Identifier | Created | Classification | Origin |
---|---|---|---|
05PORTAUPRINCE2617 | 2005-10-21 16:28:00 | CONFIDENTIAL | Embassy Port Au Prince |
This record is a partial extract of the original cable. The full text of the original cable is not available. |
C O N F I D E N T I A L PORT AU PRINCE 002617 |
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 |