US embassy cable - 05PORTAUPRINCE2780

UNCLAS PORT AU PRINCE 002780 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL 
S/CRS 
SOUTHCOM ALSO FOR POLAD 
STATE PASS AID FOR LAC/CAR 
INR/IAA (BEN-YEHUDA) 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KDEM, HA, Elections 
SUBJECT: HAITI ELECTIONS: STATE COMMISSION ON CANDIDATE 
NATIONALITY LEGALIZED 
 
REF: A. PAP 2656 
     B. PAP 2774 
 
1. The Interim Government of Haiti (IGOH) published a decree 
dated October 27 legalizing the State Commission on the 
Nationality of Candidates (CENC).  According to the decree, 
the Commission is to ensure that all candidates comply with 
nationality requirement in the Haitian constitution.  To that 
end, the Commission can obtain documents from any state 
institution, request documents and information from any other 
organization or person, require that candidates submit any 
documents it deems necessary to establish their nationality, 
and demarche the international community.  According to the 
law, each candidate must answer questions concerning their 
nationality using a questionnaire they must submit to the 
CENC.  Any candidate who refuses to comply with the CENC or 
fill out its questionnaire will be removed from the candidate 
list.  Once the CENC reaches its conclusions, it is to submit 
its recommendations to the Provisional Electoral Council 
(CEP), which is to remove candidates accordingly. 
 
2. The CENC questionnaire on nationality, due October 31 for 
presidential candidates, asks a series of questions 
concerning candidates, origin and nationality.  It also 
requires candidates to swear they "never acquired by another 
nationality by naturalization abroad and lost by that act 
their Haitian nationality according to article 13 of the 
Haitian Constitution" and "do not hold double nationality, 
which is prohibited by article 15 of the Haitian 
Constitution."  Several presidential candidates, including 
Dumarsais Simeus and Samir Mourra, have not submitted the 
questionnaire and are expected to fight if they are excluded 
from the final list (ref A). 
 
3. Comment: The IGOH branded the CENC a non-political effort 
to eliminate candidates who do not meet the nationality 
requirements of the Haitian Constitution, but the IGOH's 
public focus on Simeus has politicized the dispute.  Prime 
Minister Latortue told visiting S/CRS Director Pascual on 
November 4 that the CENC would focus on presidential 
candidates and only recommend disqualifying candidates based 
on proof of dual nationality, not failure to submit the CENC 
questionnaire (ref B).  This tactic may result in 
disqualified candidates arguing that the IGOH has applied a 
double standard; well known dual-nationals can be 
disqualified while lesser known dual-nationals, or those that 
the IGOH does not want to disqualify, can remain on the 
ballot. 
 
CARNEY