US embassy cable - 05PORTAUPRINCE2869

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 002869 
 
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: "SE PA FOT MWEN" - IT,S NOT MY 
FAULT 
 
 
1. Summary: In a meeting with Charge Griffiths November 19, 
newly appointed Provisional Electoral Council (CEP) Director 
General Jacques Bernard lamented the failure of the would-be 
elections organizers: MINUSTAH, the OAS and the CEP.  While 
the technical shortcomings at the CEP, MINUSTAH and the OAS 
were more profound than he initially expected, a first round 
on December 27 was still technically possible; but political 
infighting clouded the outlook.  According to Bernard, 
sidelining the CEP and perhaps even replacing its members is 
the only way to guarantee a February 7, 2006 inauguration. 
However, political fallout from sidelining or replacing the 
current CEP members could exacerbate election delays in the 
short run. End Summary 
 
"Se Pa Fot Mwen" - It's Not My Fault 
------------------------------------ 
 
2. Provisional Electoral Council Director General Jacques 
Bernard said in a November 19 meeting with the Charge that 
MINUSTAH, the CEP and the OAS have all failed in their 
mandate to organize elections.  All three finger point when 
confronted with their failings and shirk responsibility by 
tasking each other.  For example, though the OAS has not been 
prepared to distribute cards, it has focused attention away 
from its own shortcomings by complaining that MINUSTAH's 
failure to pick voting centers has held up distribution.  At 
the same time, MINUSTAH has complained that the OAS has not 
finalized the voter list, which MINUSTAH needed to choose the 
voting centers.  Meanwhile, the CEP, which passed choosing 
the centers to MINUSTAH because of its own failings, 
complained that some MINUSTAH-chosen centers did not have 
sufficient capacity to handle the voters assigned to them. 
 
December 27, February 7 Technically Possible 
-------------------------------------------- 
 
3. Despite the failings of the three partners, Bernard 
insisted that a first round December 27 leading to a power 
transition February 7 remains technically possible.  MINUSTAH 
elections chief Gerardo LeChevallier originally projected 
that once the candidate lists were finalized, MINUSTAH would 
need five weeks to organize elections.  His team has 
developed training and organizational plans that if 
implemented immediately and not held up by any unforeseen 
problems would lead to elections December 27. 
 
Machinations Wildcard Makes December 27 Unlikely 
--------------------------------------------- --- 
 
4. Though December 27 remains technically possible, Bernard 
questioned the political will for timely elections inside and 
outside of the CEP and said the likelihood of meddling in the 
electoral process increased the probability of unforeseen 
problems and more delays.  Bernard questioned the will of CEP 
members Pierre Richard Duchemin, Patrick Fequiere and Gerson 
Richeme and said all three had engaged in tactics to delay 
and de-legitimize elections.  Duchemin, for example, insisted 
that instead of attaching a sticker to each voter's ID card 
telling them where to vote, workers distributing the cards 
should write the location on the back of voters, 
registration receipts.  Not only would Duchemin's solution 
increase the time to distribute cards, it would require 
voters to keep their ID and registration receipt in order to 
vote and increase the likelihood of confusion on election 
day.  Bernard also wondered about the will outside of the CEP 
for elections.  He said the Haitian firm producing the ballot 
artwork, which had been working diligently November 14 - 17, 
completely shut down for the Haitian holiday on November 18, 
when they would have finished the ballot.  Bernard posited 
that only a high-level order from a powerful person trying to 
delay elections could have convinced them to stop work. 
 
New Bylaws are a Must, Firing CEP Could Help Too 
--------------------------------------------- ---- 
 
5. Bernard said he must be given executive authority over 
elections administration and the CEP board members must be 
eliminated from the process either through new bylaws or 
possibly by dissolving the board.  The PM promised Bernard 
new bylaws by electoral decree November 14, but the new 
bylaws have not been promulgated.  (Note: The PM on November 
21 gave diplomats copies of the decree text which was marked 
with a hand written note indicating that the decree was 
published in the November 16 edition of the Moniteur, the 
official government newspaper.  However, according to a 
source at the Moniteur the new bylaws and a decree finalizing 
political party financing would be in the November 24 
Moniteur but the IGOH has delayed the edition because it does 
not have the money to fund party financing. End Note) 
Bernard said replacing the current CEP would also help 
expedite electoral preparations, though such a move would 
have to come from the political parties and the Council of 
Eminent Persons. 
 
6. Comment: The CEP,s role creating election delays and the 
difficulty pinpointing the source of the delays outside the 
CEP makes removing the members from the process an 
interesting proposition.  However, broad concern about a 
Preval presidency has galvanized other groups to seek a delay 
in elections, and eliminating the CEP could prove 
insufficient to unblock the process.  Further, removing the 
CEP could provoke a backlash from Duchemin, Fequiere, and 
Richeme.  Duchemin told Poloff November 16 he would respond 
to any effort to sideline him by publicly highlighting flaws 
in the electoral process. End Comment. 
 
 
CARNEY