VZCZCXYZ0000
PP RUEHWEB

DE RUEHKG #0452/01 1591402
ZNR UUUUU ZZH
P 081402Z JUN 09
FM AMEMBASSY KINGSTON
TO SECSTATE WASHDC PRIORITY 7702

UNCLAS KINGSTON 000452 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PASS TO EC CARICOM COLLECTIVE FOR INFO 
 
STATE FOR WHA/CAR (ACADIEUX) 
(VDEPIRRO) (WSMITH) WHA/EPSC (MROONEY) (FCORNEILLE) 
EEB/ESC/IEC/EPC (MCMANUS) 
SANTO DOMINGO FOR FCS AND FAS 
TREASURY FOR ERIN NEPHEW 
INR/RES (RWARNER) 
 
E.O. 12958:  N/A 
TAGS: PGOV ECON SOCI JM XL
SUBJECT: JAMAICA: GOVERNING PARTY TO CHALLENGE PARLIAMENTARY 
QUALIFICATIONS OF OPPOSITION LEGISLATORS 
 
REF: A. KINGSTON 232 
¶B. KINGSTON 436 
¶C. 08 KINGSTON 398 
¶D. KINGSTON 405 
¶E. KINGSTON 315 
 
Summary 
------ 
 
¶1. (U) Summary: In reaction to protracted legal challenges against 
the qualifications of four of his ruling Jamaica Labour Party's 
(JLP) Members of Parliament (MP), Prime Minister (PM) Bruce Golding 
indicated on May 29 that he would consider mounting similar efforts 
against "several" sitting MPs from the opposition People's National 
Party (PNP) on dual citizenship grounds.  Undeterred, the PNP 
claimed it may challenge still more "Government members" alleged to 
be ineligible. A series of by-elections based on such legal 
challenges could fundamentally alter Jamaica's political landscape, 
paralyze the nation's political system during a time of turmoil and 
public safety concerns, heighten public cynicism over government 
credibility and fiscal priorities, and perhaps force Golding to call 
a snap general election.  End Summary. 
 
Background 
---------- 
 
¶2. (U) The constitutional dispute arose following the September 2007 
general election that swept the PNP out of power after eighteen 
years and returned the JLP to Gordon House.  Four PNP candidates 
subsequently filed electoral petitions in court against the JLP 
candidates who had bested them at the ballot box, contending that 
the Jamaican constitution prohibited from nomination for public 
office any candidate who had expressed "allegiance" to a foreign 
power. In February, 2009, the Supreme Court ruled that JLP MP Daryl 
Vaz's August 2007 nomination had been unconstitutional because of 
his dual U.S.-Jamaican citizenship and the fact that he had applied 
for and traveled on a U.S. passport.  Vaz had renounced his U.S. 
citizenship prior to the ruling and subsequently won re-election to 
his West Portland constituency in the March by-election (Reftel A). 
 
¶3. (U) Meanwhile, Jamaica is preparing for a June 16 by-election to 
fill another seat vacated when the Supreme Court ruled May 21 that 
JLP incumbent Gregory Mair had also been constitutionally ineligible 
when nominated in 2007 due to his dual Jamaican/Venezuelan 
citizenship (Reftel B).  Having now renounced his Venezuelan 
citizenship, Mair will face PNP candidate Granville Valentine to 
represent the North East St. Catherine constituency in Parliament. 
Two additional PNP challenges against JLP MPs are also likely to 
result in by-elections over the summer (Reftel B).  Were the PNP to 
win two or more of those races, the ruling JLP would lose its 
slender 31-28 majority in Parliament (Note: Because of the Court's 
ruling, Mair's seat is temporarily vacant.  End Note), and PM 
Golding probably would be forced to call a snap general election. 
 
Tit for Tat 
------ 
 
¶4. (U) The PNP's electoral challenges have clearly irritated 
Golding's administration, paralyzed parliamentary action on a number 
of budgetary and public safety measures, and cast a pall of 
uncertainty over Jamaican politics.  Speaking to reporters on May 
29, Golding said he had instructed Government of Jamaica (GOJ) 
attorneys to challenge the legitimacy of "several" PNP MPs. 
Although he mentioned no names, the PM claimed that as many as six 
seats were under investigation and that the JLP had "irrefutable 
evidence" of ineligibility in some cases, as well as "evidence that 
will have to be tested" in others. 
 
¶5. (U) In return, PNP Opposition Leader Portia Simpson Miller 
threatened to file more challenges against sitting JLP MPs, although 
the PNP acknowledged that at least two of its MPs do in fact have 
dual citizenship and would be vulnerable to the same types of legal 
challenges they've raised against the JLP MPs.  The two in question 
are widely believed to be Sharon Hay Webster of the South Central 
St. Catherine constituency and Ian Hayles of the Hanover Western 
constituency. 
 
¶6. (U) Several MPs are also believed to have Legal Permanent 
Residency (LPR) in the U.S., which also could raise a number of 
eligibility questions under Jamaican law and the Jamaican 
Constitution.  According to Article V, Section 39 (1)(b) of the 
Jamaican Constitution, an otherwise eligible candidate for public 
 
 
office must have been "ordinarily resident in Jamaica for the 
immediately preceding twelve months" prior to nomination.  However, 
the Department of Homeland Security (DHS) might consider an LPR who 
has spent such a long period abroad to have abandoned his or her 
residency.  To maintain residency status, LPRs who remain outside of 
the U.S. for more than a year must obtain a reentry permit or a 
returning resident visa.  Furthermore, DHS regulations prohibit LPRs 
from moving to another country with the intention of living there 
permanently, while the Jamaican Constitution requires that eligible 
candidates for public office be "ordinarily resident" in Jamaica. 
It may be problematic for a Jamaican LPR to meet the constitutional 
requirements for election to Parliament without jeopardizing his or 
her U.S. residency status. 
 
Conclusion 
------------- 
 
¶6. (U) In the past, the PM has been critical of resorting to the 
courts to overturn election results in particular constituencies, 
calling it a "blatant attempt to constitutionally overthrow" the 
JLP-led government.  However, his recent announcement that the JLP 
might challenge the eligibility of sitting PNP MPs suggests that the 
PM and his administration are reconsidering that position.  A series 
of by-elections based on such legal challenges could fundamentally 
alter Jamaica's political landscape, paralyze the nation's political 
system during a time of turmoil and public safety concerns, heighten 
public cynicism over government credibility and fiscal priorities, 
and perhaps force Golding to call a snap general election.  Eight or 
more by-elections over the course of several months could 
potentially bolster the JLP's slim 31-28 majority and provide 
Golding with the political muscle to push through his austerity 
budget and several other major pieces of pending legislation. 
Alternatively, given Jamaica's dire problems of crime and 
unemployment, a snap election might return control of Gordon House 
to Simpson Miller's PNP. 
 
¶7. (U) An obvious solution might be for the PM to dissolve the 
government, call snap elections, and settle the issue once and for 
all, this time presumably with eligible candidates more thoroughly 
vetted by their respective parties.  The PM has resisted such an 
option, however, as counter to the "mandate of the people."  When 
the dual nationality issue first emerged following the 2007 general 
elections, Golding sent feelers to the PNP proposing a mutual 
agreement whereby the two parties would refrain from contesting any 
by-elections ordered by the courts, thus maintaining the political 
status quo while allowing GOJ to address the nation's pressing 
economic and public safety issues; the PNP, however, was unreceptive 
to such entreaties (Reftel C).  More recently, Golding suggested 
that the JLP and PNP could resolve the dual nationality issue 
amicably through legislation, although the PNP has insisted on tying 
the issue to other constitutional reforms; moreover, many insist 
that constitutional provisions may only be altered through a 
national referendum.  In the current electoral climate, given 
Jamaica's economic woes (Reftel D and E) and the austere budget 
Golding's administration has presented to Parliament, it is by no 
means certain that a snap election would return the JLP to power, 
much less bolster its numbers in Parliament. End Comment. 
 
Heg