US embassy cable - 05PORTAUPRINCE2617

C O N F I D E N T I A L PORT AU PRINCE 002617 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL 
S/CRS 
SOUTHCOM ALSO FOR POLAD 
STATE PASS AID FOR LAC/CAR 
INR/IAA (BEN-YEHUDA) 
WHA/EX PLEASE PASS USOAS 
SOUTHCOM ALSO FOR POLAD 
 
E.O. 12958: DECL: 10/25/2014 
TAGS: PGOV, PREL, ASEC, HA, Elections 
SUBJECT: HAITIAN NATIONALITY COMMISSION CREATES ELECTIONS 
UNCERTAINTY 
 
REF: PAP 2569 
 
Classified By: Charge d'Affaires Timothy M. Carney, reasons 1.4 (B) and 
 (D) 
 
1. (C) Minister of Justice Henri Dorleans told the Charge 
October 18 that the newly formed "Commission on Nationality" 
(reftel) would not delay the elections. Dorleans, who heads 
the group, explained that the commission was established by 
the IGOH to examine the nationality of all candidates for 
office and provide the information to the members of the CEP. 
The commission does not have the authority to render any 
decisions regarding the candidates, he said. The mandate is 
only to provide information to the CEP and allow the CEP to 
decide what to do with the information. The CEP maintains the 
final decision regarding a candidate's eligibility, and the 
CEP will pursue its mission to organize and carry out 
elections regardless of when the commission completes its 
investigations. He added that it was conceivable that a 
candidate who is on the ballot and elected by majority vote 
might be disqualified after the fact by the CEP based on the 
commission's findings. (Note: The Elections Decree mandates 
another election if candidates are disqualified after they 
are elected. End note). 
 
2. (C) Dorleans noted that the IGOH had passed the decree 
taking the Supreme Court out of the appeals process so that 
the CEP's decisions were now final. (Note: The IGOH has not 
printed the decree, which means it is not yet law. End note). 
He pulled out a copy of the Haitian constitution and quoted 
Article 197: "The (CEP) shall rule on all disputes arising 
either in elections or in enforcement or the violation of the 
elections law." Although he professed to prefer the concept 
of judicial review in all cases, he said the Supreme Court 
role in the elections was not practical, and in any case, not 
mandated by the constitution. These judicial limitations 
notwithstanding, in reference to current maneuvers by the CEP 
to re-examine the eligibility of Tet Ansamn Presidential 
Candidate Dumarsais Simeus, the MOJ said the CEP has the 
power to send any registration to the courts for a decision 
if a candidate is found to have lied on the application. 
(Note: The CEP sent a complaint to the Supreme Court October 
19 alleging that Simeus had falsely claimed citizenship, 
property ownership and residency. End note). 
 
3. (C) Comment: Whatever actions the "Commission on 
Nationality" may ultimately take, it has injected 
considerable uncertainty into the elections by pressuring the 
CEP to render candidates ineligible before the vote or 
possibly nullify the results after the elections. The parties 
themselves have previously agreed to respect the outcome of 
the ballot in their "governability pact," but the IGOH has 
now opened the door to a campaign based on accusations rather 
than issues. The CEP has written to candidates reportedly 
asking for the birth certificates of both parents (the 
constitution requires that one parent be Haitian). 
Separately, the CEP is reportedly seeking information on 
candidates' past residency abroad. Post will provide a more 
thorough analysis of potential problems arising from the 
dispute over dual nationality generally and Mr. Simeus' 
candidacy specifically in septel. End comment. 
CARNEY