VZCZCXRO1376
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DE RUEHPU #0558/01 0801403
ZNR UUUUU ZZH
P 211403Z MAR 07
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC PRIORITY 5665
INFO RUEHZH/HAITI COLLECTIVE PRIORITY
RUEHBR/AMEMBASSY BRASILIA PRIORITY 1474
RUEHSA/AMEMBASSY PRETORIA PRIORITY 1297
RUEHQU/AMCONSUL QUEBEC PRIORITY 0758
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1173

UNCLAS SECTION 01 OF 03 PORT AU PRINCE 000558 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL 
S/CRS 
SOUTHCOM ALSO FOR POLAD 
STATE PASS TO USAID FOR LAC/CAR 
INR/IAA (BEN-YEHUDA) 
TREASURY FOR MAUREEN WAFER 
 
E.O. 12958: N/A 
TAGS: PREL PGOV HA
SUBJECT: HAITI ABUZZ WITH CONSTITUTIONAL REFORM 
 
REF: A. 06 PORT AU PRINCE 1012 
     ¶B. 06 PORT AU PRINCE 2413 
 
PORT AU PR 00000558  001.2 OF 003 
 
 
¶1.  Summary and Introduction: On March 7, President Rene 
Preval began holding working-group ''reflections''  with 
various sectors of society to discuss possible amendments to 
the constitution. From issues such as referencing Haiti's 
newly created tenth department (Nippes) to streamlining the 
numerous and expensive elections process, almost everyone 
agrees that the constitution needs to be modified to reflect 
Haiti's current situation.  The mounting controversy is 
between those who believe that it might be worth violating 
the constitution's amendment process in order to benefit 
immediately from the necessary changes, and those who think 
the government should adhere to the amendment process 
regardless of the time delay this would cause.  The country 
will celebrate the constitution's twentieth anniversary on 
March 29, and though numerous clauses have never been applied 
-- and many others have been violated -- due to both 
negligence and political turmoil, one emerging argument is 
that since its inception, the constitution is the only 
consistent governing element Haiti has had, and violating it 
would be a blow to recent progress.  End Summary and 
Introduction. 
 
Preval's Working Group Sessions 
- - - - - - - - - - 
 
¶2.  President Preval has asked representatives from the 
private sector, labor, education, human rights and other 
civil society groups to participate in working group sessions 
at the National Palace, which are led by a well-known 
constitutional historian, Claude Moise.  He has also asked 
lawmakers, political parties and members of the current 
government to attend the meetings.  According to Bernard 
Fils-Aime, president of the American Chamber of Commerce, the 
meeting, held March 3 for the private sector, had around 70 
attendees, who spoke openly with the President and Moise. 
Fils-Aime said that Preval was brief and stressed that this 
is only a discussion about the thought process of amending, 
not discussion about amending the constitution. 
 
¶3.  Moise gave a lengthy presentation on the history of the 
constitution and the violations committed against it; many of 
which, Fils-Aime noted, occurred during Preval's first 
presidency (see paragraph 5).   He also outlined the 
limitations of the presidency, calling Haiti's government 
''essentially a parliamentary dictatorship.''  (Ref A 
discusses presidential powers at length.)  Moise gave 
examples of constitutional weaknesses: the extensive 
bureaucracy, outdated regulations, and an arduous amendment 
process.  After Moise's presentation, the group discussed 
whether to follow the amendment process or whether to violate 
the constitution ''one last time.''  Overall, Fils-Aime said, 
the discussion remained fairly neutral and participants 
commended the President on his initiative to amend the 
constitution and on his willingness to listen to various 
civil society groups. 
 
Possible Amendment, Past Violations 
- - - - - - - - - - 
 
¶4.  Some of the most common amendment proposals are loosening 
Haiti's stringent laws barring dual nationality, extending 
property ownership to foreigners, developing a more 
affordable government framework, reducing the number of 
elections, and creating equilibrium between the executive and 
legislative branches.  Preval reportedly cited his inability 
to dissolve parliament should the two branches reach an 
impasse, or to veto legislation.  (Note: Parliament can 
override the President's veto with a two-thirds majority. 
End note.)  Other possible changes include clarity on who 
replaces the Prime Minister in his absence, what is meant by 
''presidential vacancy'' (ref B), the creation of a body to 
interpret the constitution, and adjusting or abolishing the 
set dates of presidential elections and inauguration, both of 
which have been repeatedly ignored in the past. 
 
¶5.  Due to both negligence and circumstance, political 
 
PORT AU PR 00000558  002.2 OF 003 
 
 
leaders have violated Haiti's constitution since its 
inception.  Examples of violations are numerous and include 
the army's disbandment, the creation of a Provisional (vice 
Permanent) Electoral Council (CEP), former President 
Aristide's departure, and the resulting interim government 
from 2004-2006. 
 
Delaying Elections, Increasing Executive Power 
- - - - - - - - - - 
 
¶6.  Micha Gaillard, spokesperson of FUSION, told Poloff that 
following the President's meeting with political parties, 
participants doubted the president's intentions and noted 
that he sought to increase his power over that of the 
legislative branch.  Also, the political parties expressed 
concern that this is part of the government's scheme to stop 
inauguration of the recently-elected local leaders and avoid 
further elections, both local and parliamentary until the end 
of the President's tenure in 2011.  (Note:  Lionel Delatour, 
a prominent businessman relayed the same rumor to Polcouns. 
End note.)  Gaillard referred to the Constitution, which 
created decentralization in Haiti, but said that to this day, 
decentralization has never been completed.  He said that 
without the results of the local elections, local authorities 
could not appoint a permanent CEP, and that 1/3 of the senate 
would not be replaced at the end of this year, as mandated by 
the constitution.  He also noted that the legislative menu 
that the executive presented to parliament included the 
annulment of a decree, passed by the interim government, 
which gives guidance for enforcing decentralization. 
 
Political Parties Not Alone in Voicing Opposition 
- - - - - - - - - - 
 
¶7.  According to Deputy Maxeau Balthazar, the parliament is 
in favor of amending the constitution; few parliamentarians, 
however, would come out in favor of violating the amendment 
process.  Balthazar stressed that Haiti is a young democracy, 
and for many parliamentarians, this is their first chance to 
apply the constitution.  Amending it before it has been 
applied would be disrespectful of what Haiti has worked so 
hard to achieve since the first round of elections in 
February 2006. 
 
¶8.  Fils-Aime said that several participants at the private 
sector meeting were adamant that the 
constitutionally-mandated amendment process should not be 
violated.  Leopold Berloger, director of a talk radio 
program, cautioned the president to be sure that he follows 
the process with the most consensus, for fear that he might 
send the wrong message to his mostly favorable populous. 
Fils-Aime recalled that the interim government had also 
discussed amending the constitution.  This would have been a 
disaster and should serve for further caution by Preval. 
 
¶9.  Director of Haiti's Civil Society Initiative, Rosny 
Desroches, told Poloff that in private round table 
discussions, the members voiced strong opposition to the 
possibility of altering the constitution according to any 
other process other than that outlined in the constitution 
itself.  One participant at the meeting struck a cord when 
she said that if it were not for the constitution, Aristide 
might still be running the country.  Desroches summed up the 
general feeling: Haitians recognize past violations but would 
not want to use this as precedent today. 
 
Five Years at Best by the Book 
- - - - - - - - - - 
 
¶10.  Estimates vary, but in the best possible scenario, 
constitutional amendments could be recommended by the current 
(48th) legislature in 2010 if two-thirds of both houses vote 
in favor; the amendments could then be ratified by the 49th, 
again requiring two-thirds passage by both houses, in 2011. 
The amendment would enter into effect after the installation 
of President Preval's successor.  Any delay in passage of the 
recommendation under this government would set the entire 
process back by at least five years. 
 
 
PORT AU PR 00000558  003.2 OF 003 
 
 
Create a Commission; Adhere to the Spirit 
- - - - - - - - - - - 
 
¶11.  According to those present, participants at the 
president's meetings agreed that this is the time to start 
discussing the amendment process, but that this should not be 
his highest priority.  The private sector representatives 
were more open to the thought of amending the constitution 
without following the amendment process, but proposed 
nonetheless that the President step aside, and let a 
commission examine this issue for the next couple of years. 
In 2010 when Preval could constitutionally propose the 
amendments, the government should then make a decision on 
whether to adhere to the constitution or not.  (In response 
to this suggestion, the President retorted that he is not 
talking about creating a commission, he just wants to listen 
to various sectors on the issue.) 
 
¶12.  Desroches stressed that the civil society believed that 
the constitution should not be violated, and that the 
document was flexible enough to mold to the current situation 
while waiting for the amendments.  For example, the Permanent 
Electoral Council, which calls for a total of nine 
representatives (one from each department), could be staffed 
with ten to account for Haiti's newest department, Nippes, 
without violating the spirit of the constitution.  As far as 
the interminable elections cycle (national elections for the 
senate every two years, thousands of local politicians, 
subsequent indirect elections), which Haiti can ill afford, a 
wide consensus to modify the constitution could allow for 
interim suspensions of elections until the constitution can 
be formally modified. 
 
Claude Moise:  Biographical Information 
- - - - - - - - - - - 
 
¶13.  Moise is the editor of Nouvel Matin, the newspaper 
associated with its founder and G-184 member Reginald Boulos. 
 He is Haiti's foremost constitutional scholar.  Because of 
his association with G-184 and his background as an academic 
and historian (and not a lawyer), some question whether he 
has the leadership skills to head up this project. 
 
Comment 
- - - - - - - - 
 
¶14.  Haitians, starving for the kind of political dialogue 
the President initiated, have heralded Preval's efforts to 
begin the discussion about possible amendments.  However, 
they are quick to stress that the constitution should be 
altered by the process outlined in the constitution itself. 
The private sector is the only group so far willing to 
entertain amendments ratified by extra-constitutional means. 
This initial reaction may change after three years when 
Preval is on his way out and could no longer benefit from the 
changes.  However, should he move to modify the constitution 
before this time, post suspects he will face strong 
opposition.  Also, the Prime Minister and parliament will 
likely oppose any alterations that reduce their 
constitutional powers, which President Preval allegedly has 
in mind. 
 
¶15.  That being said, the country could stand to benefit 
enormously from some of the proposed changes such as allowing 
for dual nationality and opening up land ownership to 
foreigners, which would encourage the diaspora to return and 
stimulate foreign investment.  Also, the elections cycle is 
complex and expensive for a country with limited government 
revenue.  As Preval pointed out in one of his meetings, 
estimates show that elections between now and 2011 could cost 
as much as US $30 million, which at US $1 million per paved 
kilometer could pave 30 kilometers of new roads.  End comment. 
TIGHE