US embassy cable - 04CARACAS2201

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 002201 
 
SIPDIS 
 
 
NSC FOR CBARTON 
USCINCSO ALSO FOR POLAD 
    STATE PASS USAID FOR DCHA/OTI 
 
E.O. 12958: DECL: 07/08/2014 
TAGS: PGOV, PHUM, KDEM, VE 
SUBJECT: GOV GAG RULE ON INTERNATIONAL OBSERVERS 
 
 
CLASSIFIED BY: ABELARDO A. ARIAS, ACTING DEPUTY CHIEF OF MISSION, FOR R 
EASONS 1.4(B) AND (D). 
 
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SUMMARY 
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1. (C) VENEZUELA'S NATIONAL ELECTORAL COUNCIL (CNE) APPROVED 
ON JUNE 23 THE REGULATIONS FOR INTERNATIONAL OBSERVERS DURING 
THE AUGUST 15 PRESIDENTIAL RECALL REFERENDUM.  THE RULES 
STIPULATE THAT OBSERVERS  WILL HAVE FULL ACCESS TO VOTING 
SITES AND CNE OFFICES, BUT MAY NOT MAKE PRESS STATEMENTS OR 
RELEASE INFORMATION TO THE MEDIA.  THE GOV RESERVES THE RIGHT 
TO DENY OR REVOKE THE ACCREDITATION OF ANY MEMBER OF THE 
OBSERVER MISSIONS.  WRITTEN TO AVOID REPEATING THE 
EXPERIENCES OF THE SIGNATURE DRIVE AND APPEALS PROCESS WITH 
THE OAS AND THE CARTER CENTER (TCC), THE REGULATIONS AS 
CURRENTLY DRAFTED WOULD HAMPER INTERNATIONAL OBSERVATION. 
END SUMMARY. 
 
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CNE APPROVES OBSERVER REGULATIONS 
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2. (C) THE NATIONAL ELECTION COMMISSION (CNE) APPROVED ON 
    JUNE 23 (AND FINALIZED ON JULY 2) THE REGULATIONS FOR THE 
INTERNATIONAL OBSERVER MISSIONS DURING THE AUGUST 15 
REFERENDUM.  THE ELEVEN-ARTICLE RESOLUTION OUTLINES THE 
MISSION, SELECTION, ACCESS, RESPONSIBILITIES, AND 
RESTRICTIONS OF THE INTERNATIONAL OBSERVERS.  THE RESOLUTION 
HIGHLIGHTS FOUR MAJOR PRINCIPLES FOR THE INTERNATIONAL 
OBSERVERS: RESPECT OF THE SOVEREIGNTY OF VENEZUELA, 
IMPARTIALITY, NEUTRALITY, AND TRANSPARENCY.  THE RULES 
STIPULATE THAT OBSERVERS "MAY NOT OPINE OVER THE INTERNAL 
AFFAIRS OF VENEZUELA."  OBSERVERS WILL BE PLACED UNDER THE 
SUPERVISION OF A CNE COMMITTEE HEADED BY PRO-CHAVEZ DIRECTOR 
OSCAR BATTAGLINI. 
 
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HAND-PICKED OBSERVERS 
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3. (C) THE RULES EMPOWER THE CNE TO INVITE OBSERVERS, WITH 
THE FORMAL INVITATION TO BE RELAYED BY THE MINISTRY OF 
FOREIGN RELATIONS.  THE CNE MAY ALSO DENY OR REVOKE 
ACCREDITATION TO INDIVIDUALS FROM THE INTERNATIONAL OBSERVER 
MISSION WHO DO NOT COMPLY WITH THE STANDARDS AND REQUIREMENTS 
LAID OUT IN THE REGULATIONS.  OPPOSITION CNE DIRECTORS 
EZEQUIEL ZAMORA AND SOBELLA MEJIAS VOTED AGAINST THE ARTICLES 
WHICH GIVE THE CNE AUTHORITY TO DENY OR REVOKE OBSERVER 
STATUS AND THE LIMITATION ON THE OBSERVERS' REPORTING ONLY TO 
THE CNE IN CONFIDENCE. 
 
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LOOK, BUT DON'T SPEAK 
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4. (C) THE APPROVED RESOLUTION GRANTS OBSERVERS FREE MOVEMENT 
AROUND THE COUNTRY AND OPEN COMMUNICATION WITH POLITICAL 
PARTIES AND PEOPLE ASSOCIATED WITH THE REFERENDUM PROCEDURES. 
 THE OBSERVERS HAVE ACCESS TO THE BUILDINGS, SITES, AND 
SPACES OF ALL ELECTORAL AUTHORITIES.  UPON REQUEST, THE 
OBSERVER MISSIONS HAVE ACCESS TO THE INFORMATION, DOCUMENTS, 
AND ARCHIVES OF THE CNE.  TCC REPRESENTATIVE EDGARDO MIMICA 
TOLD THE AMBASSADOR ON JULY 2 THAT THE CNE WANTED TO MAKE 
THEIR SCHEDULES AND ESCORT OBSERVERS, WHICH TCC FINDS 
UNWORKABLE. 
 
5. (C) THE RULES DO NOT MENTION WHETHER OBSERVERS CAN DO 
"QUICK COUNTS" OR PROJECTIONS ON ELECTION DAY.  THE 
RESOLUTION STATES, HOWEVER, THAT THE OBSERVERS "CANNOT MAKE 
DECLARATIONS TO THE MEDIA, OR RELEASE STATEMENTS OR DOCUMENTS 
OF THE OBSERVER'S OPINIONS DURING THE ELECTORAL PROCESS." 
THE OBSERVER MISSIONS ARE REQUIRED TO PRESENT THE CNE WITH 
CONFIDENTIAL INFORMAL REPORTS AT THE END OF THE ELECTORAL 
 
SIPDIS 
PROCESS, WHICH THE CNE RESERVES THE RIGHT TO PUBLISH. 
OBSERVERS ARE RESTRICTED FROM MAKING SURPRISE VISITS TO SEE 
THE CNE BOARD (AS FORMER PRESIDENT JIMMY CARTER DID DURING 
THE APPEALS PROCESS) WITHOUT WRITTEN CONSENT.  OBSERVERS, 
 
CARACAS 00002201  002 OF 002 
 
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OPPOSITION DECRIES "GAG RULE" 
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6. (U) ON JUNE 29, ASDRUBAL AGUIAR, INTERNATIONAL LIAISON FOR 
THE COORDINADORA DEMOCRATICA, ATTACKED THE OBSERVER 
REGULATIONS FOR THEIR EMPHASIS ON SOVEREIGNTY, WHICH HE 
CALLED AN EXCUSE FOR DICTATORIAL REGIMES SUCH AS THOSE OF 
PINOCHET, FUJIMORI, AND CASTRO.  AGUIAR ASSERTED THAT THE CNE 
RESOLUTION IS A "GAG RULE" BECAUSE OBSERVERS CANNOT COMMENT 
ON INTERNAL AFFAIRS OF THE STATE OR MAKE STATEMENTS TO THE 
PRESS.  HE ASSERTED THAT THE RESOLUTION VIOLATES THE MAY 29 
AGREEMENT BETWEEN THE OPPOSITION AND GOV AND THREATENS 
CONSTITUTIONAL REGULATIONS THAT PROTECT HUMAN RIGHTS.  AGUIAR 
QUESTIONS HOW INTERNATIONAL OBSERVERS WILL BE ABLE TO 
EVALUATE TRANSPARENCY AND THE ELECTORAL PROCESS, BUT ONLY BE 
ABLE TO PRESENT FINDINGS CONFIDENTIALLY.  WITHIN THE CNE, 
THERE ARE DISAGREEMENTS ABOUT THE NEW REGULATIONS. 
 
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COMMENT 
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7. (C)  THE INTERNATIONAL OBSERVER REGULATIONS RESTRICT THE 
ACCREDITATION PROCESS AND THE REPORTING ABILITY OF THE 
INTERNATIONAL OBSERVERS.  THE CONTENTIOUS POINTS -- PRESS 
STATEMENTS, APPROVAL OF INDIVIDUAL OBSERVERS, NO UNANNOUNCED 
VISITS -- ALL SEEK TO REDRESS THE CNE'S EARLIER CONFLICTS 
WITH THE OAS/TCC OBSERVERS.  BATTAGLINI WAS CRITICAL OF THE 
INTERNATIONAL OBSERVERS THEN AND WILL NOW HEAD THE COMMITTEE 
TO OVERSEE THEM.  THE OBSERVERS APPEAR TO BE WILLING TO WALK 
THE FINE LINE DRAWN BY THE CNE TO A POINT, BUT THEY WILL NOT 
COME JUST TO GIVE BLIND APPROVAL.  STILL, ONCE THE OBSERVERS 
ARE ON THE GROUND, IT WILL BE POLITICALLY DIFFICULT FOR THE 
CNE TO CONTROL THEM, ESPECIALLY LUMINARIES SUCH AS FORMER 
PRESIDENT JIMMY CARTER OR OAS SECGEN CESAR GAVIRIA. 
MCFARLAND 
 
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      2004CARACA02201 - CONFIDENTIAL