FIRST INTERIM REPORT ON THE IMPLEMENTATION
OF THE PERMANENT COUNCIL RESOLUTION CP/RES. 806 (1302/02)
ON THE SITUATION IN HAITI

INTRODUCTION

On January 16, 2002, the Permanent Council of the Organization of American States convened in Special Session to consider the deterioration of the security situation and spiral of violence in Haiti, following an armed attack on the National Palace in Port-au-Prince, during the early hours of December 17, 2001.

Member States expressed serious concerns about the challenges to law and order in the country and reaffirmed expressly, unequivocally and unanimously, that negotiation was the only instrument to achieve a peaceful solution to the crisis which arose from inconclusive legislative, municipal and local elections in May 2000.

The Permanent Council approved CP/RES. 806 (1303/02) entitled "The Situation in Haiti" which provided a new mandate to the Secretary General of the Organization. The scope of the resolution is to create propitious conditions for negotiations. Essential constituents of the resolution call for:

- Completion of a thorough, independent inquiry into the events related to December 17, 2001;

- Reparations for organizations and individuals who suffered damages as a direct result of the violence of that date;

- Establishment of an OAS Mission for strengthening democracy in Haiti.

The Secretary General and the Assistant Secretary General of the OAS have worked closely with the Member States, especially CARICOM and the Group of Friends, to implement the Permanent Council mandate. They have also obtained critical financial support and pledges of support from many of those states, Permanent Observers, international organizations and international financial institutions.

This report is submitted in fulfillment of a requirement of CP/RES. 806 that the Secretary General should provide an interim report to the Permanent Council on the implementation of the resolution.

CONSULTATIONS AT HEADQUARTERS

Following the adoption of Resolution 806 by the Permanent Council, the OAS Secretary General and the Assistant Secretary General began consultations with representatives of the Group of Friends, the Ambassador of Haiti to the OAS and President Aristide on the implementation of the resolution. In that context, the OAS General Secretariat invited Convergence Démocratique to Washington D.C, January 31-February 1, 2002, for discussions with OAS officials. The Convergence Démocratique delegation consisted of Messrs. Victor Benoit, Paul Denis and José Nicolas. They met with the Secretary General, the Assistant Secretary General and the Executive Secretary of the Inter-American Commission on Human Rights.

The delegation was especially concerned about escalating violence and a general deterioration in the security conditions in the country. They discussed the damage to property and other detriment suffered by the leadership of the opposition as a result of the violence on December 17, 2001, which continued for several days after.

They were advised of the deliberations of the Permanent Council of the Organization on the matter and the salient provisions of Resolution 806 which could create a momentum toward a positive resolution of the crisis:

- The Government of Haiti had a central responsibility to conduct an independent inquiry that is free, fair and open while respecting Haitian sovereignty and institutions.

- Payment of reparations to all victims, including the families of the police officers who lost their lives in the attack on the National Palace.

- Resumption of negotiations to achieve a consensual solution to the crisis.

- Deployment of the Special Mission to help strengthen democracy and Haiti's democratic institutions.

It was emphasized to the delegation that the OAS did not seek to create new problems or pressures through the inquiry or the Special Mission, but to help the Haitian State to discharge its obligations.

The Secretariat held consultations concurrently at headquarters with the Ambassador of Haiti to the OAS, Raymond Valcin, on the arrangements to constitute a Commission of Inquiry, a Council on Reparations, and the administrative and political issues relating to the deployment of the Special Mission in Haiti.

THE CARICOM HEADS OF GOVERNMENT

CARICOM, whose Member States are deeply affected by the Haitian crisis, dispatched a Special Mission to Haiti, which took place January 28-31, 2002 under the leadership of the Hon. Julian R. Hunte, Minister of External Affairs of St. Lucia. The purpose of the visit was to assess the situation and report to the Thirteenth Inter-Sessional Meeting of the Conference of CARICOM Heads of Government, on its findings.

At that Meeting which was held in Belize, February 4-5, 2002, the leaders accepted the report of the Special Mission and adopted the following initiatives, among others:

- Called for the establishment of an independent, international Commission of Inquiry into the events of December 17, 2001;

- Urged the international community to release funds to Haiti on the basis of CARICOM's assessment of the political dynamic in Haiti;

- Endorsed provisions of CP/RES. 806, which requested an on-site visit to Haiti by the Inter-American Commission on Human Rights;

- Called on the political parties in Haiti to resume negotiations and sign an Accord to resolve the political impasse.

Secretary General Gaviria attended the Summit of CARICOM and Central American Countries, which followed the Conference of CARICOM Heads on February 5, 2002, and in accordance with paragraph 8 of Resolution 806, availed himself of the opportunity to consult with the leaders of CARICOM on the situation in Haiti.

MISSION PROPOSAL

CP/RES. 806 (1303/02) of January 16, 2002, mandated the Secretary General:

To accompany the Government of Haiti's interest and willingness to work jointly with the international community to find a solution to the current political crisis by establishing an OAS Mission, in accordance with AG/RES. 1831 (XXX-O1/01) of the General Assembly of the OAS, to work in the spirit of the OAS Charter and the Inter-American Democratic Charter.

On February 12, 2002, the Secretary General presented to the Group of Friends a document entitled: Special OAS Mission for Strengthening Democracy in Haiti. The document described the initial approach of the OAS General Secretariat for the mandate and activities of the Special Mission. It was not comprehensively designed to respond to the full range or scope of Haiti's multiple needs and interests but provided the basis for the Secretary General's appeal for funding for the Mission.

It outlined the background and sequel of OAS efforts to resolve, through dialogue and negotiation, the ongoing political crisis in Haiti. The document made provisions for 15 professional technical staff and appropriate support staff to administer programs within four components - Security, Justice, Human Rights and Governance. The goals and objectives within each component are outlined in pages 13-17 of the document which forms part of this report, as Appendix 1.

FURTHER CONSULTATIONS WITH CARICOM

The Assistant Secretary General left Washington, D.C. on February 23, 2002 to visit Haiti. He was accompanied by his Chief of Staff, Sandra Honoré and Advisor, Denneth Modeste. That evening, he met in Miami with a CARICOM delegation comprising the Hon. Julian R. Hunte, Foreign Minister of St. Lucia, Mr. Edwin Carrington, CARICOM Secretary General and Ms. Charmaine Atkinson-Jordan, to continue the consultations and collaboration on Haiti.

Ambassador Einaudi advised the CARICOM delegation that the objective of his visit to Haiti was not to resume the political negotiations but to negotiate a framework agreement with the Haitian authorities on the Special Mission and to get agreement on the terms of reference for the Commission of Inquiry and a tripartite Commission on Reparations. He advised that by so doing he would begin the process of creating a climate conducive to negotiations.

The CARICOM delegation expressed the view that the policy of the international community in relation to Haiti was inconsistent and counter-productive in withholding assistance; nevertheless, it agreed with the OAS that an inquiry into the incidents of December 17, 2001 was necessary. The CARICOM delegation emphasized the attributes of international and independent, for the Commission of Inquiry.

The two delegations did an analysis of things to be done over the next few months and developed a sense of a calendar to serve as a point of reference. Emphasis was placed on the inquiry, the deployment of the Special Mission and resumption of the negotiations.

VISIT TO THE DOMINICAN REPUBLIC

Following the consultations with CARICOM, the Assistant Secretary General travelled to the Dominican Republic (which shares the island of Hispaniola with Haïti) where he was scheduled to deliver a lecture at the Pontífica Universidad Católica Madre y Maestra on " The Interamerican Democratic Charter and the Role of the Organisation of American States in the Resolution of Political Conflicts" on March 26, 2002.

The Assistant Secretary General took the opportunity of his presence in the Dominican Republic to learn from President Hipólito Mejía, Vice President Milagros Ortíz Bosch and Foreign Minister Hugo Tolentino Dipp of bilateral initiatives being undertaken by both governments. He also discussed with the Dominican Republic leadership the work being undertaken by the Organization in keeping with Resolution 806. The Assistant Secretary General found much determined support for a resolution of the Haitian crisis among the Dominican Republic leadership and a firm disposition to support the OAS' efforts in respect of the neighboring Republic.

COLLABORATION OF THE HAITIAN GOVERNMENT

The Assistant Secretary General then proceeded to Haiti, where he was joined by Ambassador Sonia Johnny, Permanent Representative of St. Lucia to the OAS. They held extensive discussions on the main elements of Resolution 806 and its implementation, with President Aristide, representatives of Fanmi Lavalas, the Group of Friends on Haiti, Convergence Démocratique, Civil Society and the Roman Catholic Church. They met also with the Ministers of Foreign Affairs and Justice.

The delegation received full and effective collaboration of the Government of Haiti which enabled the OAS to begin to organize the Special Mission. Ambassador Einaudi and Haiti's Foreign Minister, Joseph Philippe Antonio, signed on March 1, 2002, an agreement on the Special Mission, having for its object, the establishment of the legal framework for the presence and work of the mission in Haiti.

To avoid any difficulties of interpretation and application of the provisions of CP/RES. 806 in relation to the inquiry into the incidents of December 17, 2001, Ambassador Einaudi sought and obtained the verbal commitment of the Minister of Justice and the President on the character of the inquiry to ensure that it was conducted within the ambit of the resolution and the declaration of the Heads of Government of CARICOM.

The Assistant Secretary General framed the issue of the inquiry as follows:

a. Three prominent jurists drawn from OAS member states would constitute an independent Commission of Inquiry.

b. The Commission would not come within the purview of the local judicial authorities but would have the full support of the Haitian State.

c. The purpose of the Commission was fact-finding, without prosecutorial authority separate from that of the Government of Haiti.

d. It would submit an independent report to the Secretary General of the OAS and the Government of Haiti on its findings of fact, with appropriate recommendations, based on those facts, to be acted upon by the Haitian authorities.

The Secretariat has subsequently identified, consulted with and received acceptance from three jurists of some standing within the Inter-American System to constitute the Commission of Inquiry.

The delegation also received the agreement of the President and the Minister of Justice on the creation of a tripartite Advisory Council on Reparations. The Council shall be constituted by a representative of the government, one drawn from private sector institutions in Haiti and a third designated by the Secretary General of the OAS.

The Council shall advise the Ministerial Commission established by the Government of Haiti on reparations for organizations and individuals who suffered damages as a direct result of the violence of December 17, 2001 and subsequent days.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Paragraph 11 of CP/RES. 806 asked the Inter-American Commission on Human Rights (IACHR) "within its area of competence, to undertake an on-site visit to Haiti to consult with civil society, political parties, and the Government of Haiti in order to analyze and report on current conditions and the events related to December 17, 2001." The Government of Haiti, pursuant to paragraph 4(f) of the Resolution, transmitted officially on January 23, 2002 an invitation to the Inter-American Commission on Human Rights to conduct the on-site visit.

The IACHR sent a preparatory delegation to Haiti, February 19-22, 2002 comprised of two of its officials: Dr. Raquel Poitevien-Cabral, Human Rights Specialist within the Executive Secretariat and Dr. Debora Benchoam, Attorney of the Bureau of the Rapporteur for Freedom of Expression. The aim of the visit was to gather preliminary information on the human rights situation in the country and to conduct a preliminary evaluation for the on-site visit, which the Commission will carry out. The delegation met with all the sectors of Haitian society. The Haitian Government provided the delegation with all possible assistance and cooperation and allowed free and safe access to Haitian civil society, including the press and opposition parties in accordance with paragraph 12 of Resolution 806.

During the 114^th period of Regular Sessions of the Inter-American Commission on Human Rights held between February 25 and March 15, 2002, the Commission held a plenary hearing on the human rights situation in Haiti and received an oral report on the results of the visit of February 19-22, 2002 by the Preparatory Mission. The IACHR agreed to cooperate with the OAS Mission that will be established in Haiti, in accordance with AG/RES. 1831 (XXXI-O/01) and to devise different options for action within the mandate and jurisdiction of the IACHR.

In pursuance of that objective, the Commission decided to send to Haiti within the coming weeks, a delegation headed by Dr. Clare Kamau Roberts, a member of the Commission who has been designated the Rapporteur for Haiti.

FINANCIAL AND OTHER SUPPORT FOR THE MISSION

The OAS General Secretariat has already received an initial generous contribution of $500,000 from the United States and 10,000 pounds sterling from the United Kingdom to begin the process of constituting and deploying the mission. It has also received indications and pledges of support from other Member States and Permanent Observers. The General Secretariat expresses its gratitude for the broad and prompt support received to date. All offers of support are listed as Appendix 2 to this report.

On March 5, 2002, the Secretary General and the Assistant Secretary General held discussions with Mr. James Wolfensohn, President of the World Bank on the possibility of that institution's collaboration with the OAS in the attainment of its objectives in Haiti. On the basis of the discussions, the World Bank has decided to provide a grant facility to the OAS for a number of programs of the Special Mission that are consonant with the objectives, plans and strategy of the OAS, under the rubric of justice and governance.

The amount of the grant is yet to be determined; however, officials of the two institutions will meet during April 2002 to define and develop initiatives for collaboration within the parameters specified by the World Bank and the provisions of paragraph 6 of CP/RES. 806.

On March 26, 2002, the Inter-American Development Bank (IDB) advised the General Secretariat that it welcomed the chance to work more closely with the OAS and others on Haiti and that it had instructed its Country Office in Port-au-Prince to support the work of the Special Mission.

ADMINISTRATIVE ARRANGEMENTS

The quantity and quality of the products of the Special Mission will be determined in large part by the quality of the persons selected to advance its work and the administrative mechanisms put in place within Haiti to ensure Haitian "buy-in" and ownership of those products.

Mission Head

On the basis of consultations with Member States of the OAS, the General Secretariat has selected as Head of Mission a senior professional of stature, demonstrated competence and a wide array of experience in diplomacy and social and economic development, whose fairness, cogent analysis and dispassionate and balanced approach to the task ahead will help to guarantee positive results.

Mission Personnel

The General Secretariat has begun the process of selecting the fifteen members who will staff the Special Mission. The response to its appeal for candidates has been overwhelming. The members will be persons of professional standing with an analytical insight and proven experience in one of the components of the Mission.

Counterpart

The OAS has received effective cooperation from the Government of Haiti in its attempts to put together the Special Mission and to obtain agreement on the terms of reference for the Commission of Inquiry and the Advisory Council on Reparations. The Government has also pledged a financial contribution to the Special Mission and provided the General Secretariat with ideas on a number of critical needs, the satisfaction of which ranks high in its order of priorities. This manifestation of political will and support for the mission is indispensable to achieve concrete results and ensure long-term success.

President Aristide has already indicated to the OAS Assistant Secretary General his agreement to the need for the establishment of a recognized and respected point of contact within the Office of the Prime Minister to serve as the principal interface for the Mission. This will clearly demonstrate the authority of the office which will provide mutual support and operational cooperation between the government and the Mission and ensure the necessary coordination that will be required with the many different components of the Government of Haiti.

CONDITIONS FOR NEGOTIATIONS

The tenor of CP/RES. 806 is the restoration, through a series of decisive measures by the Government of Haiti, of "a climate of security that is a necessary condition for resuming OAS-sponsored negotiations …" The Special Mission will not have a negotiating mandate. The Secretary General and the Assistant Secretary General, through the Special Representative of the Secretary General in Port-au-Prince, will spearhead this effort, in collaboration with CARICOM and with the support of the Group of Friends on Haiti. The resolution places responsibility "on all political parties, with the support of civil society and other relevant institutions in Haiti," to help create those enabling conditions for negotiations, "with a view to reaching an agreement to resolve the political crisis."

In this regard, the new Prime Minister's language of openness and his expressed commitment to negotiations are encouraging and reassuring. More commendable is the recent arrest of some individuals who have been implicated in serious criminal activities, to face justice. Having political party operatives submit to the rule of law is a major act of political and moral courage. Such bold gestures will serve as a deterrent to violations of human rights, inspire confidence in the government and will contribute immensely to the creation of a climate of security in the country.

The advantage of power includes the exercise of restraint and forbearance. In this context, the OAS wishes to commend the government for its display of tolerance in handling the assembly of the Convergence Démocratique on Friday, March 22, 2002. Likewise, the opposition should be praised for its avoidance of provocation. The OAS has held consistently, that the comportment of the politicians will open the way to peace and stability in Haiti.

On March 15, 2002, President Aristide appointed Mr. Yvon Neptune, former President of the Senate, as the new Prime Minister, and a new Council of Ministers has been constituted, including Mr. Marc L. Bazin as Minister without Portfolio to facilitate improved conditions for negotiations.

CONCLUSION

The strategy of the OAS in the implementation of the resolution is to deploy the Special Mission, as funds become available, beginning with the jurists to conduct the inquiry. It is hoped that by the end of April 2002 the Mission would be fully deployed and the Advisory Council on Reparations would have completed its work. Such concrete and substantial progress should facilitate the signing of the Initial Accord. This achievement could form the basis of a Second Interim Report to the Permanent Council by May 1, 2002, which would coincide with the meeting of the CARICOM Council for Foreign and Community Relations, which is scheduled to be held May 4-6, 2002. It is hoped that the full report to the Thirty-second General Assembly on the implementation of the Resolution could reflect the attainment of the main goals and objectives outlined therein, including the completion of the inquiry, the work on reparations and the resolution of the political crisis.

The OAS expects the Special Mission to make a major contribution to help the people of Haiti to fulfill their aspirations in peace. It is a modest mission by recent standards; however, it will not start anew. It should constitute a critical retrieval of past experiences in Haiti which could be applied to the present problems. With political will to effect meaningful change, demonstrated in part by the appropriate administrative machinery to implement the measures mutually agreed upon by the Mission and the local authorities, the results of our collaboration could be far-reaching.

30 March 2002

SPECIAL OAS MISSION FOR STRENGTHENING DEMOCRACY IN HAITI

Background

In the summer of 2000, the Organization of American States initiated a process of dialogue and negotiation to resolve the political crisis stemming from deficiencies and irregularities of the legislative, municipal and local elections in Haiti of May 21, 2000, and to promote reconciliation among the political actors in the country. OAS Permanent Council resolutions CP/RES. 772 (1247/00), of August 4, 2000; and CP/RES. 786 (1267/01) corr.1, of March 14, 2001, as well as General Assembly resolution AG/RES. 1831 (XXXI-O/01), “Support for Democracy in Haiti”, of June 6, 2001, provide the mandates under which the Secretary General and Assistant Secretary General have been working with CARICOM and with the Group of Friends of Haiti to find a solution to the political crisis.

On January 15, 2002 a Special Session of the Permanent Council was convened to consider the situation in Haiti following an armed attack on the National Palace and ensuing violence in which the homes of several opposition leaders and the offices of Convergence Democratique and three of its constituent parties were destroyed by fire. The Council approved CP/RES. 806 (1303/02) Corr. 1 which contains a provision for a mission to Haiti:

To accompany the Government of Haiti's interest and willingness to work jointly with the international community to find a solution to the current political crisis by establishing an OAS Mission, in accordance with AG/RES. 1831 (XXXI-O/01) of the General Assembly of the OAS, to work in the spirit of the OAS Charter and the Inter-American Democratic Charter.

The approach of the OAS for the implementation of AG/RES. 1831 is to broker an initial accord on a consensual formula for the composition of a credible, neutral and independent electoral council, its mandate and a number of measures to create an enabling environment for credible elections. This will be followed by a global accord encompassing other critical issues, including good governance, human rights and the social and economic development of Haiti. Two issues remain to be settled in the draft of the Initial Accord.

This paper outlines what the Special Mission might accomplish, and provides an illustrative budget for its operation.

Learning From Past Experience

In 1992, the OAS established a human rights field mission in Haiti to observe the human rights situation under the de facto regime. In 1993, in partnership with the United Nations, the OAS established the International Civilian Mission in Haiti (MICIVIH, by its French acronym). The initial mandate of the MICIVIH focused on the promotion and defence of human rights and support for the consolidation of democracy. After the return of constitutional order, the mandate of the MICIVIH was expanded to specifically add a democratic institution-building component, an effort which proved elusive.

The lessons learned from past OAS programs as well as other experiences make clear that any international attempt to facilitate dialogue in Haiti must provide for Haitian ownership and leadership in defining the agenda, choosing interlocutors and official representatives, and deciding the pace and timing of their decisions. A key aspect of being able to facilitate productive exchanges between actors in conflict is to ensure that all parties possess the necessary knowledge, skills and attitudes to participate effectively in the dialogue process. The international community has often overlooked this need for national ownership and responsibility when attempting to support the democratization process in Haiti.

Mandate and Implementation

With the special object of finding "a solution to the current political crisis," CP/RES. 806 outlines the mandate of the new OAS mission as follows:

- To investigate and assess the situation.

- To support the Government of Haiti, Haitian civil society and democratic political parties … to strengthen the Haitian democratic institutions.

- To monitor events in Haiti, including:

a. Respect for the essential elements of representative democracy and;

b. Compliance with any accords that may result from OAS-sponsored negotiations.

The OAS will implement this new mandate within the ambit of the draft Initial Accord. The modus operandi will be as follows:

a. Begin to deploy the mission, as funds become available, in accordance with the framework agreement on the Mission between the Government of Haiti and the General Secretariat of the OAS, (attached as Appendix 1).

b. The Mission will conduct a thorough independent inquiry into the incidents which occurred on December 17, 2001 (the terms of reference for the independent inquiry are attached as Appendix 2). A Tripartite Council on Reparations will be established, pursuant to paragraph 4 (d) of Permanent Council Resolution CP/RES.806. The Tripartite Council will be composed of a member of the Special OAS Mission, a representative of the Government of Haiti, and a representative chosen from private sector institutions and the Churches (the terms of reference for the Tripartite Council on Reparations are attached as Appendix 3).

c. The Secretary General and the Assistant Secretary General will attempt to conclude the negotiations on the two outstanding issues of the Draft Initial Accord, "as soon as conditions are conducive to discussions."

Dialogue

In accordance with AG/RES. 1831 (XXX-O/01), the Secretary General and the Assistant Secretary General started a process to conclude "a broad-based agreement among the Government of Haiti, political parties, civil society and other relevant institutions of Haitian society…"

The OAS believes that it is critical for the negotiations to resume in an environment that is conducive to a successful conclusion of the Initial Accord. The Secretary-General and the Assistant Secretary-General will continue to lead the process of negotiation, assisted, as appropriate, by the Special Representative of the Secretary General.

The Organization pursued an approach to achieve an initial accord on a number of critical elements to be followed by negotiations to reach a global accord. The main elements of the initial accord are:

- A formula to constitute a credible, neutral and independent Provisional Electoral Council

- The mandate of the Council

- Creation of an enabling environment for credible elections

- Furtherance of national dialogue

- Provisions regarding Haiti's relations with the international community

The OAS believes that the elements that are already agreed in the draft initial accord should be respected, even in the absence of an agreement.

Fanmi Lavalas and Convergence Démocratique have, in addition, committed themselves already in the draft initial accord to begin dialogue among political parties and civil society within thirty days of the signing of the initial accord. The stated objective of this broad-based dialogue is to reach 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.

Components of the Mission

In fulfillment of the mandate of the Permanent Council, and in pursuance of the consensus reached at this point in the OAS-sponsored negotiations, the Secretary General has assigned the following four components to the mission:

a. Security

b. Justice

c. Human Rights

d. Democratic Development, Governance and Institution-Building

APPENDIX 1

SPECIAL OAS MISSION FOR STRENGTHENING DEMOCRACY IN HAITI

SPECIAL OAS MISSION FOR STRENGTHENING DEMOCRACY IN HAITI

Learning From Past Experience

Mandate and Implementation

Dialogue

Components of the Mission