SIXTH
REPORT OF THE MISSION
OF THE (THE
CONTINUING EFFORT TO FACILITATE A SOLUTION TO THE POLITICAL CRISIS) On June 4, 2002, the thirty-second regular
session of the General Assembly of the OAS adopted resolution AG/RES.
1841 (XXXII-O/02), "The Situation in Haiti." Among other things, this resolution called upon "the
Government of Haiti, all Haitian political parties, and civil society to
provide full support for the dialogue process and for the activities and
recommendations of the OAS Special Mission, the Commission of Inquiry,
and the Advisory Council on Reparations."
It also urged "the Government of Haiti and all political
parties to resume, in the spirit of compromise, negotiations aimed at
achieving a solution to the crisis and, taking into consideration the
Government of Haiti's constitutional electoral prerogatives,
establishing a timetable for technically feasible legislative and local
elections supervised by an independent, credible, and neutral electoral
council." Since the General Assembly, Assistant Secretary
General Luigi Einaudi and the Foreign Minister of Saint Lucia and
Chairman of the CARICOM Council on Foreign Relations (COFCOR), Senator
the Honorable Julian Hunte, have traveled to Haiti on two occasions,
visiting Port-au-Prince on June 10-18 and again July 5-10.
On both occasions, the
Assistant Secretary General and the Foreign Minister held numerous
consultations with the President, the Prime Minister, Fanmi Lavalas,
Convergence Démocratique, Initiative de la Société Civile, and the
Churches, as well as with the Secretary General's Group of Friends on
Haiti. On June 12, Messrs. Hunte and Einaudi presented
to the political parties, Fanmi Lavalas and the Convergence Démocratique,
Rev. 9 of the Initial Draft Accord (Annex 1).
Rev. 9 was nothing more than a merger of Rev. 8 as it stood in
July 2001 and the compromise elements submitted to the parties in early
December 2001. To avoid
confusion, no language was added or deleted. On June 14, Fanmi Lavalas responded to the
document, accepting it as "a basis for negotiation."
On June 15, this positive response was put into writing.
Convergence Démocratique,
in a letter not received until June 21, conditioned the making of any
response to prior "concrete acts" by the government on matters
discussed between their representatives and President Aristide at an
unprecedented face-to-face meeting on June 15 at the residence of
the Papal Nuncio. The June 15 meeting, the first in which the
parties had met since President Aristide assumed office, was one that
the Assistant Secretary General and the Foreign Minister had encouraged
with support from the Group of Friends and with the facilitation of the
President of the Bishop's Council of the Catholic Church, Bishop Hubert
Constant. The issues put forward by Convergence Démocratique at the face-to-face
meeting centered on rule of law matters related for the most part to
specific cases within categories addressed generally in paragraph 4 of
CP/ RES. 806 (1303/02) corr.1 of January 16, 2002.[2]/ These issues are indeed of
great importance, are key to the work of the OAS Special Mission, and
are considered in process by the government of Haiti.
These and other security concerns, including disarmament (which
is not mentioned in CP/RES. 806), have been and remain persistent
elements of the continuing dialogue maintained by both the OAS and
CARICOM with Haitian authorities at the highest levels.
But Assistant Secretary General Einaudi and Foreign Minister
Hunte have also repeatedly made clear that they did not see these as
preconditions to the conclusion of what has always been understood to be
an Initial Accord to enable Haitians to begin to resolve their
differences democratically. On July 1, the Report of the Commission of
Inquiry into the Events of December 17, 2002 in Haiti was circulated to
all member states. That
week the Advisory Council on Reparations concluded its work and
submitted its final report to the Ministerial Committee relating to
compensation for the victims who suffered loss as a result of the events
of December 17, 2001.[3]/ Between July 5 and 10, 2002, Assistant Secretary
General Einaudi returned to Haiti hoping to conclude the Accord.
Foreign Minister Hunte joined him on July 6,
and they both began a new round of consultations with all parties.
At the end of their visit, the President of Haiti provided
another document setting out his Government's commitment in a number of
areas covered by the draft initial accord and the recommendations of the
Commission of Inquiry. Convergence
Démocratique undertook to submit its response subsequently, and it was
indeed received on July 11. Both responses are attached. Appendix 1 June 12, 2002 Counterproposal by Fanmi Lavalas to the Initial Draft Accord, Rev. 9 of June 12, 2002[4]/ ______________________________________________________________
The undersigned, political parties, civil society organizations,
and churches, reaffirm our deep conviction that the political crisis
must be resolved and democratic institutions strengthened.
We solemnly pledge to work toward those objectives and to spare
no effort to attain them in good faith, in line with hemispheric efforts
to promote and consolidate democracy.
Therefore, we have agreed on the following points, with the
Government’s guarantee: ·
Convergence Démocratique
acknowledges and accepts the results of the (presidential and one-third
of the Senate) elections of November 26, 2000. ·
Fanmi Lavalas agrees to
organize new elections for the legislature and territorial communities
in xxx 2003, on a date to be chosen by the Provisional Electoral Council
(CEP).
A presidential decree or the next elected parliament (with the
participation of the two parties) will ratify and legitimize all
appropriate acts, work, and tasks undertaken (during their time in
office) by those who held office as a result of the elections of May 21,
2000. I.
The formation of a new, credible, independent, and neutral
Provisional Electoral Council (CEP).
We agree to participate in the appointment of the nine members of
the CEP, according to the following formula, which has been arrived at
by consensus. Each member
must be a respected person enjoying the confidence of all citizens.
Prior to the appointment of the members, the undersigned shall be
consulted about the persons designated, in order to verify that they
possess the necessary qualifications.
The CEP shall have the following mandates, responsibilities,
authority, and guarantees: a.
To organize, in
2003, elections to replace members of Parliament who were elected
on May 21, 2000; b.
To organize elections for
the territorial communities. The
indirect elections will be held after those of the territorial
communities. c.
To name the executive
officers of the CEP, charged with carrying out its decisions. d.
To review the
qualifications of the CEP staff to verify that they meet the
requirements of professionalism, expertise, impartiality, and fairness.
If necessary, the CEP may name new staff possessing those
qualities. e.
The CEP shall receive full
financial and technical support from the Government of Haiti to ensure
its autonomy and its ability to fulfill its duties without interference.
In addition, the Government shall take all the necessary
decisions and measures to guarantee the security and protect the
autonomy of the CEP members, of its staff and advisers, of the
candidates, of political militants, and of citizens, so that they may
fully exercise their political rights throughout the national territory. f.
The CEP may request and
receive logistical, technical, and financial assistance from the
international community through the state. DEPARTURE
SCHEDULE A.
Senators and Deputies Those who entered Parliament as a result of the elections of May 21, 2000
shall remain at their post until the arrival of their successors, who
will take up office within a normal period of time following
proclamation of the results of the elections. B.
Territorial Communities ·
Once the Agreement is
signed, officials elected unconstitutionally and illegally will be
removed from office in accordance with Article 72 of the Constitution.
The vacancies thereby created will be filled in accordance with the
Constitution. However, bearing in mind the lack of a Departmental
Council, these local representatives will be replaced on the basis of
consensus. ·
Local representatives (with
the exception of those who will be removed for abusing their office)
will be entitled to remain at their posts until the newly elected
representatives swear in. ·
Under electoral law, the
CEP may, at its discretion, reject any person it deems to be
unacceptable as a candidate for election. A compensation scheme could be drawn up to cover the loss of income
occasioned by
the shortening of the terms of office. ·
The remaining local
representatives will remain at their posts until the swearing-in of
their successors and their return to office. The performance of all the
local representatives will be monitored prior to the elections in
accordance with constitutional precepts. II.
The establishment of an environment conducive to the expression
of political preferences and permitting free elections
We agree to take all measures that will increase confidence and
respect among the political parties and the Government.
The Police in particular should exercise the greatest prudence
and care to perform their functions in an impartial, neutral, and just
manner. The Provisional
Electoral Council (CEP) shall have the authority to monitor the National
Police to see that they are performing their functions in an impartial,
neutral, and just manner. To
that end, the CEP shall devise a means of supporting this monitoring
function, after consultations with the political parties, civil society,
and the churches.
Through that mechanism, and through its Electoral Guarantees
Committee, the CEP shall receive complaints and requests from political
parties, candidates, and citizens concerning National Police operations
in connection with the electoral process.
Also, the mission of the Inter-American Commission on Human
Rights and the Electoral Observation Mission may report to the CEP any
shortcomings they may have observed.
The CEP shall have the right to submit recommendations on
corrective measures to the Superior National Police Council (CSPN).
Likewise, it may communicate with the Government of the Republic
to present recommendations for resolving problems it has identified.
The recommendations of the CEP may include specific proposed
deadlines for their implementation.
The CSPN shall take all necessary measures to address the
recommendations of the CEP with the greatest diligence, so as to ensure
the maintenance of an environment conducive to the success of the
campaign, the election, and the post-electoral activities.
The Superior National Police Council shall ensure that there is
no interference with the recruitment, work, and professional conduct of
the Police.
The Government of Haiti shall invite a mission of the
Inter-American Commission on Human Rights to monitor the observance of
human rights.
The Government of Haiti will also ask the OAS and CARICOM to send
an electoral observation mission (EOM) to be present throughout the
election process. The EOM will provide the CEP with technical assistance
and verify the existence of all the conditions needed to guarantee free,
transparent, and fair elections that allow citizens to express their
political preferences freely, in an atmosphere free from intimidation.
The Government of Haiti will request technical assistance for the
National Police to help with the preparation and implementation of
security plans.
The CEP establishes an Electoral Guarantees Committee (EGC) to: ·
Strengthen the
participation and trust of citizens, institutions, candidates, and
political parties in the election process. ·
Help the CEP gather,
analyze, and process complaints by candidates or citizens with respect
to the electoral process. ·
The EGC will comprise,
inter alia, representatives of electoral observations missions, of a
national coordination body formed on the basis of experience with
coordinating electoral observation in Haiti, and of civil society
organizations. The OAS Special Mission on Strengthening Democracy in
Haiti will participate as a witness. ·
The EGC will be run jointly
by eminent persons appointed by the Conference of Bishops and the
Protestant Federation of Haiti under the supervision of the President of
the CEP. ·
The EGC will carry out its
functions all over the country in accordance with the Electoral Law and
the instructions of the Provisional Electoral Council. ·
Any instances of fraud or
grave irregularities reported to the EGC by any interested party entitle
it to refer the matter instantly to the CEP for legal action. III.
Furtherance of national dialogue aimed at reaching a political
agreement that will strengthen democracy and observance of human rights
and promote economic and social progress.
We are willing to undertake, within 30 days of the signing of
this agreement and with the backing of the Government of Haiti and the
OAS-CARICOM Special Mission on Strengthening Democracy in Haiti, a
dialogue among political parties and civil society organizations aimed
at devising and reaching a political agreement on the following issues: a.
Security for citizens, a
justice system, and a police system, including the establishment of
civilian authorities to oversee the police. b.
Consolidation of democracy
and of opportunities for participation, including the strengthening of
political parties as social institutions. c.
Human rights. d.
Economic and social
development. e.
Governance and
transparency. IV.
Arrangements for the appointment of the members of the CEP
We agree to the President of the Republic appointing members of
the CEP proposed by the following institutions: ·
1 representative of Fanmi
Lavalas ·
1 representative of
Convergence Démocratique ·
1 representative of the
other political parties ·
1 representative of the
Conference of Bishops ·
1 representative of
reformist sects coordinated by the Protestant Federation of Haiti ·
1 representative of the
Episcopal Church ·
1 representative of the
Judiciary ·
1 representative of
employers’ organizations coordinated by the Haitian Chamber of
Commerce and Industry (CCIH) ·
1 representative of human
rights organizations coordinated by Justice and Peace.
In the event that an organization or sector fails to make a
choice by the appointed deadline, the Conference of Bishops, the
Protestant Federation of Haiti, the Episcopal Church, the Judiciary, and
the coordinator for human rights organizations will jointly fill the
gap.
Should a member of the CEP resign or be disqualified or unable to
exercise his or her functions, he or she will be replaced by the same
body that made the appointment.
As contemplated in Chapter I, each of the members should be
respected and trusted by all citizens. Before they are appointed,
consultations should be held among the undersigned regarding proposed
appointees in order to check that they have the necessary
qualifications. V.
Provisions regarding international cooperation
We also agree to asking the Secretary General of the OAS to
strive, together with member states and CARICOM, to restore normal
relations between Haiti and the international community, including
international financial organizations, inasmuch as progress is made in
implementing this political agreement, in order to achieve a lasting
solution to the crisis triggered by the elections of May 21, 2000 and to
help foster the economic and social development of Haiti. Signed at
Port-au-Prince, on Fanmi Lavalas
Convergence Démocratique WITNESSES: Conference
of Bishops
…………………………… Federation
of Protestant Churches of Haiti
…………………………… Initiative
de la Société Civile
……………………………. Fondation
Nouvelle Haiti
……………………………. Chamber
of Commerce and Industry
……………………………. Center
for Free Enterprise and Democracy
……………………………. Organization
of American States
……………………………. Caribbean
Community
……………………………. European
Union
……………………………. Dean of
the Diplomatic Corps
……………………………. United
States of America
……………………………. Canada
……………………………. France
……………………………. Dominican
Republic
……………………………. Chile
……………………………. Seen and approved by the Government of Haiti Appendix 2 ACCORD
Between the Haitian Government represented by the Minister of
Justice and Public Security, Mr. Jean-Baptiste BROWN, And The undersigned: □
Mr. Reynold GEORGES,
representing ALAH and KID □
Mr. Yves GUSTINVIL, of the
MAYARD-PAUL law firm, representing MOCHRENHA □
Ms. Gladys LEGROS,
representing ORGANISATION DU PEUPLE EN LUTTE (OPL) and CENTRE DE
RECHERCHES ET DE FORMATION ECONOMIQUE ET SOCIALE POR LE DEVELOPPEMENT (CRESFED),
Mr. FRITZ VAVAL and Mrs. VAVAL née PIERRE-CHARLES □
Messrs Dilia LEMAIRE and J.
F. Annibal COFFY, representing KONAKOM and Ms. Jessie BENOIT □
Mr. Jean Eugène
PIERRE-LOUIS, Attorney for both NATIONAL POLICE AND CIVILIAN VICTIMS 1.
Bell Chrismer, A1 (Port-au-Prince) 2.
Moricette, Eduard, A1 (7 years) 3.
Jacques UHL, A2 (6 years) 4.
Jean Eustache Romain, Lorma
Romain (relative of Ferdinand), deceased 5.
Théogène Pierre
Ferdinand (relative of policeman Jean François Théogène, deceased 6.
Mémé Jacqueline, wife of
Dieugrand (paralyzed) 7.
Anthony Nazaire
Considering that at the time of the events of December 17, 2001,
material and physical harm was done by different groups of enraged
persons above all to the aforementioned political parties, members of
those parties, and to the other persons and institutions mentioned
above;
Considering that the Haitian Government, following an OAS
recommendation, decided that it was time to make appropriate reparation
to the aforementioned victims;
Considering that an Advisory Commission was formed to that end to
determine the criteria that should govern the reparations; and
Considering that the Haitian Government, the political parties,
and the other persons mentioned above have sought to settle this matter
through a negotiated accord, Have agreed and decided as follows:
Article I. – The undersigned parties reaffirm their willingness
to seek through negotiations a friendly settlement for making the just
reparations to which they are entitled on account of the losses endured
at the time of the events of December 17, 2001.
Article II. – The Haitian Government commits itself, once this
accord has been reached, to disbursing the agreed-upon amounts to each
of the victims, parties to this agreement, following the procedures
established by the OAS Advisory Council.
Article III. – It remains understood that this accord in
principle in no way deprives the undersigned parties of their right to
resort to all judicial remedies in the event that the amicable
negotiations fail to lead to agreement.
Article IV. – Wherefore the parties acknowledge that this
Accord forms part of the overall framework of political negotiations. Reynold
GEORGES, Attorney
Gladys LEGROS, Attorney ALLAH
and KID
OPL, CRESFED
SUZIE CASTOR
Mr. and Mrs. FRITZ VAVAL Yves
GUSTINVIL, Attorney
Jean-Eugène PIERRE-LOUIS, pp. Dr.
Luc MESADIEU
Attorney Pres. of
MOCHREN
App. Nat. Police & Civilian Victims Sylvia
DIEUDONNE Vice-Pres.
of MOCHRENA Heirs of
Rémy DARANT
Dilia LEMAIRE, Attorney
J.F. Annibal COFFY, Attorney
KONAKOM
And Ms. Jessie BENOIT Jean-Baptiste BROWN, Attorney Minister of Justice and Public Security Government of Haiti CONVERGENCE DEMOCRATIQUE 105, Avenue Lamartinière, Bois-Verna, Port-au-Prince,
Haiti Tel: (509)245-3584
Port-au-Prince, July 11, 2002 Ambassador Luigi Einaudi Assistant Secretary General Organization of American
States Washington, D.C. U.S.A. Dear Mr. Assistant
Secretary General,
Convergence Démocratique is honored to transmit to you its reply
to revision 9 of the Initial Draft Accord that you submitted to it.
It is understood that the submission of this document does not
signify a resumption of negotiations.
We would like it to be used in a restricted fashion pending a
resumption of the process.
Given the refusal of the de facto Haitian Government to follow
through with its commitments to implement Permanent Council resolution
806, this reply demonstrates the readiness of Convergence to achieve a
negotiated solution to the Haitian crisis and its acknowledgement of the
mediation efforts undertaken by the OAS and, in particular, by yourself.
We are prepared, as soon as conditions are met, to resume direct
negotiations under your auspices to finalize an agreement which we hope
will be respected.
In the face of the dire poverty of our people and of unacceptable
circumstances, we took courageous decisions in the past.
Today, we are again prepared to assume our responsibilities
toward our country and our people by remaining flexible, all the while
upholding the principles and values that guide democratic societies. Sincerely
yours,
Gérard PIERRE-CHARLES
Victor BENOIT
OPL
Espace de Concertation
Hubert de RONCERAY
Luc MESADIEU
MPSN
MOCHRENA Normal
type: Agreed
proposals Bold type:
New proposals by Ambassador Luigi EINAUDI Italics and underlined:
Proposals by Convergence [ … ]:
Deleted proposals REPLY BY
CONVERGENCE DEMOCRATIQUE TO
REVISION 9 of June 12, 2002 INITIAL
DRAFT ACCORD ______________________________________________________________
The undersigned, political parties and the Executive [civil
society organizations and churches], reaffirm our deep conviction that the
political crisis must be resolved and democratic institutions
strengthened. We solemnly
pledge to work toward those objectives and to spare no effort to attain
them in good faith, in line with hemispheric efforts to promote and
consolidate democracy. Therefore,
we have agreed on the following points, with the Government’s guarantee:
[Convergence Démocratique acknowledges and accepts the results of
the (presidential and one-third of the Senate) elections of November 26,
2000.]
The Provisional Electoral Council (CEP) shall express its
position, within two (2) months of its installation, on the presidential
elections of November 26, 2000, in accordance with Article 197 of the
Constitution and the electoral law.
[Fanmi Lavalas agrees to organize new elections for the legislature
and territorial communities in xxx 2003, on a date to be chosen by the
Provisional Electoral Council (CEP).
A presidential decree or the next elected parliament (with the
participation of two parties) will ratify and legitimize all appropriate
acts, work, and tasks undertaken by those who held office as a result of
the elections of May 21, 2000 (during their time in office).]
The next parliament resulting from the new elections will ratify
and legitimize all appropriate acts, work, and tasks undertaken by those
who held office as a result of the 2000 elections. 1.
[The formation] The mandate of a new credible, independent,
and neutral Provisional Electoral Council (CEP).
We agree to participate in appointing the nine members of the CEP,
according to the following formula, which has been arrived at by
consensus. Each member must
be a respected person enjoying the confidence of all citizens.
Prior to the appointment of the members, the undersigned shall be
consulted about the persons designated, in order to verify that they
possess the necessary qualifications.
The CEP shall have the
following mandates, responsibilities, authority, and guarantees: [a.
To organize, in 2003, elections to replace members of Parliament
who were elected on May 21, 2000, and] a.
To organize simultaneous
elections for the complete reconstitution of the two chambers and the
territorial communities in 2003, at least twelve months after the signing
of the Accord, on a date to be set by the CEP. [b.
elections for the territorial communities.
The indirect elections will be conducted after those of the
territorial communities.] b.
To organize indirect elections no later than six (6) months
after the installation of the newly elected local officials c.
To name the executive officers of the CEP, charged with carrying
out its decisions. d.
To review the qualifications of the CEP staff to verify that they
meet the requirements of professionalism, expertise, impartiality, and
fairness. If necessary, the
CEP may name new staff possessing those qualities. e.
The CEP shall prepare, in
consultation with the political parties, electoral regulations having the
force of law, which shall be published in the official journal, Le
Moniteur. These regulations
shall guarantee that the political parties are given equitable conditions
for participation in elections, so as to ensure their competitiveness,
particularly regarding financial resources and media access. f.
The CEP shall receive full financial and technical support from the
Government of Haiti to ensure its autonomy and its ability to fulfill its
duties without interference. In
addition, the Government shall take all the necessary decisions and
measures to guarantee the security and protect the autonomy of the CEP
members, of its staff and advisers, of the candidates, of political
militants, and of citizens, so that they may fully exercise their
political rights throughout the national territory. g.
The CEP may request and receive logistical, technical, and
financial assistance from the international community through the state. DEPARTURE SCHEDULE A.
Senators and Deputies
[Those who entered Parliament as a result of the elections of May
21, 2000 shall remain at their posts until the arrival of their
successors, who will take up office within a normal period of time
following proclamation of the results of the elections.]
As of the signature of the Accord, the current holders of
elective posts shall resign. [B. Territorial
Communities
Once the Agreement is signed, a number of local officials
(determined by consensus between Fanmi Lavalas and Convergence Démocratique)
will be removed from office for abusive behavior. Their successors,
recommended by the Electoral Guarantees Committee from among honest
individuals, shall be appointed Executive Agents until the newly elected
officials assume their functions. Outgoing
officials (with the exception of those who will be removed for abusive
behavior) will be entitled to remain at their posts until the elected
officials are sworn in.
The CEP may, at its discretion, reject any person it deems to be
unacceptable as a candidate for election.
A compensation scheme could be drawn up to cover the loss of income
occasioned by the shortening of the terms of office.
The remaining local representatives will remain at their posts
until the swearing-in of their successors and their return to office. As
described in the existing OAS proposal, however, the Electoral Guarantees
Committee will monitor the performance of all the local representatives
prior to the elections.]
On a proposal by the Lavalas Party, Convergence Démocratique,
and civil society, the Electoral Guarantees Committee (EGC) shall
recommend that interim agents replace members of the Councils.
These interim agents may not be candidates in the 2003 elections. II. The establishment of
an environment conducive to the expression of political preferences and
permitting free elections
We agree to take all measures that will increase confidence and
respect among the political parties and the Government.
A Prime Minister from Convergence shall make up a consensus
Government with the Head of State, in collaboration with civil society. This Government shall be installed within 15 days after the
signing of the Accord.
The Head of State and the Prime Minister shall adopt, in the
Council of Ministers, and publish, in Le Moniteur, a decree for the
purpose of: ·
Confirming the
antidemocratic and criminal nature of the acts perpetrated throughout the
country against the lives and property of opposition party members; ·
Instructing government
prosecutors and police commissioners from all jurisdictions to mobilize
public action against the authors and co-authors of the acts perpetrated
on December 17, 2001, and the accomplices therein.
The Police in particular [should] shall exercise the
greatest prudence and care to perform their functions in an impartial,
neutral, and just manner. The
Provisional Electoral Council (CEP) shall have the authority to monitor
the National Police to see that they are performing their functions in an
impartial, neutral, and just manner.
To that end, the CEP shall devise a means of supporting this
monitoring function, after consultations with the political parties, civil
society, and the churches.
Through that mechanism, and through its Electoral Guarantees
Committee, the CEP shall receive complaints and requests from political
parties, candidates, and citizens concerning National Police operations in
connection with the electoral process.
Also, the mission of the Inter-American Commission on Human Rights
and the Electoral Observation Mission may report to the CEP any
shortcomings they may have observed.
The CEP shall have the right to submit recommendations on
corrective measures to the Superior National Police Council (CSPN).
Likewise, it may communicate with the Government of the Republic to
present recommendations for resolving problems it has identified.
The recommendations of the CEP may include specific proposed
deadlines for their implementation. The CSPN shall take all necessary measures to address the
recommendations of the CEP with the greatest diligence, so as to ensure
the maintenance of an environment conducive to the success of the
campaign, the election, and the post-electoral activities.
The Superior National Police Council (CSPN) shall carry out any
reforms deemed useful in the Office of the Director General of the Police
and the Office of the Inspector General.
The CSPN shall act quickly to professionalize the PNH to enable it
to perform its functions in an impartial, neutral, and equitable manner.
To that end, measures shall be taken to appoint a new Director
General. The Executive shall
refrain from any interference in the process of recruitment, promotion,
transfer, reestablishment, and discipline of the PNH.
The Superior National Police Council shall ensure that there is no
interference with the recruitment, work, and professional conduct of the
Police.
The Government pledges to take action to prohibit all
circulation or use of military weapons by anyone except specialized police
units. The Government shall
mobilize the process of dismantling and disarming armed bands.
The Government shall request, as necessary, specialized bilateral
or multilateral assistance to bring about disarmament.
A quadripartite committee (political parties, civil society,
Government, and OAS Special Mission on Strengthening Democracy in Haiti)
shall supervise the disarmament process.
The Government of Haiti shall invite a mission of the
Inter-American Commission on Human Rights to monitor the observance of
human rights.
The Government of Haiti will also ask the international
community, in particular the OAS and CARICOM, to send an electoral
observation mission (EOM) to be present throughout the election process.
The EOM will provide the CEP with technical assistance [and verify the
existence of all]. It
ensures that all necessary conditions are in place to guarantee
free, transparent, and fair elections that allow citizens to express their
political preferences freely, in an atmosphere free from intimidation.
The Government of Haiti shall take every legitimate measure to
guarantee the strict neutrality of the state and independent entities,
primarily national radio and television, Téléco, APN, Customs, the CNE
…. State equipment should
not be used for partisan purposes during the election campaign.
The General Office of Accounts and Administrative Litigation (Cour
Supérieure des Comptes et du Contentieux Administratif) shall be
reconstituted during the transitional period on the basis of a consensus
with competent figures proposed by the Government, the Opposition, and
civil society. It shall begin to operate as early as possible.
The Government of Haiti will request technical assistance for the
National Police to help with the preparation and implementation of
security plans.
The Government of Haiti shall guarantee freedom of the press.
It shall take every measure to ensure security and free access to
information sources by members of this profession.
Any breach of these freedoms shall be condemned and punished.
The Government of Haiti shall do its utmost to ensure the
application and the recommendations of the report of the Independent
Commission of Inquiry on the events of December 17, 2001.
The CEP establishes an Electoral Guarantees Committee (EGC) to: ·
Strengthen the
participation and trust of citizens, institutions, candidates, and
political parties in the election process. ·
Help the CEP gather,
analyze, and process complaints by candidates or citizens with respect to
the electoral process. ·
The EGC will comprise,
inter alia, representatives of electoral observation missions, of a
national coordination body formed on the basis of experience with
coordinating electoral observation in Haiti, and of civil society
organizations. The OAS Special Mission on Strengthening Democracy in Haiti
will participate in this work as a witness. ·
The EGC will be run jointly
by eminent persons appointed by the Conference of Bishops and the
Protestant Federation of Haiti under the supervision of the President of
the CEP. The
Electoral Guarantees Committee will establish decentralized committees at
the departmental [and communal] level [levels].
[The committees established at the communal level may participate
in the municipal and CASECS deliberations.
They] These
committees will have access to the documents issued by [these] the communities
and will be authorized to investigate the documentation and testimony
concerning the activities of the communes [and] the CASECS, justices of
the peace (juges de paix), policemen and other public officials regarding
electoral matters. [Committees
established at the departmental level will have investigatory power over
state assets and personnel in each district.] The EGC
monitors the performance and conduct of officials during the period from
the signing of the Agreement to after the elections.
Any lapse in impartiality, any breach of this Agreement, the
Constitution, and electoral regulations shall be reported to the EGC,
which shall conduct an investigation.
If a party is found guilty, it recommends sanctions ranging from
reprimand to dismissal, without prejudice to court action. [Should
instances of fraud or grave irregularities be detected in respect of the
Constitution, the electoral law, or this agreement, these departmental and
communal committees will transmit the results of their investigations to
the national Committee. The
EGC may then ask the Government and the Judiciary to take adequate
measures, in particular under Articles 72 and 73 of the Constitution.
The EGC will also transmit the file to the Electoral Observation
Mission (MOE) and the OAS Mission in Port-au-Prince.] The EGC
shall establish a Central Police Surveillance Committee (CCSP) in
consultation with the political parties, civil society, and churches. In the
capital and in departmental and communal districts, the CSPN shall
dispatch, on orders from the CEP authorities, appropriate police troops. In keeping with the chain of command, these troops are
obliged to obey the orders they receive, under threat of prison or
dismissal. These
troops shall be placed under the immediate supervision of the CCSP and its
provincial offices. The
structure and composition of the CCSP shall be determined by the internal
decision of the CEP in conjunction with the political parties, civil
society, and churches. III.
Furtherance of national dialogue aimed at reaching a political
agreement that will strengthen democracy and observance of human rights
and promote economic and social progress.
We are willing to undertake, within 30 days of the signing of this
agreement and with the backing of the Government of Haiti and the OAS
Special Mission on Strengthening Democracy in Haiti, a dialogue among
political parties and civil society organizations aimed at devising and
reaching a political agreement on the following issues: a.
Security for citizens, a justice system, and a police system,
including the establishment of civilian authorities to oversee the police. b.
Consolidation of democracy and of opportunities for participation,
including the strengthening of political parties as social institutions. c.
Human rights. d.
Economic and social development. e.
Governance and transparency.
The Political Agreement should make it possible to establish the
basis for building a state under the rule of law through the strengthening
of security, the institutionalization of democracy, respect for human
rights, promotion of economic and social progress, good governance, and
transparency. IV.
Arrangements for the appointment of the members of the CEP
We agree to the President of the Republic appointing members of the
CEP proposed by the following institutions: 1
representative of Fanmi Lavalas 1
representative of Convergence Démocratique 1
representative of the other political parties 1
representative of the Conference of Bishops 1
representative of reformist sects coordinated by the Protestant Federation
of Haiti 1
representative of the Episcopal Church 1
representative of the Judiciary 1
representative of employers’ organizations coordinated by the Haitian
Chamber of Commerce and Industry (CCIH) 1
representative of human rights organizations coordinated by Justice and
Peace.
In the event that an organization or sector fails to make a choice
by the appointed deadline, the Conference of Bishops, the Protestant
Federation of Haiti, the Episcopal Church, the Judiciary, and the
coordinator for human rights organizations will jointly fill the gap.
Should a member of the CEP resign or be disqualified or unable to
exercise his or her functions, he or she will be replaced by the same body
that made the appointment.
As contemplated in Chapter I, each of the members should be
respected and trusted by all citizens. Before they are appointed,
consultations should be held among the undersigned regarding proposed
appointees in order to check that they have the necessary qualifications. V.
Provisions regarding international cooperation
We also agree to asking the Secretary General of the OAS to strive,
together with member states and CARICOM, to restore normal relations
between Haiti and the international community, including international
financial organizations, inasmuch as progress is made in implementing this
political agreement, in order to achieve a lasting solution to the crisis
triggered by the elections of May 21, 2000 and to help foster the economic
and social development of Haiti. VI.
Follow-up of the present
Agreement a.
Mediation Committee
Within fifteen (15) days following the signing of the Agreement,
two (2) signatory parties agree to appoint from each side three (3)
competent individuals to be part of the Mediation Committee.
These Executive Commissioners of the Accord (CEA) will receive from
those who appointed them the necessary powers to iron out difficulties,
stave off unforeseen circumstances, and facilitate good relations between
the contracting parties. In
particular, they are entrusted with preparing for National Dialogue. b.
Joint Follow-up Committee
A Joint Follow-up Committee made up of members appointed by
civil society, the Conference of Bishops, the Federation of Protestant
Churches of Haiti, human rights organizations, and the OAS Special Mission
on Strengthening Democracy in Haiti, in collaboration with the Electoral
Guarantees Committee (EGC) shall monitor this Agreement.
This Committee shall issue periodic detailed reports on progress
made in implementing this Accord. These
reports serve as reference for the national and international community. VII.
Final provisions
For all matters regarding the implementation schedule, personal
conflicts between party representatives, or the interpretation of all or
part of this Agreement, the two (2) parties recognize dialogue and
friendly settlement as the first means of settling disputes.
In the event of failure, the dispute shall be brought before an
arbitration committee made up of three (3) national experts drawn by lot
from three (3) lists of two (2) presented by the national organizations of
the Follow-up Committee. This
Committee’s conclusions shall be binding on the parties.
It is understood that this Agreement shall lapse in the event of
repeated breaches thereof that are not amicably settled, serious
differences that remain unsolved, and the avowed refusal to apply the
arbitrators’ conclusions.
This Initial Accord, as necessary, may be the subject of simple
amendments. These amendments
shall then become an integral part of the text as a whole. Signed at Port-au-Prince,
on Fanmi
Lavalas
Convergence Démocratique WITNESSES:
Conference of Bishops
Federation of Protestant Churches of Haiti
Initiative de la Société Civile or
Chamber of Commerce and Industry
Fondation Nouvelle Haiti
Center
for Free Enterprise and Democracy
Organization of American States
Caribbean Community European Union
Dean of the Diplomatic Corps
Canada
France
United States of America
Dominican Republic or Chile Seen and approved by the Government of Haiti 1.
This Mission was established in accordance with CP/RES. 772 of
August 4, 2000, to facilitate a resolution of the difficulties that
arose from the May 21, 2000 legislative elections in Haiti.
It is separate from the OAS Special Mission for Strengthening
Democracy in Haiti, which was established by CP/RES. 806 of January
16, 2002 corr. 1. 2.
CP/RES.
806 also called for the establishment of a Special Mission (paragraph
3) and the resumption of “… OAS-sponsored negotiations as a matter
of urgency…” (Paragraph 7). Though
recognized in AG/RES. 1841 (XXXII-O/02), CP/RES. 806 was not referred
to as a precondition to a negotiated agreement. 3.
In
CP/doc.3609/02 corr. 1, dated May 21, 2002, the General Secretariat
reported on the composition of the Commission of Inquiry and the
Advisory Council and on their respective terms of references. [4].
Amendments to the initial document. | |