OEA/Ser.G
CP/doc.3541/02
8 January 2002
Original:
English
FIFTH REPORT OF THE MISSION OF THE
ORGANIZATION OF AMERICAN STATES TO HAITI
Progress toward an
initial accord
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 198th 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.
APPENDIX I
AG/RES. 1831 (XXXI-O/01)
SUPPORT FOR DEMOCRACY IN HAITI
(Resolution adopted at the fourth plenary session,
held on June 5, 2001)
THE GENERAL ASSEMBLY,
BEARING IN MIND:
That the preamble of the OAS Charter establishes that representative democracy is an indispensable condition for the stability, peace, and development of the region;
That, according to the Charter, one of the essential purposes of the Organization is to promote and consolidate representative democracy, with due respect for the principle of nonintervention;
That another purpose is to promote, by cooperative action, economic, social, and cultural development;
The Santiago Commitment to Democracy and the Renewal of the Inter-American System (1991), the Declaration of Managua (1993), and the declarations and plans of action of the Summits of the Americas (Miami, 1994; Santiago, 1998);
That the Heads of State and Government at the Third Summit of the Americas, emphasized their commitment to defend and strengthen democracy across the Hemisphere; and
The commitment of the OAS and of the Caribbean Community (CARICOM) to continue their contributions to the strengthening of democracy in Haiti;
RECALLING the conclusions of the OAS Electoral Observation Mission to Haiti on the elections of May 21, 2000, presented in the report to the Permanent Council (CP/doc.3383/00);
RECALLING ALSO resolution CP/RES. 772 (1247/00) of August 4, 2000, in which the Permanent Council, at the request of the Government of Haiti, authorized the Secretary General to lead a Mission to Haiti 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 that have arisen from differing interpretations of the Electoral Law, and for further strengthening democracy in that country”[EB1];
TAKING NOTE of the reports to the Permanent Council by the General Secretariat regarding the visits to Haiti by the Secretary General and the Assistant Secretary General during the period from August 16, 2000, to February 10, 2001, and of the reports of those missions contained in documents CP/doc.3349/00, of August 24, 2000, CP/doc.3371/00, of November 9, 2000, and CP/doc.3419/01 corr. 2, of March 13, 2001;
The statement made by the Minister of Foreign Affairs and Worship of Haiti before the Permanent Council on March 14, 2001;
Resolution CP/RES. 786 (1267/01) corr. 1, in which the Permanent Council resolved: “To express the conviction that the resolution of the crisis arising from the Haitian elections of May 21, 2000 is essential to the strengthening of democracy and respect for human rights in Haiti[EB2]”;
That the said resolution also
requested “the Secretary General to
undertake the necessary consultations with the Government of Haiti and other
sectors of the political community and civil society, bearing in mind the
statement by the Haitian Minister of Foreign Affairs and Worship, on the
potential for a dialogue to resolve the crisis arising from the elections of
May 21, 2000 and the strengthening of democracy and respect for human rights in
Haiti” and to “report on his consultations, and, as appropriate, to propose
other measures that could contribute to the strengthening of the democratic
process in Haiti[EB3]”;
The statement made by the Chair of the Third Summit of the Americas, the Prime Minister of Canada, during the closing ceremony on April 22, 2001, which acknowledged the problems that continue to limit the democratic, political, economic, and social development of Haiti in the near future and asked the Secretary General, in collaboration with the Caribbean Community (CARICOM), to visit Haiti, to report his findings to the OAS, and to ensure adequate follow-up;
The May 9, 2001, decision by the Chairman of the CARICOM Conference, the Prime Minister of Barbados, and the Secretary General of the OAS to establish a joint OAS/CARICOM Mission to Haiti; and
The visit of the Joint OAS-CARICOM Mission from May 29 to 31, 2001, led by the Secretary General and the former Prime Minister of Dominica, Dame Eugenia Charles, the report on which is contained in document AG/INF.264/01;
CONCERNED that the political crisis is still unresolved and that persistent mistrust among political actors continues to hinder the possibility of wide-ranging talks that would bring about a sustainable solution to the problems arising from the May 21, 2000, elections, based on a general agreement among the government of Haiti, political parties, and civil society and other relevant institutions of Haitian society, with a view to resolving the political crisis and strengthening democracy and respect for human rights in that country;
RECOGNIZING the need for financial and technical assistance with a view to contributing to the promotion of Haiti’s social and economic development; and
HAVING RECEIVED a letter from the President of Haiti to the President of the thirty-first regular session of the General Assembly of the OAS, the Minister of Foreign Affairs and Worship of Costa Rica (AG/INF.260/01 corr. 1),
RESOLVES:
1. To reiterate its deep concern at the continuing political crisis in Haiti, arising from the elections of May 21, 2000.
2. To take note of the initiative, consisting of five elements, contained in the letter from the President of Haiti (AG/INF.260/01 corr. 1) with regard to the process toward a definitive resolution to the current political crisis.
3. To acknowledge the concerns expressed in said letter regarding the urgency of normalizing relations between Haiti and the international financial institutions.
4. To urge the Government of Haiti to follow the resignations of seven senators with the expeditious constitution, by June 25, 2001, of a credible, independent, and neutral Provisional Electoral Council (CEP), composed of nine members nominated by the Executive, the Judiciary, political parties–including the Convergence démocratique, Fanmi Lavalas, and other political parties–and churches, both Catholic and Protestant. This is a necessary step to create a climate of confidence conducive to a broad-based agreement among the Government of Haiti, political parties, and civil society, and other relevant institutions of Haitian society, with a view to resolving the political crisis and strengthening democracy and respect for human rights in Haiti.
5. To call upon the Government of Haiti, political parties, and civil society, and other relevant institutions of Haitian society to commit themselves fully to this end.
6. To instruct the Secretary General to monitor and report to the Permanent Council on implementation of the commitments contained in document AG/INF.260/01 corr. 1.
7. To instruct the Secretary General to increase his efforts, in consultation with CARICOM and with other interested countries, to contribute further to the resolution of the existing political crisis in Haiti, to its social and economic development, to the strengthening of democracy, and to respect for human rights in that country.
8. To invite the Secretary General to establish a Group of Friends of Haiti from interested OAS member states and permanent observers to assist him in these efforts.
9. To request the Permanent Council to examine, as a matter of urgency, the mandate, modalities, budget, financing, and other arrangements concerning the establishment of a possible mission to Haiti.
10. To instruct the Secretary General to work jointly with member states toward normalizing relations between Haiti and the international community, including the international financial institutions, as progress is achieved in reaching a sustainable solution to the crisis arising from the May 21, 2000, elections.
11. To instruct the Secretary General to
report to the Permanent Council or the General Assembly, as appropriate, on the
implementation of this resolution.
APPENDIX II
Rev. 8, July 15, 2001, 11:40
p.m.
INITIAL DRAFT ACCORD
The undersigned, political parties, civil society organizations, and
churches, reaffirm our deep conviction that the political crisis must be
resolved and democratic institutions must be strengthened. We solemnly pledge to work toward those
objectives and to spare no effort to attain them in good faith, in line with
hemispheric efforts to promote and consolidate democracy. Therefore, we have agreed on the following
points, with the Government’s guarantee:
1.
The
formation of a new credible, independent, and neutral Provisional Electoral Council
(CEP).
We agree to participate in appointing the nine members of the CEP,
according to the following formula, which has been arrived at by
consensus. Each member must be a
respected person enjoying the confidence of all citizens. Prior to the appointment of the members, the
undersigned shall be consulted about the persons designated, in order to verify
that they possess the necessary qualifications.
The CEP shall have the following mandates, responsibilities, authority,
and guarantees:[2]/
II.
The
establishment of an environment conducive to the expression of political preferences
and permitting free elections
We agree to take all measures that will increase confidence and respect
among the political parties and the Government.
The Police in particular should exercise the greatest prudence and care
to perform their functions in an impartial, neutral, and just manner. The Provisional Electoral Council (CEP)
shall have the authority to monitor the National Police to see that they are
performing their functions in an impartial, neutral, and just manner. To that end, the CEP shall devise a means of
supporting this monitoring function, after consultations with the political
parties, civil society, and the churches.
Through that mechanism, and through its Electoral Guarantees Committee,
the CEP shall receive complaints and requests from political parties,
candidates, and citizens concerning National Police operations in connection
with the electoral process. Also, the
mission of the Inter-American Commission on Human Rights and the Electoral
Observation Mission may report to the CEP any shortcomings they may have
observed.
The CEP shall have the right to submit recommendations on corrective
measures to the Superior National Police Council (CSPN). Likewise, it may communicate with the
Government of the Republic to present recommendations for resolving problems it
has identified. The recommendations of
the CEP may include specific proposed deadlines for their implementation. The CSPN shall take all necessary measures
to address the recommendations of the CEP with the greatest diligence, so as to
ensure the maintenance of an environment conducive to the success of the
campaign, the election, and the post-electoral activities.
The Superior National Police Council shall ensure that there is no
interference with the recruitment, work, and professional conduct of the
Police.
The Government of Haiti shall invite a mission of the Inter-American
Commission on Human Rights to monitor the observance of human rights.
The Government of Haiti will also ask the OAS and CARICOM to send an
electoral observation mission (EOM) to be present throughout the election
process. The EOM will provide the CEP with technical assistance and verify the
existence of all the conditions needed to guarantee free, transparent, and fair
elections that allow citizens to express their political preferences freely, in
an atmosphere free from intimidation.
The Government of Haiti will request technical assistance for the
National Police to help with the preparation and implementation of security
plans.
The CEP establishes an Electoral Guarantees Committee (EGC) to:
¨
Strengthen the
participation and trust of citizens, institutions, candidates, and political
parties in the election process.
¨
Help the CEP
gather, analyze, and process complaints by candidates or citizens with respect
to the electoral process.
¨
The EGC will
comprise, inter alia, representatives of electoral observations missions, of a
national coordination body formed on the basis of experience with coordinating
electoral observation in Haiti, and of civil society organizations. The
OAS/CARICOM mission will participate as a witness.
¨
The EGC will be
run jointly by eminent persons appointed by the Conference of Bishops and the
Protestant Federation of Haiti under the supervision of the President of the
CEP.
III.
Furtherance
of national dialogue aimed at reaching a political agreement that will
strengthen democracy and observance of human rights and promote economic and
social progress.
We are willing to undertake, within 30 days of the signing of this
agreement and with the backing of the Government of Haiti and the OAS-CARICOM
mission, a dialogue among political parties and civil society organizations
aimed at devising and reaching a political agreement on the following issues:
a.
Security for
citizens, a justice system, and a police system, including the establishment of
civilian authorities to oversee the police.
b.
Consolidation
of democracy and of opportunities for participation, including the
strengthening of political parties as social institutions.
c.
Human rights.
d.
Economic and
social development.
e.
Governance and
transparency.
We agree to the President of the Republic appointing members of the CEP
proposed by the following institutions:
·
1 representative
of Fanmi Lavalas
·
1
representative of Convergence Démocratique
·
1
representative of the other political parties
·
1
representative of the Conference of Bishops
·
1
representative of reformist sects coordinated by the Protestant Federation of
Haiti
·
1
representative of the Episcopal Church
·
1
representative of the Judiciary
·
1
representative of employers’ organizations coordinated by the Haitian Chamber
of Commerce and Industry (CCIH)
·
1
representative of human rights organizations coordinated by Justice and Peace.
In the event that an organization or sector fails to make a choice by
the appointed deadline, the Conference of Bishops, the Protestant Federation of
Haiti, the Episcopal Church, the Judiciary, and the coordinator for human
rights organizations will jointly fill the gap.
Should a member of the CEP resign or be disqualified or unable to
exercise his or her functions, he or she will be replaced by the same body that
made the appointment.
As contemplated in Chapter I, each of the members should be respected
and trusted by all citizens. Before they are appointed, consultations should be
held among the undersigned regarding proposed appointees in order to check that
they have the necessary qualifications.
We also agree to asking the Secretary General of the OAS to strive,
together with member states and CARICOM, to restore normal relations between
Haiti and the international community, including international financial
organizations, inasmuch as progress is made in implementing this political
agreement, in order to achieve a lasting solution to the crisis triggered by
the elections of May 21, 2000 and to help foster the economic and social
development of Haiti.
Signed at Port au Prince, on
Fanmi Lavalas Convergence
Démocratique
WITNESSES:
Conference of
Bishops
Federation of
Protestant Churches of Haiti
Initiative de la Société Civile
Fondation Nouvelle Haiti
Chamber of Commerce
and Industry
Center for Free
Enterprise and Democracy
Organization of
American States
Caribbean Community
European Union
Dean of the
Diplomatic Corps
United States of
America
Canada
France
Dominican Republic
Chile
Seen and approved by
the Government of Haiti
APPENDIX III
ELEMENTS OF A COMPROMISE PROPOSAL [3]/
In an effort to achieve a consensual solution to the current political crisis, Fanmi Lavalas and Convergence Démocratique will commit to the following:
A presidential decree (or with the concurrence of both sides, the next elected parliament) will be able to ratify and legitimize all proper acts, work, and tasks performed by the officials who assumed office as a result of the elections of May 21, 2000 (during their terms of office).
ANTICIPE
(EARLY)
This compromise makes the adjective anticipé irrelevant because the question of the validity of the acts of the legislators is no longer at issue.
MANDATE OF
THE CEP
The CEP will thus organize elections in January 2003 for the Chamber of Deputies, two-thirds of the Senate, and the territorial divisions. Indirect elections will be held after these elections.
DEPARTURE
SCHEDULE
A. Senators and Deputies
Those who became members of the legislature as a result of the elections of May 21, 2000, will remain in office until their successors assume office at a normal interval after the results of the elections are declared.
B.
Territorial Divisions
After the signing of the Accord, a number of local officials (determined by consensus between Fanmi Lavalas and Convergence Démocratique) will be removed from office for abusive behavior. Their replacements, recommended by the Commission of Electoral Guarantees (CGE) from among persons of integrity, will be appointed as Executive Agents until the newly elected officials assume office.
The incumbents (except those removed for abusive behavior) will be eligible to remain in their posts until those elected are sworn in.
The CEP, in the exercise of its discretion, will be able to reject anyone it considers unworthy to stand as a candidate in the elections.
A compensation plan might be devised to cover loss of income caused by term reductions.
The rest of the local officials will retain their posts until their successors are sworn in and begin a new term. As provided in the existing proposal by the OAS, however, the Commission of Electoral Guarantees will monitor performance of all local officials in the period leading up to the elections.
CP09104E01
“The Commission of Electoral Guarantees will establish decentralized
committees at the departmental and communal levels. The committees established at the communal level may attend the
deliberations of the municipal councils and the CASECs. They will have access to the documents
issued by the local divisions and will have the power to investigate documents
and testimony pertaining to the activity of the communes and the CASECs. The committees established at the
departmental level will have the power to conduct investigations of public
resources and personnel within this district.
“Should cases of fraud or serious irregularities be noted with regard to the Constitution, the electoral law, and the present agreement, these departmental and communal committees will transmit the results of their investigations to the Commission at the national level. The CGE may then ask the Government and the Judiciary to take appropriate measures and, in particular, implement Articles 72 and 73 of the Constitution. The CGE will also transmit the file to the Electoral Observation Mission (EOM) and the mission to the OAS in Port-au-Prince.”
[1]. Previous reports are contained in CP/doc.3349/00; CP/doc. 3371/00; CP/doc. 3419/01 corr.2; and AG/INF. 264/01.
[2]. There was no agreement between both parties on points a and b.
[3]. A Non-paper presented orally by Ambassador Einaudi to the parties on December 5 and in writing on December 11, 2001.