OEA/Ser.G
CP/
Original: English / French
REPORT
OF THE OAS SPECIAL
IN
AS
OF
OEA/Ser.G
CP/
Original: English / French
REPORT
OF THE OAS SPECIAL
IN
AS
OF
TABLE
OF CONTENTS
Letter from David Lee to the SG
I. Reparations
and Prosecutions Regarding December 17, 2001
III. Professionalization
of the Haitian National Police
II. The International Community
Annex A: March 19 Welcoming Statement of President
Arisitide to the High-level Delegation.
Annex B: March 20 Departure Statement of the OAS/CARICOM
High-level Delegation
Annex C: Actions to be taken by the President and
Government of Haiti
Annex D: Points for civil society and the Convergence Démocratique
Annex E: Report of the Government of Haiti
Annex F: Statement of the Episcopal Church of Haiti
Annex G: March 28 Letter of Convergence Démocratique to
the OAS Special Mission
Annex H: March 31 Declaration of the Group of 184
Organizations and Entities
REPORT
OF THE OAS SPECIAL
IN
AS
OF
The
OAS-CARICOM High Level Delegation (the High-level Delegation) which visited
Because
of the importance, for the holding of credible elections this year, of creating
a Provisional Electoral Council (CEP) very quickly, the OAS Special Mission was
asked to report on actions by all concerned taken by a cutoff date of March 30.
St. Lucian Foreign Affairs Minister
Julian Hunte, the Chairman of CARICOM’s Council
for Foreign and Community Relations and Ambassador Luigi Einaudi, the OAS
Assistant Secretary General, led a High-Level Delegation comprising 19 senior
members representing 12 countries/organizations to Haiti from March 19 to 20 to
support the implementation of Resolution CP/Res. 822, which had been approved
on September 4, 2002.
The High –level Delegation’s arrival
statement emphasized “the international
community’s firm commitment that all sides in
Resolution 822 lists important and
extensive obligations undertaken by the Government of Haiti. Accordingly, during their two-day visit, the
delegation met first with President Aristide, and later with the Prime Minister
and members of Cabinet. Delegation
leadership met again before their departure with the President. Given the roles foreseen for them under
Resolution 822, discussions were also held with the Convergence Démocratique and civil society including the Conférence Episcopale, as well as with the
Friends of Haiti. In his March 19
declaration to the Delegation, President Aristide called for the formation of
the CEP as he said it would send an important message to the population about
the need for reconciliation. He said “In fact, it will serve as a vehicle for
reconciliation, because it will be a forum for peaceful resolution of disputes
by discussion and agreement, instead of conflict.” He also emphasized the dysfunction in the
judiciary and his commitment to fight impunity.
In his declaration, the President committed himself to a series of
actions, though he did not set a specific timetable for implementation. The text is attached as Annex A[1]/.
The High-level Delegation informed
representatives of civil society and the opposition Convergence Démocratique,
with whom it met, that the international community would not support efforts to
remove President Aristide through violent confrontation in the streets. The High-level Delegation emphasized further
that internationally - supported elections are the way to solve
The High-level Delegation raised a
number of previously agreed points with the Government side, as well as other
considerations respectively in relation to their several Haitian interlocutors.
In their departure statement, the Delegation emphasized inter alia that “it is now
imperative that the Provisional Electoral Council be established, as agreed, so
as to allow for credible elections to be held in 2003”. They urged that all
concerned take the specific, concrete steps which would allow the establishment
of the CEP by March 30. The text is attached as Annex B.
The points put to the government are
attached as Annex C. The points to civil society and to the Convergence
Démocratique are attached as Annex D
The Government of Haiti undertook to
provide all relevant information on action taken by
As of March 31, a CEP has not yet
been established.
Since the 3rd Report of
the Secretary General pursuant to Resolution 822, covering the period from
Specific violations during this
period included the March arrests and illegal police custody (for more than 48
hours) of opposition leader Pastor Jackson Noel in Cap Haitien and of women’s
leader Carline Simon and her husband in Port au Prince; and the break-up, by
police, of a women’s demonstration on March 10 in Port au Prince. During the
visit of the high level CARICOM/OAS delegation, police beat journalists and
demonstrators in front of the French Embassy and in plain view of their
personnel. On the same day, police
allegedly stood by as government supporters from Hinche physically assaulted
members of the Papaye Peasants Movement
(MPP) as they attempted to travel to Hinche. These and other acts were strongly condemned
by local and international NGOs, Embassies and the OAS Special Mission. They put into question the government’s
commitment to respect individual political and civic rights, particularly
freedom of speech and the right to demonstrate.
Since March 4, the coalition of 184
civil society organizations’ “Caravan of
Hope” travelled to Hinche and St. Marc under police protection and without
incident, as observed by the OAS Special Mission. During their March 15 meeting with civil
society representatives in Les Cayes, however, government supporters allegedly
threw stones and otherwise threatened the caravan members. The OAS Special
Mission was not present. High level
interventions (including by the
Since the above-mentioned incidents
on March 20 and the departure of the High Level Delegation, the OAS Special
Mission has not received any reports of serious human rights violations. However the issue remains: how to assess the
continuation of serious security and human rights incidents, mainly attributed
to the police or government supporters, at a time when the Government was
preparing to meet with, then hosting, the High Level Delegation, with an agenda
to develop a climate of confidence such as to encourage the holding of credible
elections over the next few months? Many
observers, including some not involved in political parties or other groupings,
are concerned that the government uses one language for the international
community and another for the local community.
Since the departure of the High
Level Delegation, the Government has been active on most fronts covered by the
discussions with the Delegation. The
sections below review developments, and should be read in conjunction with
Annex A, the President’s March 19 statement of intentions and commitments, and
with Annex E the Government’s March 30 Report on its actions, declarations and
decisions. The sections generally
follow the line of points raised by the High Level Delegation with the
Government.
The OAS Special Mission would like to
note its appreciation for those political and administrative representatives of
Government who demonstrated during this hectic period their competence,
dedication and willingness to seek constructive ways to carry out the mandate. The work of the newly established GOH/OAS
Joint Committees was encouraging during this initial period.
I. REPARATIONS
AND PROSECUTIONS REGARDING
a.
Finalize reparations dossier, including MOCHRENHA.
The final portion of the total 30 million gourdes in
reparations was paid to the political party MOCHRENHA on March 21, finalizing
their dossier. This brings to a close
the reparations dossier for political parties and other institutions. Of the 70 individuals listed as victims by
the government, 35 accepted final settlements which were about 50% of the amount reported by the GOH; see Annex
E.
Observation:
Although very slow, and requiring continuing
attention, this file appears on the way to resolution. The GOH/OAS Joint
Committee will have to closely monitor the dossier with a view to transparency
and fairness, and to be sure that all victims are justly paid.
b.
Arrest of Amiot Métayer
This was not done. The Government of Haiti reported
that, on the basis of instructions dated March 21 ( in
Annex E), they made an unsuccessful attempt to arrest Métayer on March 23, but
understood that he had fled the country.
Documents were issued ordering that the borders be watched. Several subsequent unconfirmed sightings of
Métayer in both Port au Prince and
Observation: The Special Mission told the President on March 25
that given the profile of Métayer in
c.
In accordance with Terms of Reference on Justice/Impunity, set up a
Task Force with Special
On March 29, the GOH/OAS Special Mission Joint
Committee on Justice agreed to the composition of the Task Force as proposed by
the government. The Task Force is
comprised of the Port-au-Prince State Prosecutor, the Judicial Police Director,
the Doyen of the
Observation:
This decision provided the Task Force is enabled to get to work quickly and to
proceed effectively, could be significant in terms of tackling a number of key
outstanding cases; and thus reducing the crippling weight of impunity in the
public mind.
It may be noted that
although there were reports of summonses issued in late March in regard to persons
reportedly involved in the December 17 events, the
a.
Push forward on Dominique and Lindor cases. Arrest those already
indicted for the murder of Brignol Lindor.
The final indictment in the
Jean Dominique and Jean Claude Louissaint murders was submitted to the State
prosecutor by the investigating judge on March 21 and subsequently released to
the public. Six individuals, facing
charges of either murder or complicity, will be brought to trial. Another six, including a high profile member
of Parliament, were discharged in the indictment. Conclusions drawn in the report, following 3
years of investigation, were widely criticized and described as incomplete as
no indication of the intellectual author (s) of the crime was presented. Michel Montas, Jean Dominique’s widow,
publicly stated her intent to appeal the case.
President Aristide declared his support for an appeal and his
dissatisfaction with the results of the investigation during a speech he made
to a police unit on March 28 ( in Annex E).
Observation: Although finalizing prosecutions and
releasing the indictment is an important step in any criminal investigation, it
is very unfortunate that, after three years and for whatever reasons, the
indictment was allowed to be incomplete in several respects; and disappointed
all expectations it would tackle the basic issues in this landmark case. There is a widespread view that pressure was
exerted, a view which undermines any otherwise serious efforts to combat
impunity.
On 27 March, the
b.
Choose 5 of the 12 cases brought forward last June 17 following the
Nunciature meeting and progress in their investigations and prosecutions.
On March 29, the GOH proposed the following five cases
for treatment by the new Task Force (above), a list which was accepted by the
GOH/OAS Joint Committee on Justice:
1.
Mireille Durocher Bertin
2.
Deputy André Diogène
3.
Senator Yvon Toussaint
4.
Deputy Jean Hubert Feuillé
5.
Ramy Darant.
The remaining five cases are to be treated at a second
stage by the Task Force. (The other two
are the Dominique and Lindor cases.)
c.
Abstain from bringing pressure to bear on judicial officials and allow
justice to be dispensed in accordance with the rule of law.
President Aristide spoke directly to this issue during
his speech to the police on March 28 in
Annex E): “Whether it is people working
for the State, or people in the minority private sector or the majority private
sector, whether it is people in the minority or the majority of civil society,
whether it is Haitians living in the provinces or in the city, none of us has
the right to put pressure on a judge or prosecutor, who should be able, in his
soul and conscience, to let the law guide him/her in rendering justice
correctly”. He also spoke of the importance of the rule of law.
The trial of Rosemond Jean commenced on March 24
without any indication of intimidation or other politically motivated
interruption. (On March 31, Rosemond Jean was conditionally freed, with a
return to court scheduled for April 7th.) However, with regard to
the case of Prosper Avril, release orders issued by an appellate court were
ignored; and on
Observation:
How the cases under b. and c. are handled will be touchstones for the
perception of the independence
of Haitian justice.
III. PROFESSIONALIZATION
OF THE HAITIAN NATIONAL POLICE
a.
Appoint new leadership before the end of March
in consultation with OAS SM.
On
Observation:
The President in his Declaration of March 19, and subsequently, did not commit
to consultation, but was aware of the importance attached to the matter by the
High Level Delegation. In the March 25
meeting with the Special
It should be noted that the concerns of the Special
b. In order to improve professionalism and efficiency
at all levels, from top to bottom, closely monitor performance, in conjunction
with the Special Mission, replace any police official who can not perform his
or her job properly and lawfully.
President Aristide declared his commitment to do this
in his
Observation:
It is understood, although the
c. Give the new Director General and Inspector General
a clear public mandate to work with the Special Mission in order to implement
the joint Terms of Reference on professionalization, election security and
disarmament, as well as with the US on drugs.
During his
Observation: The OAS SM is prepared to recruit 25 - 30 international security experts
to work on the professionalization of the force. The officers would be assigned in all nine
departments and to police headquarters, the Inspection Générale, the
Plans to name a Commissioner responsible for
organizational strategic planning are on-going.
The high-ranking Commissioner would lead a committee tasked to formulate
strategies for the development of the institution. It has been recommended that the committee
would review and put into action the “Strategic Plan of Development”, a
document which covers the development of the police from 1999 to 2003 (but has
been on hold for two years).
d. Strengthen training as per the joint
Terms of Reference.
A decision was taken by the GOH/OAS Joint Committee on
Professionalization of the Police to recommend to the Director General of the
Police that a committee be formed to review the overall police training
program, including initial training, in-service training, specialization,
etc. Discussions for the selection
process for the members of this committee are on-going.
It was also decided to organize training for all HNP
personnel on election security, disarmament and human rights. The curriculum for this program is currently
being developed by a representative of the Secretary of State for Public
Security and a member of the OAS SM. The
program is scheduled to begin in April.
Observation: There has been useful progress on some
aspects of professionalization of the police and training questions. It is hoped that this can be sustained.
IV. DISARMAMENT
a. Begin with a public ceremony to destroy arms
collected by the police, after first
verifying in transparent fashion.
It has been agreed by the GOH/OAS Joint Committee on
Disarmament that a public ceremony to destroy arms seized by the police will be
held following a thorough audit/verification of the weapons. According to the Government Report, the
ceremony will be held on
On March 29 the Secretary of State for Public Security
provided the OAS SM a partial inventory of 77 weapons seized or confiscated
during police operations in all 9 departments.
On March 30, OAS SM security experts, in the presence of HNP,
photographed 82 weapons presented by the police and verified their make, model
and serial number. 20 revolvers, 46
pistols, 6 long-barreled guns, and 10 homemade weapons, six of which were not
on the list, were examined. Many of the
weapons were in inoperable condition, with either missing or broken parts. Others were old and rusted, and some had
seizure tags dating back as far as 1998.
Most of the weapons were not suitable for ballistic testing.
Observation:
There are considerable discrepancies with the Government’s Report of
The Special
b. Move to confiscate unconstitutional heavy weapons
in the hands of the security guards of mayors, members of parliament and other
government officials.
The Prime Minister wrote to
Ministers, Secretaries of State and Directors General on March 27 reminding all
government officials that, with designated exceptions, use of assault weapons
is prohibited throughout the national
Observation: There is no
indication any moves were made to confiscate such weapons in the time frame of
this Report.
c. Act against armed gangs.
The HNP reports it is in the
process of preparing a detailed report outlining the efforts made to deal with
gangs and other armed groups. However,
there was no evidence of any such actions during the period of this Report.
Observation: On March 28, there
were widespread news reports of interviews with several leaders of OPs (popular
organizations) in various parts of the country, known to be close to the Fanmi
Lavalas, including Paul Raymond and René Civil, decrying any idea of
restricting the actions of OPs or their leaders, or arresting them in
connection with the events of December 17, 2001.
d. Establish GOH National Committee on Disarmament.
A GOH National Disarmament Committee has been created
and was reportedly scheduled to hold its first meeting on March 31. The composition, according to information
provided by the GOH, is as follows: Mr. Frantz Gabriel and Mr. Aramick Louis,
representing the Executive, Mr. Angelot Bell, the Director General of the
Ministry of Interior, Mr. Jean-Claude Jean-Baptiste, the Director General a.i.
of the HNP and Mr. Josué Pierre-Louis, a principal State Prosecutor, plus the
police directors for the nine departments.
Observation: This body is to
work closely with the GOH/OAS Joint Committee on Disarmament. However, as there is no pre-existing
structure and little experience in the area, a great deal remains to be
done. It will be important to work with
others experienced on the matter, notably the UNDP.
e. Strengthen law.
A project is underway to introduce amendments to the
law pertaining to firearms. The
amendments will be in the form of a ministerial order or decree aimed at
addressing specific administrative deficiencies in the existing law, such as
expired permits to carry or possess firearms.
The GOH/OAS Joint Committee on Disarmament recommended
the formation of a task force to examine the current legislation and to propose
appropriate modifications.
a.
Start with bringing in key international police to help prepare
election security plan, and arrange for security of CEP and CEG members and
entourages.
The GOH/OAS Joint Committee on Elections Security
presented a security plan to the Director General of the Police on March
29. It was approved and signed by him
immediately. See Annex C. The Special Mission has identified
international police to work in this area.
b.
Agree to Special
The Terms of Reference
signed between the GOH and the OAS Special Mission on
c.
Appoint a HNP Task Force for Election Security.
An HNP Special Committee for election security was
appointed on March 29 and instructed to write to the 7 nominated CEP members to
determine their specific security needs.
d.
A competent, neutral respected person, with appropriate background,
will be designated to head a Special Task Force for election security and to
work with the CEP, the Special
The Special Mission learned through the government’s
Report of March 30 that Fontane Frédéric Beaubien was named by the government
to this new position. His CV is included
in Annex E. He is not known to the
Issue public instructions
on demonstrations and freedom of expression, human rights violations and
arbitrary acts by agents of the State, respect for the 48 hour requirement for
appearance before a judge in cases of arrests and detentions and impediments to
freedom of movement or to freedom of the press.
Four draft declarations (in Annex E) were prepared by
GOH/OAS Joint Committee on Human Rights and signed by the Prime Minister on
March 29. The declarations:
·
promote the right
to demonstrate and the freedom of expression
·
support the
respect for the 48 hour requirement for appearance before a judge in cases of
arrests and detention
·
forbid torture
and any form of cruel, inhumane and degrading treatment, or other arbitrary
acts, by agents of the Government
·
support an end to the obstruction of freedom of movement
through the use of barricades, violence and vandalism on public thoroughfares,
through encouragement of state agents,
public employees and police to take the
necessary steps to that end..
Observation: These documents
reflect the intent of the Terms of Reference and the points of the High Level
Delegation. They are however but texts; and their value will come as they are
implemented, and seen to be so, by the authorities. They cover statements and acts by persons and
groups of all political stripes, for example from those in the OPs that back
the government to those persons and groups who have been active in the
Belladère/Pernal region of the Plateau Central, among other types of
intimidation and violence or threats.
Cease inflammatory statements by
government officials. Call supporters to
end violence. End harassment of civil society and political party leaders. Call upon all the citizens of
Some of these points were addressed in whole
or in part by the President in his March 28 speech to the special police unit,
CIMO. His text can be found as part of
Annex E. In this his only major speech
in the period, the President spoke of the importance of police respect for the
48 hour limit, and underscored rights and responsibilities connected with
freedom of association and assembly. A GOH
text regarding the notion of a Pact of Civility can be found in the
government’s Report at Annex E. The
President also addressed in this speech a number of the issues covered under
section VI. Human Rights.
Observation: The President’s
text received no input from the Special
Elections:
To prepare for elections, the GOH/OAS Joint Committee
on Elections held its constitutive meeting. The GOH took decisive
administrative action during the last week of March to organize the practical
aspects for installation of the new CEP (when finalized). Ministry of Finance inspectors worked in
collaboration with the CEP Administrative Direction to complete an inventory of
material resources. The Ministry of
Finance also closed the former CEP accounts and put special accounts into
operation to cover administrative costs in the interim.
Observation: Work in this area
will need to take account of concrete steps to establish the CEP; and be
effected in close cooperation with other elements of the Haitian and
international communities, including the UN system.
Governance:
The GOH/OAS Joint Committee on Governance began implementation of the
agreed Terms of Reference (TORs), deciding on the formation of a coordination
unit within the Ministry of Justice and on the creation of a commission on
judicial reform, to pursue its work on the basis of the elements of overall
justice reform set out in the TORs.
Observation: This potentially important work on reform of the justice
system will need to be done in liaison with other organizations operating in
this field, including the UNDP.
It will be recalled that nine entities are called upon
under Resolution 822 each to name one person to the CEP. Two have done so outright (the government
political party, Fanmi Lavalas, and the Judiciary). Five other entities have named their persons,
but refused their swearing-in until certain conditions were met, mainly
regarding security concerns; these are the three religious groups (Roman
Catholic, Protestant and Episcopalian), the business community and the human
rights community. Two entities have
refused to name anyone, citing various conditions; they are the main opposition
grouping, Convergence Démocratique, and the eclectic non-grouping, “other
political parties”. This situation
remains unchanged: none of the “civil society” nominees to the CEP moved toward
swearing in. Their joint position was
included in an annex to the recent Third Report of the Secretary General
pursuant to Resolution 822 (CP/doc. 3715/03). The Episcopal Church of Haiti,
which met with the High-level Delegation March 20 but was unable to present its
position due to time pressures, has since provided a statement of its views,
which is included as Annex F.
The
Convergence Démocratique provided its latest views to the Special Mission on
March 28, essentially underlining a number of events which in its view demonstrated
that the current government was not carrying out Resolutions 806 and 822. It expressed the hope that the next meeting
of the OAS Permanent Council would adopt “the right decision
concerning a resolution of the crisis and the participation of the Haitian
population in honest, credible and democratic elections”, without further
specifying what this meant. The text is
attached at Annex G. Earlier statements
of position have asserted that the CD would not participate in elections with
Jean Bertrand Aristide as President, though they stated to the Delegation and
since that should the President respond adequately to demands made, they could
review their position.
For its part, the Group of 184 issued a declaration on
March 31, drawing attention to a number of basic concerns about recent
events. The document recalled the
Group’s communiqué number 2 (attached to the Third Report of the Secretary
General pursuant to Resolution 822), and continued: “…Only the prior putting in
place of sufficient conditions of security permitting respect for public
freedoms and the right of citizens to assemble, to circulate, to express
themselves freely on the civic and political level, should determine the
participation of civil society in the effective formation of the CEP.” The CEP would not be able to stand up to the
power of the State, as previous experience had demonstrated. The Group
expressed their conviction that both “the national interest and that of
democracy lie in the setting in train, in a technically appropriate time frame,
of an electoral process which is non-precipitate and credible, conducted in a
reasonable climate of confidence and security.”
See Annex H for the full text.
Observation: Under Resolution
822 the five entities and the Convergence Démocratique are called upon to
nominate members of the CEP, and allow them to be sworn in and act effectively,
in order for the electoral process to unfold and elections to be held in
2003. That has so far not happened.
II. THE INTERNATIONAL COMMUNITY
The local representatives of the High Level Delegation
met on March 28 at their request with President Aristide, in order to review
progress on the points raised by the Delegation, and in particular to press
their concerns about changes in the HNP leadership, the importance of arresting
Amiot Métayer, and other matters. The
President for his part drew attention to his Declaration of March 19 (Annex A)
as representing what he and his Government remained committed to carrying out
on their schedule.
The Friends of Haiti Group met twice during the period
to review the situation, including late on March 30.
III. THE SPECIAL
Since the departure of the High Level Delegation the
Special Mission has worked intensively to pursue the aims of the Delegation as
laid out in its departure statement (Annex B).
It met with members of the Convergence Démocratique and the Civil
Society Initiative/Group of 184 on March 23; and with other elements of civil
society during the week. It joined with
the Prime Minister on March 24 to sign the document establishing the seven
joint committees pursuant to the Terms of Reference; and was heavily involved
all week in the first and subsequent sessions of those joint committees. This included a combined meeting of all joint
committees to review progress, led off by the Prime Minister on March 27. The Head and Deputy Head of the
A core element of Resolution 822 is
the holding of credible legislative and local elections in
The formula for selection of the
CEP, reflected in Resolution 822, was worked out in the political negotiations
held among Haitian actors between 2000 and 2002, with support from the OAS, and
written down in the “draft initial accord” dated
The basis of the package worked out
in Resolution 822 was that all actors and stakeholders achieved certain
objectives and had certain things to do.
The Government of Haiti in particular undertook a series of important
obligations, notably in regard to creating a climate of security, to
disarmament, to tackling impunity, to settling the reparations issue. The entities (among others) that stood to
gain from the increase in security, action against impunity and the other
measures, were expected to send their representatives to the CEP, and thus
allow elections to proceed during 2003, in the interest of the whole country.
The package has broken down in
mutual recrimination: the government asserts that the others use any excuse to
avoid allowing their representatives to sit, and thus block the holding of
elections they fear to enter; while the others propound that the government has
not only reneged on its commitments but never intended to hold credible
elections.
The visit of the High Level
Delegation was an attempt to break the impasse: the Government would carry out
a set of named concrete actions; and the others would assume their
responsibilities to ensure the CEP was completed. The international community
would play its role of accompanying and assisting. Regrettably, however, the
different elements contained in CP/Res. 822 have yet to come together in a
positive manner.
Observation: In the current
circumstances, the
Annex A: March 19 Welcoming Statement of President Arisitide to
the High-level Delegation
ANNEX A
STATEMENT BY THE PRESIDENT OF THE
HIS EXCELLENCY JEAN-BERTRAND ARISTIDE,
WELCOMING THE SPECIAL DELEGATION
OF THE OAS
Welcome to
The eight million people of
Your presence, especially at this time, establishes
all of you, as true friends of the Haitian people. We thank you profoundly for
being here, and for your efforts to help us move forward to a peaceful, just,
transparent, secure and democratic set of solutions to end the current impasse
and improve the lives of the people of Haiti.
I am especially pleased and encouraged by your embrace
of OAS Resolution 822 as the basis for resolving our present difficulties. The
Government of Haiti supports full implementation of the Resolution as the only
way to resolve the current crisis.
Resolution 822 was adopted unanimously because it is
based on our shared hemispheric commitment to democracy. It imposes specific
obligations on all of the parties - the Government of Haiti, the political
parties and civil society, and the international community - to resolve the
political crisis in Haiti on the basis of free, fair and democratic elections,
held in the year 2003 in accordance with the Constitution of Haiti and the
process proposed by the OAS in the Draft Initial Accord of June 12, 2002.
As set forth in the Resolution, this process begins
with the formation of an "autonomous, independent, credible and neutral
CEP no later than two months after the adoption of this resolution." The
Government of Haiti believes that it is essential to maintain the formula for
creation of the CEP as originally agreed in the Draft Initial Accord, and to
establish the CEP at the earliest possible date, and as a matter of the highest
national priority. Indeed, according to Resolution 822, this should have been
done last November.
The formula set down in the Initial Draft Accord
assures an autonomous and unbiased CEP that is completely independent of
government control. Seven of its nine members must be drawn from civil society
and opposition parties. As President, I have fulfilled my obligation by
appointing to the CEP the representatives of five civil society organizations,
as well as the representatives of the Supreme Court and Famni Lavalas, and by
publishing an official decree on
I have also not missed any opportunity to create a
suitable climate for reconciliation and an end to the crisis. On
With respect to the application of the Terms of
Reference regarding the Joint Committees, the OAS and the Government of Haiti
have agreed in principle to the institutional composition of the seven joint
OAS/GOH committees. The parties are engaged in the process of nominating
representatives to these committees before
Today, more than six months after the adoption of this
resolution by the OAS the creation of the CEP is still not a reality but for
the publication of a presidential decree announcing its formation. It has
become in and of itself an obstacle to advancing the process. The tactics being
played out by various actors do not conform to the letter and the spirit of the
resolution.
The GOH has repeatedly expressed its willingness to go
forward to elections. Unfortunately certain parties have hardened their
positions and have sought to mobilize in favor of an option zero.
The blockage of the electoral process inspires,
provokes and fuels various other types of obstructionist behavior with direct consequences
on the quality of life and the economic development of the country. The
national currency has depreciated dangerously. Inflation has reached historical
levels and contributes to the accelerated pauperization of all classes of
society. Government social and educational programs are seriously handicapped.
A climate of uncertainty has developed which discourages all types of
initiatives. The Haitian Government; with the slim resources available from its
revenue collecting institutions allow it to maintain the bare minimum with
regard to services for a population that is paying a high price for the democratization
of the country.
Resolution 822 obligates the political parties and
civil society to "participate in all relevant aspects of the elections and
in the electoral process leading up to it," including the CEP. Yet, the
five civil society representatives have thus far refused to take their seats on
the CEP and, as I have said, the political parties have not tendered the names
of their representatives. To move forward to elections, it is essential that
civil society and the political parties comply with their obligations to
participate in the CEP. This must be done immediately and without further delay
in order to hold elections this year as called for by the Resolution.
Resolution 822 obligates the Government of
The Government of Haiti agrees that steps must be
taken to enhance security so that there is a proper climate in which to hold
free, fair and democratic elections. The most important security-enhancing step
that can be taken is the establishment of the CEP. One of the principal causes
of insecurity in this country, and the violence that sometimes grows out of it,
is the climate of uncertainty, frustration, tension and vulnerability that
comes from a crisis that has no end, no solution, in sight. Once the people of
The violence must stop. It affects all sides. The
attacks on opposition sympathizers are unacceptable. The attacks on Government
officials, judges, police, local officials and Fanmi Lavalas members are
equally unacceptable, even if less publicized outside
The establishment of the CEP will send an important
message to the entire population about the need for reconciliation. In fact, it
will serve as a vehicle for reconciliation, because it will be a forum for
peaceful resolution of disputes by discussion and agreement instead of
conflict. It will give confidence to opposition parties and groups, especially,
because they will be represented by seven of the nine members. Among the first
items it might wish to include on its agenda is a "Pact of Civility,"
in which all political parties might agree to respect one another's rights, and
to refrain from infringing on those rights by violence, intimidation, threats
or harassment, or by inciting their supporters against one another with
inflammatory language.
As Ambassador Einaudi is fond of saying, we must
exchange the combat of the streets for the debate of the elections. The best
way to begin this process, indeed the only way, is
through immediate establishment of the CEP, as set forth in the Initial Draft
Accord.
Of course, the Government of Haiti bears its own
responsibilities for enhancing security to facilitate an electoral process.
While much remains to be done, and will be done, it is important to recognize
that, despite difficulties and shortcomings and with minimal resources, some
positive steps have already been taken. In recent months, the Haitian National
Police have done a much better job in protecting the right of the Haitian
people to peacefully assemble and conduct political demonstrations. Many
demonstrations have been held, by pro and anti government forces, without
incident than to the efficient work of the HNP, and their respect for human
rights. During Carnival at the beginning of March, millions were in the streets
all night long, and the HNP managed to keep order while at the same time respecting
the rights of the people.
To secure the progress that has been made, and to go
beyond it to even greater protection of freedom of speech and assembly, I will
issue public instructions on security for political parties, demonstrations and
freedom of expression. My instructions will assure that security forces fully
respect and protect the rights of all Haitians, regardless of political
affiliation, to assemble and demonstrate peacefully, and free of harassment
intimidation or threat from any quarter. I will also call upon all of the
citizens of
We recognize that there is still much that needs to be
done to improve professionalization of the HNP, and to assure proper security
for the elections. We welcome the advice and assistance of the international
community. We feel that one of the most important steps that can be taken to
enhance security for the elections is to bring into Haiti a substantial
contingent of professional police officers from other countries, from CARICOM,
from Friends of Haiti, and from around the world. We will welcome as many of
these police officers as the international community can provide, as well as a
plan for their most effective deployment to assure security during the electoral
process.
Within the HNP, we are constantly working to achieve
improvement. We are very grateful for the excellent work by Ambassador David
Lee and the OAS Special Mission, with which we have agreed upon Terms of
Reference for professionalization of the police, training, election security
and disarmament. I feel it is important that we examine these TORs to see how
they can be strengthened, and that the Government of Haiti do
everything in its power to implement them fully and without delay. To this end,
I have decided to give the HNP leadership a clear and public mandate to work
with the OAS Special Mission to assure strengthening and implementation of the
TORs.
Important changes have already been made in the HNP
leadership to improve professionalism and efficiency. The head of the Anti Drug
Unit and other officers were arrested for involvement in illegal activities. A
new Director of the Judicial Police was appointed, who previously served in the
Internal Affairs Division. In a restructuring of command, a number of police
chiefs or commissaries were reassigned. The need for improved professionalism
and efficiency affects all levels, from top to bottom, and I will continue to
closely monitor performance, and replace any police official who cannot perform
his or her job properly and lawfully.
To further enhance security, especially during
elections, I call upon the international community to make available to us one
or more international experts on elections security, who can augment the OAS
Special Mission, and render advice to the HNP, the CEP, and to the Office of
the President. In this respect, I commit ourselves to
the protection of all political parties before, during and after the elections,
and I will instruct all relevant security forces in that regard.
I mentioned that we have agreed with the OAS Special
Mission on TORs for disarmament. I will instruct the HNP and other agencies to
fully implement the commitments that the Government has undertaken with respect
to disarmament. I recently read that the new, democratically-elected Government
of Kenya is also implementing a disarmament program, and that it held a public
ceremony to destroy the weapons that it collected and confiscated. I think this
is an excellent idea, because it demonstrates to the entire population our
commitment to disarmament, and I plan to hold a similar public ceremony to
destroy seized weapons.
I believe that the measures I have described above,
some of which have already been taken, and others that the parties, including
the Government, must take, will assure that free, fair and democratic elections
can be held in 2003, in a climate of security and confidence.
Resolution 822 goes beyond elections and enhancement
of securities in a number of important respects. In particular, it calls for
critical steps directed at ending impunity. I personally feel that this must be
one of
At present, we must recognize that we fall far short
of this ideal. Due to lack of resources, weak institutions and apolitical
heritage of arbitrariness and corruption, we have had to start almost at the
beginning to create a functioning criminal justice system. Our police are
small, lack resources and training, as well as necessary equipment, a situation
that has grown worse, not better, since the withdrawal of international
assistance to the HNP several years ago. Our prosecutors are poorly trained,
poorly paid, overworked, and vulnerable to threats and intimidation from the
well-armed criminals they investigate. The same is true of many of our judges.
Nevertheless, we cannot make excuses. We have to do
the best we can with what we have, all the while doing whatever we can to
improve the system at all levels. One of the best ways to do so, and to fight
impunity, is for the international community to develop and help us implement a
comprehensive support program to improve the administration of justice,
involving strengthening of police, prosecutors and judges. I hope you will give
your most serious consideration to this request.
In the meantime, we are grateful for the support to
our criminal justice system that is being provided by the OAS Special Mission.
We have agreed to Terms of Reference on Justice and Impunity. In accordance
with those TORs, and with the cooperation of the Special Mission, I will set up
a Special Task Force on Ending Impunity, to assist and expedite investigations
and prosecutions of high-profile cases, including cases of alleged political
violence, such as those connected with the events of
I personally am frustrated by the slow pace of several
of our prosecutions, in particular. I refer, especially, to the heinous
assassinations of journalists Jean Dominique and Brignol Lindor. In the case of
M. Dominique, the investigation and indictment of the alleged assassins was set
back when the investigating judge left the country last June, and took up
residence in the
In the case of M. Lindor, a number of individuals were
indicted by the investigating judge in Petit Goave. Some of these people have
been arrested, are in police custody, and are being prosecuted. The rest either
fled the country or are in hiding. The police continue to hunt for the ones who
am hiding, and eventually will capture them. There has been an appeal of the
indictment, and the appellate court is now considering whether to expand the
indictment by adding more accused persons.
In these two cases, the strike called by an association
of judges to protest the disciplinary measures taken against Judge Arnant, for
releasing an individual arrested in possession of over 60 kilos of drugs,
basically paralyzed the justice system during the entire month of February. Now
that the activities of the courts are returning to their previous level, it is
expected that the presiding judges will prioritize these two cases.
In the case of the prisoners who broke out of jail in
Another element of Resolution 822 is reparations. The
Government of Haiti has complied with its obligations in this regard. The
settlement of the reparations matter according to the
Mr. Evans Paul of KID has received four (4) million
gourdes, Mr. Reynold Georges of ALLAH, ten (10) million and Mr. Victor Benoit
from KONACOM twelve (12) million.
On
MOCHRENAH has reached an agreement with the GOH for
thirty (30) million gourds. They have already received twelve (12) million
gourds. The remaining eighteen (18) million gourds will be disbursed as
follows: eight million gourds in cash and four treasury bonds of two million
five hundred thousands each. This completes all negotiations with all parties
and endless renegotiations must now come to an end. .
Regarding the people who were not a party to the
The final element of OAS Resolution 822 that I wish to
underscore is its separation of political considerations from financial ones,
and its call for normalization of economic cooperation between the Government
of Haiti and the international financial institutions. This reflects, in my
view, the appreciation of the international community of the severe
humanitarian crisis that is affecting the people of
The Minister of Finance has met with representatives
of the IMF, IDB and World Bank in an effort to resolve all technical and
financial issues in the shortest possible time, so as to facilitate capital
inflows on an expedited basis to benefit the Haitian people. The Government has
taken bold measures, including adjustments to oil prices that, although
necessary, have had a dramatic impact on the Haitian population, and the
presentation of a new budget to Parliament. The Minister reports that he and
his team and working assiduously with the IMF this week, to achieve a Staff
Monitoring Program by early-to-mid April, at the latest. The Government of
Haiti will continue to work in good faith with the IMF and the other financial
institutions to resolve all outstanding issues in the shortest possible time,
and we call upon them to continue their good faith efforts toward the same end.
All of these efforts, however, will come to naught, if
the international community continues to insist that, before the suffering of
the people of
In closing, I pledge to work with you to facilitate
full implementation of Resolution 822 by all of the responsible parties. And I
pledge, as well, to the people of Haiti, that I will continue to do everything
within my power to reach out to Opposition parties and civil society to achieve
the reconciliation, security and democratic elections that all Haitians desperately
need and have a right to expect.
Thank you very much for being here, for your desire to
help the people of
Annex B: March
20 Departure Statement of the OAS/CARICOM High-level Delegation
ANNEX B
Departure Statement of the OAS/CARICOM High-level
Delegation,
Port au Prince, Haiti
An OAS/CARICOM
High-level Delegation led by St. Lucian Foreign Minister and current Chairman
of the CARICOM Council for Foreign and Community Relations, Julian Hunte, and
OAS Assistant Secretary General Luigi Einaudi visited
The High-level Delegation also included Bahamian
Foreign Affairs Minister, Frederick Mitchell, Canadian Assistant Deputy
Minister (
The High-level Delegation met with President Aristide,
the Prime Minister and members of Cabinet.
Discussions were held with the Convergence Démocratique, civil society,
the Conférence Episcopale as well as with the Friends of Haiti. The Delegation consistently expressed serious
concern over the critical security, human rights and socio-economic situation
in
The Delegation’s message has been clear: the
Government of Haiti must implement OAS Resolution 822 now. It can take many steps immediately to improve
public security and the observance of human rights. These steps require political will on the
part of the government’s leaders. Nor
are they new or externally-imposed requirements; all are in accord with the
terms of CP/Res.822 adopted last September with the agreement of the Haitian
Government; Resolutions 822 and 806 outline all that is needed to end Haiti’s
political crisis and launch a credible, free and fair electoral process. In joining consensus at the OAS on resolutions
seeking to resolve the political crisis,
As these obligations are met, opposition and civil
society groups must respond by having their representatives participate in the
CEP. By participating in the CEP and by
making clear to their constituencies that their political will is best
expressed through a peaceful and fair electoral solution, they can advance the
resolution of
Against this background, the High-level Delegation
welcomed the acceptance of all concerned of the need to improve radically the
security climate in
The Government of Haiti undertook to provide all
relevant information on action taken by
The High-level Delegation expressed appreciation for
the courtesies and cooperation extended it by President Aristide and the
Government and people of
Annex C:
Actions to be taken by the President and Government of Haiti
ANNEX C
OAS - CARICOM HIGH LEVEL
DELEGATION
Actions to be taken by the President and Government of
Haiti
1.
Reparations. Finalise, including with MOCHRENHA. (Report GoH position)
2.
December 17:
·
Arrest Amiot Métayer.
·
In accordance with Terms of Reference on
Justice/Impunity, set up Task Force with Special Mission assistance in order to
carry through investigations and prosecutions.
3.
Administration of
Justice cases:
·
Push forward on Dominique and Lindor cases. Arrest those already indicted for the murder
of Brignol Lindor.
·
Choose five of the 12 cases brought forward last June 17
following the Nunciature meeting (list available on page 6 of the First Report
of the SG on implementation of 822).
·
Using the Terms of Reference on Justice/Impunity, set up
a Task Force to investigate and prosecute.
Other cases to receive same treatment in sequence.
·
Abstain from bringing pressure to bear on judicial
officials and allow justice to be dispensed in accordance with the rule of law.
4.
Professionalization
of Haitian National Police:
·
Appoint new leadership before the end of March in
consultation with OAS Special
·
In order to
improve professionalism and efficiency at all levels, from top to bottom,
closely monitor performance, in
conjunction with the Special Mission, replace any police official who
cannot perform his or her job properly and lawfully.
·
Give the new Director General and
Inspector General a clear and public mandate to work with the Special Mission
in order to implement the TORs on professionalization, election security and
disarmament, as well as with the US on drugs.
·
Agree to Special
Mission proposals for placing a minimum of 100 international police; and work
with Special Mission to place them ASAP in departments and HQ.
·
Strengthen
training as per TORs.
5.
Disarmament:
Implement TORs, including:
·
Begin with public
ceremony to destroy arms collected by the police, after first verifying in
transparent fashion.
·
Move to
confiscate unconstitutional heavy weapons in the hands of the security guards
of mayors, members of parliament and other government officials.
·
Act against armed
gangs.
·
Establish
National Committee on disarmament.
·
Strengthen law.
6.
Election
Security: Implement TORS:
·
Start with
bringing in key international police to help prepare election security plan,
and arrange for security of CEP and CEG members and entourages.
·
A competent,
neutral, respected person, with appropriate background, will be designated to
head a Special Task Force for election security and to work with the CEP, the
Special
7.
Human Rights:
Carry out TORS, in particular:
·
Issue public
instructions on demonstrations and freedom of expression;
·
Oppose violations
of human rights and arbitrary acts by agents of the State;
·
Respect the 48
hour requirement for appearance before a judge in cases of arrests and
detentions;
·
Stop
impediments to freedom of movement or to freedom of the press.
8.
Political Comity:
·
Cease
inflammatory statements by government officials
·
Call
supporters to end violence
·
End harassment
of civil society and political party leaders
·
Call upon all
the citizens of
·
Propose and
publish a “Pact of Civility” to be agreed upon by all political parties and
civil society representatives, pledging to cease inflammatory statements and
refrain from all acts of political violence, harassment, intimidation or
threats by their members or supporters.
9.
Provide all
relevant information on actions taken by March 30, 2003 to the OAS Special
Annex D:
Points for civil society and the Convergence Démocratique
ANNEX D
OAS – CARICOM HIGH LEVEL DELEGATION
Points for civil society and the Convergence
Démocratique
1.
Position of the
International Community
The international community will NOT support efforts to remove
President Aristide through violent confrontation in the streets. These are contrary to democratic processes.
Inflammatory statements are not helpful and must be avoided.
·
The international
community is not going to invade
·
Power must and
can only be won through democratic competition and elections as provided for
under Res. 822.
·
It is
unreasonable and unacceptable to use security concerns, which can be addressed,
as an excuse for blocking elections this year, and seeking to overthrow the
Government--a President and Government which are recognized by the
international community
2.
Internationally
supported elections are the way to solve
·
Res. 822 calls
for elections this year.
·
For
elections to be credible--the kind the
opposition and civil society say they want— that means the immediate formation
of a CEP as set forth in the Draft Interim Accord (DIA) and ratified in 822,
because it take many months to carry out the necessary technical steps and
measures for credible elections in this country.
3.
If President
Aristide shows significant political will by taking the concrete actions,
notably on security, that we have outlined, then you MUST move ahead to
participate in the CEP as part of a democratic resolution of the political
crisis in Haiti.
·
The CEP must be
formed by the end of March, as part of steps carried out on the basis of a
specific and tight timetable
·
If the government
takes good faith measures, you have an obligation to the Haitian people to
participate in its formation under the process laid out in the Draft Initial
Accord/822.
·
Civil society and
professional associations in particular should organize cooperation with and
participation in Special Mission activities
·
This means that
the Five have now to assume the responsibilities which they have accepted in
accordance with the DIA. Failure to act will mean condemning
·
This means that
the Convergence Démocratique must understand that if elections move forward
under 822, the International community will accept their validity whether or
not the Convergence Démocratique participates in them. Abstention cannot be a permanent form of
politics in a democracy.
·
The ability of
the CEP, with the help of the international community, to create conditions for
acceptably free and fair elections depends on your good faith participation in
its operation.
NB:
Resolution 822 did not require that the security situation be acceptable for
elections at the time the CEP is established. Rather, it calls for
progressive movement towards a climate of confidence over the period leading to
elections. Formation of a CEP would contribute importantly to that.
4.
As you go forward
in this process you will not be alone, but you must bear in mind that respect
for the electoral process is key.
·
The international
community is prepared to provide substantial support for the elections,
including electoral security and security for the CEP. This would be implemented through OAS, UNDP
and other respected, neutral means.
·
The international
community is prepared to provide very significant support for security
measures, to combat impunity and to hold credible elections this year, working
in particular through the OAS and its Special Mission. You will not be
left alone. You will be supported in a variety of ways.
·
We are prepared
to provide international police and security specialists, under the OAS Special
Mission, not to replace the Haitian National Police, but to mentor, train and
accompany them. We expect these to number upwards of 100, details are
being worked out.
·
Deployment can
begin quickly and expand as the CEP and the Commission of Electoral Guaranties
(CEG) begin operation and the electoral campaign gets underway.
·
We are
individually and collectively prepared to help political parties in a variety
of ways
5.
But you must take
the step of allowing the CEP to begin its work. Such a newly
established, Constitutionally-based institution will in itself contribute to a
changed atmosphere in this country, give new hope to all democrats and allow
the international community to play the role called for by Resolution 822 in
the interests of Haiti’s future.
Annex E: Report
of the Government of
ANNEX E
Dear Mr. Ambassador,
As
agreed, I have the honor to transmit to you a brief report on activities
carried out by the Government of the
This report is to
be viewed in the context of a follow-up to the visit to
The Government is
continuing to fulfill its obligations, as defined at the signing of the Terms
of Reference, but priority had to be assigned to respect for the commitments
made by the President of the Republic, His Excellency Jean-Bertrand Aristide,
in his preliminary statement at the opening of the meeting of March 19 in the
The report gives
a brief description of what has been done concerning the different topics
indicated in the document.
In addition to a
copy of the statement of March 19, I have attached hereto the speech of His Excellency
Jean-Bertrand Aristide, President of the Republic, during his visit to the Corps d’Intervention et de Maintien de
l’Ordre (Intervention and Law Enforcement Corps) (CIMO) on March 28 to
commemorate the 16th anniversary of the Constitution of the Republic of
Haiti. Various passages of this address
expand on some of the commitments undertaken.
Moreover, I would
like to point out that certain points could not be acted on in view of the
procedures agreed to with the experts of the Special Meeting. Consequently, the ceremony for the
destruction of seized weapons was to be preceded by a process of verification
and technical review to ensure that it was serious and valid. The ceremony is scheduled to be held on
Lastly, I should
like to insist on the Government’s sense of commitment and responsibility in
establishing the structure of the joint committees, which began to work on the
very day of their official establishment,
I hope that this information will be
helpful to you in presenting your report on the situation in
Sincerely
yours,
Joseph
Philippe Antonio
Minister
His Excellency Mr. David Lee
Ambassador
Special Representative of the
OAS Secretary General
and Chief of the OAS
Special
ACTIVITY
REPORT ON IMPLEMENTATION OF THE TERMS OF REFERENCE SIGNED BY THE OAS AND THE
GOVERNMENT OF
AND THE HIGH-LEVEL DELEGATION OF THE ORGANIZATION OF AMERICAN
STATES
(OAS) AND THE
1.
Introduction
Set in the context of:
·
Implementation of
OAS resolutions CP/RES. 806 (1303/02) and 822 (1331/02).
·
Implementation of
the seven terms of reference jointly prepared and signed by the Government of
the
·
And the follow-up
to the commitments made by he Haitian Government at the March 19 meeting at the
National Palace on the occasion of the visit of the high-level delegation. On the morning of
This brief report and the documents provided as
annexes cover all the government’s accomplishments and are being transmitted to
Mr. David Lee, Chief of the OAS Special Mission to
2.
Administration of Justice
a)
Reparations (MOCHRENA case):
The
case on reparations following the events of
b)
Arrest of Amiot METAYER :
The National Police of Haiti (PNH) received
instructions to track down Amiot METAYER and arrest him. The Police conducted numerous searches for
him in the Raboteau neighborhood of Gonaîves. Information suggests that he has left the
country. The Secretary of State
instructed the Office of the Director General of the PNH to monitor borders to
find him.
c)
Formation of a Task Force:
The Prime Minister wrote to the Minister of Justice to
request that a Task Force be established and this was done. On the Haitian side, it consists of several
high-level officials such as the Government Commissioner, the Central Director
of the Haitian Police, and the dean of the Civil Tribunal of
Port-au-Prince. During the initial
phase, it will take up the following cases: Mireille Durocher Bertin, Deputy André
Dirogene, Senator Yvon Touissaint, Deputy Jean Hubert Feuille, and Rémy Darang.
d)
J. L. DOMINIQUE case:
The examining magistrate for this case, Bernard
Sainvil, handed down the closure of proceedings. Those charged, failing an appeal, may be
tried by the competent courts. An
extract of this ruling taken from the clerk’s records has been attached to this
report.
e)
Brignol LINDOR case:
The examining magistrate for this case had handed down
his ruling, and the Association of Haitian Journalists (AJH) filed an appeal
against it. The Court of Appeals has
just declared the AJH appeal inadmissible, for insufficient quality. A copy of that ruling appears in the annexes.
f)
Case of June 17:
The mandate of the Task Force is currently restricted
to the cases listed above. Subsequently,
it will be expanded to include other cases.
g)
Judicial intimidation:
This point was clearly taken into account in the
speech of the President of the Republic delivered on
3.
Professionalization of the Police
a)
Appointment of a new Director General:
Following the resignation of the PNH Director General,
Mr. Jean Nesly Lucien, the President proceeded to appoint and install a new
Director General a.i., Mr. Jean-Claude Jean-Baptiste. A copy of his letter of appointment is
attached hereto. The President also
seized the opportunity to make other changes in the High Command, in
particular, the replacement of the Chief Inspector General, Mr. Harvel
Jean-Baptiste.
b)
Mechanism for approval of professionnalization:
The Secretary of State for Public Safety wrote to the
new PNH Director General to inform him officially of this initiative and to
invite him, if appropriate, to take corresponding measures.
c)
Agreement on the arrival of 100 international police
officers:
The Secretary of State for Public Safety wrote once
again to the new Director General to convey this information and to ask him,
accordingly, to take measures with regard to the arrival of 100 police
officers.
d)
Training activities:
The Joint Committee is working on this matter. A new date will be decided on soon to start
retraining the PNH police chiefs and inspectors. The Joint Committee completed its review of
the curriculum on
4.
Disarmament
a)
Public ceremony for the destruction of weapons
This ceremony had been planned for
b)
Confiscation of the weapons of certain officials:
The Secretary of State for Public Safety wrote to the
new PNH Director General once again giving him instructions concerning the
weapons of certain high-level officials.
He was told, for example, to ask them to reduce the visibility of those
weapons as much as possible. See a copy
of the related correspondence in the annexes.
c)
Establishment of a National Disarmament Committee:
By a letter dated March 27, 2003, PM/YN/jb-sd/1215,
the Prime Minister, Mr. Yvon Neptune, informed the Secretary of State for
Public Safety, Mr. Jean Gérard Dubreuil, that, in accordance with the President
of the Republic, His Excellency Mr. Jean-Bertrand Aristide, he had established
a National Disarmament Committee, made up of the Secretary of State for Public
Safety, Mr. Jean Gérard Dubreuil (Chair), Mr. Frantz Gabriel (Executive), Mr.
Aramick Louis (Executive), Mr. Belle Angelo Bell (Director General of the
Ministry of the Interior and the Territorial Divisions, Mr. Jean-Claude
Jean-Baptiste (Director General a.i. of the PNH), and Mr. Josué Pierre-Louis (Government
Commissioner). A copy of that letter is attached hereto.
d)
Strengthening of the disarmament law:
This item has not yet been completed. Draft legislation is being drawn up by the
Ministry of Justice and Public Safety.
5.
Electoral safety
a)
Invitation to the international police advisers:
A special request will be made in the days ahead to
the Representative of the Special Mission in
b)
Establishment of a Task Force:
A Task Force was established by government decision. It consists of high-level officials of the PNH
and of a neutral eminent person, Mr. Beaubien Fontaine Frederic, former Colonel
(Ret.) of the former Haitian Armed Forces (CV attached as an annex). This committee was instructed to contact the
figures selected to serve on the future Provisional Electoral Council (CEP) in
order to review with them a security plan that would ensure their safety.
c)
Administrative measures to close the file of the
former CEP:
The Prime Minister Mr. Yvon Neptune, by letter
DGB/DA/000, instructed the Bank of the
6.
Human rights
Four press releases prepared by the Joint Committee on
Human Rights were issued by the Government on
7.
Political civility
This commitment was mentioned in the speech delivered
by the President of the Republic on
8.
Other
The correspondence dated
9.
Outlook
This report is intended to provide an assessment of
the progress made by the Government in implementing the Terms of Reference, in
the context of OAS resolutions CP/RES. 806 (1303/02) and CP/RES. 822 (1331/02).
This list of activities is not
exhaustive and is just a beginning. The
joint committees will continue to meet to establish more comprehensive
schedules so as to achieve full implementation of the different Terms of
Reference, capable of fostering a climate of security, confidence, peace, and
mutual respect for the smooth holding of elections. It would also be desirable for the OAS
Special Mission to define mechanisms for evaluating the progress made by all
actors in the context of resolutions CP/RES. 806 (1303/02) and CP/RES. 822
(1331/02).
SPEECH DELIVERED ON
I am pleased to be welcomed by you
and happy to be with you today. That is
why the Prime Minister, the entire government, and I myself are paying a
patriotic tribute to you on the eve of March 29, the day we commemorate the
Constitution.
It is a great pleasure for me, too,
to be accompanied on this visit by the Secretary of State, Mr. Dubreuil, the
new Director General of the National Police, Mr. Jean-Claude Jean-Baptiste, and
by all the new members of the High Command.
We welcome also the presence of
several departmental directors. Thus, we
have with us today authorities who have taken the trouble to come, drawn by the
power of our Constitution, the Constitution of Haiti. Tomorrow, the whole country will have a chance
to ponder or reflect on our Constitution. As I paused to think about the Constitution, I
asked myself if I should not pay a surprise visit, for several reasons. As Major Bleck put it, this decision forms
part of a policy to visit and encourage the Police, above all in recent
months. We have lost some of them. We have to go on administering this patriotic
solution, this antidote we must protect and serve. At the same time, I have come here today
because, for too long, this institution was synonymous with death. With the advent of democracy, with the Police,
this institution has now become a symbol of life. Here, when this place housed the Criminal
Investigation Department, with torturers who oppressed the population and, with
the help of the army, killed people during the dictatorship, this institution
represented death.
Thanks to the 1987 Constitution,
which, with today’s Police, gave us back our lives, we find ourselves once
again in a place that engenders life not death. I am proud of that, because it is incumbent
upon us to protect the life of all citizens, without distinction.
I think of the heinous murder of
Eddy Volel’s brother, Yves. That is a
crime we shall never forget because in plain daylight, with the army there to
protect the lives of citizens, it was death that prevailed. Yves fell. No verdict has yet been issued to determine
who was responsible, but fortunately you others, you police officers, are here
to give and safeguard lives.
I would like to congratulate all the
police who go about their tasks as the Constitution demands. I would like to encourage all the police
throughout
My compliments to all you police
officers, who fulfill the task the Constitution has entrusted to you: to
protect and serve.
When CIMO restores order, some, it
is true, will be scared, and others pleased.
Generally, those who want to see chaos are those who will be
scared. The bandits (zenglendo)
among them will have every reason to be afraid. Crooks will be scared, just as bandits will be
scared, because they do nothing but sow death and wreak havoc. When CIMO does its job and imposes order and
protects life, people will rejoice. What
is true of CIMO is also true of the Police, because we all have the same
responsibility: to protect and serve.
Allow me to remind the nation what the
Constitution means and why we have one, before I go on
to outline the responsibilities it assigns to the Police as an institution.
The first page of the Constitution
describes its raison d’être. There I
read:
- The
Haitian people proclaim this constitution in order to ensure their inalienable
and imprescriptible rights to life, liberty and the pursuit of happiness
A little further down, it says:
- The
Haitian people proclaim this constitution in order to implant democracy, which
entails ideological pluralism and political rotation and affirm the inviolable
rights of the Haitian people.
- To
strengthen national unity by eliminating all discrimination between the urban
and rural populations.
- To
ensure the separation and the harmonious distribution of the powers of the
State at the service of the fundamental interests and priorities of the Nation.
As a people, then, we bear a huge
responsibility. To let ourselves be
guided by the Constitution to forge this rule of law and promote harmony among
all Haitian men and women.
As for the Police, Article 269.1
stipulates that it is established to ensure law and order and protect the life
and property of citizens.
A little later, Article 273 reminds
all policemen and policewomen that the Police, as an auxiliary of the Justice
System, investigates violations, offenses, and crimes
committed, in order to discover and arrest the perpetrators of them.
Not all the accomplices in the
murder of Yves Volel have been arrested. We trust that the investigations will continue
so that, thanks to the Police, which is a branch of
justice, those who commit murder are identified.
We are glad to see that a positive
phase has begun with the ruling on the murder of Jean Dominique and Jean-Claude
Louissaint. For some that is a step in
the right direction, for others the ruling is deficient. I myself think that, despite the ruling’s
shortcomings, there is now more of a chance that a proper and formal inquiry
can be conducted and I would like to avail myself of the opportunity to
encourage the next of kin of the victims, such as Mrs. Michel Montas, who is
intending to appeal the ruling. There, I
refer to all the other victims as well. Respecting
the independence of the judiciary vis-à-vis the Executive and Parliament, the
State, and the Head of State in particular, will continue to honor their
commitment to stand by those who wish to file an appeal because they consider
the ruling deficient. That is your
right. There must be a safe environment
to ensure that all victims are in a position to pursue their quest for justice
in accordance with law. Your suffering
is my suffering, and when justice is done the pain diminishes.
To
the relatives of murdered police officers, I say we must find the perpetrators
before long. I and the whole of the
Executive share their grief. On the eve
of the day we celebrate the anniversary of the 1987 Constitution, all of us
have an obligation to tighten ranks so that we can march further down the path
to justice and to encourage those who are courageous, abide by the law, and
enforce the law.
While we accomplish that task, it is
true that we must avoid pressure being put on the judicial authorities. And I would also like to take this opportunity
to congratulate all citizens who acknowledge their obligations and therefore
refrain from trying to influence the courts.
Be they government officials,
persons in the minority private sector, or majority private sector, individuals
belonging to minority or majority civil society organizations, Haitians living
in rural or urban areas, the fact is no-one has the right to exert any kind of
pressure on a judge, a magistrate who, in all conscience, must let himself be
guided by law if he is to perform his function, which is to administer justice.
Similarly, there are several
committees we have set up with the help of the OAS to expedite the
professionalization of the Police, as a branch of the justice system. I call upon all police officers to support
these committees so that, together, we can forge a more professional police
force.
The police force has performed an
extraordinary task with very few resources at its disposal, which is why I
delighted to congratulate it today.
We have just had our three-day
carnival. Nearly three million people
took to the streets without the loss of a single life, which says a lot about
the mutual understanding between the population and the Police. Such wonders are possible because we are a
noble people. Carnival is only one
example. It is in that same spirit that
I call upon the population to provide the Police with all the information they
need to simplify their work in finding culprits, criminals, bandits, and all
those who have chosen a life of crime. Every bit of information may help.
Likewise, when disparaging remarks
are heard because some people do not want the institution to do its job, it is
best not to pay attention, not to lose one’s temper.
As soon as we appointed a Director
to head the Police, you saw how some were pleased, while others went about
spreading false rumors so that they could fire their poisoned arrows. I think of someone I consider to be one of the most serious people in this country:
Brother Franklin Armand, founder of the Community of Brothers and Sisters of
the Incarnation, who works in Hinche. It
was him I consulted before inviting Mr. Jean-Claude Jean-Baptiste to come and
work in the Office of the Presidency until he joined the private staff.
I am pleased that a serious person
such as Brother Armand was able to give me, the serious person at his side,
excellent advice. He did not recommend
me to appoint Jean-Claude Jean-Baptiste Director of the Police, but I am glad I
was able to consult someone serious to help me to continue doing a serious job.
So, when there is disinformation,
false rumors, we have to remain calm and ascertain the truth in order to get on
with the job.
Soon elections will be held. That means that the Constitution, which
requires elections to be held to strengthen democratic institutions, will need
the police to provide support in that task and I am here today because I share
the vision that leads us toward elections. If there are people in prison, they cannot go
49 hours without seeing their judge. While the judicial authorities respect the
legal deadline of 48 hours, the police authorities have no desire, when they
arrest someone, to have that person spend more time in prison before he or she
sees a judge. At the same time they must
make sure that corruption does not lead the police to take risks when arresting
criminals, only to see them subsequently freed because of that corruption,
which heightens the risks to which police officers are exposed.
Only
when everyone has assumed his or her share of responsibility for respect for the
Constitution and the law will better conditions be established allowing us to
organize free, fair, and democratic elections.
In that context, there is actually
one factor that will cause us problems along the way. I am referring to drugs. Those earning dirty money from drugs may well
become a mafia and prevent the Police from doing its work and remaining united
under the banner of the Constitution in order to combat drug trafficking,
because elections, democracy, security, and peace do not operate with what is
not right. What we do is right.
If we are to organize sound
elections, we must continue to comply with the provisions of Article 28 of the
Constitution.
Indeed, Article 28 of the
Constitution recalls that every Haitian has the right to express his views
freely on all topics by whatever means he or she chooses.
Article 28.1, journalists exercise
their profession freely under the law.
I ask the Police to continue to
comply with this article when they accompany the press, journalists. I encourage journalists to tell the truth, to
publicize it, to make their job more and more enriching every day.
This is the respect we are talking
about, the respect enjoyed by everyone, respect for journalists, respect for
all organizations enjoying the right to express themselves freely without
encouraging others to lie. However, all
of this entails respect for the right enjoyed by everyone and by every
organization to speak out without fear.
Let us read what Article 31 of the
Constitution asks us to do.
Allow me to read out Article 31 of
our Constitution to you:
Freedom of unarmed assembly and association for
political, economic, social, cultural or any other peaceful purposes is
guaranteed (Article 31.1).
Political parties and groups shall compete with each
other in the exercise of suffrage. They
may be established and may carry out their activities freely. They must respect the principles of national
and democratic sovereignty.
The police authorities must be notified in advance of
assemblies outdoors in public places.
It is sometimes difficult for the
Police to do good work when demonstrations are held without it being
notified. The Constitution establishes
that the Police should be notified.
When the Police is notified, the
Constitution calls on you to lend a hand, as I’ve just read, since, when the
Police has been informed of a demonstration route, it will be better able to do
its job for those of us who are demonstrating peacefully and for itself, which
has to ensure law and order.
Should two groups want to
demonstrate at the same time, they cannot do so, either at the same time or the
same place.
Otherwise, clashes will result. The Police is
responsible for avoiding clashes. That
is why I encourage all groups and all associations to continue to exercise
their right to demonstrate peacefully. But obey the law. Explain to the Police the route that will be
taken and the Police will respect your rights, just as you respect its
rights. Consequently, together, you’ll
be able to establish better conditions in a better climate in order to organize
elections that will be: free, fair, and democratic. As you will be able to realize, everything the
Constitution calls for helps to bring you light.
When all of this has been enlightened
for you, police officers will be proud, because they will consider themselves
members of a body that understands them, in a society that understands them.
And this society will also be proud because it will see that it has a body or a
corps (the police corps) that protects it and serves it. If we pay attention, we’ll see that, with the
exception of the Director General, our police officers have white beards or are
bald. In other words, the force is
slightly old, as we can see. I’m not
saying that it’s very old, just slightly. But all those in authority are young. That is the future,
the future belongs to you the young people. It is therefore in our interest to encourage
everyone in the country to join with the Police to pave the way to elections in
2003.
Tomorrow we shall turn our thoughts
to the Constitution. The Constitution is
a beacon that will guide us along the path of elections in 2003. Toussaint Louverture, to whom we will be
paying tribute on April 7, reminds of us our obligation in this regard since he
was the first to publish the Constitution of 1801. Thus, on behalf of Toussaint Louverture and
of a like mind, the 1987 Constitution asks us to do our utmost and to make
every sacrifice possible so as to arrive at the moment that will lead us as
brothers and sisters to elections. The
Constitution already outlines the intention of all opposition political parties
to follow the rules of the game. Whether
Fanmi Lavalas or an opposition political party, we are brothers and sisters and
we are obliged to draw closer to one another to prepare for elections together.
Those who are not party members
should also contribute to the light of the Constitution. And so, on the eve of the commemoration of the
Constitution, I would ask the Nation once again to unite, to consolidate our
institutions, to support the youths making up the Police and those who do
not. Let us set a good example of
civility, of civilized people, so that every day, if a single Haitian feels
discouraged, he or she will find thousands of other Haitians to give him
encouragement. If a single Haitian feels
like losing hope, he should find thousands of other Haitians to restore that
hope. Because of the embargo, the cost
of living has increased. Because of the
embargo, people are obliged to make others spend twice as much to feed their
children or to buy medications, pay for housing, and send children to school. We bear a twofold responsibility for forging
unity in order to follow the provisions of the Constitution and to organize
sound elections and advance more quickly along the road to development. The
embargo must be lifted to lower the cost of living. The elections that we organize must be sound
to allow all democratic institutions to benefit from the outcome.
In conclusion, I will read out in
Creole what I have already read in French: the Declaration that appears on the first page
of the Constitution. Since I am at CIMO
headquarters, I would ask the CIMO to continue to show how we can carry on with
maintaining law and order while I continue to give you a patriotic embrace and
to congratulate you for the task you will undertake. All specialized units, all police officers,
from officer-1 to the Director General, the country, everyone is counting on
you. The Nation needs you; foreign
observers are watching you. Hence, on
the eve of the commemoration of our Constitution, we reaffirm our patriotic
will to respect what the Constitution expects of us. I am counting on you. I know that we can do it. When I see that you were able to keep the
country on track in the midst of these difficulties that could have resulted in
chaos but didn’t–difficulties like poverty, hunger (planned poverty,
planned hunger), because of an embargo–it means that we can perform even more
miracles than we have. When people are
discouraged, they should simply look at what we have done over the last two
years, during which the country did not explode despite all the sudden
shocks. This means that all of us, the
young people, the Police, the citizens, can perform miracles.
Once again, on the eve of the
commemoration of the adoption of our Constitution, I am happy to be with you
and proud to be Haitian, since we have shown over the past two years that we
are able to perform miracles thanks to our patriotic roots and our human
resources. May the entire nation
remember these forces that guide us.
May the entire nation immerse itself
in the wellspring of these resources–cultural resources, patriotic resources,
human resources, and constitutional resources so as to continue to guide our
future as a people, a free people that will never bend, a free people that will
always stand tall to allow human rights to be observed and human dignity
protected, and to allow democratic institutions to function better and better
with each passing day. And our
Constitution will doubtless be able to nurture what constitutes our greatness
as a people.
Before concluding, let us listen to
the Declaration set forth on the first page of the Constitution. The text is in French and in Creole and I
will have it distributed to you as evidence of the Government’s resolve, and in
particular the resolve of the Police, to use the Constitution as a
compass. From our vantage point today,
we can say that all that existed earlier on with the Haitian army was death,
cadavers, and torture. With the arrival
of the Police, protection must continue to be afforded, life must continue to
be protected, and the Constitution must continue to guide us. We say nevermore to lethal weapons because we
are against war and for peace. We are
against lethal weapons and for constitutional weapons that guarantee
peace. And this is true both nationally
and internationally. We are citizens of
May this reading of the Constitution
strengthen the collective faith of a peaceful people–the victim of repressive
structures, the victim of so many cynical plots, and nonetheless a people that
is always proud to join hands to continue rebuilding the
The first declaration to be distributed reads as
follows:
The Haitian people declare: It agrees
with this Constitution.
First, every Haitian has the right to life;
Second, every Haitian has the right to live free;
Third, every Haitian has the right to live without
difficulties.
Thus, the right to life,
The right to live free,
The right to live without difficulties.
Second declaration: The Constitution exists to enable
The
Declaration goes on to say: The
Constitution exists to enable democracy to take root in the country.
Lastly, the Constitution exists to
enable
Long
live the Constitution of the
Long
live the Haitian people!
Long
live the National Police of Haiti!
Long
live our dear
Thank
you.
President
Jean-Bertrand Aristide
Annex F: Statement
of the Episcopal Church of
ANNEX F
http://scm.oas.org/pdfs/2003/CP11112_F.pdf
Annex H: March 31 Declaration of the Group of 184
Organizations and Entities
ANNEX H
DECLARATION DU GROUPE DES 184
Suite au communiqué no 2 du Groupe des 184 concluant
à l’impossibilité dans l’état actuel des choses de mettre en place les
mécanismes et les structures nécessaires à la tenue d’élections libres,
transparentes et crédibles ;
Suite au séjour en Haiti les 19 et 20 mars d’une délégation de haut
rang de l’OEA, fixant l’échéance du 30 mars 2003 pour la formation du CEP
moyennant l’adoption par le pouvoir d’un certain nombre de dispositions
susceptibles de garantir la sécurité des citoyens dans le respect des libertés
publiques
Vu l’expiration de ce délai du 30 mars;
Le Groupe des 184 soumet à la nation et à la Communauté
Internationale les observations suivantes :
1. Des entraves à la liberté de rassemblement et d’expression:
Le comportement affiché ces
dernières semaines tant par la police que
par des autorités politiques accompagnées de civils armés à leur service
a montré clairement à l’occasion de plusieurs rassemblements pacifiques de la
société civile, que les pratiques de répression et de violations graves des
droits humains loin de s’arrêter continuent à être renforcées. En témoignent
les actes arbitraires et les violences
perpétrés récemment en toute impunité contre des enseignants, des étudiants, et
des journalistes devant l’Ambassade de France, contre la Caravane de l’Espoir
du Groupe des 184 au Cayes, contre la manifestation des écoliers à Saint-Marc,
contre les rassemblements de mouvements de femmes à Port-au- Prince, et contre
la marche du Mouvement Paysan de Papaye dans le Plateau Central.
2. De l’arrestation avortée de chefs de gangs liés au 17
décembre 2001 et leur démantèlement :
Les mesures prises ces derniers
jours par le pouvoir, en réponse à la demande faite par la délégation de l’OEA
d’arrêter avant le 30 mars des chefs de gangs politiques liés selon le rapport
de la Commission d’Enquête de l’OEA aux crimes du 17 décembre 2001 n’ont jusqu’ici pas abouti. Ce, même dans les cas
les plus critiques comme celui d’Amiot Métayer de l’armée cannibale aux
Gonaïves et des assassins inculpés de Brignol Lindor à Petit-Goave. Les dispositions
apparentes prises par le pouvoir étant perçues dans l’opinion publique comme
des mesures cosmétiques qui n’ont aucune chance de conduire au désarmement et
au démantèlement des gangs politiques proches du pouvoir
3. Des
changements à la Police Nationale d’Haïti:
Les changements opérés à la tête
de la PNH à la demande de la délégation de l’OEA ont à nouveau introduits au
niveau de la hiérarchie de l’institution, des personnalités hors-cadre dont la
crédibilité est gravement contestée. Ces changements qui sont intervenus en
violation des prescrits de la constitution et de la loi n’inspirent aucune
confiance aux citoyens et à la société, victimes de la politisation et de la
corruption à outrance au sein de la PNH.
Par ailleurs il a été constaté
que les cadres supérieurs écartés de la PNH ont été récupérés dans une
structure parallèle non définie, non prévue par la constitution et la
loi,appelée « Haut Commissariat à La Sécurité Nationale ».
4. Des
citoyens contraints à l’exil :
Les actes de répression et
d’intimidation ont de nouveau contraint à l’exil durant ces dernières semaines
plusieurs citoyens et fonctionnaires publics qui entendaient exercer leurs
droits et accomplir leurs devoirs dans le respect de la loi et des principes
démocratiques. Parmi eux, on peut citer notamment des journalistes de la
province et de la capitale, des magistrats juges et commissaires persécutés et
offensés par le pouvoir politique dans le cadre de l’affaire Amiot Métayer
5. Du
dossier de l’assassinat de Jean Domminique :
L’ordonnance réclamée par la
délégation de l’OEA dans le cadre de l’assassinat de Jean Domminique, loin de
créer une lueur d’espoir que la justice triomphera, soulève plutôt des questions particulièrement troublantes
relatives à l’absence d’indications sur les commanditaires et véritables
auteurs du crime
De l’avis des hommes de loi, de
la presse, des organisations des droits de l’homme qui ont pris connaissance de cette ordonnance,
attendue depuis près de trois ans, celle-ci constitue davantage une gifle à la
justice et une insulte à la conscience nationale.
6.
De l’assistance internationale à la sécurité:
La mise en œuvre de l’assistance
internationale prévue par la résolution 822 en matière de sécurité et
d’encadrement de la PNH ne s’est jusqu’à présent pas matérialisée de manière
visible, significative et efficace. Ce, en dépit des termes de référence
souscrits formellement entre l’OEA et le Gouvernement haïtien.
CONCLUSION
En conclusion, la position de la société civile
exprimée clairement à travers le communiqué no2 du Groupe des 184 demeure inchangée.
Les catastrophes électorales de ces dernières
années n’ont fait qu’enfoncer notre pays dans la crise et la souffrance. Seule
la mise en place préalable de conditions suffisantes de sécurité permettant le
respect des libertés publiques et le droit des citoyens à se rassembler, à
circuler, à s’exprimer librement au plan civique et politique, devrait
déterminer la participation de la société civile à la formation effective du
CEP.
Le Conseil Electoral Provisoire, quelque crédible
et courageux qu’il pourrait être, n’aura ni le mandat, ni les moyens pour se
substituer au pouvoir établi dans sa mission de garantir la sécurité et le
respect des droits des citoyens. Les expériences déjà vécues avec le Conseil
Electoral Provisoire de 1987 et celui de 1999 premières versions, l’ont déjà
largement prouvé.
Les organisations de la société civile demeurent
convaincues que l’intérêt national et celui de la cause démocratique résident
dans la mise en œuvre dans des délais techniquement appropriés, d’un processus
électoral non précipité et crédible, conduit dans un climat raisonnable de
confiance et de sécurité.
Pour authentification, le Comité Ad Hoc:
Chambre de Commerce et d’Industrie d’Haiti Initiative
de la Société Civile
CP11112E01.doc
CNEH MOUFHED
[1]. Annexes A, B, and C are attached to this report and have been translated into the Organization’s official languages. Annex E, the March 30 letter from Foreign Minister Antonio to the Chief of the OAS Special Mission and the Report of the Government of Haiti forwarded under cover of that letter, have also been translated and are appended to the current report . However, all other documents included in Annex E and all other annexes (i.e.F to H ) will be posted to the OAS website (www.oas.org) as attachments to the electronic version of the current report.