OEA/Ser.G
CP/doc.3419/01 corr. 2
13 March 2001
Original: English
THIRD
REPORT OF THE MISSION
OF THE ORGANIZATION OF AMERICAN STATES TO HAITI
Visit of the Assistant Secretary General to Haiti
February 6 - 10, 2001
THIRD REPORT OF THE MISSION
OF THE ORGANIZATION OF AMERICAN STATES TO HAITI
Visit of the Assistant Secretary General to Haiti
February 6 - 10, 2001
C O N T E N T S
I. SUMMARY INTRODUCTION............................................................................................. 1
II.
THE
OAS AND HAITI’S ELECTIONS IN 2000.................................................................... 1
III.
THE
SEARCH FOR OPENINGS........................................................................................... 2
IV.
CONCLUSION: CREATING A NEW DYNAMIC BETWEEN HAITI
AND THE INTERNATIONAL COMMUNITY..................................................................... 7
APPENDIX I....................................................................................................................... 9
APPENDIX II.................................................................................................................... 13
APPENDIX
III................................................................................................................... 17
APPENDIX IV................................................................................................................... 21
THIRD REPORT OF THE MISSION
OF THE ORGANIZATION OF AMERICAN STATES TO HAITI
VISIT OF THE ASSISTANT
SECRETARY GENERAL TO HAITI
February 6-10, 2001
I.
SUMMARY
INTRODUCTION
This report is submitted
following an oral report made by the Assistant Secretary General to the
Permanent Council on February 28, 2001.
It covers the February 6-10, 2001 visit which the Assistant Secretary
General paid to Haiti on the occasion of the assumption of office of President
Jean Bertrand Aristide and subsequent developments. Its purpose is to provide information that will be useful to the
Permanent Council in its consideration of the agenda item on Haiti on March 14,
2001.
II.
THE
OAS AND HAITI’S ELECTIONS IN 2000
At a special meeting held on July 13, 2000, the Permanent Council noted
with concern the conclusions of the Report of the OAS Electoral Observation
Mission which observed the May 21, 2000 legislative, municipal and local
elections held in Haiti to resolve a political impasse which stemmed from
flawed elections three years earlier.
That report had noted that the registration of voters was successful,
despite serious administrative and logistical problems and that on election day
the level of participation and the orderliness of the exercise were notable
achievements. However, major
irregularities following the closure of the polls seriously compromised the
integrity and credibility of the election.
One of the most serious flaws highlighted by the Mission was that the
method of calculation of percentages of votes secured by certain senatorial
candidates was not in accordance with the Constitution and Electoral Law of
Haiti. The Report is contained in
document CP/doc. 3383/00. After the May
21 elections, the opposition parties within the Convergence Démocratique called
for their annulment and for new elections to be held under a new Provisional
Electoral Council, and asked that President Préval resign and that a
provisional government be installed. In
addition, the President of the CEP, M. Léon Manus, left the country after
refusing to validate the final results and was replaced.
The OAS Mission to Haiti
By Resolution CP/RES.772 of
August 4, 2000 the Secretary General was mandated to “identify together with
the Government of Haiti and other sectors of the political community and civil
society, options and recommendations for resolving, as expeditiously as
possible, difficulties such as those which have arisen from differing
interpretations of the electoral law, and for further strengthening democracy
in that country”. In keeping with this
resolution, the Secretary General visited Haiti from 17-20 August 2000. The Assistant Secretary General then visited
Haiti from 15 to 16 September 2000, from 21-29 September 2000 and from 13 to 21
October 2000. The October visit, which
led to face-to-face dialogue for the first time between representatives of
Fanmi Lavalas and the Convergence Démocratique, was suspended on October 20, since
there had not been consensus broad enough to achieve the initial OAS objective,
namely the negotiation of a national accord among all parties that would
resolve the political crisis in a manner that would elicit the support of the
international community. Reports on
these visits are contained in documents CP/doc 3349/00 and 3371/00.
The Elections of November
26, 2000
In
keeping with the timetable established by the Constitution of Haiti, but
without any correction of particular deficiencies identified in the May 21
elections, elections for President and nine Senators took place on November 26,
2000. The candidates for President were
Jean Bertrand Aristide and six members of lesser known Opposition parties and
Independents. Continuing to call for the annulment of the May 21 elections, the
parties comprising the Convergence Démocratique refused to participate in the
November 26 elections which it described as illegal. As was to be expected, M. Jean Bertrand Aristide emerged winner
of the Presidential elections. The
official reporting by the Provisional Electoral Council of a 60% voter turn-out
was contested by the Opposition and by some foreign groups present in Haiti on
that occasion. Of note was the symbolic
presence of a small delegation representing the Caribbean Community (CARICOM)
headed by a former Prime Minister of St. Lucia, Sir John Compton.
The
OAS did not observe the November 26 elections. In a Press Release issued on
November 27, the Organization indicated that the decision of the Haitian
authorities to proceed with the elections on November 26 despite the absence of
the national accord which the Organization had advocated, avoided an
interruption in the timetable for presidential succession established by the
Constitution of Haiti, but did not alter the need to ensure the broad
political representation and citizen participation critical to the development
of Haitian democracy. The OAS also
indicated its readiness, in keeping with its Charter obligations, to assist the
government and the social and political forces of Haiti in their efforts to
strengthen democratic institutions and to contribute to an environment of peace
and security in the country.
III. THE SEARCH FOR OPENINGS
Before
the Assistant Secretary General had suspended the dialogue involving the Fanmi
Lavalas and the Convergence Démocratique on October 20, 2000, he had
distributed a Paper entitled “Elements of Reflection regarding the components
of a National Agreement” on which he had received comments both from the Fanmi
Lavalas and the Convergence Démocratique.
That paper was broadly based and was intended to cover a wide range of
issues vital to the strengthening of democracy in Haiti. Copy thereof is attached as Appendix I.
On
November 9, 2000, the United Nations Secretary General recommended to the UN
General Assembly that in light of the political turmoil and instability in the
country, a renewal of the mandate of the UN International Civilian Support
Mission in Haiti (MICAH) was not advisable and recommended that the Mission be
terminated when its mandate drew to an end on February 6 2001.
Following
a visit to Haiti by U.S. emissaries, President-elect Aristide communicated with
US President Clinton by a letter dated
December 27, 2000 (copy attached at Appendix II) which contained a list of
eight commitments which Mr. Aristide declared his intention to implement.
Although OAS representatives did not participate in these talks, the fifth
commitment referred to: “Strengthen(ing) democratic institutions and protection
of human rights through the establishment of a semi-permanent OAS commission to
facilitate dialogue among Haitian political, civic and business leaders and
through international monitoring of the protection of human rights.” The OAS reiterated the bilateral nature of
these commitments to the Haitian authorities.
The commitments were subsequently presented to the OAS as a basis for
attempts to resolve the political crisis, as will be seen later in this report.
On
January 4, 2001 President Préval wrote the Secretary General inviting him to
attend the February 7, 2001 ceremony marking the inauguration of President
Aristide. This was followed by a visit
to OAS headquarters on January 12 by Prime Minister Jacques Edouard Alexis who
met with the Assistant Secretary General (and by a January 16 letter from
Foreign Minister Longchamp to the Assistant Secretary General inviting him to
attend the assumption of office of the President-elect on February 7).
The Prime Minister advised
on initiatives taken since the October visit to Haiti of the Assistant Secretary
General, to include the appointment of a Commission of Jurists (headed by Me.
Gary Lissade) by the President-elect
“to examine the question of the May 21 elections.” The Prime Minister also referred to the
letter of December 27, 2000 from the President-elect to the President of the
U.S.A. containing the set of eight commitments which the writer was disposed to
implement. The Prime Minister invited
the OAS to send a mission to Haiti to revitalize the dialogue which had been
suspended the previous October, so as to reach a consensus on the pending
issues identified in the document entitled "Elements of reflection
regarding the Components of a National Agreement” which was contained in
CP/doc. 3371/00. The Prime Minister
also raised the possibility of financing for political parties and expressed
the Government’s wish to see the establishment of an OAS Commission in Haiti to
assist with democracy-building in keeping with resolution 772.
Subsequently, in a letter to
the Secretary General dated January 17, 2001, President Préval referred to the
visit of Prime Minister Alexis to the OAS, expressed the conviction that “the
OAS could usefully assist Haiti by accompanying (the country) in its efforts to
consolidate democratic institutions and respect for human rights” and invited
the Organization to begin discussions to this end.
Later, on January 31, 2001,
the Assistant Secretary General received, at their request, a five-member
delegation of members of the Convergence Démocratique who stressed the fact-finding
nature of their visit to Washington.
The delegation also explained that since in their view the November 26
elections were constitutionally illegal, they intended to proceed with the plan
which they had announced in the context of a General Assembly (Etats Généraux)
held in Port-au-Prince on January 27, to ensure the transition process at the
end of President Préval’s mandate on February 7 by appointing a Provisional
Government.
On February 2, the Secretary
General requested the Assistant Secretary General to represent him on the
occasion of the assumption of office of the new President; to use his presence
in Haiti to keep the lines of communication open to all interested parties; and
to assess whether conditions were met for the Secretary General to recommend
other measures which may be deemed necessary to strengthen democracy in Haiti,
in keeping with Resolution 772.
In this connection, some
further detail on the dialogue initiative proposed by members of the country’s
civil society is necessary to understand the context in which the Assistant
Secretary General arrived in Haiti in February 2001.
In mid-January 2001, leading
members of the private sector and civil society took an important initiative
signaling increased willingness on their part to participate in resolving the
country’s political difficulties. Their hope was to conclude a political accord
bridging the Eight point commitment (contained in President-elect
Aristide’s December 27, 2000 letter to U.S. President Clinton) and the Proposal
of the Convergence Démocratique for the Formation of a Provisional Government
as the basis for negotiations. The
immediate objective was to rectify the problems associated with the elections
of 2000 with a view to restoring credibility to the electoral process and to
prevent the crisis from degenerating into further chaos and anarchy. Broader objectives were to protect the
integrity of the political institutions, encourage political pluralism, promote
democratic values and to create a climate conducive to investment and economic
development. It is to be noted that
during the meetings which he held with them in October, 2000 the Assistant
Secretary General had proposed to his civil society interlocutors that they
engage in support of this kind of dialogue.
The participants in the dialogue were the principal protagonists – Fanmi
Lavalas and Convergence Démocratique, a Commission of Facilitation of the Civil
Society Initiative and the Representative of the OAS in Haiti, with the latter
two serving as facilitators.
The principal protagonists
reached understanding on the process of the dialogue in a Protocol which
outlined, inter alia, the objectives of the dialogue and the agenda for
the negotiations. That Protocol was
signed on February 3 by representatives of Fanmi Lavalas and Convergence
Démocratique in the presence of their leaders, members of the Commission of
Facilitation and the diplomatic corps, at the Apostolic Nunciature. The dialogue began at Hotel El Rancho on
February 4, in the presence of national and international observers and
continued at the Apostolic Nunciature, in a climate of mutual mistrust
regarding the motives and intentions of both sides and apprehensions regarding
the motives of the principal facilitators.
The Fanmi Lavalas
representatives tabled the 8 commitments expressed in the December 27, 2000
letter from the incoming President of Haiti to the outgoing President of the
United States of America (and which, as previously indicated, were confirmed
subsequently by Prime Minister Alexis on January 12 and by the Interim
Representative of Haiti to the OAS during a
Permanent Council meeting on January 18, 2001). For their part, the Convergence Démocratique representatives
continued to insist on the annulment of the elections of May 21 and November
26, and on broad powersharing arrangements for the Opposition in the
government. The Convergence
Démocratique presented a 17-point document entitled “Proposed Political Accord
to End the Crisis and Strengthen Democracy” of which a copy is attached at
Appendix III. The dialogue initiative
broke down in the wee hours of the morning of February 6.
February 6
Against this unsettled
background, the Assistant Secretary General arrived in Haiti within hours of
the breakdown of the civil society dialogue initiative on February 6. He met on that day with President-elect
Aristide and with leaders of the civil society groups which had organized the
dialogue initiative. In his meeting
with the Convergence Démocratique, a request was made for the OAS to form part
of “a security shield around the Haitian opposition”. That very day, the Convergence proclaimed Me. Gérard Gourgue
“Provisional President of the Government of Consensus and National Union, whose
mission would be to organize democratic elections in Haiti as soon as
possible”.
February 7 (Inaugural
Events)
The Assistant Secretary
General attended the swearing-in of President Aristide in the Palais
Legislatif; the Te Deum held at the Port-au-Prince cathedral during which Msgr.
Hubert Constant, Bishop of Fort Liberté and President of the Episcopal
Conference of Haiti, delivered a stirring homily outlining the ills besetting
the Haitian society which the Government of the new President had to address;
the cultural performances at the Presidential Palace, following which President
Aristide delivered a Message to the Nation in which he outlined his development
plans for stability and economic improvement, extended “an olive branch to the
Opposition” and committed to be “the
President of all Haitians, without exception.” A copy of this statement was circulated to OAS member states at
the request of the Permanent Mission of Haiti to the OAS in document CP/INF.
4480/01.
The inaugural events
provided an opportunity for wide contacts with foreign representatives to the
inauguration events, including those of CARICOM, whose delegation was led by
the Hon. Said Musa, Prime Minister of Belize and included the Assistant Secretary
General of the CARICOM Secretariat; special representatives of OAS member
states, with particular reference to those of Brazil, the Dominican Republic,
Guatemala, Jamaica, Mexico and Panama; a delegation from Taiwan and with the
former President of Venezuela, Carlos Andres Perez.
A meeting was also held that
evening with the Apostolic Nuncio (Msgr. Luigi Bonazzi), the Archbishop of
Port-au-Prince (Archbishop Serge Miot), the President of the Episcopal
Conference of Haiti (Msgr. Hubert Constant) and the Representative of the U.N.
Secretary General (Ambassador Alfredo Cabral).
February 8 –9
During this two-day period, the Assistant Secretary General attended a
meeting hosted by the Ambassador of France with the representatives of the
United Nations’ Secretary General’s Group of Friends of Haiti, the Ambassadors
of Argentina, Chile, France, Germany, Venezuela, and of the United States of
America, the Counsellor of the Embassy of Canada and the Representatives of the
United Nations Secretary General and of the United Nations Development Program.
He met with business leaders, with representatives of the civil society
dialogue initiative and with other concerned citizens. He had a working dinner with leaders of the
Convergence Démocratique who echoed their continuing scepticism concerning the
intentions of President Aristide and the Fanmi Lavalas party, referred to
growing incidents of violence against opposition sympathizers, particularly in
the countryside, and who expressed the view that widespread repression would
now be visited upon all those who opposed the party in power.
The Assistant Secretary General met with President Aristide and
Ambassador Joseph Philippe Antonio (whom the President introduced as the future
Foreign Minister). The President emphasized
his personal desire for dialogue and his determination to implement the 8
commitments, including the strengthening of democratic institutions and
protection of human rights through the creation of an OAS commission to
facilitate dialogue among Haitian political, civic and business leaders. The President gave some indications as to
the persons to be appointed Prime Minister (Jean Marie Chérestal) and Inspector
General of the Police.
February 10
Before his departure, the Assistant Secretary General attended a
meeting hosted by the Ambassador of Argentina with the representatives of the
United Nations’ Secretary General’s Group of Friends of Haiti. Concern was expressed that the UN
International Civilian Support Mission in Haiti (MICAH) had officially come to
an end and that the Secretary General’s Representative had departed on February
8.
Some developments since
February 10, 2001
In New York, USA
On February 12, 2001 the
United Nations Security Council issued a statement taking note of the end of
the mandate of MICAH and calling upon the agencies, funds and programmes of the
United Nations, particularly the UNDP to continue to work in close
collaboration with the Haitian authorities in order to restructure the police
and the justice system and strenghthen human rights. The Security Council also “encouraged the OAS, and particularly
its Secretary General, to continue to identify options and recommendations
aimed at resolving the current political situation”.
In
Bridgetown, Barbados
On February 16, 2001
President Aristide addressed the XII Intersessional Meeting of the Conference
of Heads of Government of CARICOM held in Barbados. He assured the Heads of his desire to dialogue with the
Opposition in finding a solution to the crisis, of his intention to move
towards an open broad-based government to best serve the needs and interests of
all Haitians and of his support for the commitments made by his predecessor in
a communication to the then Chairman of the CARICOM Conference, confirming the
terms and conditions of Haiti’s accession to full membership of CARICOM. He acknowledged, significantly, that “Haiti
must pass through negotiations to dissipate the political tensions and trigger
the release of international funds which can put in motion our economic policy
outlined on February 7 ”.
In Washington, D.C., USA
The OAS has continued to
consult widely on the current Haitian situation both within Haiti and beyond,
to include Brazil, Canada, the United States, Uruguay, France, CARICOM, the
European Union and the United Nations. An informal meeting with representatives
of the UN Secretary General’s Group of Friends of Haiti and others, including
CARICOM, as well as the Haitian Permanent Mission to the OAS, was held at OAS
Headquarters on February 21.
In Haiti
The new Aristide government
has moved from words to action on several matters central to the political
crisis. On the basis of the report of
the Lissade Commission (whose Chair had conveyed to the Assistant Secretary
General in February that the Commission had relied heavily on the OAS Electoral
Observation Mission Report on the May 21, 2000 Elections) the “voluntary
withdrawal of five contested senators of the Fanmi Lavalas party and one
independent senator from participation in the work of the Senate in order to
facilitate a solution to the crisis” was announced in mid-February.
The entire membership of the
CEP has tendered its resignation and a new CEP has been appointed. It is
regrettable that these appointments appear to have been made without effective
consultation with the Convergence Démocratique. Clearly, the significance of this move will be determined by the
degree of consultation and participation achieved in such matters as the timing
and modalities of anticipated elections, if any.
Prime Minister Chérestal was
confirmed by Haiti’s Parliament on March 1.
The Prime Minister’s Cabinet (a
list provided by the Permanent Mission of Haiti to the OAS is attached at
Appendix IV), which includes persons who are not members of Fanmi Lavalas, was
installed on March 2. It is noted that
the installation ceremony was attended by only one of the Heads of Mission of
the U.N Secretary General’s Group of Friends resident in Haiti, with the others
being represented by junior diplomatic officers.
There have been renewed attempts by civil society to resume the
dialogue between Fanmi Lavalas and Convergence Démocratique.
On February 27, President
Aristide indicated to the Assistant Secretary General that Foreign Minister
Antonio would attend the Permanent Council meeting scheduled for March 14, 2001
to address the Council concerning the possibility of establishing a special OAS
commission to support democracy in Haiti.
Haiti has taken certain definite steps but much more remains to be
done. The steps taken thus far fall short of assuring the strengthening of
democracy in Haiti.
As reported by the Assistant Secretary General in November 2000, the
international community could make important contributions in response to
Haitian efforts to strengthen democracy. Four broad categories of non-economic
issues lend themselves to possible support from the OAS. Those issues are
dialogue, institutional support, security and strengthening democracy and human
rights.
Should an OAS Commission be established, as requested by the Government
of Haiti it would be prudent to focus, at least initially, on fresh steps
related to political dialogue, perhaps using a format similar to the Dialogue
Procedure in Peru involving the government, opposition and civil society, with
OAS observers. Should the dialogue
begin to bear fruit, the OAS would require the collaboration in critical
areas of the United Nations, of the International Financial Institutions and of
individual members of the international community.
The General
Secretariat expects that the Haitian authorities will shortly define their
plans in response to the views and recommendations expressed by the
Organization of American States and the international community and indicate
how the Organization of American States could be of assistance to the country
in attaining the goal of strengthening democracy under these new
circumstances.
For such efforts to succeed,
the support and participation of all concerned, within Haiti as well as outside
of Haiti, will be essential.
APPENDIX I
ORIGINAL: FRENCH
Main
points compiled by the OAS from the discussions among Haitians,
in accordance with the
mandate to formulate options and recommendations
contained in Permanent
Council resolution CP/RES.772 of August 4, 2000
1. Security:
·
The
Executive shall ensure the professional conduct of the police, which is to
provide protection for the elections and electoral activities and avoid all
partisan activity.
·
The
political parties shall contribute to the climate of security by cultivating
tolerance, peace, and mutual respect.
·
The
political parties pledge to refrain from inciting violence and to take measures
among their supporters if they resort to violence.
·
The
Executive shall establish a mechanism for allowing the political parties to
cooperate in helping the police to maintain their neutrality.
2. The issues surrounding the May 21, 2000, elections:
·
The
political parties are responsible for respecting the will of the voters. They
must find a legally defensible political
solution to the disputes resulting from the May
21 elections, in particular, the contested Senate seats.
·
To
find a technical solution, an evaluation committee could be set up to examine
the May 21 elections. This committee would examine the challenges and problems
resulting from different interpretations of the electoral law. The committee
would submit its conclusions as soon as possible to the signatories to the
national agreement.
·
This
mandate could be given to the re-established CEP (see section No. 4).
3. Conditions for the elections scheduled for November 26:
·
The
election for the Presidency and the Senate must be governed by a re-established
CEP (see section No. 4).
·
The
election date could be postponed to beyond November 26 but must guarantee that
a new president will take office on February 7, 2001.
·
The
parties shall encourage the nomination and registration of candidates, while at
the same time avoiding acts contrary to the holding of free, legitimate
elections.
·
Observers
shall have complete access to the CEP and to the polling stations.
·
The
Executive shall provide protection for the elections (see section No. 1:
Security), and pledges to refrain from using public funds and resources for
partisan purposes.
·
All
parties shall have equitable access to the media, including the government
media.
4. Restructuring of the Provisional Electoral Council (CEP):
·
The
CEP shall be composed of representatives of the political parties and of civil
society.
·
The
operational section of the CEP must be changed sufficiently to ensure its
neutrality.
·
The
CEP must have the funds required for holding elections and managing them in a
transparent fashion.
·
The
CEP shall help to fund the electoral activities of recognized political parties
that are presenting candidates for election.
·
The
CEP shall have the power to rule on challenges; its rulings may not be appealed.
5. Measures for strengthening democracy:
·
Freedom
of information, including education, freedom of the press, and the safety of
journalists are prerequisites for a functioning democracy.
·
The
rights and the security of political parties, their leaders, and their
supporters must be explicitly recognized under the law.
·
The
important role played by civil society organizations in participatory democracy
must be explicitly recognized under the law.
·
All
parties pledge to respect government institutions and to work toward their
modernization by making use of the assistance that may be received through
international organizations.
·
The
committee mentioned in section No. 2 above could have a second mandate, namely,
to examine also the new presidential elections and the senatorial elections of
2000 and to recommend reforms and improvements in all aspects of the electoral
process. The committee shall submit a report in one year so as to implement the
reforms prior to the next senatorial elections scheduled for 2002.
·
A
national committee could be established (which could be made up of
representatives of political parties, civil society, the Executive, and the
Court of Cassation), as a meeting point for the different sectors of the
Haitian nation. The national committee will also be the privileged spokesman
for the international community and, in particular, the special OAS mission
(see section No. 6 below).
6. The international community:
·
In
the case of a national agreement, the international community shall examine,
sympathetically and rigorously, its ability to work with Haiti.
·
As
the points contained in the national agreement are implemented and in response
to the proposals made by the signatories to this agreement, the international
community might consider such actions as the following:
§
Establish
a special OAS support mission for democracy in Haiti. This mission would
monitor the implementation of this agreement and could receive challenges and
allegations of violations.
§
Consider
an invitation to provide technical assistance to the electoral process, in
particular, with regard to the functioning of the polling stations.
§
The
international community could send international observers who would have full
access to the CEP and to the polling stations.
§
The
CEP could receive direct support from the international community.
This
document is respectfully presented as a possible starting point for a national
agreement that would allow Haiti and the international community to continue to
make progress together.
Luigi R. Einaudi
Assistant
Secretary General
Port-au-Prince
October 19, 2000
APPENDIX
III
CONVERGENCE DéMOCRATIQUE
Proposed Political Accord to End the Crisis
and Strengthen Democracy
Having seen the political and
institutional crisis stemming from the elections in 2000;
Considering that the polarization of
society threatens to push the country over the edge into violence as of
February 7, 2001;
Aware of the gravity of the
situation and the immeasurable cost the country would pay if the two parties,
for lack of pragmatism, were unable to reconcile their individual interests for
the collective good;
Understanding, after analyzing the facts
and considering the political circumstances, that neither of the two parties
can prevail without jeopardizing the country’s precarious social and political
stability and without losing the support of the international community, which
has become indispensable;
Taking into
account
that the initial proposals of the two parties for ending the crisis are
irreconcilable, and that it is important to find an acceptable compromise for
the good of the Haitian people and that of the two parties; and
Considering that this historic
compromise should not only permit the parties to resolve the political and
institutional crisis but also pave the way for the establishment of democracy
and the rule of law, political and social stability, national reconciliation,
governance, and economic development in Haiti,
Fanmi Lavalas and Convergence Démocratique, the two
main parties to the negotiations sponsored by the Civil Society Facilitating
Committee and the OAS, after numerous discussions, have agreed as follows:
1. The establishment of a government of consensus and national unity (Fanmi Lavalas – Convergence Démocratique – Civil Society) for a period of two years, as follows:
a.
A
three-member presidential council, including Mr. Jean-Bertrand Aristide, for a
term beginning on February 7, 2001, and concluding on February 7, 2003, which
will be sworn in by the Supreme Court.
b.
A prime minister from Convergence Démocratique.
c.
The
prime minister chooses the ministers, in consultation with the presidential
council of the Republic.
d.
The
directors general of the ministries will be chosen by the ministers.
e.
The
departmental delegates and vice delegates will be chosen by agreement between
the presidential council and the prime minister.
2.
The
state can operate for a period of two years on the basis of decrees adopted by
the Council of Ministers and by executive order.
3.
A
budget authorized and adopted by the Council of Ministers.
4.
The
formation of an advisory council to monitor the government and provide a
balance of power, composed of representatives of civil society and of parties
that participated in the elections of 2000.
5.
The
administration of the territorial communities
a.
The
municipal transition committees (Fanmi Lavalas – Convergence Démocratique –
Civil Society) will remain in office until the next election.
b.
The
CASEC transition committees (Fanmi Lavalas – Convergence Démocratique – Civil
Society) will remain in office until the next election.
c.
The
activities of the ASECs and the municipal delegates will be suspended until the
next election.
6.
The
ambasssadors and the consuls general will be chosen by agreement between the
presidential council and the prime minister.
7.
The
directors general of autonomous organizations and the administrative councils
will be chosen by agreement between the presidential council and the prime
minister.
8.
The
formation of an independent electoral institution
a.
A
new, independent Provisional Electoral Council formed by consensus.
b.
Independent
BEDs, BECs, BIs, and BVs, formed by consensus.
c.
Efforts
to secure assistance for the CEP from the international community.
9. The organization of new elections
a. For territorial elections, within a year or less.
b. For legislative and presidential elections, within two
years.
10. The National Police
a. The Director General,
Commander-in-Chief, and Inspector General of Police will be chosen by agreement
between the presidential council and the prime minister.
b. International support to the Haitian
National Police (PNH) in their professionalization and their public security
functions.
11. Promotion and observance of human rights
a. Foster the observance of human rights,
helping Haitian human rights organizations to perform their monitoring and
recommendation functions.
b. Strengthen the effectiveness of the Citizen Protection
Office.
c. Open an office of the United Nations
High Commissioner for Human Rights and of the Inter-American Commission on
Human Rights.
12. Institution-building assistance for political parties
a. Establish rules to govern political party financing.
b. Guarantee the security of political
parties so they may firmly establish themselves.
13. National assemblies, to be held within a year or less, for the purpose of arriving at a national pact, the “Bicentennial Pact,” the conclusions of which shall be binding. The efforts of these assemblies will center on:
a. Ways, means, and activities to ensure
pluralism, alternation, political stability, and governance in the country.
b. Ways, means, and activities to ensure
that the social and economic situation is addressed and to arrest environmental
degradation.
14. Resumption of dialogue with providers of bilateral and
multilateral funds to secure financial support during the interim period and to
free available funds as expeditiously as possible.
15. Negotiate, with interested countries, a convention on the
immigration of Haitians, taking into account the interests of the immigrants
and of their host countries.
16. Negotiate, with interested countries, conventions on the
fight against drug trafficking and the laundering of assets, and ensure their
effective application.
17. The formation of a group to monitor the application of the
Fanmi Lavalas – Convergence Démocratique Accord. This group, composed of representatives of civil society, the UN,
and the OAS, will be charged with monitoring application of the Accord in
keeping with objectively verifiable indicators (IOV).
APPENDIX
IV
Composition of the
Aristide-Chérestal Government
President of the Republic H.E. Jean-Bertrand
Aristide
Prime Minister H.E.
Jean Marie Chérestal
Ministers:
Minister
of Foreign Affairs and Worship H.E.
Joseph Philippe Antonio
CP08016E01
Minister
of Haitians Residing Abroad Mr.
Leslie Voltaire
Minister
of the Economy and Finance Mr.
Faubert Gustave
Minister
of Planning and External Cooperation Mr.
Marc Louis Bazin
Minister
of Commerce and Industry Mr.
Stanley Théard
Minister
of National Education Mr.
Gaston Georges Mérisier
Minister
of Justice Mr.
Gary Lissade
Minister
of Culture and Communications Mr.
Guy Paul
Minister
of Agriculture and Natural Resources Mr.
Sébastien Hilaire
Minister
of Public Works, Transport and
Communications Mr.
Ernst Laraque
Minister
of Public Administration Mr.
Webster Pierre
Minister
of the Interior and Local Government Mr.
Henri-Claude Ménard
Minister
of Social Affairs Mr.
Eudes St. Preux Craan
Minister
of Tourism Mrs.
Martine Deverson
Minister
of Women's Affairs Mrs.
Ginette Rivière Lubin
Minister
of Public Health and Community
Development Dr.
Claude Voltaire
Secretaries
of State
Secretary
of State for Literacy Mrs.
Maryse Guiteau
Secretary
of State for Youth and Sports Mr.
Hermann Nau
Secretary
of State for Finance Mr.
Jocelerme Privert