SUBJECT: NEW CEP BYLAWS GIVE DG MORE POWER

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 002917 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: 11/23/2015 TAGS: PGOV PREL KDEM HA SUBJECT: SUBJECT: NEW CEP BYLAWS GIVE DG MORE POWER REF: A. PAP 2893 ¶B. PAP 2792 ¶C. PAP 2870 Classified By: ADCM Erna Kerst, Reasons 1.4 b and d ¶1. (C) Summary: The Prime Minister November 21 distributed a text of an executive order with new bylaws for the Provisional Electoral Council (CEP) that were marked in pen as published November 17. The new bylaws rearrange the CEP by eliminating the operational and executive committees, the CEP Support Committee, and the Electoral Guarantee Committee, while giving more power to the Director General. Sources within the CEP say the publication of the bylaws, which happened without a CEP vote, raised CEP members, hackles. They argued that it was the second time in as many weeks that the executive had forced a decision on the nominally independent CEP. End Summary. ¶2. (C) In a meeting November 21, the Prime Minister distributed the text of an executive order amending the bylaws of the Provisional Electoral Council (ref A). The bylaws were dated by hand as published in the Moniteur, the government newspaper, November 17. However sources at the Moniteur say the government continues to hold publication of the edition because the bylaws will appear in the same edition of the Moniteur as a decree finalizing political party funding, which the IGOH believes it cannot fund. ¶3. (C) The new order eliminates two CEP sub-committees originally suggested by the now defunct CEP Support Committee (ref B) and transfers most of the CEP,s decision-making authority to the Director General. The last set of bylaws, finalized in mid-October, created a three-tiered implementation structure: the CEP members were to act as a board of directors over the Director General who was to implement elections through two subcommittees. The new bylaws eliminate that mechanism and place the Director General in direct control of day-to-day elections operations. ¶4. (C) The new bylaws do not mention either the Support Committee to the CEP or the Electoral Guarantee Committee. The October bylaws specifically outlined the duties and responsibilities of a CEP Support Committee, which was to provide global oversight of the entire process. The Support Committee disbanded itself roughly two weeks ago, and all mention of it was eliminated from the new bylaws. The new bylaws do not mention the Electoral Guarantee Committee, once vaunted by political parties as a mechanism to oversee elections, which was sketched out in the previous bylaws. ¶5. (C) According to CEP sources, publication of the new bylaws by executive order and the shifting of authority from the members to the Director General angered several CEP members who might contest the new bylaws. (Note: The executive also published the last bylaws, but they were only made law after the CEP voted to adopt them. End Note) CEP Director General Jacques Bernard said six of the nine CEP members supported the new bylaws, but the CEP never voted for their adoption. Instead, the Prime Minister told Bernard November 14 he would publish the new bylaws by executive order. Worried that the CEP members would reject bylaws they never voted for, Bernard asked CEP President Max Mathurin to introduce the bylaws for a vote. However, Mathurin never brought the bylaws to the members. Some CEP members feel the Prime Minister has overstepped his bounds twice in the last week by attempting to force electoral dates and the new bylaws on the CEP. They may take action to challenge the new bylaws in the coming days. ¶6. (C) Comment: IGOH moves to push decisions over the CEP may produce adverse results. The CEP, even members loyal to the new DG, reacted strongly against the PM's announcement of the dates, which were not formally endorsed or publicly announced following last week's aborted attempt to announce dates (ref C). Some are reportedly reacting similarly to the new bylaws. In both cases, the fault for not convening the CEP for a discussion and vote lies with CEP President Mathurin. Mathurin is a poor leader who shies from confrontation with the other CEP members. However, his recent failure on two counts raises suspicion of ulterior motives. Mathurin's detractors believe he is aligned with parties that are not prepared for elections and seek to delay the process. Both of Mathurin's failures have jeopardized Bernard's position with the other members and have caused delays organizing the elections, making December 27 a daunting challenge. (Note: The CEP decided November 25 to hold the first round January 8, the second February 15 and local elections March 5. The CEP delivered its decision to the PM late November 25. (septel) End Note) CARNEY