VZCZCXRO3098
PP RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #3371/01 3341808
ZNR UUUUU ZZH
P 301808Z NOV 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC PRIORITY 9207
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC
RHMFISS/DEPT OF ENERGY WASHINGTON DC
RHMFISS/HQS USNORTHCOM
RHEHAAA/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 02 MEXICO 003371 
 
SENSITIVE, SIPDIS 
 
STATE FOR WHA/MEX, WHA/EPSC, EB/IFD/OMA, AND DRL/AWH 
STATE PASS TO DOL ILAB CRISPIN RIGBY 
 
E.O. 12958: N/A 
TAGS: ECON ELAB PREL PGOV MX
SUBJECT: RESULTS OF SME NATIONAL PROTEST: HOW WILL IT END? 
 
A: Mexico 2865 
¶B. Mexico 2933 
¶C. Mexico 2978 
¶D. Mexico 3200 
 
¶1. (SBU) Summary: The much anticipated Sindicato Mexicano de 
Electricistas (SME) national protest took place as planned on 
November 11, causing significant traffic complications in the Mexico 
City area. Sympathizers demonstrated in around 25 states with 
activities and participation ranging from impressive to symbolic. 
Mexico City officials estimate that crowds reached around 100,000, 
but a definitive count is difficult to ascertain because of the 
12-hour length and geographic dispersion of activities. Martin 
Esparza, ex-secretary general of the SME, proclaimed the protest a 
success and called for a national strike sometime before December. 
As of the November 14 cut-off date, more than 60% of former Luz y 
Fuerza del Centro (LFC) workers had accepted the government's 
severance package. The government's reaction to future SME protests 
will likely be less tolerant of inconveniences to third parties and 
interruptions to the flow of business. End Summary. 
 
Limited National Impact 
----------------------- 
¶2. (SBU) In Mexico City the Asamblea Nacional de Resistencia Popular 
(ANRP), the SME's umbrella organization for rallying support, 
produced a crowd of around 100,000 people from at least 34 different 
social, labor, and student groups including the diocese of Saltillo, 
university workers and students, Mujeres Libres, Andres Manuel Lopez 
Obrador's movement, and the tram workers' union. The Partido 
Revolucionario Democratico (PRD) and other left-leaning political 
parties sent representatives. By far the largest contingent came 
from the Sindicato de Telefonistas de la Republica Mexicana (STRM) 
who turned out in great numbers throughout the country to support 
the SME. 
 
¶3.  (SBU) The ANRP movement was intended to provoke a day of 
protests and solidarity around the country. Esparza stated that 
mobilizations took place in 31 states while other sources claim that 
there were significant activities in 18. By far the most important 
protests were in Puebla and Hidalgo where LFC had provided services 
and jobs and in Oaxaca where 70,000 dissident teachers marched in 
solidarity. Elsewhere around the country, protesters numbered in the 
hundreds. In most of the states, protesters combined concerns about 
the national budget or industry-specific issues with demonstrations 
of solidarity with SME. Telephone workers combined  solidarity with 
the SME with their own issues: the right to offer the "triple play" 
package of phone, TV, and internet services and in protest of the 3% 
increase in the telecommunications tax. Telephone workers who 
protested did so in spite of Telmex owner Carlos Slim's statement 
that the day would be counted against anyone who failed to report to 
work. In some states, demonstrators blocked access to the Comision 
Federal de Electricidad (CFE) buildings to protest CFE's takeover of 
LFC. 
 
Mostly Peaceful Activities 
-------------------------- 
¶4.  (SBU) While disruptive, the ANRP march on November 11 was 
largely peaceful. Protesters limited themselves to the activities 
planned by the ANRP and never seemed to lose sight of the need for 
support from the public. Sparking some controversy, protesters 
carried the standard of the Virgin of Guadalupe with them in the 
march alongside their pro-LFC placards. Caravans of slow-moving 
vehicles choked traffic in affluent residential neighborhoods and 
blocked internal traffic arteries. One of the clearly unsuccessful 
activities of the national protest from the SME point of view was 
the failure of Mexico City to put out the lights between 7.30 and 
9.30 PM. Sources close to the energy secretary and CFE claim to have 
noticed very little difference in usage. The only violence reported 
came from the marchers' occupation of tollbooths on five major 
highway entrances to Mexico City. ANRP supporters closed tollbooths 
and allowed motorists to pass without paying on three highways. On 
the Mexico-Cuernavaca highway, police used teargas to break up the 
protest. On the Mexico-Queretaro highway a confrontation sent 22 
people to the hospital with slight injuries and left eleven 
protesters under arrest. 
 
Results of the March - ANRP and GOM 
----------------------------------- 
¶5.  (SBU) Esparza said he was pleased with the protest and the 
support the ANRP received and that the national strike will take 
place before December. The GOM declared itself supportive of 
citizens' rights to protest and express themselves but suggested 
that it will be much less tolerant of interruptions to the rights of 
other citizens in the future. After the November 11 protest, the 
rate of former LFC workers accepting severance increased, and by the 
November 14 cutoff, 62% of former LFC workers had accepted 
 
MEXICO 00003371  002 OF 002 
 
 
severance. Esparza disputes this number, stating that his own 
figures are much lower. The GOM countered that their numbers are 
auditable and a matter for the public record. CFE has begun the 
process of rehiring some of the LFC workers who have accepted 
severance. Workers who join CFE will receive a stipend and a 
transportation bonus during two months of training. CFE is expected 
to offer contracts to 1000 workers by the end of November. 
 
Changes in the Courts 
--------------------- 
¶6. (SBU) Meanwhile, the SME's struggle to regain its existence is 
moving through the legal system. The SME achieved an important 
victory early in its legal battle when a judge ruled that the Junta 
Federal de Conciliacion y Arbitraje (JFCA) could not make a ruling 
on the case until all lawsuits had been settled in the courts. Since 
then, however, the SME has received less favorable decisions. On 
November 11, the president of the Supreme Court declared that 
Article 97 of the Mexican Constitution only allows the president, 
the National Congress, governors, and courts to bring a request for 
the creation of a special commission to investigate the legality of 
the liquidation of LFC, a petition originally brought by the SME. 
The judge did, however, decide to allow other court justices to 
review the petition, citing the cases of the Guarderia ABC of 
Hermosillo and San Salvador Atenco as precedent. Also on November 
11, a different Supreme Court judge threw out the petition presented 
by the Legislative Assembly of the Distrito Federal (ALDF), again 
citing the impropriety of the source of the petition. Although no 
hearing dates have been published, this is a high-profile series of 
cases, and the courts are likely to continue processing SME cases 
quickly. 
 
The End Is Near? 
---------------- 
¶7. (SBU) Comment: Both the SME and the GOM are reaching the point 
where something has to give. Both sides remain committed to their 
positions. The GOM has infinitely more resources at its disposal, 
and though its public relations campaign has lost its novelty and 
polish, the SME's public support is not increasing. The SME 
continues to produce so-called evidence of the GOM's villainy and to 
insist on a complete reversal of the decision; it strives to 
demonstrate the culpability of the GOM in the management of LFC and 
to redeem the reputation of the ex-LFC workers. While the marches 
and the protests are examples of social engagement and a reading of 
the state of Mexican social cohesion, the real legacy of this 
situation will come out of the courts and from the nature of the end 
of the struggle. Since 2000 the Supreme Court has steadily increased 
its independence from the governing party and has become less 
predictable and more rigorous in its rulings. If the SME can put 
together a case worthy of hearing in the courts, the ruling could 
have far-reaching implications for both the GOM and unions in 
Mexico. End comment.