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Identifier
Created
Classification
Origin
05PORTAUPRINCE2774
2005-11-08 13:59:00
CONFIDENTIAL
Embassy Port Au Prince
Cable title:  

HAITI ELECTIONS: PM COMMITS TO NATIONALITIES

Tags:   PGOV  PREL  KDEM  HA 
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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 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
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).

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
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