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ZNR UUUUU ZZH
P 021920Z MAR 09
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC PRIORITY 9678
INFO RUEHZH/HAITI COLLECTIVE PRIORITY
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL PRIORITY

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 000228 
 
SIPDIS 
 
STATE FOR WHA/EX, WHA/CAR, INR/IAA, INL (KEVIN BROWN) 
STATE PASS USAID FOR LAC/CAR 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM HA
SUBJECT: HAITI: PREVAL ESTABLISHES COMMISSIONS ON JUSTICE 
AND THE CONSTITUTION 
 
REF: 07 PORT AU PRINCE 558 
 
Summary 
------- 
 
¶1. (SBU) President Rene Preval on February 19 established 
commissions on judicial and constitutional reform, two of his 
key political priorities for which he is attempting to 
generate consensus.  Amending the constitution is the more 
controversial initiative, where many critics suspect Preval 
is aiming to make it possible for him to run again.   Haiti 
nevertheless needs to improve an overburdened and inept 
justice system and overhaul its unwieldy constitution.  End 
summary. 
 
Preval:  Judicial System Corrupt and Ineffective 
--------------------------------------------- --- 
 
¶2. (U) President Preval presided over a formal ceremony 
February 19 at the National Palace inaugurating commissions 
on judicial reform and the constitution that he established 
by Presidential decree the day before.  His speech 
acknowledged a continued lack of progress in reforming the 
justice sector, which he admitted was corrupt and staffed by 
inadequately trained and underpaid judges.  Courts were 
insufficiently equipped to carry out their legal obligations. 
 Inefficient coordination between the judicial and police 
systems also compromised the integrity of the judicial system. 
 
¶3. (U) Preval said that prisons are ''full of people who 
should have been freed'' and streets are ''full of 
delinquents who should be incarcerated.''  The Judicial 
Reform Commission, comprised of eighteen members from civil 
society, the legal profession and political organizations, 
will be led by ''Fusion'' party spokesperson Micha Gaillard. 
It is mandated to develop a short- and long-term plan of 
action within 12 months. 
 
Will Consensus and Quick Recommendations Be Enough? 
--------------------------------------------- ------ 
 
¶4. (U) Despite his lack of a legal background, Gaillard's 
political and consensus building skills make him well-suited 
to lead the Commission.  Addressing the inauguration 
ceremony, he emphasized that the Commission would take an 
inclusive and participatory approach to its review of reforms 
in three areas:  the judiciary, the police and the prison 
system.  Gaillard told the Ambassador February 19 he was 
confident Preval would grant his commission the autonomy it 
needed to work.  He said he understood the imperative of 
producing recommendations that could be quickly implemented 
and showcase progress, which will be needed to reassure a 
skeptical public.  He pointed to the appointment of the 
President of Haiti's Supreme Court (Cour de Cassation) and 
the naming of members to the Superior Council of the 
Judiciary (Conseil Superieur du Pouvoir Judiciaire - CSPJ) as 
actions that could immediately strengthen the judicial system. 
 
Prior Efforts on Justice Reform May Pave the Road Forward 
--------------------------------------------- ------------ 
 
¶5. (U) Gaillard considered Preval genuinely committed to 
continuing judicial reform.  He recalled Preval's April 2007 
request to him to collaborate in an informal working group 
with civil society, business and human rights representatives 
and parliamentarians to formulate recommendations to improve 
the justice sector.  The current Commission would build upon 
that foundation.  That working group, also under Gaillard's 
charge, is credited with facilitating passage in late 2007 of 
three pieces of judicial legislation reform which will 
increase judicial independence and oversight by establishing 
the CSPJ, set out qualifications and obigations of 
investigators and district court judes, and re-open Haiti's 
magistracy school.  The ust-appointed Commission may also 
press for passae of other important laws already in draft 
form nd under discussion:  a law guaranteeing habeas copus 
and limiting preventive detention; penal andprocedural code 
reform(which would incorporate nto the code new types of 
crime such as money laudering, as well as modernize 
investigative technques); and a judicial framework act, 
which wouldpermit reorganization of the Ministry of Justiceand Public Security. 
 
¶6. (SBU) Gaillard emphasizd the Commission would seek to 
reinforce the capaity of the Ministry of Justice, not usurp 
its authority or mandate. He told the Ambassador that he 
considers Minister of Justice Exume a capable partner. 
 
 
PORT AU PR 00000228  002 OF 002 
 
 
Constitutional Reform Moves to the Front Burner 
--------------------------------------------- -- 
 
¶7. (U) Preval announced at the same February 19 ceremony the 
establishment of a Commission on the Constitution.  He argued 
that the 1987 Constitution was outdated and a source of 
instability.  Preval told a Palace audience that ''if the 
country's mother law (the constitution) is sick, then the 
entire country is sick.''  Preval highlighted his commitment 
to broad dialogue and said the Commission's recommendations 
could be submitted to Parliament as early as September. 
 
¶8. (SBU) The seventeen-member Constitution Commission will be 
chaired by Le Matin newspaper Chief Editor and respected 
constitutional historian Claude Moise.  The Commission also 
includes personalities from the academic, human rights and 
civil society sectors.  Preval appointed Moise in 2007 to 
head a constitutional reform working group.  Since that time, 
he identified several problematic provisions of the 
Constitution, including its ban on dual nationality, an 
unwieldy and complicated system of elections, and an 
overly-arduous constitutional amendment process (reftel). 
 
¶9. (U) At the installation ceremony, Moise argued that the 
Constitution endangered ''govern-ability'' and hence, Haiti's 
stability.  He asserted it was critical to take into account 
the financial and human resources of the country in assessing 
the import and utility of the Constitution in its current 
form.  In a March 1 radio interview, Moise said his 
commission would consult widely with experts and other 
interested parties in Haiti, and with any foreign 
constitutional experts who offered their ideas.  Moise said 
the commission's job was to help form a consensus around 
reforming the constitution.  He demurred when asked for 
specific amendments he supported, saying his commission would 
debate these internally before making the discussion public. 
 
Political Parties Respond:  Mixed Views 
--------------------------------------- 
 
¶10. (U) Major political parties have yet to comment on the 
constitutional commission, but the response of several lesser 
parties has been mixed.  Assembly of Progressive National 
Democrats (RDNP) Secretary-General and Kiskeya University 
Dean of Law, Mirlande Manigat, said February 26 that 
amendments to the Constitution should be adopted according to 
the constitution's own procedures.  She warned that amendment 
procedures may be thwarted if partial Senate elections do not 
take place according to plan. (Note:  The 1987 constitution 
requires that both houses of two successive legislatures 
approve constitutional amendments in identical form by a 
two-thirds vote.  The current Senate, which lacks 12 of its 
30 members due to delayed elections, lacks sufficient members 
to approve amendments.  End note.) 
 
¶11. (U) Luc Mesadieux of the Christian Movement for a New 
Haiti (MOCHRENHA) believed revision of the Constitution was 
essential, but considered Preval's intentions suspect.  He 
warned that Preval is seeking to revise the constitution to 
allow for consecutive presidential terms and to establish a 
''presidential regime.''  (Note: the current constitution 
limits the President to two, non-consecutive terms.  End 
note.) 
 
Comment 
------- 
 
¶12.  (SBU) The appointment of these bodies follows the 
establishment of commissions investigating the creation of a 
public security force or army (in operation for over a year), 
enhancing Haiti's economic competitiveness, and exploiting 
information/communication technology (the latter two 
appointed approximately two months ago).  These commissions 
are in keeping with Preval's practice of seeking dialogue and 
consensus on hard political issues and structural economic 
challenges.  His persistent critics suspect he will use the 
commissions to bypass institutions such as the Parliament and 
ministries.  Some observers, including political friends of 
Preval, suspect that his motive for pushing constitutional 
reform is to allow himself to run for a third term.  Still, 
Preval's directive that the commission on the constitution 
should submit proposals to parliament is consistent with 
adhering to the 1987 constitution's amendment procedures. 
With the clock ticking toward the end of his second term (in 
early 2011), Preval's window of opportunity for acting on 
strategic political and economic initiatives is slowly 
narrowing. 
TIGHE