HAITI ELECTIONS: STATE COMMISSION ON CANDIDATE

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
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