OEA/Ser.G
4 September
2002
Original: French/English
CP/RES. 822 (1331/02)
SUPPORT FOR
STRENGTHENING DEMOCRACY IN HAITI
THE PERMANENT COUNCIL
OF THE ORGANIZATION OF AMERICAN STATES,
DEEPLY CONCERNED
by the continuing political
crisis in Haiti resulting from the elections of May 21, 2000;
HAVING CONSIDERED the extensive efforts by the OAS and CARICOM to contribute to resolution of that crisis and the numerous missions that these two organizations have dispatched to Haiti to facilitate agreement on a political accord, without having reached a satisfactory solution;
HAVING SEEN the Sixth Report of the Mission of the
Organization of American States to Haiti on the OAS-CARICOM mission to
Haiti from July 5 to 10, 2002 (CP/doc.
3625/02 corr. 3), headed by the Assistant Secretary General, Ambassador
Luigi Einaudi, and the Minister of Foreign Affairs of Saint Lucia, the
Honorable Julian Hunte, in his capacity as CARICOM representative, and the Report of the Secretary General In Response to CP/INF. 4724/02
(CP/doc.3643/02 corr. 1);
HAVING NOTED in
those documents the respective positions of the Government of Haiti and
Convergence Democratique with regard to the Draft Initial Accord submitted by
the OAS and CARICOM negotiators on June
12, 2002;
RECOGNIZING that Fanmi Lavalas and
Convergence Democratique have agreed on the need for elections in 2003 and on
the formation of the Provisional Electoral Council (CEP), as well as on its
composition and on arrangements for appointment of its members, as set forth in
the OAS Draft Initial Accord (Rev. 9) of June 12, 2002;
RECALLING resolutions CP/RES. 772 (1247/02) of August
4, 2000; CP/RES. 786 (1267/01) corr. 2, of March 19, 2001; AG/RES. 1831
(XXXI-O/01) of June 5, 2001; CP/RES. 806 (1303/02), corr. 1, of January 15,
2002; and AG/RES. 1841 (XXXII-O/01), of June 4, 2002;
TAKING INTO
CONSIDERATION the steps the Government of Haiti has taken to comply with these
resolutions, as stated in the Report of
the Secretary General In Response to CP/INF. 4724/02 (CP/doc.3643/02 corr. 1);
BEARING IN MIND:
That the Special Mission of the Organization of American States to Strengthen Democracy in Haiti has been deployed and is pursuing its activities in accordance with resolution CP/RES. 806 (1303/02) corr. 1;
That the independent Commission of Inquiry has submitted its report on the events of December 17, 2001, and that the Government of Haiti has committed to implement the recommendations made in this report;
That on July 10,
2002, the Government of Haiti
and the victims of the events of December 17, 2001, signed a protocol of
agreement on the payment of reparations and that the Government of Haiti has committed itself to make payment to
each victim based on procedures established by the OAS Advisory Council on
Reparations;
That the
Government of Haiti has proposed that free, fair and technically feasible
legislative and local elections be held in the first half of 2003;
CONVINCED:
Of the need to normalize the functioning of democratic institutions in Haiti and to strengthen them, in keeping with the spirit and principles of the Charter of the OAS and the Inter-American Democratic Charter, and that for this purpose the OAS will continue to use its good offices and resources;
That preparations must begin soon for free,
fair and technically feasible legislative and local elections in 2003;
That dialogue and consensus-building measures
are necessary to help guarantee a peaceful and democratic solution to the
political crisis in Haiti;
REAFFIRMING:
That the
Inter-American Democratic Charter proclaims that “the peoples of the Americas have a right to democracy and that
their governments have an obligation to promote and defend it;” and that
“essential elements of representative democracy include, inter alia, respect
for human rights and fundamental freedoms, access to and the exercise of power
in accordance with the rule of law, the holding of periodic, free, and fair
elections based on secret balloting and universal suffrage as an expression of
the sovereignty of the people, the pluralistic system of political parties and
organizations, and the separation of powers and independence of the branches of
government”;
That the Inter-American Democratic Charter
also states that “democracy and social and economic development are
interdependent and are mutually reinforcing” and that the “promotion and
observance of economic, social, and cultural rights are inherently linked to
integral development, equitable economic growth, and to the consolidation of
democracy in the states of the Hemisphere”; and
DEEPLY CONCERNED by the continuing deterioration of the socioeconomic situation in Haiti, the ongoing suffering of the people, and its potential for humanitarian disaster and convinced that efforts must be made, as a matter of urgency, to alleviate these conditions;
RESOLVES:
1. To take note of the Sixth Report of the Mission of the Organization of American States to Haiti (CP/doc. 3625/02 corr. 3) concerning the joint OAS/CARICOM efforts to facilitate a solution to the political crisis in Haiti, and to thank the OAS Secretary General, the Assistant Secretary General and the Minister of Foreign Affairs of Saint Lucia in his capacity as Representative of CARICOM for their initiatives in this regard.
2. To take note of the report of the
Commission of Inquiry and to thank the Commission and the Advisory Council on
Reparations for their diligent efforts in contributing to a peaceful resolution
of the political crisis in Haiti.
3. To welcome the Government of Haiti’s
expressed commitment to implement the recommendations of the Commission of
Inquiry as well as the recommendations of the Advisory Council on Reparations,
as reflected in the Accord signed by the Minister of Justice, Claimants and
their Representatives on July 9, 2002, and to call on the Government of Haiti
to do so as soon as possible.
4. To further welcome the Government of Haiti’s pledge to undertake additional confidence building measures, bearing in mind that some elements can be implemented more expeditiously than others and that additional financial and technical assistance may be necessary. These measures include:
a. To publish within 60 days of receipt of the Commission of
Inquiry Report a report by the Minister of Justice on actions taken with respect
to persons found to be implicated in the events of December 17, 2001 and
subsequent days;
b. To strengthen its disarmament policies and programs and, in
this regard, invite the active cooperation of the International Community,
through the OAS Special Mission, in the development and implementation of a
comprehensive disarmament program;
c. To implement, to the fullest extent of its lawful authority,
all the Recommendations on Human Rights and the Press set forth in the Report
of the Commission of Inquiry into the Events of December 17, 2001, and all
other Recommendations in the Report that are, in whole or in part, directed to
it.
5.
To recognize,
as noted in the report of the Secretary General of August 20, 2002 (CP/doc.
3643/02 corr. 1), the positive steps that the Government of Haiti has taken to
date to implement Permanent Council resolution CP/RES. 806 (1303/02) corr. 1
and to support and urge it to implement fully all pending elements of that
resolution as soon as possible, bearing in mind that some elements can be
implemented more expeditiously than others and that additional financial and
technical assistance may be necessary.
These include in particular:
a.
The restoration
of a climate of security;
b. The effective prosecution of any person, and dismissal, when appropriate, of any person found to be author of or accomplice in the violence of December 17, 2001, and subsequent days;
c.
The completion
of a thorough inquiry into all politically-motivated crimes;
d. Prompt reparation for organizations and individuals who suffered damages as a direct result of the violence of December 17, 2001.
6. To urge the Government of Haiti that,
with a view to establishing the conditions for elections to be held in 2003, it
renew efforts to ensure a climate of security and confidence within the
parameters established in operative paragraph 5 of AG/RES. 1841 (XXXII-O/02),
bearing in mind the need to strengthen
independent police and judicial institutions as part of its renewed efforts to
combat impunity as called for in paragraph 6 of AG/RES. 1841 (XXXII-O/02).
7. To
reaffirm the importance of holding free, fair, and technically feasible
legislative and local elections—on a date in 2003 to be established by the
Provisional Electoral Council (CEP)--in which all political parties can
participate freely and securely. The
conduct of these elections shall take into consideration the Government of
Haiti’s constitutional electoral prerogatives and shall be in accordance with
the process proposed by the OAS in the Draft Initial Accord (Rev. 9) of June
12, 2002, which includes:
a. The formation of an autonomous, independent, credible and neutral CEP) no later than two months after adoption of this resolution;
b. The establishment by the CEP, within the parameters of
Haitian law and no later than 30 days after the formation of the CEP, of a
Electoral Guarantees Commission (CGE),
which shall be comprised of, inter alia, representatives of a national
coordination body formed on the basis of experience of coordinating electoral
observation in Haiti and of civil society organizations, and witnessed by
representatives of electoral observation missions and the OAS Special Mission
to Strengthen Democracy in Haiti ;
c. The monitoring by the CEP of the activities of the police in
connection with the electoral process.
8. To
further recognize the urgency of forming the CEP, in accordance with the
process proposed by the OAS in the Draft Initial Accord (Rev. 9) of June 12,
2002, no later than two months after adoption of this resolution.
9. To
offer the Government of Haiti, political parties, and civil society the support
and technical assistance of the Organization of American States that is
required to facilitate the process of forming the CEP and preparing for and
holding these elections.
10. To
encourage all Haitian parties to participate in all relevant aspects of those
elections and in the electoral process leading up to it.
11. To
support normalization of economic cooperation between the Government of Haiti
and the international financial institutions and urge those parties to resolve
the technical and financial obstacles that preclude such normalization.
12. To reaffirm the mandates of the
Secretary General and the OAS Special Mission in accordance with AG/RES. 1841
(XXXII-O/02), AG/RES. 1831 (XXXI-O/01), and CP/RES. 806 (1303/02 corr. 1) and
to instruct the Secretary General to strengthen further the Special OAS Mission
to Haiti in order for it to support, monitor, and report on implementation of
this and all other pertinent OAS resolutions and on commitments of the
Government of Haiti, as set forth in these resolutions and in accordance with
the agreement between the Government of Haiti and the OAS on the Special
Mission to Strengthen Democracy in Haiti.
These commitments include:
a. Strengthening of democratic institutions, including
political parties, in order to guarantee a pluralistic political party system;
b. Formation of a new Provisional Electoral Council (CEP), in
accordance with the process proposed by the OAS in the Draft Initial Accord
(Rev. 9) of June 12, 2002, and all of the CEP’s activities;
c. Establishment by the CEP of an Electoral Guarantees
Commission (CGE);
d. Development and implementation of a comprehensive
disarmament program;
e. Promotion of a National Dialogue and Consensus Building
between the Government of Haiti, all political parties, and Haitian civil
society;
f. Professional development of an independent police
institution, development of a security plan and creation of a climate of
security for the 2003 elections;
13. The OAS Special Mission will also:
a. Support, monitor, and report on provision by the
international community and the OAS of technical electoral assistance prior to
and following the 2003 elections and on deployment of an electoral observation
mission to observe all aspects of the electoral process;
b. Coordinate efforts of the international community to provide technical and financial electoral assistance, including electoral planning, technical assistance, security, and observation of the elections in 2003.
14. To call on the Secretary General to
remain engaged in efforts to resolve the political crisis in Haiti, to follow
the evolution of the situation, and to submit to the Permanent Council every
two months detailed reports regarding the implementation of the present
resolution.
15. To
call on the international community to provide as a matter of urgency
additional funds to the OAS Special Mission in order to help finance its
economic, social and institutional strengthening programs for Haiti, with a
view to discharging its additional responsibilities under this resolution.
16. To further call on the international community to provide technical
and financial support for the elections in
2003, particularly by observing the pre-electoral formation and operation of the CEP and post-electoral
operations, as well as the elections themselves.
CP10180E01.DOC