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RR RUEHWEB

DE RUEHZP #0267/01 0412206
ZNR UUUUU ZZH
R 102206Z FEB 06
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 7368
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHBO/AMEMBASSY BOGOTA 2162
RUEHCV/AMEMBASSY CARACAS 0938
RUEHQT/AMEMBASSY QUITO 0824
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
RUEKJCS/OSD WASHDC
RHMFISS/CDR USSOUTHCOM MIAMI FL//J5/J2/POLAD//

UNCLAS PANAMA 000267 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR WHA/CEN, AND INL 
SOUTHCOM FOR POLAD 
 
E.O. 12958:N/A 
TAGS: PGOV PREL PINR SNAR PM
SUBJECT: PANAMA:  RULING PARTY LEGISLATORS DISGRUNTLED AT 
PRESIDENT TORRIJOS 
 
 
SUMMARY 
------- 
¶1. (SBU) PRD legislators are angry at President Martin 
Torrijos for failing to consult and for ordering them 
around.  Several ruling-party legislators told Emboff 
recently that they are disappointed and feel "used" by a 
Torrijos leadership style they see as arrogant, high-handed, 
presumptuous, and abusive.  The lawmakers further complained 
that Torrijos is strongly influenced by non-PRD elite 
Panamanians, such as VP/Foreign Minister Samuel Lewis, 
lawyer Jaime Arias and his older brother, Christian 
Democratic Party/Partido Popular founder (and former VP) 
Ricardo Arias Calderon.  Despite their private misgivings 
and against their better judgment, legislators say Torrijos 
in December "forced" them unnecessarily (but 
constitutionally) to grant him special legislative decree 
powers.  Panama's 1972 Constitution, promulgated by military 
dictator Omar Torrijos, father of Martin, concentrates power 
in the executive, while making legislators prisoners of 
their parties yet unaccountable to their constituents. 
Dissatisfaction within the PRD could spell trouble for 
Torrijos down the road.  End summary. 
 
No consultation 
--------------- 
¶2. (SBU) In separate recent meetings with Emboff, several 
ruling party legislators expressed disappointment and anger, 
and confided that they feel "used" by the GOP and 
specifically by President Torrijos.  (Note:  Emboff met 
separately with Chairman of the Legislative Health Committee 
Jose Baruco; former Majority Leader and current Chairman of 
the Credentials Committee Freidi Torres; and Chairman of the 
Labor Committee Leandro Avila.) 
 
¶3. (SBU) Legislator Baruco commented that even though as 
Torrijos controls the Assembly (his party has 43 out of 78 
legislators) which assures the approval of all of his bills, 
Torrijos should at least consult with them.  "He abuses us. 
From him we only get "you do this and you do that."  The 
Executive branch doesn't even bother to ask for our 
opinions," Baruco lamented.  Baruco was also embarrassed to 
admit that the National Assembly had ratified Supreme Court 
alternate Justice Janina Small last December even though she 
did not meet all the legal requirements.  We ratified her 
just because he asked for it, Baruco said.  We did not even 
look at her background.  Now we have to do it all over 
again.  (Note: Civil society representatives, including the 
President of the National Bar Association, publicly 
criticized the appointment and ratification of Small as 
illegal.  The GOP was forced to withdraw the appointment and 
is now in the process of appointing a new alternate justice. 
End note.) 
 
Special legislative powers 
-------------------------- 
¶4. (SBU) Last December, at President Torrijos's request the 
PRD-controlled National Assembly granted him special 
legislative powers ("poderes especiales") to rule by decree 
while the assembly is in recess (Jan 1-February 28) to rule 
on ten specific topics.  Legislators Jose Baruco and Freidi 
Torres claimed that he should have not asked for approval to 
rule on ten topics.  They agreed though that he needed to 
create a Canal trust urgently to start using Canal funds for 
social projects and thereby aid the chances for passage of a 
referendum to widen the Canal. 
 
¶5. (SBU) Labor Chairman Leandro Avila, who has one of the 
most impressive electoral mandates in the country, told 
Emboff that he did not show up for the vote to grant special 
legislative powers to Torrijos and did not send his 
alternate to vote either.  "He (Torrijos) has too much power 
as it is, he did not need more," Avila complained. 
 
PRD outside, but not inside ("PRD solo por fuera no por 
dentro") 
--------------------------------------------- ---------- 
¶6. (SBU) One of the complaints common to these legislators 
and other PRDers is that Torrijos does not listen to the 
broad voice of the party during the decision-making process 
 
as in past PRD administrations.  Former Majority Leader 
Torres said that the secret motto inside the party is that 
Torrijos is "PRD outside but not inside" referring to 
Torrijos's alleged disregard of the PRD membership. 
According to Torres and Avila, and other Embassy contacts, 
Vice President and Foreign Minister Samuel Lewis Navarro and 
lawyer Jaime "Jimmy" Arias strongly influence Torrijos. 
"They are the only ones he listens to (Baruco, Torres, and 
Avila all agreed.)" (Note:  Both Lewis and Arias are members 
of Panama's white "rabiblanco" and are not members of the 
PRD.)  The legislators acknowledged that PRDers Jorge 
Eduardo Ritter (a former Foreign Minister under the Noriega 
military regime) and Adolfo Ahumada (Canal board member and 
senior advisor to Foreign Minister Lewis) do exert influence 
on President Torrijos. 
 
The "small group" 
---------------- 
¶7. (SBU) Legislator Torres shared with Emboff that key 
traditional PRD activists have formed what they call the 
"petite comite" which often meets discretely to discuss, 
analize and complain among themselves about President 
Torrijos and his decisions.  The petite comite includes 
Housing Minister Balbina Herrera (probably the most popular 
cabinet member), Minister of Government and Justice Hector 
Aleman, Legislative President (and fifth term legislator) 
Elias Castillo and Torres.  Herrera and Aleman both aspire 
to the vice presidential nomination in 2009 and must be 
discreet as not to anger Torrijos and risk losing support, 
not to mention fear of his potential influence over the 
party's 2009 presidential candidate. 
 
A PB comeback? 
-------------- 
¶8. (SBU) Former Panamanian President Ernesto Perez 
Balladares (1994-1999), who has openly criticized Torrijos 
for not employing PRDs in the government after taking power, 
among other things, is campaigning to become the party 
President during the 2007 internal elections.  Though Perez 
Balladares is not well liked within the party, many 
disgruntled party members could end up supporting him the 
three legislators agreed.  His possibilities to win could 
increase if either (Cabinet members) Herrera or Aleman 
decide to support him.  Current Panama City Mayor Juan 
Carlos Navarro is quietly but actively campaigning for a 
2009 presidential candidacy.  But Navarro is being careful 
prior to 2007 PRD internal elections are still unknown. 
 
Comment: 
-------- 
 
The 1972 military constitution 
------------------------------ 
¶9.  (U) Panama is ruled by a dictator's constitution 
promulgated in 1972 under the late General Omar Torrijos's 
military regime.  Though amended in 1983, 1994 and 2004, the 
constitution fosters a "strong Presidentialist system". 
Legislative seats do not belong to the individual who ran 
for election, but to the party that nominated the 
individual.  Once elected, legislators are not accountable 
to their constituents, but to their party.  Though they 
nominally represent an electoral district, in fact they 
become national legislators and there is no way for voters 
to demand actions from them.  Panamanian electoral law, 
backed by the Constitution, allows political parties to 
bring legislators to internal trial in case they vote 
against the "party line" and can lose their seats if they 
defy party orders.  Legislators become prisoners of their 
parties. 
 
¶10. (SBU) Regardless of internal PRD complaints against 
Torrijos and his ruling style, nothing in Panama will change 
under his administration or future ones without in-depth 
amendments to the Constitution and the Electoral law.  There 
are no indications that the ruling party (PRD) or the 
largest opposition party, Partido Panameista, would support 
such in-depth reforms.  Party leaders enjoy and profit from 
the level of power they exercise over their legislators. 
What's going on under the Torrijos administration has 
 
happened in the past and is not news.  But societal changes 
and demands for more participation are encouraging 
legislators to speak up. 
 
Eaton #