US embassy cable - 05PORTAUPRINCE2569

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 002569 
 
SIPDIS 
 
SOUTHCOM ALSO FOR POLAD 
WHA ALSO FOR USOAS 
 
E.O. 12958: DECL: 04/07/2015 
TAGS: PGOV, PREL, KDEM, HA, Elections 
SUBJECT: HAITI ELECTIONS: PROGRESS AND A LOOMING PROBLEM 
 
 
Classified By: DCM Douglas Griffiths for reasons 1.4(b) and (d) 
 
1.  (C) Summary. Prime Minister Latortue announced October 13 
the following measures aimed at moving forward elections 
preparations:  (1) The creation of a Director General (DG) in 
charge of a new electoral Support Committee, (2) the passage 
of a decree removing the Supreme Court from the appeals 
process for electoral disputes, (3)  amendments to existing 
laws that will allow the adjustment of the election 
timetable, and (4) approval of  $1.3 million to finance 
political parties.  The actions are welcome news, though 
there are conflicting accounts of precisely what authority 
the new DG will have.  In the meantime, work toward creating 
a DG and restructuring the CEP has sidetracked further 
progress on critical elections tasks.  The removal of the 
Supreme Court from the electoral process is controversial, 
but necessary to ensure elections occur on time and 
consistent with Haiti's constitution.  The PM also announced 
the creation a ministerial commission to examine the 
citizenship of political candidates.  The move to create the 
citizenship commission, however, is provocative and will 
distract the Haitian government and politicians from the 
urgent tasks at hand.  The Haitian government should respect 
the standing supreme court decision and focus exclusively on 
the logistics of elections preparations.  End Summary. 
 
Steps Forward/Steps Sideways 
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2. (C) The centerpiece of the PM,s actions is the creation 
of the DG.  Earlier in the day, the PM had vowed to visiting 
S/CRS director Pascual and WHA/PDAS Duddy that he would have 
the DG installed and working before he left Haiti on 
Saturday, October 16 (septel).   The PM insisted that the DG 
would have the necessary authority to take decisions, 
coordinate the work of the CEP, MINUSTAH, and the OAS, and 
utilize all the electoral expertise at hand.  The DG's first 
task would be to chart the tasks remaining and establish firm 
and fixed dates for national and local elections.  The Prime 
Minister further admitted that the first round of elections 
would likely take place sometime between December 11 and 
December 18.  The PM,s choice for DG, Jacques Bernard, a 
Haitian businessman currently resident in the U.S., began 
meetings with the PM and government officials today, October 
14.  He has reportedly asked for written assurances of his 
authority (presumably included in the new by-laws) and for 
the unanimous consent of CEP members for his appointment. 
 
3. (C) Separate conversations with CEP members indicate that 
they are less clear about their relationship with the  DG. 
Though most accepted Mr. Duddy's formulation that the CEP 
should act as a board and the DG as the CEO, some members 
implied that the they expected to continue to participate in 
day-to-day decision making.  Additionally, in the process of 
creating the Support Committee and DG's position, the CEP has 
also restructured itself, forming two working committees of 
four members each, with a new President selected among the 
current members at the top (and leaving uncertain the status 
of current CEP President Max Mathurin).  Several CEP members 
also informed Polcouns that that the process of establishing 
the Support Committee and finalizing the by-laws had brought 
work in other areas to a standstill.  At the time of the 
PM,s announcement to form the committee and restructure the 
electoral administration on September 30, the CEP had still 
to select and staff voting centers, complete the set-up and 
staffing of BECS, and to finalize the list of approved 
candidates for national office.  Final action on these items 
now awaits the completion of the restructuring of the CEP and 
the installation of the DG. 
 
The Supreme Court, the Prime Minister, and Mr. Simeus 
---------- 
 
4. (C) The government's removal of the Supreme Court from the 
electoral process is necessary, but politically sensitive. 
The decree will take effect only days after the Supreme Court 
ruled 5-0 to re-instate the candidacy of Haitian American 
businessman Dumarsais Simeus.  The CEP had previously ruled 
Simeus ineligible on the basis of his dual nationality, and 
Simeus and the Prime Minister had engaged throughout the 
process in an increasingly bitter and public dispute.  The 
Prime Minister admitted to Ambassador Pascual and Mr. Duddy 
that everyone would assume he had proceeded with the decree 
out of revenge against Simeus and the Supreme Court, but 
emphasized that holding to a February 7 was only possible 
with the court removed from the process, and that he would 
refrain from linking this move with Simeus candidacy. 
 
5. (SBU) Latortue ironically created this problem for 
himself.  His government established the Supreme Court's role 
in the electoral process by decree only in March.  The 
Supreme Court had previously had no jurisdiction in electoral 
matters, and Haiti's 1987 constitution designates the 
Electoral Council as the final instance of appeal for 
approving candidates.  Latortue took this action over the 
strenuous objections of international and Haitian elections 
experts, who foresaw that the Supreme Court's inclusion would 
prove unworkable within the constraints of the electoral 
calendar. 
 
Comment 
---------- 
 
6. (C) The consequences of the Prime Minister's decision to 
form a committee to examine the nationality of candidates 
could derail Haiti's elections.  Many correctly view his 
actions as a continuation of a personal vendetta against 
Simeus, and a continuing dispute will seriously poison the 
campaign atmosphere.  An attempt by the government to reverse 
the Supreme Court's ruling on Simeus, or disqualify another 
of the major dual national candidates could spark a political 
crisis or otherwise seriously impact voter participation.  In 
addition, the Prime Minister deliberately deceived us and our 
Department visitors regarding his position on Supreme Court's 
decision.  He told Ambassador Pascual and DAS Duddy during 
their meeting, and later the Charge d,Affairs by phone, that 
he would not challenge the decisions already taken by the 
Supreme Court and withheld his plans to establish the 
nationality review committee.  His establishment of that 
committee throws both his motives and his dependability in 
carrying out additional commitments into question.  The Prime 
Minister should desist with any efforts to interfere with 
Supreme Court decisions already taken and devote his full 
attention and energy to ensuring Haiti's elections take place 
on time. 
CARNEY