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
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