US embassy cable - 05TEGUCIGALPA872

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 000872 
 
SIPDIS 
 
STATE FOR WHA/CEN, WHA/PPC, WHA/USOAS, AND DRL/PHD 
STATE PASS AID FOR LAC/CAM AND DCHA/DG 
 
E.O.  12958: N/A 
TAGS: PGOV, PREL, KDEM, HO 
SUBJECT:  HONDURAN SUPREME ELECTORAL TRIBUNAL:  THE FIGHT FOR 
POWER BETWEEN NATIONAL AND LIBERAL PARTIES 
 
REF: Tegucigalpa 1541 
 
1.  Summary:  There is a growing dispute for control of the 
Honduran Supreme Electoral Tribunal (TSE) and the National 
Registry of Persons (RNP).  These two key institutions are not 
yet free from the influence of the two traditional parties in 
Honduras.  The upcoming general elections, scheduled for November 
27, could be tarnished if a crisis erupts between Nationalists 
and Liberals who are vying to control the institutions which are 
central to the electoral process.  The presidency of the TSE is 
vital because whomever controls the TSE can make decisions which 
will favor or damage a particular political party or campaign. 
Management of the RNP is crucial because it is responsible for 
producing 1.2 million identity cards, which are also critical for 
the electoral process.   End summary. 
 
Battle for Control of TSE and RNP 
--------------------------------- 
 
2.  There is a growing dispute for control of the Honduran 
Supreme Electoral Tribunal (TSE) and the National Registry of 
Persons (RNP).  The TSE and RNP are key institutions for the 
upcoming general elections, scheduled for November 27, and could 
be tarnished if a crisis erupts between National and Liberal 
Parties for control of the two institutions. 
 
What Triggered the Crisis 
------------------------- 
 
3.  The Secretary General of the Central Committee of the 
National Party and congressional candidate, David Matamoros 
Batson, said recently that there should be a balance in the 
control of key electoral institutions and that it is not 
acceptable for the Liberal Party to control both entities during 
an electoral year.  He reiterated his partisan views at TSE 
headquarters on April 12, adding that a Consultative Committee 
had to resolve the issue since all five of the political parties 
would be represented.  No official position from the National 
Party has been forthcoming, however Matamoros said he speaks for 
the party and reiterated that new negotiations over the TSE's 
leadership's posts must take place.  President of Congress 
Porfirio "Pepe" Lobo, the National Party presidential candidate, 
who also controls the Central Committee for the National Party, 
followed Matamoros' declarations with his own public statement 
stating that a balance must be struck in the control of the TSE 
and the RNP. 
 
2004 Negotiations and the TSE Rotation Plan 
------------------------------------------- 
 
4.  When the original negotiations for the control of the TSE and 
RNP took place in 2004, they were part of a package that divided 
political patronage posts through which the Christian Democrats, 
favored due to their alliance with the National Party in 
Congress, were able to get a significant share of patronage 
positions.  As a result of those negotiations, the National, 
Liberal, and Christian Democratic parties all have key positions 
at the TSE and the RNP, as well as the Supreme Accounts Tribunal 
(TSC) and Congress.  Meanwhile the other small parties, National 
Innovation and Unity Party (PINU) and the Democratic Union Party 
(UD), were frozen out. 
 
5.  The presidency of the TSE is vital because whomever controls 
the TSE can make decisions which will favor or damage a 
particular political party or campaign.  Management of the RNP is 
crucial because it is responsible for producing 1.2 million 
identity cards also crucial for the electoral process.  The 
rotation of leadership posts was reached by the TSE magistrates 
at the initial meeting of the TSE on May 17, 2004.  The signed 
agreement declared that the presidency of the TSE would follow 
this order:  Nationalist Jacobo Hernandez Cruz (2004-2005), 
Liberal Aristides Mejia Carranza (2005-2006) and Christian 
Democrat Jose Saul Escobar (2006-2007).  Mejia had proposed that 
Hernandez assume the presidency first, from May 17, 2004 to May 
17, 2005; the TSE magistrates voted unanimously for the proposed 
rotation of the presidency. 
 
6.  In the case of the RNP, the institution is led by Ramon 
Izaguirre, a member of the Liberal Party.  He was chosen by 
Congress in 2004 for a five-year term thanks to a Liberal Party 
alliance with the smaller parties for the vote.  At the same time 
Congress chose one sub-director from the Christian Democratic 
Party and one second sub-director from the National Party, both 
for five-year terms as well. 
 
What the Law says 
----------------- 
 
7.  By law, the National Congress elects the magistrates at the 
TSE and Director and sub-directors at the RNP.  Chapter 2, 
 
SIPDIS 
Article 10 of the reformed Electoral Law says that the 
magistrates for the TSE will elect among them the president of 
the institution, a presidency that will rotate every year.  The 
election of the president of the TSE must occur during the first 
meeting of the TSE and no president will be able to serve as 
president again until all three magistrates have presided over 
the TSE.  One notable point is that in practice and reality, the 
TSE will not be under the control of the Liberals to the extent 
 
SIPDIS 
implied by some Nationalists.  The TSE president cannot make 
unilateral decisions - the TSE's decisions must reflect the 
majority opinion of the magistrates.  If the other two 
magistrates disagree with decisions by the TSE president, the 
majority can overrule the president. 
 
8.  With respect to the RNP, according to Articles 54 and 55 of 
the Electoral Law, positions are held for five years and there is 
no mention of rotation between the Director and sub-directors. 
 
9.  Comment:  The battle between the parties is not surprising, 
but Post doubts there will be a change in the planned TSE 
presidency rotation or that Liberal Party control threatens 
Nationalist interests.  A switch at this time, however, could 
cause even greater chaos and hinder planning for the TSE's 
administration of the general election.  It will be hard for the 
National Party to walk away from a consensus plan their 
representative on the TSE signed.  In fact, in recent days 
National Party grumbling has begun to subside.  As far as the RNP 
directorship, there appears to be even less grounds for a change. 
End Comment. 
 
Pierce