OEA/Ser.G
CP/doc.3625/02
17 July 2002
Original: French/English

 

SIXTH REPORT OF THE MISSION OF THE
ORGANIZATION OF AMERICAN STATES TO HAITI
[1]
/

 

(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.

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