VZCZCXYZ0000
PP RUEHWEB

DE RUEHDG #1081/01 1272036
ZNR UUUUU ZZH
P 072036Z MAY 07
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 8168
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHWN/AMEMBASSY BRIDGETOWN PRIORITY 2051
RUEHCV/AMEMBASSY CARACAS PRIORITY 0761
RUEHGE/AMEMBASSY GEORGETOWN PRIORITY 0965
RUEHKG/AMEMBASSY KINGSTON PRIORITY 2737
RUEHPO/AMEMBASSY PARAMARIBO PRIORITY 1099
RUEHPU/AMEMBASSY PORT AU PRINCE PRIORITY 4591
RUEHSP/AMEMBASSY PORT OF SPAIN PRIORITY 1799
RUEAIIA/CIA WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY 1649
RUMISTA/CDR USSOUTHCOM MIAMI FL PRIORITY

UNCLAS SANTO DOMINGO 001081 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA, WHA/CAR, INR/IAA; USSOUTHCOM ALSO FOR POLAD; 
TREASURY FOR OASIA-JLEVINE; USDOC FOR 
4322/ITA/MAC/WH/CARIBBEAN BASIN DIVISION; USDOC FOR 
3134/ITA/USFCS/RD/WH 
 
E.O. 12958: N/A 
TAGS: ECON PGOV EAID DR
SUBJECT: JOURNALIST USS DOMINICAN FOIA TO INVESTIGATE 
CONTROVERSIAL SUWAY PROJECT 
 
 
BACKGROUND 
---------- 
 
¶1. (SBU) he Santo Domingo subway project, one of President 
Leonel Fernandez's top national priorities, is cotroversial 
because of its high cost, lack of trasparent procurement, 
safety concerns, and other ssues.  In comments yesterday to 
the newspaper Ho, Fernandez estimated the total cost of the 
subwy's construction at US$550 million.  Other estimats 
range from US$700 million to US$1.2 billion. 
¶2. (SBU) While there is no doubt that Santo Domino badly 
needs improved public transportation, critics charge that 
there are a number of less expensive alternatives to a subway 
system that are more appropriate for a small, developing 
country.  The Dominican Republic ranks 94th on the UN's Human 
Development Index; fails all of Millennium Challenge 
Corporation's indicators for "Investing in People;" and faces 
serious problems in the areas of, inter alia, health, 
education, and access to potable water.  Critics also charge 
that President Fernandez is more interested in a completing a 
prestige project than in solving the capital's transportation 
problems. 
 
¶3. (U) The request for information on the subway is the first 
significant use of the Dominican Freedom of Information Act 
(FOIA) since its passage in 2004, and is seen by many here as 
a test not only of the legislation, but also of the Fernandez 
Administration's commitment to open, transparent governance 
and the rule of law. 
 
FOIA VICTORY 
------------ 
 
¶4. (U) Journalist Luis Eduardo "Huchi" Lora, a producer for 
the Telesistema 11 channel, took the Government to court 
after having repeated requests for information turned down. 
Lora states that he made his FOIA request -- submitted to the 
Presidential Transportation Reorganization Office (OPRET) 
regarding the subway's construction plans and geological 
surveys -- after a geologist informed him that the proper 
feasibility studies had not been carried out prior to the 
start of construction. 
 
¶5. (U) Lora won the first round of his legal battle with the 
Dominican Government on April 27, when a local court ruled 
that OPRET must provide the requested information by May 2 or 
pay a fine of US$150 per day.  In response to the ruling, 
OPRET Director Diandino Pena said that his office would 
appeal the decision on national security grounds.  Over the 
course of the next week, the Government took heavy criticism 
in the press from Lora's fellow journalists. 
 
¶6. (U) In an extensive interview with the newspaper Hoy on 
May 3, Fernandez fired back.  The President challenged his 
critics to, "Tell me which metro is less expensive," and 
argued that the project was necessary because the population 
of Santo Domingo would grow to 6 million in the next 20 
years.  Fernandez said the subway is "rapid, efficient, safe, 
less dependent of fossil fuels, pollutes less, and provides 
the profile of the future that Dominican society should 
have."  He argued that the subway is hurting him politically, 
but that he will press forward because he wants the best for 
the Dominican people:  "(The subway project) may not be very 
attractive for the next elections (in 2008), but someone once 
said that statesmen don't govern for the next election but 
rather for the next generation.  I know that this project 
will be appreciated by future generations." 
 
GOVERNMENT APPEAL 
----------------- 
 
 
¶7. (U) Regarding the FOIA legislation, Fernandez said that 
the law's "principle, with which we all agree, is to make 
public all government acts."  He added that the country was 
still learning how to apply the FOIA and that national 
security interests would prevent some information from being 
released.  Finally, Fernandez said he supports OPRET's appeal 
of some aspects of the lower court's ruling. 
 
¶8. (U) Civil society has been strongly supportive of FOIA 
legislation, and many applauded the court's ruling in the 
subway case.  Sociologist and critic Ramon Tejada Holguin 
said, "What we are seeing is the start of the establishment 
of a culture of transparency, accountability, access to 
information, and citizens' participation in government 
decision-making."  Habitual leftist and op-ed writer Hamlet 
Hermann captured the subway critics' anger and distrust of 
the authorities when he wrote, "Of all the officials' 
arrogance, do you know what bothers me the most? ) the 
continued insulting of the intelligence of the Dominican 
people.  Do you remember when Diandino (Pena) assured us that 
metro fares would be (15-30 U.S. cents)?  How could we not be 
offended by that great lie?...  I should warn you not to sing 
a victory song.  This ruling is only the start of a long 
struggle." 
 
COMMENT 
------- 
 
¶9. (SBU) This is a developing story.  On May 4, Pena said 
that, while OPRET is appealing some aspects of the lower 
court's ruling, his office would still comply by turning over 
documents that day.  Given the controversy over the subway 
project's cost and the lack of transparency in procurement, 
the Embassy is intrigued and disappointed that Lora 
apparently did not request budget and contract details in his 
FOIA submission.  We view the use of the FOIA law, as well as 
the debate over the subway system, as eminently healthy for 
Dominican democracy and governance -- even if Huchi Lora's 
victory is ultimately overturned on appeal. 
 
-- Drafted by Peter Hemsch 
 
(U) This report and extensive other material can be consulted 
on our SIPRNET site, 
http://www.state.sgov.gov/p/wha/santodomingo/  
BULLEN