US embassy cable - 05PORTAUPRINCE2634

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 002634 
 
SIPDIS 
 
SOUTHCOM ALSO FOR POLAD 
WHA ALSO FOR USOAS 
 
E.O. 12958: DECL: 04/07/2015 
TAGS: PGOV, PREL, HA, Elections 
SUBJECT: HAITI'S ELECTIONS DG TAKES LEAD, WILL OTHERS FOLLOW 
 
REF: A. PORT-AU-PRINCE 2617 
     B. PORT-AU-PRINCE 2618 
 
Classified By: Deputy Chief of Mission Douglas M. Griffiths for reasons 
 1.4(b) and (d) 
 
1. (C) Summary.  Electoral Director General Jacques Bernard 
is working to streamline elections preparations and ignoring 
unworkable by-laws developed for the Provisional Electoral 
Council (CEP) and the newly-formed electoral support 
committee.  Bernard expects the CEP to issue the final 
approved lists of presidential candidates, including 
Dumarsais Simeus and Jean Marie Cherestal, and national-level 
candidates on Friday, October 28, one day after the 
promulgation of the decree removing the Supreme Court from 
the electoral appeals process.  Bernard is impressed with the 
preparations already made by the UN mission (MINUSTAH) and 
the OAS and believes he can organize elections in time for a 
February 7 transition, barring any interference.  He is 
counting on Prime Minister Latortue to prevent the 
nationality and support committees from further interfering 
in elections preparations.  We are encouraged by Bernard's 
professionalism and take-charge attitude, but disquieted by 
signs that the both nationality and support committee members 
continue to expect to play an active role.  End Summary 
 
Bernard in Charge 
----------------- 
 
2. (C) Bernard told Emboffs on October 22 that he had 
demanded executive authority from the Interim Government of 
Haiti (IGOH) and had simply refused to operate under the 
unworkable revised by-laws approved by the IGOH for the CEP 
and the support committee (ref A).  Those by-laws, finalized 
on October 11 but not yet promulgated, maintain the CEP's 
operational role and define the support committee as a 
"decision-making body" with responsibility for all aspects of 
the electoral process.  Bernard said he had successfully 
demanded that the CEP stay out of operational matters and 
that he would move to see that the support committee 
effectively disbands.  He added that he had succeeded in 
convincing the CEP to cease any further moves to re-examine 
the residency status of some presidential candidates.  (Note: 
The CEP had on October 11 requested the government's help 
soliciting foreign embassies for residency information 
regarding 12 presidential candidates.  End note.) 
 
3. (C) With one week of intensive meetings under his belt, 
Bernard expressed confidence that he could pull elections 
preparations together in time for a first round of voting 
before Christmas and a transition by February 7.  He was 
impressed by the planning already undertaken by MINUSTAH and 
the OAS and expressed confidence that they could resolve the 
remaining logistical challenges with his support.  Bernard is 
concentrating on further limiting the amount of time 
necessary to rule on challenges to the candidates register 
and strengthening local electoral office (BEC) and voting 
center administration.  He said he had obtained the PM's 
agreement that he would staff his office from "the best" 
personnel from government ministries.  Citing their 
incompetence, Bernard has refused to employ any of the 
current CEP staff. 
 
Candidate Lists on October 28 
----------------------------- 
 
4. (C) Bernard said he had secured the Justice Minister's 
agreement to drop any challenges to presidential candidates 
and allow the CEP to include Dumarsais Simeus and Jean Marie 
Cherestal, both of whom won Supreme Court appeals after 
having their candidacies rejected by the CEP (ref B).  The 
CEP was set to publish the final lists of presidential and 
national-level candidates on Friday, October 28.  The CEP had 
to wait until the government published the decree removing 
the Supreme Court from the electoral appeals process.  The 
next edition of the government Monitor comes out on October 
27 and Bernard said the CEP would wait one day in order to 
ensure that appeals to the Supreme Court did not delay 
finalization of the national-level list.  Bernard said he 
would enlist the support of the PM if the nationality 
committee attempted to interfere. 
 
Support/Nationality Committees Still in the Way? 
--------------------------------------------- --- 
 
5. (C) Bernard's claims of the Justice Minister's support 
notwithstanding, Dorleans on October 21 re-affirmed the 
nationality committee's intention to gather information from 
the presidential candidates and prosecute anyone who was not 
truthful.  (Note: The nationality committee delivered 
questionnaires to the presidential candidates the same day. 
End Note.)  Dorleans' remarks followed President Alexandre's 
October 17 speech announcing the formation of the nationality 
committee.  Using unusually forceful language, Alexandre 
attacked the Supreme Court's ruling on Simeus, implied that 
Simeus might have bribed its members, and insisted 
"foreigners" would be prohibited from taking office.  Recent 
remarks from members of the support committee Pierre-Richard 
Duchemin (CEP) and Danielle Magloire (Council of Wise 
Persons) also signaled that the support committee would 
continue to play an active role.  They announced on October 
23 that that voters must present their national identity 
cards and would not be able to use their registration 
receipts, as previously foreseen. 
 
Comment 
------- 
 
6. (C) Bernard's commitment and energy are impressive, but he 
appears still to lack for allies who share his sense of 
urgency and focus among CEP members and IGOH officials. 
Duchemin and Magloire's statement is especially perplexing, 
as it potentially adds another unnecessary hurdle to 
elections preparations.  At the very least, Bernard will need 
the PM to intercede with the nationality and support 
committees and order them to back off.  Although the PM's 
performance to date gives us little confidence, he did 
exhibit surprising energy and purpose in recruiting and 
installing Bernard.  Asked how he had been able to secure CEP 
cooperation so far with so little formal authority, Bernard 
said he has made clear to everyone that they must accept his 
management of the electoral process or he will vacate his 
post.  Bernard has an immediate test to pass: the CEP must 
issue final candidate lists by the end of this week for a 
first round to be held before Christmas. 
CARNEY