FIFTH REPORT ON THE MISSION OF THE OAS TO HAITI

INTRODUCTION

On the basis of extensive consultations on Haiti among the Heads of State and Government at the Third Summit of the Americas held in Quebec City, Canada, April 18-22 2001, Canadian Prime Minister Jean Chrétien stated at the closing ceremony, in pertinent part: "… we have asked the Secretary General of the OAS, Cesar Gaviria, to work with CARICOM, to hold consultations, to visit Port-au-Prince in the near future, to report his findings to the OAS before the next General Assembly, and to ensure adequate follow-up."

In pursuance of this request, the Secretary General and the former Prime Minister of Dominica, Dame Eugenia Charles, led a joint OAS-CARICOM mission to Haiti from May 29-31 2001 to continue the efforts which had been ongoing under the aegis of the OAS to resolve the political crisis stemming from disputed legislative and local elections in Haiti in May 2000[1]^/.

The mission held consultations with President Jean-Bertrand Aristide, representatives of Fanmi Lavalas and Convergence Democratique, other sectors of the political community, civil society and the church. The mission concluded that owing to mistrust between the two principal protagonists, the climate was not conducive to face to face negotiations to resolve the crisis.

As the mission prepared to leave, President Aristide wrote a letter to the President of the XXXI Regular Session of the General Assembly of the OAS containing five elements which, in his opinion, would "foster an end to this situation", and solicited support of the international community for his initiative. This letter was published as AG/INF.260/01 corr.1.

The General Assembly took the elements which the president offered as a basis for negotiations and approved resolution AG/RES.1831 (XXXI-O/01) to start a process to conclude "a broad-based agreement among the Government of Haiti, political parties and civil society, and other relevant institutions of Haitian society…" It instructed the Secretary General to "increase his efforts" in pursuance of that objective. A copy of that resolution is attached at Appendix I.

In implementing the General Assembly resolution, the OAS has attempted to achieve an agreement that is consensual, sustainable and broad enough to resolve the political crisis. An agreement which meets those criteria is possible only if the concerns of both sides are considered.

Seeking to build confidence through a step-by-step process, the OAS adopted an approach that envisaged the signing of an initial accord on a number of key elements, to be followed later by the negotiation of a global accord on a wider range of issues.

The Secretary General and the Assistant Secretary General of the Organization have made very substantial progress in their attempts to broker the initial agreement. Its main elements were the constitution of a credible electoral council and agreement on a number of measures that would create an enabling environment for acceptable elections. However, their efforts have failed, so far, to reach a consensus broad enough to conclude the talks because of profound differences on the timing of those elections and the status that elected local officials from the May 21, 2000 elections would have in the period between the signing of an accord and the date of new elections. There are difficulties also in reconciling the strategy of Fanmi Lavalas to achieve a limited initial accord strictly within the parameters of the General Assembly resolution, and the attempt of Convergence Démocratique to have most if not all of its concerns addressed in the initial agreement.

To bring the talks to a successful conclusion, the OAS in December put to the two sides a compromise proposal that attempts to address their concerns. It is widely believed to constitute the basis of a fair deal that could work. However, intermittent politically motivated violence and disorder has created a climate of insecurity and mutual mistrust which continues to frustrate a successful conclusion.

This report covers negotiations from the adoption of General Assembly Resolution 1831 of June 5, 2001 to the last round of talks on December 12, 2001.

BREAKTHROUGH

In fulfillment of the General Assembly mandate, Secretary General Gaviria and Assistant Secretary General Einaudi visited Haiti June 29-July 3, 2001 to foster dialogue to resolve the crisis.

Against the background of assertions by the political opposition that the OAS resolution did not cover their major concerns, the delegation put forward for consideration a working document which included accompanying measures to create a climate that was conducive to credible elections.

The first major breakthrough in the talks was achieved when Fanmi Lavalas and Convergence Démocratique agreed on a formula for the establishment of a new Provisional Electoral Council (CEP). President Aristide and all the sectors involved in the negotiations accepted that the consensus formula could create an institution that would satisfy the standard envisaged in the General Assembly resolution.

Discussions on the mandate of the CEP did not yield an agreement. At a critical point in the deliberations the Civil Society Initiative proposed that all 18 Senators and all the Deputies elected on May 21, 2000 should face new elections at the end of 2002 and that the local elections would be held at the same time. It was proposed also that there would be no contestation of the November 26 elections during which Mr. Jean-Bertrand Aristide and nine Senators were elected. Convergence Democratique endorsed the proposal; Fanmi Lavalas did not object to it; both requested time to consult.

However, when the discussions resumed after a break of seven hours, Fanmi Lavalas declared in a counter-proposal that seven senators had already resigned, five senators whose seats were not challenged had agreed to resign and six senators whose election was not challenged had agreed that their mandate would end in 2004 instead of 2006.

The session was suspended on Tuesday, July 3, when it became clear that a consensus would not be reached and both sides needed more time for reflection and further consultation.

INCREMENTAL PROGRESS

The Secretary General returned to Port-au-Prince, July 13-15, 2001 to advance the negotiations. During that round of the discussions, both sides reached consensus on the following issues which were outstanding at the suspension of negotiations on July 3:

- Role and comportment of the Police in the electoral process

- Establishment, functions and modus operandi of a Commission of Electoral Guarantees.

- Matters relating to the staffing complement and administrative management of the CEP.

- Normalization of relations between Haiti and the international financial institutions.

The consensus on these issues is reflected in Rev.8 of the Draft Initial Accord, which is attached to this report as Appendix II.

On Sunday July 15, the Secretary General convened a meeting between representatives of the international donor community on the one hand and of the government and Fanmi Lavalas on the other, to discuss Haiti's relationship with the community within the context of the negotiations.

The delegations of the government and Fanmi Lavalas were led by Prime Minister Chéréstal and Senator Yvon Neptune, interim president of Fanmi Lavalas respectively. The donor community was represented by the ambassadors of the United States, France, Spain, Germany, the European Union and the head of the Canadian Cooperation Agency in Port-au-Prince.

The Prime Minister indicated that the government had made enormous sacrifices since the disputed elections, to correct deficiencies identified by the international community. He emphasized that the government's understanding of OAS General Assembly resolution 1831 of June 5, 2001 was that, in return for the resignation of the seven contested senators a process would begin of which the normalization of Haiti's relations with the international community would be a critical and integral component. He inferred that there was little reciprocation by the international community for the efforts of the government. The Prime Minister's position was endorsed by Senator Neptune.

The community advised the delegation that the OAS resolution created a dynamic which facilitated face-to face negotiations, and identified three phases in the resolution:

- Resignation of the contested senators

- The creation of a credible, independent and neutral electoral council with operational mechanism

- Negotiation of a global accord

The community envisaged a gradual return to a normal relationship with a phased release of funds upon a positive resolution of the crisis.

Prime Minister Chéréstal took note of all the information provided by the representations, but expressed concern that normalization might not commence upon signing of a preliminary accord but at the conclusion of a global accord.

The Secretary General expressed the view that the exchanges were frank, but useful because they brought transparency to the relationship between Haiti and the international community. He saw the need for more confidence building, which could be facilitated by an accord.

During the discussions on the mandate of the CEP, Fanmi Lavalas and Convergence Démocratique agreed that legislative elections should be held in November 2002 for eighteen senators and all members of the Chamber of Deputies. The two sides failed to reach a consensus on elections for the Collectivités Territoriales. Convergence Démocratique favored holding the local elections together with the legislative elections on the same date in November 2002.

Fanmi Lavalas proposed May 2003 for the local elections, then offered as a second option, one election for the Legislature and Collectivités Territoriales on a date to be determined between March and July 2003. Covergence Démocratique tabled as a counter proposal the first round of elections for the Legislature in November 2002 and the second round of said elections together with the local elections on a date to be determined by the CEP.

Convergence Démocratique presented a new proposal, not previously discussed, on a calendar for the incumbents who were elected in the May 21, 2000 elections to vacate office prior to the new elections. Fanmi Lavalas objected strongly to the calendar of departure on grounds that no deficiencies had been identified by the OAS in the local elections and thus the officials should be deemed duly elected and allowed to complete their term. Moreover, Fanmi Lavalas argued that that demand would seriously jeopardize plans for commemoration of the bicentennial of Haitian independence in January 2004.

The Secretary General suspended the negotiations when it became apparent that a consensus on this critical issue was unlikely during that round of the negotiations.

ATTITUDES HARDEN

On July 28, 2001 armed men attacked a police academy near Port-au-Prince and three police stations in the country. Five Police Officers were killed and 14 were reported wounded. Eleven alleged former members of the disbanded Haitian army were arrested in the Dominican Republic in relation to the incident. The Government of Haiti described the attacks as an attempt to overthrow it and accused the political opposition of complicity in the incident. The opposition rejected those accusations and claimed that the government was using the incident as a pretext to detain and persecute its supporters.

The incident created a renewed climate of mistrust in the political community and threatened to frustrate the negotiations. The opposition used the incident as a basis for demanding additional guarantees or strengthening of the monitoring or verification mechanisms in the initial accord.

GROUP OF FRIENDS

In fulfillment of a provision of resolution 1831 of the XXXI Regular Session of the General Assembly, the Secretary General established on October 2, 2000, a Group of Friends of Haiti to assist in efforts to resolve the difficulties in the country. The Group was constituted of the following countries: Argentina, Bahamas, Belize, Canada, Chile, Dominican Republic, France, Guatemala, Germany, Mexico, Norway, Spain, the United States of America and Venezuela.

Among many functions, the Group of Friends serves as an informal advisory group to the Secretary General, and helps to represent views and issues to the political authorities in Haiti. It also provides support for the various activities explicitly mandated in the General Assembly resolution such as the strengthening of democracy, the promotion of human rights and the social and economic development of Haiti.

INFLEXIBILITY

Assistant Secretary General Einaudi undertook a new mission to Haiti October 12 to 14, 2001 to relaunch the negotiations and to attempt to conclude an initial accord.

Both Fanmi Lavalas and Convergence Démocratique agreed to resume face-to-face talks from the point at which they were suspended on July 15. They agreed also on the following agenda:

- The date for the elections

- The calendar of departure of the incumbents

- The environment for credible elections

The negotiations were intense and revealed substantial differences between the two sides. Ambassador Einaudi sought to focus the talks on dates for the elections in a neutral and dispassionate manner, avoiding explanations on the reasons why elections were to be held. He tabled the following proposal:

- Elections for two-thirds of the Senate and the Chamber of Deputies in November 2002

- Elections for the Collectivités Territoriales in March 2003

- Indirect elections to be held after those elections

The OAS proposal did not deal with the issue of when the officials would leave office, but was within the parameters of what the government offered in July.

Fanmi Lavalas requested that the OAS amend its position by restoring the qualifying adjective early to the elections. They also suggested June for local elections and indicated that that their willingness to advance these elections from their scheduled date of November 2003 was exclusively to accommodate the commemoration of the bicentennial of Haitian Independence.

Ambassador Einaudi decided to stand on what he tabled as a compromise and to avoid any adjective that would favor one side or the other. Convergence Democratique accepted the OAS proposal without conditions. Fanmi Lavalas rejected the proposal insisting on the adjective “early” to deny the opposition any opportunity to claim that they were new elections because the May 21, 2000 elections were invalid.

Fanmi Lavalas’ renewed rejection of the proposed compromise broke off the talks.

Some progress had been made, however. Fanmi Lavalas and Convergence Démocratique reaffirmed their acceptance of November 2002 for legislative elections. However, the talks failed because they could not agree on a date for the local elections. The government wanted the local officials who were elected on May 21, 2000 to complete their term. Convergence believed that that position constituted an obstacle to fairness because control by Lavalas of the local authorities would be detrimental to the opposition in the elections.

The OAS tabled a mechanism to hold discredited local officials accountable for their acts and to restrain the others, to permit a semblance of fairness. Fanmi Lavalas and the government responded in writing with a counter-proposal that was general. Convergence agreed in principle to the OAS mechanism, but promised to add a few elements.

When negotiations were suspended on October 14, 2001, the positions of Fanmi Lavalas and Convergence Democratique on the issues were as follows:

Mandate of the C.E.P.

Proposal of the OAS (Endorsed by Convergence)

A. To organize, in November 2002, elections for the Chamber of Deputies and two-thirds of the Senate.

B. To organize, not later than March 2003, elections for the Collectivités Territoriales. Indirect elections will be held after those elections.

Counter-proposal of Fanmi Lavalas

A. To organize early elections in November 2002 for the Chamber of Deputies and two-thirds of the Senate.

B. To organize elections for the Collectivites Territoriales on a date to be determined by the Provisional Electoral Council, during the first semester of 2003. Indirect elections will be held after those for the Collectivites Territoriales.

Calendar of Departure

Proposal of Lavalas

A. Senators and Deputies

Those who assumed membership of the legislature as a result of the elections of May 2000 will remain in their posts until the results of the proposed elections are declared and the newly elected take the oath of office.

B. Collectivites Territoriales (Mayors and CASEC)

Those officials who assumed office as a result of the elections of May 21, 2000, will hold office until their mandate expires in January 2004.

Proposal of Convergence Democratique

A. The Senators, Deputies, ASEC and DV retain their posts until March 2002.

B. The background of the Mayors and CASEC will be examined by the Commission of Electoral Guarantees to ensure that they did not engage in undemocratic behavior.

Those who have met that standard will be appointed Interim Executive Agents who will stay in their posts until their successors take office, normally about two months after the elections.

Those deemed unworthy of the positions will be replaced. A joint Fanmi Lavalas-Convergence Democratique Commission will recommend their replacement.

COMPROMISE PROPOSAL

In an informal meeting of the Group of Friends at OAS headquarters in Washington, D.C., to discuss the outcome of the October talks, a consensus developed around a proposal by the Ambassador of Argentina to the OAS that based on informal consultations on the issues, the OAS should propose some elements of an agreement to both sides. The idea led ultimately to a document entitled "ELEMENTS OF A COMPROMISE PROPOSAL", drawn up for what was envisaged as the final round of talks to conclude an initial accord (Appendix III).

BUILDING CONFIDENCE

Secretary General Cesar Gaviria visited Haiti briefly on November 30, 2001 to encourage Fanmi Lavalas and Convergence Democratique to engage purposefully and with a greater sense of resolve to conclude an initial accord.

The Secretary General was accompanied by Ambassadors Albert Ramdin, Denneth Modeste and Sergio Romero, the Personal Representative of the Secretary General in Haiti.

The delegation held separate discussions over a period of six hours, with President Aristide, members of Convergence Democratique, the representatives of the Roman Catholic Church and representatives of the Group of Friends of Haiti.

The Secretary General formed the impression that both the President and constituents within the opposition were ready to discuss the outstanding issues and explore formulas preparatory to full negotiations. He underscored with all sides the importance of concluding the talks expeditiously in the national interest and advised that further actions would depend on an assessment by Assistant Secretary General Luigi R. Einaudi.

CLIMATE OF INSECURITY

Ambassador Einaudi arrived in Haiti December 5, five days after the Secretary General had left, to hold bilateral consultations on the compromise proposal developed by the OAS.

Over a period of seven days, the OAS delegation discussed with the two sides the elements of the OAS compromise, looking for openings to achieve a consensus on the outstanding issues. Fanmi Lavalas demonstrated some willingness to compromise on the date for elections and the status of the local officials after the signature of the accord. The Lavalas delegation appeared ready to accept the holding of one combined election in March 2003 for the Legislature and the local authorities. When the Convergence appeared ready to accept January 2003 for the legislative and local elections, the OAS delegation was persuaded that the date for the election was not an insurmountable problem.

The talks were overshadowed, however, by a climate of insecurity, mutual mistrust and recrimination occasioned by the brutal killing on December 3 of a local journalist, Brignol Lindor, by a mob allegedly associated with Fanmi Lavalas. Convergence echoed widespread charges that the mayor of Petit-Goave, the town in which the incident took place, had only a few days before, publicly threatened the life of the same journalist. In the context of negotiations in which the comportment of local officials is a critical issue, the incident hardened the attitude of Convergence which insisted on its mechanism for the departure of those officials before the next elections.

When it became apparent that an agreement was not forthcoming during the visit, Ambassador Einaudi requested of both sides written responses to the OAS document presented to them for consideration.

On the basis of the discussions with President Aristide, the OAS delegation formed the distinct impression that the document from Lavalas represented a serious offer for further discussion on elements of the OAS documents which the president believed could form the basis for a solution, if the opposition showed greater flexibility.

THE POLITICS OF THE NEGOTIATION

Convergence Democratique contends that there were gross irregularities in the local and legislative elections of May 21,2000 and the presidential elections of November 26, 2000. It states that if Jean-Bertrand Aristide refuses to make further concessions on May 21, it will insist on questioning the legitimacy of the presidential elections.

Fanmi Lavalas concedes that the Legislative elections were not perfect but repudiates any implication that they are to be dismissed as fraudulent. In this position, it claims the support of the official report of the OAS Electoral Observation Mission, which focused on specified "irregularities". Fanmi Lavalas flatly rejects any attempt by Convergence Democratique to question the integrity of the presidential elections of November 26, 2000.

During face to face negotiations on July 2, 2001, Convergence Democratique made a major concession by agreeing not to challenge the presidential elections. The Convergence Democratique negotiators acted in the expectation that Fanmi Lavalas would cede the legislative and municipal elections of May 21. Fanmi Lavalas did in fact offer to rerun the May 21 legislative and municipal elections, but for political reasons refused to hold the municipal elections on the date which both sides have endorsed for the legislative elections - November 2002.

By agreeing to new elections at all levels, Jean-Bertrand Aristide demonstrated a willingness to correct the May 21 elections. However his insistence that local officials complete their terms is strongly resisted by Convergence leaders for two reasons: it deprives them of the opportunity to claim that the May 21, 2000 elections were null and void, and it ensures that Fanmi Lavalas will be in a position to abuse power at the polls when new elections are held.

The issue of when those who now hold office as a result of the May 21, 2000 elections leave office is further complicated by uncertainty over what this would mean for the legitimacy of their actions while in office. What, for example, would be the implication for such acts as the parliamentary ratification of pending IDB loans? Within Haiti, an across-the-board repudiation of the acts of the current parliament would hardly be conducive to stability.

MAJOR SETBACK

In the early hours of the morning of Monday, December 17, an armed group launched an attack on the Presidential Palace in Port-au-Prince. Five police officers were reported killed in the attack.

In ensuing violence, the homes of several opposition leaders and the offices of Convergence Democratique and three of its constituent parties were set on fire.

There is a growing sense that those events have severely retarded the progress of the negotiations and created conditions that are not now favorable for dialogue.

On December 27, two major leaders of the Convergence wrote the Secretary General asking for the invocation of Article 18 of the Inter-American Democratic Charter and enclosing their version of the events of December 17. The Convergence report focuses on what it calls “acts of war against the Convergence” following the attack on the Palace. Among them, it lists the burning and sacking of party offices and private residences throughout the country, as well as acts against journalists. In many of these events, the Convergence records the participation of representatives of Fanmi Lavalas and of government ministries. On January 1, in a Message to the Nation on the occasion of the 198^th anniversary of the Proclamation of the Independence of Haiti, President Aristide acknowledged that "there exists a crisis in our country, however, neither crisis nor ambition should make us forget that we are brothers and sisters"and urged "we need bridges of dialogue, not walls of exclusion".

CONCLUSION

Both Fanmi Lavalas and Convergence Democratique need to be in a position to argue that they have made sufficient gains under any accord to enable them to sign it and commend it to their supporters.

Convergence Democratique

On the basis of elements in the draft accord that have already been accepted by both sides, Convergence Democratique will make the following gains:

- An agreed formula for a credible, neutral and independent Provisional Electoral Council.

- Presence of an OAS Special Mission to monitor the implementation of the accord.

- Deployment of an OAS Electoral Observation Mission to ensure the credibility of the elections.

- International assistance to strengthen political parties.

Convergence would make additional gains if both sides accepted the compromise proposal to end the crisis.

- Re-run of legislative and local elections.

- Replacement of abusive local officials and a mechanism to monitor compliance with the constitution, electoral law and the political accord.

Overall, the opposition would launch its electoral campaign in a political environment that is more propitious for credible elections.

Fanmi Lavalas

Upon signing of the initial accord, the OAS will begin the process of normalization of Haiti's relations with the international financial institutions, pursuant to OAS General Assembly Resolution 1831 of June 5, 2001.

Injection of the funds withheld by the International Donor Community into the Haitian economy would generate economic activity which would improve the welfare of the people. It would contribute to stability in the country thereby ensuring a more secure term of office for the president.

The accord would reduce the spectre of illegitimacy which has cast a shadow over Haiti's political institutions, elected officials and all their deliberations since the disputed elections.

Reconciliation

The OAS accepts and is encouraged that both Fanmi Lavalas and Convergence Democratique had made major concessions from their original positions and that tremendous progress has been made in efforts to reach a settlement.

The Organization is deeply concerned however, that the escalating spiral of violence and mutual aggression is deepening the crisis and causing further deterioration in the economic and social conditions in Haiti.

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