OEA/Ser.G
16 January 2002
Original: English
CP/RES.
806 (1303/02)
THE
SITUATION IN HAITI
THE PERMANENT COUNCIL
OF THE ORGANIZATION OF AMERICAN STATES,
DEEPLY CONCERNED by the violence that occurreding in Haiti, in particular the events
of July 28 and December 17, 2001,and the days that
followed, and the worsening political, economic, and social
situation in that country;
CONCERNED by the current impasse in negotiations to resolve the continuing political crisis;
HAVING SEEN the Fifth Report of the Mission of the Organization of American States: “Progress Toward An Initial Accord” (CP/doc. 3541/02);
RECALLING that the General Assembly, in resolution
AG/RES. 1831 (XXXI-O/01), reiterated its deep concern at the continuing
political crisis in Haiti, arising from irregularities in the elections of May
21, 2000, and instructed the Secretary General to increase his efforts to help
find a solution to the political crisis, to further the social and economic
development of Haiti, to strengthen democracy, and to promote respect for human
rights in that country;
RECALLING ALSO that the
Permanent Council, in resolution CP/RES. 772 (1247/00) of August 4, 2000, 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,” and that there have been numerous missions since that time
for that purpose;
BEARING IN MIND:
That the OAS Charter establishes that representative democracy is an indispensable condition for the stability, peace, and development of the region and that one of the essential purposes of the Organization is to promote and consolidate representative democracy, with due respect for the principle of nonintervention; and
[That
the Inter-American Democratic Charter, was
adopted by the special session of the General Assembly in Lima, Peru, on
September 11, 2001, andstates that the peoples of the
Americas have a right to democracy and that their governments have an
obligation to promote and defend it;] and that “essential elements of representative
democracy include, inter alia, respect for human rights and fundamental
freedoms, access to and the exercise of power in accordance with the rule of law,
the holding of periodic, free, and fair elections based on secret balloting and
universal suffrage as an expression of the sovereignty of the people, the
pluralistic system of political parties and organizations, and the separation
of powers and independence of the branches of government”;
TAKING NOTE of President Jean-Bertrand
Aristide’s condemnation of violence from any source, the statements issued by
the Secretary General regarding the events of December 17, 2001, and the
subsequent violence and the communiqués of the Inter-American Commission on
Human Rights on attacks and threats against journalists;
TAKING NOTE also that the Government of Haiti has initiated an inquiry into the December 17, 2001, events, which included an attack against the presidential palace and violence against the headquarters of political parties and the residences of private individuals;
CONVINCED that the worsening political situation in Haiti, which has most recently led to the violent events of December 17, 2001, demonstrates that there is an urgent need to strengthen institutions of representative democracy in that country;
ENCOURAGED
by the interest and willingness
expressed by the Government of Haiti to collaborate [in the spirit of the
Inter-American Democratic Charter,] with the
international community in efforts at resolving the ongoing political crisis in
Haiti; and
TAKING NOTE of the decision
of CARICOM to urgently dispatch to Haiti a special high-level mission to
evaluate the situation in that country,
RESOLVES:
1.
To condemn the loss of life and the destruction of property occurring
as a result resulting from the events of the worsening political
situation in Haiti, including the killing and intimidation of journalists and
the violence of December 17, 2001. and subsequent days.
2.
To urge the Government of Haiti, all political parties, civil
society, and other relevant institutions of Haitian society to renounce
condemn and work towards ending all forms of
political violence.
of all
kinds.
3.
Torespond
to accompany the
Government of Haiti’s interest and willingness to
collaborate work jointlyin
the spirit of the Inter-American Democratic Charter with
the international community to find a solution to the current
political crisis by establishing an OAS Mission, CARICOMin
accordance with
AG/RES. 1831 (XXXI-O/01) of the General Assembly of
the OAS, to work in the spirit of the OAS Charter and the Inter-American
Democratic Charter..;
4.
To call upon the Government of Haiti to pursue diligently
pursue
its all efforts to restore a climate of
security that is a natural necessary condition
for resuming OAS-sponsored negotiations, including:
a.
the
completion of a thorough, independent inquiry into the eventsof related to December 17, 2001and
subsequent days;
b.
the
prosecution of any person, and dismissal, when appropriate, of any person found to be
complicit in the violence t attacks
of December 17, 2001, and subsequent days;
c. the completion of a thorough inquiry into all politically-motivated crimes;
d.
reparations for organizations and individuals and
organizations who suffered damages as a direct result of the
violence of December 17, 2001;
e.
an invitation to the OAS and the Inter-American
Commission on Human Rights to send representatives to Haiti to investigate and assess the
situation and to assist the Government and people of Haiti and Haitian society in
strengthening their democratic systems and
institutions, and ;
f.
an invitation to the Inter-American Commission on
Human Rights to conduct an on-site visit to Haiti.
5. To commend the
Secretary General for his constructive efforts as detailed in the Fifth Report of the
Mission of the Organization of American States: “Progress Toward An Initial Accord” (CP/doc.3541/02).
6. To call upon the international
community to provide effective and concrete support to the Government of Haiti, Haitian civil
society, and
democratic political parties
that operate within the confines of the
Haitian constitution and the rule of law, in an effort to strengthen the
Haitian democratic institutions.
7. To call upon the Government of Haiti and all political parties, with the support of civil society and other relevant institutions in Haiti, to resume OAS-sponsored negotiations as a matter of urgency, as soon as conditions are conducive to discussions, with a view to reaching an agreement to resolve the political crisis in Haiti.
8. To reaffirm the mandate of the Secretary General in
accordance with AG/RES. 1831 (XXXI-O/01) and Tto instructthe
Secretary General him, in consultation with CARICOM and the Group of Friends
of Haiti, to
continue redouble his
efforts under the auspices of to
contribute further to the resolution of the current political impasse
crisis
in Haiti byestablish [immediately] a
permanent:
a. monitoring events in Haiti, including respect for the essential elements of representative democracy, and compliance with any accords that may result from OAS-sponsored negotiations, and
b. helping the Government
of Haiti in thedevelopment strengthening of its democratic processes and political
institutionsal process.;
9. To instruct the
Secretary General to assign technical experts to the OAS Mission to Haiti, to help the Government in
the development and strengthening of its democratic political process and institutions.
108. To instruct the Secretary General, as progress is
achieved in reaching a sustainable solution to the crisis arising from the May
21, 2000,
elections, to continue to work jointly with member
states toward normalizing relations between Haiti and the international community,
including especially the international financial
institutions,
and to report on his progress. as progress is achieved in reaching a sustainable solution to
the crisis arising from the May 21, 2000, elections.
89. To instruct the Secretary General to assign
additional technical experts to the Office of the GS/OAS in Haiti, including
officers of the Inter-American Commission on Human Rights, who could help the
Government in the development of its democratic political institutional process109. To instruct the Secretary General to request
from CARICOM an invitation to designate a high-level OAS official to accompany
the special high-level mission of CARICOM to Haiti;
110. To ask the Inter-American Commission on
Human Rights, within its area of competence, to undertake an on-sitein
situ visit to Haiti to consult with civil society, political
parties, and the Government of Haiti in order to analyze and report on current general
conditionsthe situation regarding journalists,
and the events related
to ofDecember 17, 2001.
and
subsequent days.
112. To call upon the Government of Haiti to guarantee to the said
OAS Mission under reference at paragraph 3 above and to the Inter-American
Commission on Human Rights, as well as those international NGOs with a recognized
presence in Haiti, free and safe access to all elements of Haitian civil
society, including the press and opposition parties.
CP09139E03
13
3. To
call upon the Group of Friends of Haiti, established in accordance with the
provisions of AG/RES. 1831 (XXXI-O/01) and made up of interested OAS member
states and permanent observers, to remain engaged in assisting the Secretary
General in these efforts.
144. To instruct the Secretary General to
provide an interim report to the Permanent Council as soon as possible, but not
later than March
31,April 1, 2002, and a full report to the General
Assembly at its thirty-second regular session on the implementation of this
resolution.
15. To request the Secretary General to transmit this resolution to the Secretary-General of the United Nations.