ELECTORAL COUNCIL TOUTS PROGRESS DESPITE POOR

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 001134 SIPDIS SENSITIVE SIPDIS STATE FOR WHA/EX AND WHA/CAR S/CRS SOUTHCOM ALSO FOR POLAD STATE PASS AID FOR LAC/CAR INR/IAA WHA/EX PLEASE PASS USOAS E.O. 12958: N/A TAGS: PGOV PREL KDEM HA SUBJECT: ELECTORAL COUNCIL TOUTS PROGRESS DESPITE POOR TRACK RECORD REF: PORT AU PRINCE 1133 PORT AU PR 00001134 001.2 OF 002 ¶1. (U) This message is sensitive but unclassified -- please protect accordingly. ¶2. (SBU) Summary: The provisional electoral council (CEP) is awaiting action from the executive, specifically President Preval, and parliament before beginning the pending indirect elections process. They purport to be putting all necessary mechanisms in place so that indirect elections can begin as soon as parliament passes a new law governing the process (currently in draft form at the president's office). In the meantime, the CEP is mapping out a timeline for the reelection of one-third of the senate, due by the end of ¶2007. The CEP members do not foresee that a permanent council, whose nomination is dependent on the indirect elections, can be inaugurated with enough time to organize senate elections on their predicted date of December 2. Nevertheless, they asserted that the senate elections will take place by the end of the year, most likely under the guidance of the current provisional council. They are also planning to reopen voter registration in July after a two year lapse. At this time, the CEP's work involves much planning but very little action. End summary. ¶3. (U) Poloff met with five members of the provisional electoral council (CEP) on June 25. CEP president Max Mathurin, interim director general Francois Benoit, secretary general Rosemond Pradel, and members Freud Jean and Pauris Jean Baptiste attended the meeting. Benoit provided Poloff with copies of their draft law governing indirect elections, as well as his timeline of activities for preparing the senatorial elections in December 2007. ¶4. (U) The CEP has submitted the draft law to the executive (reftel),but is awaiting the reaction of President Preval, according to Francois Benoit. He surmised that the president is troubled by the provision giving interdepartmental council members, selected through the indirect elections, a ''right of presence'' at council of ministers meetings, as outlined in the 1987 constitution. (Comment: The members would likely not have decision-making power, but their function is �0A;undefined as no Haitian government has constituted the council since the adoption of the 1987 constitution. End comment.) ¶5. (U) Benoit reiterated Mathurin's statement (reftel) that they have not published the official decree with county council (ASEC) and town delegate winners because they only have one month from the publication date to begin indirect elections. He assured Poloff that the lists are complete and the palace will publish them as soon as parliament passes the new legislation. In the meantime, he plans to train the communal and departmental electoral employees of the CEP (French acronyms BEC and BED) on the logistics of indirect elections. He said they are also working with parliament to explain the contents of the proposed legislation so that they can vote quickly once the executive officially presents the law. Benoit hopes to have everything lined up so that the moment the law passes, the indirect elections can begin. He estimated that the election process itself, including voting and contestations, would take 30 days. ¶6. (U) The CEP is now concentrating on preparations for the reelection of one-third of the senate, which according to Benoit's timeline will take place on December 2. Their first priority is to work with the national identity office (ONI) to reopen voter registration. Benoit said they will renew the contracts of former employees already trained in the registration process, and he hopes to have the offices operational beginning in the end of July. Registration will remain open nationwide for 60 days. He estimated that one million new voters need to be registered. The identity cards will be fabricated in Port-au-Prince, instead of in Mexico as was the case during the 2004-2005 registration period. They have not yet settled on a plan for distributing the cards. ¶7. (U) Despite all their planning, Benoit said the CEP is PORT AU PR 00001134 002.2 OF 002 not sure they are legally allowed to make these preparations, since their mandate does not encompass the renewal of the senate. He has spoken to a lawyer and hopes to have a final answer by June 29. Pradel emphasized that the senate elections must happen at the end of this year so as to not throw off the entire election cycle. He stated that ''we will not have a permanent CEP before the end of the year,'' and even if that council has been selected, they certainly will not be able to facilitate the December senatorial elections. The provisional CEP can, and likely will, administer them, he said. ¶8. (U) Poloff inquired about the possibility of provisional council members being eligible for the permanent council. Pradel stated that no law prevents them from being nominated for the positions, and that he thinks keeping one or two of the current members would be beneficial because they could serve as the institutional memory. He volunteered that rumors that provisional council members are trying to hold onto their jobs indefinitely are ''ridiculous,'' and that they would all like to see a permanent CEP in place soon. ¶9. (SBU) Comment: After months of inaction, the CEP is now blaming the executive for delaying indirect elections. They are correct that at this point there is virtually no likelihood of having a permanent CEP in place and ready to organize December senate elections. The provisional council needs to be continually pressured to follow through on the indirect elections, as they are already beginning to abandon the process in order to focus on the senate elections. On the whole, the provisional council does not have the capacity to manage both projects. Despite their ineptitude, they seem certain that at least a few of them will end up being permanent council members, and have no misgivings about that being unethical. SANDERSON