US embassy cable - 05PORTAUPRINCE2774

C O N F I D E N T I A L PORT AU PRINCE 002774 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL 
S/CRS 
SOUTHCOM ALSO FOR POLAD 
STATE PASS AID FOR LAC/CAR 
INR/IAA (BEN-YEHUDA) 
TREASURY FOR MAUREEN WAFER 
 
E.O. 12958: DECL: 10/06/2010 
TAGS: PGOV, PREL, KDEM, HA, Elections 
SUBJECT: HAITI ELECTIONS: PM COMMITS TO NATIONALITIES 
RULING BY NOV 8 
 
REF: PAP 2690 
 
Classified By: Deputy Chief of Mission Douglas M. Griffiths for reasons 
 1.4(b) and (d). 
 
1. (C) Summary: According to Prime Minister Latortue and CEP 
Director General Jacques Bernard, the Committee on the 
National of Candidates (CENC) will formally recommend by 
November 8 that the CEP eliminate Dumarsais Simeus and Samir 
Mourra (and minor candidate Joel Borgella) from the final 
list of eligible presidential candidates because of their 
dual nationality.  By having the CEP formally take the final 
step removing candidates on the basis of CENC 
recommendations, the IGOH and Bernard hope to preclude Simeus 
and Mourra from taking action in the Supreme Court.  The CENC 
is also authorized to make recommendations to the CEP about 
parliamentary candidates, though the PM has assured us that 
the CENC will confine itself to provable cases of 
dual-nationality among the presidential candidates.  If the 
final legislative and presidential lists are not finished by 
November 11, MINUSTAH elections chief Gerard LeChevallier 
says elections cannot be held by December 18.  End Summary. 
 
2. (C) Bernard said to Emboffs on November 6, and the PM 
confirmed in a separate conversation with Charge, that the 
Committee on the National of Candidates (CENC) will respond 
to the CEP with its findings that Simeus, Mourra, and 
Borgella were dual-nationals and thus ineligible to run for 
president.  The CEP will then disqualify those candidates 
based on the CENC,s findings and publish the final list. 
Although neither Simeus nor Mourra submitted to the CENC the 
questionnaire on their eligibility as required, Bernard and 
the PM both asserted that the CENC will base its 
recommendation on these candidates demonstrable 
dual-nationality, thus allowing the CEP to make the its own 
determination and formally declare Simeus and Mourra 
ineligible.  The PM and Bernard hope thereby to prevent 
Simeus and Mourra from appealing their exclusion to the 
Supreme Court.  (Note: As detailed in reftel, the CEP is now 
the final legal authority for electoral matters, though the 
Supreme Court could conceivably rule on the constitutionality 
of the CENC.  End Note.)  Bernard said several candidates did 
not submit their questionnaires, and that the IGOH does not 
want to disqualify them all. 
 
3. (C) Bernard said he still expects Simeus and Mourra to 
lodge a complaint with the Supreme Court and contest the role 
of the CENC.  He feared that the Supreme Court could grant an 
injunction to halt elections preparations until the questions 
surrounding nationality are resolved.  (Note: Simeus told 
Charge on November 4 that he would settle on his legal 
strategy only when the CEP published a definitive list.  End 
Note.)  According to MINUSTAH elections chief Gerard 
LeChevallier, the CEP, IGOH, and CENC have until November 11 
to produce a final list of presidential and legislative 
candidates, after which holding elections December 18 would 
be logistically impossible.  LeChevallier also noted that the 
CENC is required to advise the CEP on legislative candidates, 
but reportedly has not examined any legislative candidates' 
dossiers. 
 
4. (C) Comment: Though the parliamentary list is less 
controversial than the presidential list, it too must be 
final by November 11 or jeopardize the date for the first 
round.  The Prime Minister assured visiting S/CRS director 
Pascual on November 3 that the CENC would not interfere with 
the legislative list, but the PM has already demonstrated 
that he does not always definitively speak for the CENC. 
CARNEY