CONSENSUS NEAR ON RE-FORMING ELECTION COUNCIL;

C O N F I D E N T I A L SECTION 01 OF 02 PORT AU PRINCE 001649 SIPDIS SIPDIS STATE FOR WHA/CAR, DRL, S/CRS, INR/IAA SOUTHCOM ALSO FOR POLAD STATE PAS AID FOR LAC/CAR TREASURY FOR MAUREEN WAFER E.O. 12958: DECL: 10/10/2017 TAGS: PGOV PREL KDEM HA SUBJECT: CONSENSUS NEAR ON RE-FORMING ELECTION COUNCIL; PREVAL PLEDGES SENATORIAL ELECTIONS WILL GO FORWARD REF: PORT AU PRINCE 1624 PORT AU PR 00001649 001.2 OF 002 Classified By: Ambassador Janet Sanderson. Reason: E.O. 12958 1.4 (b) , (d) ¶1. (C) Summary: Following a meeting of President Preval with political party leaders October 9, a senior government official announced October 10 that the Provisional Election Commission (CEP) has been dissolved. However, some party leaders say there is agreement with the President only that a new CEP must be formed. The President told party leaders that he wishes to announce within a week a formula for selecting a new CEP, a point he reinforced with Ambassador October 10. He also pledged to Ambassador that senatorial elections would take place, although he suggested that indirect elections would be delayed. The CEP decision comes when we have seen a growing consensus between the President and party leaders that the current CEP has become dysfunctional and an obstacle to Senate elections. Given repeated declarations from the President, seconded by parliamentary leaders, that Senate elections must and will be held, we take this latest development as a potentially good sign that Senate elections will go forward, if not precisely on time for the new National Assembly in January 2008, then at least in a way to avoid a gap in the Senate's ranks. End Summary. ¶2. (C) The President's Minister for Parliamentary Relations Joseph Jasmin announced October 10 that, following an October 9 agreement between the President and political party leaders, the Provisional Electoral Council had been dissolved. Preliminary follow-up contacts with party leaders indicate disagreement about the meeting result. "Fusion" spokesman Micha Gaillard and "Union" Party chairman Jean Chavannes Jeune told the Embassy October 10 that the meeting with the President had agreed only that the CEP must be restructured. Gaillard said the President said at that meeting that he hopes to announced within a week a formula for selecting a new CEP. ¶3. (C) We have heard of reasonable schemes for redrawing the CEP. Senate President Lambert sketched to the Ambassador at an October 9 reception the formula he thought would ultimately prevail: political parties, civil society organizations, and the chamber of commerce would each nominate a number of candidates for the CEP. The three branches of government -- President, heads of the legislature, and the judiciary -- would then each choose from this pool of nominees one-third of the nine counselors. Lambert also noted that the far more important position of CEP Director General (Note: the official in charge of organizing and directing the electoral machinery - end note) would also have to be changed, and that the name of former CEP DG Jacques Bernard was being bruited for this post. ¶4. (C) Lambert and other members of parliament emphasized at the October 9 reception that they believed the President when he said Senate elections would be held. Lambert also noted that since current sitting Senators had not taken office until mid-2006, the deadline for replacing the one-third of them up for re-election could be pushed into mid-2008 without creating a gap in the Senate's ranks. This point was seconded by MINUSTAH Deputy Political Advisor Lizbeth Cullity. ¶5. (C) Comment: It seems clear that the CEP has been dissolved or will be soon, and that serious talks are underway about how to form a new one. Haiti has never been known for wise personnel choices, and the CEP is no exception. The CEP counselors -- Patrick Fequiere and Louis Gerson Richeme -- who have flung corruption charges (and now attempted murder accusations) against other counselors and acting Director General Francois Benoit for over a year are irresponsible individuals who have consistently tried to sabotage the work of the CEP. Agreement is spreading that the country needs a functional CEP, and probably a more capable Director General, before it heads into Senate elections. These elections now look like they will be held, but almost certainly too late to seat the new Senators at the PORT AU PR 00001649 002.2 OF 002 opening of the new legislative session the second Monday in January. The issue might be fudged, as Lambert and Cullity noted, by arguing that the two-year Senators' terms began when they were sworn in mid-2006. End Comment. ¶6. (C) Subsequent to the drafting of this cable, Ambassador called Preval to discuss events of the day. Stressing that it was important to keep the electoral calendar intact and not undermine the emerging democratic process in Haiti, she asked about CEP dissolution and senatorial elections. Preval told Ambassador that the consulations on a new CEP are "going well" and will be concluded in a week. The new CEP will then begin preparations for Senatorial elections, "in a climate of peace", with an eye to maintaining the current electoral calendar. Preval said that these elections will not/not be delayed. (Note. Logistically, senatorial elections may be difficult to pull off by December, but Preval and others have argued that the new Senators do not necessarily have to take their seats on January 8 following the election. That point is open to debate. End Note.) Preval reiterated his commitment to elections, although he allowed that the schedule for indirect elections (and a permanent CEP) is likely to lag. He noted that constitutional reform discussions can take place parallel to senatorial election preparations. SANDERSON