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R 192211Z FEB 10
FM AMEMBASSY LA PAZ
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INFO RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEHAC/AMEMBASSY ASUNCION
RUEHBO/AMEMBASSY BOGOTA
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RUEHLP/AMEMBASSY LA PAZ
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RUEKJCS/SECDEF WASHINGTON DC

UNCLAS LA PAZ 000055 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM BL
SUBJECT: EMBASSY LA PAZ CONVENES DEMOCRACY WORKING GROUP 
 
¶1. (SBU)  Summary: The Charge hosted February 12 a meeting of key 
resident ambassadors and UN High Commission for Human Rights 
(UNHCHR) representative Denis Racicot to launch an informal working 
group on democracy and human rights issues in Bolivia.  The group 
reviewed the Bolivian government's report to the UN Human Rights 
Council's Universal Periodic Review in Geneva earlier that week and 
discussed concerns about anticipated Bolivian legislation on the 
judiciary, corruption and regulation of the media.  We intend to 
ensure regular meetings of this group in the months ahead as the 
Morales government pursues its second-term legislative agenda.  End 
summary. 
 
¶2. (SBU) Resident ambassadors, embassy representatives and UNHCHR 
Racicot welcomed the U.S. initiative to exchange views on Bolivian 
democracy and human rights developments, agreeing that the 
international community needs to maintain a close watch, given the 
governing Movement toward Socialism (MAS) party's domination of the 
government, parliament, and, potentially, the judiciary. 
Participants agreed to the formation of an informal working group, 
hosted on a rotating basis, to review these issues and coordinate 
public and private responses to the GOB as needed.  The initial 
group, whose membership is expected to grow, includes 
representatives from the U.S., UK, Dutch, Canadian, German, Danish 
and Swedish embassies, as well as UNHCHR.  Dutch Ambassador de la 
Beij offered to host the next session. 
 
¶3. (SBU) Racicot reported on the February 10 review of the Bolivian 
government's presentation to the UN Human Rights Council, within 
the Working Group of the Universal Periodic Review.  Racicot 
indicated that Bolivia's report was warmly welcomed by its 
traditional ALBA and other developing country allies, and that most 
member states were able to find positive elements in Bolivia's 
presentation, while highlighting various key concerns.   European, 
democratic Latin American neighbors and the U.S. raised concerns 
about the independence of the judiciary and media freedom, 
corruption, women's and children's rights, and the need to 
reconcile, under the new constitution, indigenous justice with 
ordinary justice and international norms.  The Working Group 
produced 78 recommendations for Bolivia, all but one of which were 
accepted by the Bolivian delegation (the exception was a UK 
proposal to support a specific initiative for media 
self-regulation, which the GOB rejected on the grounds that it did 
not include employees as well as media owners). 
 
¶4. (SBU) Racicot informed the working group that the GOB had agreed 
to renew the mandate of the UNHCHR office in Bolivia, which expires 
in July, and had also committed to issue a standing invitation to 
the UNHCHR's special procedures mechanisms.  Racicot indicated that 
visits to Bolivia of special rapporteurs and experts on racism, 
freedom of expression and the judiciary have not yet been set, but 
will probably be spaced throughout the coming year.  These offices 
can engage the GOB on their issues in the meantime, he said. 
Racicot also reported that UN High Representative Pallay may visit 
Bolivia this year, albeit briefly. 
 
¶5. (SBU) Members of the La Paz working group voiced concerns about 
the passage that day of a so-called "short law" ("ley corta") 
empowering President Morales to appoint temporary judges to 
Bolivia's supreme court, constitutional tribunal and judicial 
council, until constitutionally-mandated popular elections for 
these posts in December (septel).  All recognized the need for some 
stop-gap measure to stand up these otherwise vacant institutions, 
but agreed that the law as enacted places too much authority in the 
hands of the executive and could seriously undermine the 
independence of the judiciary.  The group observed that elections 
in December, with candidates selected by the MAS-controlled 
parliament, could also yield courts biased in favor of the 
government. 
 
¶6. (SBU) The GOB has announced an ambitious legislative agenda of 
reforms and measures to conform the law to the requirements of the 
new constitution.  Media reports and remarks by GOB officials 
suggest that some of these proposed laws could raise human rights 
concerns, although in most cases we do not yet have access to 
actual drafts.   One such measure concerns strengthening sanctions 
against corruption.  While the current Bolivian anti-corruption 
regime is widely viewed as inadequate, the new measures reportedly 
under consideration include retroactivity (or, alternatively, 
elimination of statutes of limitation), shifting the burden of 
proof to the defendants, and trials in absentia.   Working group 
members resolved to obtain drafts of this and other proposed 
legislation at the earliest opportunity. 
 
¶7. (SBU) The general consensus of the La Paz working group, as 
articulated by UK Ambassador Baker and Dutch Ambassador de la Beij, 
was that Bolivia currently enjoys a free press -- at least in 
comparison to other Latin American countries -- but that the GOB's 
comments about new restrictions could portend a serious threat to 
freedom of expression (septel).   In January, President Morales 
declared that new legislation would ensure that the press "no 
longer lies," and media reports suggested that the GOB was looking 
at tougher libel sanctions and a prohibition on the use of unnamed 
sources.  Following a fierce outcry from journalists and NGO's and 
redoubled efforts at self-regulation, the GOB appeared to 
backtrack.   Still, the Swedish aid representative informed the 
working group that her government is looking at funding a media 
watchdog organization, to complement efforts of Bolivian media and 
NGO's. 
 
¶8. (SBU) Comment:  This first session of the democracy and human 
rights working group revealed considerable agreement among the 
members regarding the current situation and potential threats in 
Bolivia, as well as a common resolve to continue to coordinate 
closely on these issues.  Our goal in the months ahead is to 
support the engagement of the UN with the GOB and to ensure the 
broadest possible international response to the Bolivians whenever 
needed. 
Creamer