Identifier
Created
Classification
Origin
05PORTAUPRINCE2917
2005-11-28 12:17:00
CONFIDENTIAL
Embassy Port Au Prince
Cable title:  

SUBJECT: NEW CEP BYLAWS GIVE DG MORE POWER

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 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

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