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DE RUEHDG #1819/01 3361857
ZNR UUUUU ZZH
P 011857Z DEC 08
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 1864
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHWN/AMEMBASSY BRIDGETOWN PRIORITY 2206
RUEHCV/AMEMBASSY CARACAS PRIORITY 0952
RUEHGE/AMEMBASSY GEORGETOWN PRIORITY 1116
RUEHKG/AMEMBASSY KINGSTON PRIORITY 2905
RUEHPO/AMEMBASSY PARAMARIBO PRIORITY 1240
RUEHPU/AMEMBASSY PORT AU PRINCE PRIORITY 4888
RUEHSP/AMEMBASSY PORT OF SPAIN PRIORITY 1944
RUEHUB/USINT HAVANA PRIORITY 0216
RHEFDIA/DIA WASHDC PRIORITY
RUMISTA/CDR USSOUTHCOM MIAMI FL PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY

UNCLAS SANTO DOMINGO 001819 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA DAS ROBINSON AND WHA/CAR 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM KCRM SNAR DR
SUBJECT: VISIT BY WHA DAS ROBINSON 
 
REF: A. SDO 1729 
     ¶B. SDO 1110 
     ¶C. SDO 1608 
     ¶D. SDO 561 
     ¶E. SDO 1296 
 
¶1. (U) Summary: The November 17-19 visit of WHA Deputy 
Assistant Secretary David Robinson and WHA/CAR Deputy 
Director Willard Smith to the Dominican Republic provided 
them an opportunity to hear first hand about the challenges 
faced by the GODR and Embassy Santo Domingo - the energy and 
fiscal crisis, the rise of populism in the region, 
undocumented foreigners, constitutional reform and judicial 
independence, as well as the need for more coordination on 
law enforcement.  The delegation met with the Ministers of 
Foreign Affairs, Economic Planning and Development, and of 
the Interior, as well as the Supreme Court's President and 
many of the magistrates who make up the Central Elections 
Board (JCE), including its president.  GODR officials spoke 
with helpful candor.  USG officials were well received, and 
conveyed continuity in our relationship while stressing the 
need to regularize the status of undocumented Haitians in the 
Dominican Republic and improve transparency and effectiveness 
in public institutions.  End Summary. 
 
Economic and Energy Issues 
-------------------------- 
 
¶2. (SBU) The delegation, accompanied by the Ambassador and 
USAID Mission Director, met first with the Minister of 
Economic Planning and Development, Temistocles Montas. 
Montas explained the two main reasons for the electricity 
crisis (ref A): First, the price of electricity paid by 
consumers - which is set by the government - does not reflect 
the real cost of services.  Second, only 59 percent of bills 
are paid.  Moreover, instead of proceeding with a plan to 
liberalize the market after four years, the government opted 
in 2004 to enter into 15 year contracts with generators and 
to provide subsidies for the poor.  The results include an 
increasing debt and increasing power outages - the latter now 
provoking some protests and causing companies to cut 
production and jobs.  Montas believes the problems of tariffs 
and non-payment must be addressed now that global fuel prices 
have dropped. 
 
¶3. (SBU) Minister Montas underscored the importance to the DR 
of its close economic ties to the U.S., saying that 
PetroCaribe - while apparently necessary to the DR during the 
recent spike in global oil prices - may now not be of much 
help. Montas mentioned that, in any event, participation in 
PetroCaribe did not come with any political pressure. He 
stressed that progress over the last 50 years in the DR has 
really depended on access to the U.S. market.  Montas 
expressed the hope that an Obama administration would remain 
committed to CAFTA-DR.  He believes, moreover, that the 
People's Republic of China represents a commercial threat 
because its cheap labor has undermined manufacturing in the 
U.S. and the textile industry in the DR, Mexico and Central 
America.  Finally, he commented that his recent USAID funded 
trip to a Transparency International conference on corruption 
made clear to him the world-wide consensus that corruption 
adversely affects development.  He hopes to put forward a 
proposal for more "transparency" in the DR next year.  The 
U.S. side encouraged him to pursue that course. 
 
Foreign Minister Surveys the Region 
----------------------------------- 
 
¶4. (SBU) The meeting with Foreign Minister Morales Troncoso 
was a courtesy call turned tour d'horizon of the Latin 
American, as well as Dominican, diplomatic and political 
scene.  He began by noting that the April 2009 Summit of the 
Americas in Trinidad and Tobago likely would be President 
Obama's first opportunity to "meet Latin America."  The FM 
continued with his assessment of "resurging radicalism over 
the last several years" in the region and said that what has 
happened in Venezuela and Bolivia "could happen in other 
countries."  Robinson noted that the challenge we 
collectively face is to make the benefits of free markets and 
democratic institutions reach the majority of citizens and 
that the Pathways to Prosperity Initiative is a significant 
step in that direction.  Morales went on to suggest that OAS 
Secretary General Insulza's desire to run for the presidency 
in Chile hurts efforts to ensure democracy succeeds in, for 
instance, Nicaragua, and added that the GON asked for but did 
not receive support from the GODR in countering criticism for 
mishandling recent elections. 
 
"Regularization" of Haitians - and the Dead Hand of History 
--------------------------------------------- -------------- 
 
¶5. (SBU) The Central Elections Board (Junta Central Electoral 
- JCE) - which oversees elections and the issuance of 
identity documents - came out in force to meet with the 
Ambassador, DAS Robinson and Deputy Director Smith.  JCE 
magistrates, as well as the Board's President, Julio Castanos 
Guzman, pointed to a process it has initiated permitting 
newborns of foreigners, including Haitians, to be registered 
(using the "Pink Book" procedure - ref B). In the past year 
they said, 200 of 300 children so registered were of Haitian 
descent.  The JCE also plans to write an "implementing 
regulation" to ensure enforcement of the 2004 migration law, 
but feels it must wait until the process of constitutional 
reform (ref C) is completed.  The US group again urged 
attention to the plight of undocumented Haitians. 
 
Proposed Reforms Threaten Supreme Court 
--------------------------------------- 
 
¶6. (SBU) President of the Supreme Court Subero Isa had a 
blunt message for the Ambassador, DAS Robinson, and Deputy 
Director Smith: The proposed constitutional reforms would 
reduce the Supreme Court to a mere "court of cassation," 
unable to decide constitutional or administrative law 
questions.  Specifically, Subero Isa complained, President 
Fernandez wants to have a separate constitutional court and a 
separate administrative court.  A constitutional court would 
lead to "endless litigation" according to Subero Isa, citing 
the experiences of other nations.  Worse, the planned 
constitutional court would not be made up of career judges, 
but seven persons selected - perhaps for political reasons - 
by the Supreme Judicial Council (which itself includes 
political leaders such as the President, Vice President and 
the heads of the two houses of Congress).  A separate 
administrative tribunal would probably strip the Supreme 
Court of its role in ensuring that the bureaucracy implements 
laws and regulations fairly.  Subero Isa also claimed that 
the creation of these two new bodies would "cost more than 
the current judiciary's budget." 
 
¶7. (SBU) The Supreme Court's chief went on to say that 
repeated conflict between the Supreme Court and the Executive 
branch may lie behind the suggested reforms.  In addition to 
declaring several presidential decrees unconstitutional in 
recent years, the Supreme Court asserted its independence, 
and won public respect, in the Baninter case (ref D). 
Ambassador Fannin agreed that under Subero Isa's leadership 
the standing of the Supreme Court had improved.  USAID noted 
that, whereas for twenty years there had only been six 
corruption cases, with one completed, in the last year 17 
corruption cases have reached a final decision.  Subero Isa 
graciously replied that such finality would have been 
impossible without the recent reform of the Criminal 
Procedure Code - which was supported by the USG. 
 
¶8. (SBU) Subero Isa then handed the U.S. team a copy of 
observations the court submitted on November 3, as part of 
the constitutional reform debate.  Despite this input and 
President Fernandez's assurance that the current proposal 
could still be modified, Subero Isa called himself 
"pessimistic."  Then, despite his strong critique of the very 
concept of a constitutional court, he added, "My two 
conditions are: (1) such a court must be made up of career 
judges, and (2) it must not be able to overturn Supreme Court 
decisions." 
Interior Ministry - Stove-piping Security? 
------------------------------------------ 
 
¶9. (SBU) The DAS and Deputy Director also met with the 
Minister of Interior and Police, Franklin Almeida. 
Discussion centered on the growing narco-trafficking threat 
faced by the DR (ref E), with Almeida commenting that "10 
years ago we were just a bridge, but in the last few years 
payments (by smugglers) in drugs has created 
'micro-trafficking' and more violence, although most of the 
population rejects violence." 
 
¶10. (SBU) Almeida provided us with a copy of the Interior 
Ministry's "security plan" for the nation, noting that the 
ministry "works on prevention" while the Attorney General's 
office handles prosecution.  Almeida observed that the DNCD 
(the counter-narcotics directorate), while trained by the 
U.S. to interdict international drug flows, is not yet 
capable of addressing local "micro-trafficking."  In 
response, the National Police - overseen by the Interior 
Minister - has begun creating specialized units to support 
the DNCD in the fight against micro-trafficking. 
 
¶11. (SBU) Asked about plans by the Interior Ministry to issue 
some kind of "carnet" to otherwise undocumented Haitians - 
something reportedly not welcomed by the JCE which sees 
itself as having jurisdiction in this area - Almeida said 
they hope to start next year.  He added, however, that 
whatever process may be adopted will depend on constitutional 
reforms that should address the nationality issue.  He also 
stressed that Dominicans, per Gallup polling data, 
overwhelmingly agree that all foreigners (Cubans, Europeans 
and Haitians) should be treated fairly and regularized. 
Almeida also expressed his hope that President Obama will 
help Haiti because, "there really is no government there." 
The U.S. side reiterated our longstanding commitment to 
cooperation in the drug fight and to the economic and 
political development of both the DR and Haiti. 
 
¶12. (SBU) (Note: Despite Almeida's references to some steps 
towards better coordination, fissures in the system were 
apparent.  First, under the new Criminal Procedure Code, 
prosecutors are supposed to help manage - but not perform - 
criminal investigations (NAS training programs are addressing 
this issue).  Second, the Interior Minister acknowledged that 
the police have yet to "get high-level people arrested."  He 
added that "there's a barrier if the military is involved." 
End note.) 
 
¶13. (U) DAS Robinson cleared this message. 
 
(U) Please visit us at 
http://www.state.sgov.gov/p/wha/santodomingo/  
FANNIN