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