the Working Group of the Universal Periodic Review. Racicot indicated that Bolivia's report was warmly welcomed by its traditional ALBA and other developing country allies, and that most member states were able to find positive elements in Bolivia's presentation, while highlighting various key concerns. European, democratic Latin American neighbors and the U.S. raised concerns about the independence of the judiciary and media freedom, corruption, women's and children's rights, and the need to reconcile, under the new constitution, indigenous justice with ordinary justice and international norms. The Working Group produced 78 recommendations for Bolivia, all but one of which were accepted by the Bolivian delegation (the exception was a UK proposal to support a specific initiative for media self-regulation, which the GOB rejected on the grounds that it did not include employees as well as media owners). ¶4. (SBU) Racicot informed the working group that the GOB had agreed to renew the mandate of the UNHCHR office in Bolivia, which expires in July, and had also committed to issue a standing invitation to the UNHCHR's special procedures mechanisms. Racicot indicated that visits to Bolivia of special rapporteurs and experts on racism, freedom of expression and the judiciary have not yet been set, but will probably be spaced throughout the coming year. These offices can engage the GOB on their issues in the meantime, he said. Racicot also reported that UN High Representative Pallay may visit Bolivia this year, albeit briefly. ¶5. (SBU) Members of the La Paz working group voiced concerns about the passage that day of a so-called "short law" ("ley corta") empowering President Morales to appoint temporary judges to Bolivia's supreme court, constitutional tribunal and judicial council, until constitutionally-mandated popular elections for these posts in December (septel). All recognized the need for some stop-gap measure to stand up these otherwise vacant institutions, but agreed that the law as enacted places too much authority in the hands of the executive and could seriously undermine the independence of the judiciary. The group observed that elections in December, with candidates selected by the MAS-controlled parliament, could also yield courts biased in favor of the government. ¶6. (SBU) The GOB has announced an ambitious legislative agenda of reforms and measures to conform the law to the requirements of the new constitution. Media reports and remarks by GOB officials suggest that some of these proposed laws could raise human rights concerns, although in most cases we do not yet have access to actual drafts. One such measure concerns strengthening sanctions against corruption. While the current Bolivian anti-corruption regime is widely viewed as inadequate, the new measures reportedly under consideration include retroactivity (or, alternatively, elimination of statutes of limitation),shifting the burden of proof to the defendants, and trials in absentia. Working group members resolved to obtain drafts of this and other proposed legislation at the earliest opportunity. ¶7. (SBU) The general consensus of the La Paz working group, as articulated by UK Ambassador Baker and Dutch Ambassador de la Beij, was that Bolivia currently enjoys a free press -- at least in comparison to other Latin American countries -- but that the GOB's comments about new restrictions could portend a serious threat to freedom of expression (septel). In January, President Morales declared that new legislation would ensure that the press "no longer lies," and media reports suggested that the GOB was looking at tougher libel sanctions and a prohibition on the use of unnamed sources. Following a fierce outcry from journalists and NGO's and redoubled efforts at self-regulation, the GOB appeared to backtrack. Still, the Swedish aid representative informed the working group that her government is looking at funding a media watchdog organization, to complement efforts of Bolivian media and NGO's. ¶8. (SBU) Comment: This first session of the democracy and human rights working group revealed considerable agreement among the members regarding the current situation and potential threats in Bolivia, as well as a common resolve to continue to coordinate closely on these issues. Our goal in the months ahead is to support the engagement of the UN with the GOB and to ensure the broadest possible international response to the Bolivians whenever needed. Creamer