REPORT OF THE SECRETARY GENERAL IN RESPONSE TO CP/INF. 4724/02

By CP/doc.3632/02 dated July 31, 2002, the Permanent Mission of Haiti transmitted to the Chair of the Permanent Council a draft resolution for consideration at a Regular Meeting of the Council scheduled for July 31, 2002. Consideration of the draft resolution was referred to a meeting of the General Committee of the Permanent Council held on August 2, 2002.

In document CP/INF. 4724/02 dated August 7, 2002 (reproduced at Annex I) the Permanent Mission of the United States sought clarification from the Secretary General on three issues to which reference is made in the draft resolution submitted by the Delegation of Haiti.

This report therefore addresses the status of:

The Draft Initial Accord under negotiation since April 2001;

Implementation of CP/RES. 806 (1303/02) corr.1; and

The Secretary General’s good offices with International Financial Institutions in keeping with AG/RES. 1841 (XXXII-O/02)

The second of these three issues, the assessment of the implementation of CP/RES. 806 presents complex problems of both fact and judgment that have critical policy implications. The Secretariat is responding to this request to the best of its ability, but wishes to make clear that the OAS does not now possess what it would need on the ground in Haiti to respond in greater detail to all aspects of what might be considered relevant to such a request. The report therefore also ends with some considerations on the role of the OAS Special Mission for Strengthening Democracy in Haiti (Special Mission).

This report is to be considered as a follow up to CP/doc.3625/02 corr.3 “Sixth Report of the Mission of the Organization of American States to Haiti” (hereafter referred to as the Sixth Report) as well as the earlier CP/doc. 3609/02 corr.1 “Situation in Haiti: Report of the Secretary General on the Application of Resolutions CP/RES. 806 (1303/02) corr.1 and AG/RES. 1831 (XXXI-O/01)” dated May 21, 2002.

I. THE DRAFT INITIAL ACCORD

The U.S. Mission’s request for clarification on the Draft Initial Accord Rev. 9 is at Annex I. The pertinent section reads:

OAS Draft Initial Accord: The July 9 letter from President Aristide states that 'Fanmi Lavalas has already accepted the (OAS Initial Draft) Accord and agreed to sign it.' We note, however, that the Accord attached in Appendix I of the Government of Haiti's document is specifically titled "Counterproposal by Fanmi Lavalas to the Draft Initial Accord, Rev. 9 of June 12, 2002." The Delegation of Haiti has submitted a draft resolution commending the GOH for endorsing the Accord, but it is unclear whether this endorsement refers to an endorsement of the counterproposal of Fanmi Lavalas, which we understand differs significantly from the OAS compromise proposal, or if it is an endorsement of the actual OAS Draft Initial Accord. If the latter, we believe it essential for this to be made clear in writing by both the Government of Haiti and the OAS. If the former, the Secretariat should clarify this ambiguity and point out all discrepancies between the Fanmi Lavalas counterproposal and the OAS Initial Draft Accord.

As stated in the Sixth Report, Rev. 9 of the Draft Initial Accord was presented to the political parties, Fanmi Lavalas and the Convergence Démocratique on June 12, 2002.

Fanmi Lavalas responded in writing on June 15 suggesting two changes and one addition. Perhaps the key change is that the counterproposal of Fanmi Lavalas introduced a general procedure linked to the Constitution of Haiti to replace the calendar of departure identified in Rev 9, the OAS compromise proposal. Depending on its implementation, particularly with regard to territorial authorities, the calendar of departure could have a substantial effect on the conduct of the electoral campaign. This counterproposal was later annexed to President Aristide’s more comprehensive letter of July 9, which supplemented the conditions agreed upon in the Draft Initial Accord (including provisions for constituting a Provisional Electoral Council and for electoral security), with a series of other commitments on human rights, press freedoms, and disarmament.

In response to the request for clarification, the Government of Haiti affirms, inter alia, that it sees itself as the guarantor of points agreed to in the Draft Initial Accord. The Government’s response stresses the need to respect the impact of any agreement on the Constitutionality and stability of Haitian institutions.

The Convergence Démocratique responses to the Draft Initial Accord Rev. 9 are far more numerous. Their original position, which was presented on July 11^th, 2002, was reproduced in the Sixth Report. Subsequently, following an initial exchange of correspondence over the period July 23-26, 2002 with the Chair of the Permanent Council (CP/INF. 4712/02), the Convergence again wrote to the Chairman of the Permanent Council on July 30, 2002 and presented a Modified Proposal, dated July 29, 2002, in response to the Draft Initial Accord Rev. 9. Although some evolution is registered, the proposed Convergence modifications reopen the November 26, 2000 elections, which have never been the subject of an OAS or Summit of the Americas mandate.

The text of the Draft Initial Accord Rev. 9 along with the positions of the Government of Haiti, the July 29 modified proposal of the Convergence Démocratique and comments by the Secretariat have been included in a comparative table which is attached to this report at Annex III.

II. IMPLEMENTATION OF CP/RES. 806 (1303/02) corr.1

CP/RES. 806 (1303/02) corr.1 contains a number of commitments assumed by the Government of Haiti (paragraphs (4) and (12); by the Government of Haiti and the Opposition (paragraphs (2) and (7); by the Government of Haiti and the OAS (paragraph (3); by the OAS (paragraphs (8), (9), (10), (11) and (14) and by the International Community (paragraphs (6) and (13)). The table at Annex IV lists all the commitments, their status and the identification of the OAS documentary source of information thereon.

Attention is also drawn to a document circulated at the request of the Permanent Mission of Haiti as document CP/INF. 4720/02 corr.1 entitled: “Actions Taken by the Government of Haiti to Comply with OAS Resolutions 806, 1841 and 1831 (as of July 18, 2002).”

The effectiveness of action taken by the Government of Haiti in keeping with its commitments under CP/RES. 806 has been a contentious issue between the opposition and the government.

· The opposition contends that only cosmetic actions have been taken by the government and that the government must itself be changed to reassure the actors of its willingness to create a climate of security that is conducive to a consensual solution to the current political and electoral crisis.

· The government indicates that it is fully committed to CP/RES. 806, is in the process of implementing it, and that full implementation will require both time and resources.

· OAS and CARICOM negotiators, and the Secretary General’s Group of Friends in Haiti have consistently stressed the importance of fully implementing CP/RES. 806, but have avoided making that a prerequisite for conclusion of the Initial Accord.

Section II a) below, provides the Secretariat’s update on the status of implementation of the resolution by the Government of Haiti, outlines action taken and identifies matters which affect implementation and thus could be said to be still outstanding. As noted earlier, it must be understood that this update is neither fully complete nor an authoritative guide to what remains to be done.

COMMITMENTS ASSUMED BY THE GOVERNMENT OF HAITI UNDER CP/RES. 806

a. 4(a): “The completion of a thorough, independent inquiry into the events related to December 17, 2001.”

Actions taken

· An independent inquiry was conducted by a special OAS-appointed Commission of Inquiry, consisting of three independent and distinguished international jurists. The Commission completed its investigation and issued its report in CP/INF. 4702/02 on July 1, 2002.

· In its communication of July 9, the Government of Haiti stated its readiness to implement the recommendations in the report.

b. 4(b): « The prosecution of any person, and dismissal, when appropriate, of any person found to be complicit in the violence of December 17, 2001 and subsequent days;»

Actions taken

· The Government of Haiti reports that on July 9, 2002, it delivered the full Report of the Commission of Inquiry into the Events of December 17, 2001 to the Minister of Justice, with instructions to thoroughly review the report, investigate all allegations of criminal activity in connection with the events of December 17, 2001, and to arrest and prosecute all those considered responsible for criminal activities.

· In addition, the Government also reports that it has instructed the Minister of Justice to publish a report within 60 days setting forth all actions taken toward these ends.

· According to the most recent information available, progress seems to have been made in the judicial investigation into the December 17, 2001 events, the judicial file having been transferred to the Parquet by the investigating judge for the next step of the criminal proceedings - the preparation of the «réquisitoire définitif » by the Parquet.

· On August 14, 2002 Mr. Reynold Georges, the leader of ALAH (one of the constituents of Convergence Démocratique) advised the Special Mission that the judicial authorities arrested Mr. Gardy Registre, the principal suspect in the burning of the ALAH headquarters on December 17, 2001.

Actions pending

· As of August 16, 2002 there have been investigations but no prosecutions of individuals explicitly charged with participating in the events of December 17, 2001.

· The Secretariat is unable to confirm the claim of the government that a team of three investigating judges was appointed to oversee the December 17^th cases. According to information available to it there was only one investigating judge, Bernard Saint-Vil, who has been appointed to this judicial investigation. It is not possible at this point to evaluate the extent and the quality of the judicial investigation conducted so far.

· The Commission of Inquiry alleged that Amiot Métayer alias « Cubain » was a principal perpetrator of violent activities on December 17, 2001 in the city of Gonaives. On July 3, 2002 he was arrested by the Haitian police and incarcerated. According to the Investigating Judge in Gonaives, Marcel Jean, Mr. Métayer was arrested for alleged participation in the burning down of some houses in the Jubilee neighborhood of Gonaives on May 12, 2002, an event unconnected to the events of December 17, 2001. On August 2, 2002, Mr. Métayer’s supporters crashed the prison walls and released him. They also burned down several State properties, including the Court of Gonaives.

· The same investigating judge, Bernard Saint-Vil, is assigned to the December 17, 2001 cases, to the killings of Jean Dominique and Jean-Claude Louissaint and (like other Haitian judges) to many other cases, raising questions as to whether his heavy caseload will permit sufficient attention on a timely basis.

c. 4(c): “The completion of a thorough inquiry into all politically-motivated crimes”

There is an inherent ambiguity in identifying any particular crime as “politically motivated” before a judicial determination as to its causes. During the debate and drafting of CP/RES. 806, two cases were mentioned: those of Jean Dominique and Brignol Lindor.

Actions taken

· On June 12, 2002, a non-exhaustive list of alleged politically-motivated crimes was discussed at the Papal Nunciature in Port-au-Prince in a meeting between President Aristide and leaders of the Opposition. The list was forwarded by the opposition to the Ministry of Justice on June 17, 2002. It includes the cases of Jean Dominique, Jean Claude Louissaint, Brignol Lindor, Ramy Darant, Marc André Diogène, Mireille Durocher Bertin, Pasteur Antoine Leroy, Jacques Florival, Deputy Jean Hubert Feuillé, Senator Yvon Toussaint, Father Jean Pierre-Louis, Colonel Jean Lamy, Colonel Max Mayard.

· Case of Jean Dominique: A new investigating Judge in the Dominique/Louissaint case - Judge Bernard Saint-Vil - was named on July 9, 2002. The judge indicated that Mrs. Michèle Montas the widow of Jean Dominique would be invited to testify in the case of her husband on Monday, August 19 as “partie civile” and that on Tuesday, August 20 and Thursday, August 22, the two suspects already in custody and Senator Dany Toussaint, respectively, would be interrogated further in the matter. Indications are that the judge will be proceeding in the case along the same lines as his predecessor Judge Claudy Gassant.

· Case of Brignol Lindor: The investigation into the Lindor killing continues. In April, the investigating Judge submitted his report which was returned to him by the Parquet in June as incomplete. There were two early arrests of individuals whose association with the case has not yet been proven. In June, there were two further arrests - this time of men known to be activists of Domi Nan Bwa, the organization that has publicly acknowledged attacking Lindor.

The municipality Council (“Cartel”) of Petit Goâve has been dismissed by the government, based on allegations of the participation of the deputy Mayor in the killing of Brignol Lindor.

Actions pending

· As noted earlier, Judge Saint-Vil is the same investigating judge in the December 17, 2001 cases, as in the killings of Jean Dominique and Jean-Claude Louissaint, and many other cases.

· No single inquiry has been completed so far.

· The Jean Dominique investigation, more than two years old, has been stymied at several points; two investigating judges abandoned it and a potentially strong witness died under suspicious circumstances. Judicial efforts to lift the parliamentary immunity of Senator Dany Toussaint who has been under investigation in the case, have been frustrated.

· As noted above, the government dismissed the municipal Council of Petit Goâve; however, no one, including the deputy mayor, has yet been indicted.

d. 4(d) “Reparation for organizations and individuals who suffered damages as a direct result of the violence of December 17, 2001”

Actions taken

· Advisory Council on Reparations: The Government of Haiti agreed to an OAS proposal that a three-member Advisory Council on Reparations be appointed to review claims for reparations arising from the events of December 17, 2001, and to make recommendations on the validity of each claim and the amount to be paid. The Government cooperated fully with the Advisory Council, and at the request of the OAS for a Government representative to the council, designated the Minister of Public Works, Harry Clinton, to serve on the Council with the President of the Haitian Insurance Association and the Director of the OAS Secretariat’s Department of International Law. The Advisory Council completed its review of all claims presented to it by early July 2002, and presented its findings to the Government as required under its terms of reference.

· Agreement to Pay Reparations. The State has formally agreed to pay reparations to any agencies, institutions, organizations and individuals who suffered damages in connection with the attack on the National Palace on December 17, 2001, in compliance with paragraph 4(d) of Resolution 806 and paragraph 9 of the Recommendations of the Commission of Inquiry into the Events of December 17, 2001.

· Agreement between the Government and Legal Representatives of the Convergence. On July 9, 2002, during the visit of an OAS/CARICOM mediation mission, the Minister of Justice and the opposition’s lawyers met at the request of Assistant Secretary General Einaudi, Head of the Mission. They signed a protocol on two principles: a) a negotiated settlement between the victims and the State on the payment of reparations; b) the Haitian Government committed itself, upon the signing of the said protocol, to make payment to each victim based on procedures established by the OAS Advisory Council on Reparations.

Actions pending

· The Secretariat has had no indication that there have been further discussions on the matter or that payments have actually been made on the basis of the above-mentioned protocol.

e. 4(e) “An invitation to the OAS to send representatives to Haiti to investigate and assess the situation and to assist the Government and people of Haiti in strengthening their democratic system and institutions"

The Government of Haiti issued such an invitation and on March 1, 2002 the Government signed a formal agreement with the OAS to establish an OAS Special Mission to Strengthen Democracy in Haiti.

The Special Mission began its work in April 2002 in the areas of security, justice, human rights and democratic development, governance and institution-building. It has been working closely with the Government to strengthen a number of key institutions, with priority being accorded to the police service. The Mission’s approach has been to seek maximum involvement of the Haitian Government and private sector entities so as to multiply benefits and increase the likelihood of lasting benefits.

f. 4(f) “An invitation to the Inter-American Commission on Human Rights (IACHR) to conduct an on-site visit to Haiti”

Action taken

The Government of Haiti invited the IACHR, which accepted the invitation and conducted an on-site visit in May with the full support and cooperation of the Government. The IACHR team issued a detailed press statement on May 31 at the conclusion of their visit and plan to submit soon their full report. The next regular visit is scheduled between August 21^st and 29^th, and includes plans for hearings, case reviews and two seminars on the Inter-American human rights system.

III. THE SECRETARY GENERAL’S GOOD OFFICES WITH INTERNATIONAL FINANCIAL INSTITUTIONS

In keeping with the request made by the Permanent Mission of the United States, both the Government of Haiti and the Inter-American Development Bank were consulted. In keeping with AG/RES. 1841, the General Secretariat also took the opportunity of the preparation of this report to enquire of the World Bank the current status with respect to ongoing or intended discussions with the Government of Haiti.

A. The Inter-American Development Bank

In a preliminary reaction to the request for information, the Bank confirmed to the Secretariat that a Technical Mission visited Haiti from July 28^thto August 3^rd2002 and that the Technical Mission’s terms of reference were to take the first step in working with the Government on the financial and technical actions needed to prepare for an eventual reactivation of its loan program with Haiti. The Bank further advised that the mission was successful in achieving its terms of reference, with commitments having been provided regarding payment of arrears, reformulation of signed loan operations and continuation of a development dialogue.

The Technical Mission found a competent counterpart team and intends to propose that the Bank continue to work with the Government toward eventual reactivation. As at the time of preparation of this report, the Bank's Management was preparing a Mission Report that is expected to be considered by the Board of Executive Directors after it returns from its recess later this month.

The Government of Haiti advised that it agreed with the preliminary reaction provided by the IDB, and that it is looking forward to the reestablishment of the partnership between Haiti and the IADB (Annex II A (1) Letter dated August 2, 2002 from the Minister of Economy and Finance to the President of the Inter-American Development Bank).

B. The World Bank

The World Bank has advised that its IDA portfolio in Haiti was suspended as of January 29, 2001, due to arrears, and that Haiti was placed on non-accrual status with the Bank on September 17, 2001. Subsequently all projects closed on December 31, 2001.

At the Bank’s February 2002 Haiti Contact Group Meeting, the donor community agreed that fully normalizing relations with the Government of Haiti would be contingent upon a resolution of the political crisis, a track record of prudent macro-economic policy, as demonstrated by several months of adherence to an IMF staff monitored program, and demonstrated commitment to improve governance.

This position notwithstanding, the World Bank has been preparing a Support Strategy which proposes to channel grant assistance to the OAS Special Mission to Haiti for activities to strengthen governance. Approval has been granted for a US$1 million grant from the Post Conflict Fund to support this initiative, once the details of the proposed program with the Special Mission have been finalized.

As part of its Support Strategy, the World Bank also plans to prepare an Institutional and Governance Review within the next eighteen months, a Poverty Assessment with focus on Hispaniola issues in 2004, and to continue supporting donor coordination and dialogue on Haiti.

The World Bank looks forward to continuing dialogue and cooperation with the OAS and, as soon as conditions allow, to renewing its engagement with the Government of Haiti.

IV. ROLE OF THE OAS SPECIAL MISSION FOR STRENGHTHENING DEMOCRACY IN HAITI

The Commission of Inquiry recommended that “the donor community assign additional funds to finance the economic, social and institutional strengthening programs for Haiti.” A strengthened Special Mission could discharge additional responsibilities in support of the commitments of the Government of Haiti and accompany the full implementation of 806 and other undertakings through certain safeguards, e.g. a calendar, benchmarks, and monitoring and reporting. This would require both the authority of a Permanent Council resolution giving the Secretariat and the Mission an appropriate mandate and instructions and the funding necessary to carry them out.

That a partnership involving the Haitian State, the Special Mission, and Haitian private entities is a formula that can be productive for all concerned has been evident in key aspects of the work of the Special Mission since April, 2002. It is clear, however, that to carry out the existing mandate of the Special Mission to assist Haiti to strengthen democracy and in the areas of security, justice, human rights and governance will require resources above the approximately US $3 Million now in prospect. Additionally, most of the funds under active current discussion are subject to conditions on when or where they may be spent, conditions consistent with the rules and policies of the donor organizations. The result is that funds for the key area of security in particular are to date in short supply.

In addition to the mandates already set out last spring in the Secretary General’s Report of April 3, 2002, the Special Mission could also be required to assist with implementation of provisions of the “Initial Accord,”as well as other undertakings of the Haitian parties and of the International community to them. To name but two areas, security is of importance and a national dialogue is another area where the Mission is expected to play a role.

Of critical importance, it is reasonable to suppose that the OAS and its Special Mission will be called upon to help plan, coordinate, observe and assist in other ways the work of the Haitian leadership in any forthcoming elections. Funding for the bulk of this OAS work would need to be provided separately.

Revision 9 of the OAS Initial Draft Accord of June 12, 2002

and

Modifications by Fanmi Lavalas

submitted June 15, 2002

(original texts in French)

Key:

~~Stricken text~~ = Rev. 9

Bold text = Fanmi Lavalas modifications

The undersigned, political parties, civil society organizations, and churches, reaffirm our deep conviction that the political crisis must be resolved and democratic institutions 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:

■ Convergence Démocratique acknowledges and accepts the results of the (presidential and one-third of the Senate) elections of November 26, 2000.

■ Fanmi Lavalas agrees to organize new elections for the legislature and territorial communities in xxx 2003, on a date to be chosen by the Provisional Electoral Council (CEP).

A presidential decree or the next elected parliament (with the participation of the two parties) will ratify and legitimize all appropriate acts, work, and tasks undertaken (during their time in office) by those who held office as a result of the elections of May 21, 2000.

I. The formation of a new, credible, independent, and neutral Provisional Electoral Council (CEP).

We agree to participate in the appointment of 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:

a. To organize, in 2003, elections to replace members of Parliament who were elected on May 21, 2000;

b. Elections for the territorial communities. The indirect elections will be held after those of the territorial communities.

c. To name the executive officers of the CEP, charged with carrying out its decisions.

d. To review the qualifications of the CEP staff to verify that they meet the requirements of professionalism, expertise, impartiality, and fairness. If necessary, the CEP may name new staff possessing those qualities.

e. The CEP shall receive full financial and technical support from the Government of Haiti to ensure its autonomy and its ability to fulfill its duties without interference. In addition, the Government shall take all the necessary decisions and measures to guarantee the security and protect the autonomy of the CEP members, of its staff and advisers, of the candidates, of political militants, and of citizens, so that they may fully exercise their political rights throughout the national territory.

f. The CEP may request and receive logistical, technical, and financial assistance from the international community through the state.

DEPARTURE SCHEDULE

A. Senators and Deputies

Those who entered Parliament as a result of the elections of May 21, 2000 shall remain at their post until the arrival of their successors, who will take up office within a normal period of time following proclamation of the results of the elections.

B. Territorial Communities

Once the Accord is signed, local elected representatives in violation of the Constitution and the law will be removed from office in accordance with Article 72 of the Constitution. The vacancies thereby created will be filled in accordance with the Constitution. However, bearing in mind the lack of a Departmental Council, these local representatives will be replaced on the basis of consensus.

Local representatives (with the exception of those who will be removed for abusing their office) will be entitled to remain at their posts until the newly elected representatives are sworn in.

Under electoral law, the CEP may, at its discretion, reject any person it deems to be unacceptable as a candidate for election.

A compensation scheme could be drawn up to cover the loss of income occasioned by the shortening of the terms of office.

The remaining local representatives will remain at their posts until the swearing-in of their successors and their return to office. The performance of all the local representatives will be monitored prior to the elections in accordance with constitutional precepts.

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 Commission, 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 Commission (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 Special Mission on Strengthening Democracy in Haiti 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.

· The EGC will carry out its functions all over the country in accordance with the Electoral Law and the instructions of the Provisional Electoral Council.

· Any instances of fraud or grave irregularities reported to the EGC by any interested party entitle it to refer the matter instantly to the CEP for legal action.

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 Special Mission on Strengthening Democracy in Haiti, 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. Strengthening of democracy and of opportunities for participation, including an institutional framework for political parties.9

c. Human rights.

d. Economic and social development.

e. Governance and transparency.

IV. Arrangements for the appointment of the members of the CEP

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.

V. Provisions regarding international cooperation

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 or Chamber of Commerce and Industry

Fondation Nouvelle Haiti

Center for Free Enterprise and Democracy Organization of American States

Caribbean Community European Union Dean of the Diplomatic Corps

Canada France

United States of America Dominican Republic

Chile

Seen and approved by the Government of Haiti

annex iii: comparative table of the draft initial accord rev. 9 and of the responses of the government of haiti and of the convergence dÉmocratique, with comments by the general secretariat

EXPLANATORY NOTE

This document compares the drafts of the Initial Accord presented by:

· the OAS

· Fanmi Lavalas

· Convergence Démocratique

The first column contains the text of the draft Initial Accord presented to Fanmi Lavalas and Convergence Démocratique by the OAS on June 12, 2002. This text was attached as Appendix I to the Sixth Report of the Mission of the Organization of American States to Haiti (CP/doc.3625/02 coor.3).

The second column contains the counterproposal presented to the OAS by Fanmi Lavalas on June 15, 2002. This text was attached as Appendix II B to the Sixth Report of the Mission of the Organization of American States to Haiti (CP/doc.3625/02 corr.3).

The third column contains the draft presented by Convergence Démocratique on July 29, 2002, through a note addressed to the Chair of the Permanent Council.

It should be noted that the Convergence Démocratique draft of July 29, 2002, lists the topics in a different order from that used in the draft Initial Accord rev. 9 and in the Fanmi Lavalas draft.

For purposes of comparing the three texts, this document has maintained the order of topics set out in revision 9 and, in the “comments” column, has indicated the location of the corresponding paragraphs in the Convergence Démocratique draft.

Furthermore, the amendments proposed by the parties to the Initial Accord presented by the OAS are in italics and underlined. Lastly, new or alternative paragraphs presented by the parties appear in bold.

Draft Initial Accord Rev. 9 06/12/02 (Original: French)	Counterproposal of Fanmi Lavalas 06/15/02 (Original: French)	Response of Convergence Démocratique 07/29/02 (Original : French)	Comments
We, the undersigned, political parties, civil society organizations, and churches, reaffirm our deep conviction that the political crisis must be resolved and democratic institutions 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: · Convergence Démo-cratique acknowledges and accepts the results of the (presidential and one-third of the Senate) elections of November 26, 2000. · Fanmi Lavalas agrees to organize new elections for the legislature and territorial communities in xxx 2003, on a date to be chosen by the Provisional Electoral Council (CEP). A presidential decree or the next elected parliament (with the participation of the two parties) will ratify and legitimize all appropriate acts, work, and tasks undertaken (during their time in office) by those who held office as a result of the elections of May 21, 2000. I. The formation of a new, credible, independent, and neutral Provisional Electoral Council (CEP). We agree to participate in the appointment of 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: a. To organize, in xxx 2003, elections to replace members of Parliament who were elected on May 21, 2000; b. Elections for the territorial communities. The indirect elections will be held after those of the territorial communities. c. To name the executive officers of the CEP, charged with carrying out its decisions. d. To review the qualifications of the CEP staff to verify that they meet the requirements of professionalism, expertise, impartiality, and fairness. If necessary, the CEP may name new staff possessing those qualities. e. The CEP shall receive full financial and technical support from the Government of Haiti to ensure its autonomy and its ability to fulfill its duties without interference. In addition, the Government shall take all the necessary decisions and measures to guarantee the security and protect the autonomy of the CEP members, of its staff and advisers, of the candidates, of political militants, and of citizens, so that they may fully exercise their political rights throughout the national territory. f. The CEP may request and receive logistical, technical, and financial assistance from the international community through the state. DEPARTURE SCHEDULE A. Senators and Deputies Those who entered Parliament as a result of the elections of May 21, 2000 shall remain at their post until the arrival of their successors, who will take up office within a normal period of time following proclamation of the results of the elections. B. Territorial Communities Once the Accord is signed, a number of local officials (determined by consensus between Fanmi Lavalas and Convergence Démocratique) will be removed from office for abusive behavior. Their successors, recommended by the Electoral Guarantees Commission from among honest individuals, shall be appointed Executive Agents until the newly elected officials assume their functions. Outgoing officials (with the exception of those who will be removed for abusive behavior) will be entitled to remain at their posts until the elected officials are sworn in. The CEP may, at its discretion, reject any person it deems to be unacceptable as a candidate for election. A compensation scheme could be drawn up to cover the loss of income occasioned by the shortening of the terms of office. The remaining local representatives will remain at their posts until the swearing-in of their successors and their return to office. As described in the existing OAS proposal, however, the Electoral Guarantees Commission will monitor the performance of all the local representatives prior to the elections. 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 Commission, 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 Commission (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 observation 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 Special Mission for Strengthening Democracy in Haiti will participate as a witness. · It 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. · The Electoral Guarantees Commission 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 CASECS. They will have access to the documents issued by these communities and will be authorized to investigate the documentation and testimony concerning the activities of the communes and the CASECS. Committees established at the departmental level will have investigatory power over state assets and personnel in each district. · Should instances of fraud or grave irregularities be detected in respect of the Constitution, the electoral law, or this Accord, these departmental and communal committees will transmit the results of their investigations to the national Commission. The EGC may then ask the Government and the Judiciary to take adequate measures, in particular, under Articles 72 and 73 of the Constitution. The EGC will also transmit the file to the Electoral Observation Mission (MOE) and the OAS Mission in Port-au-Prince. 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 Accord and with the backing of the Government of Haiti and the OAS Special Mission for Strengthening Democracy in Haiti, 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. Strengthening of democracy and of opportunities for participation, including an institutional framework for political parties. c. Human rights. d. Economic and social development. e. Governance and transparency. IV. Arrangements for the appointment of the members of the CEP 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 Reformed Churches 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. V. Provisions regarding international cooperation 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 Canada France United States of America Dominican Republic Chile Seen and approved by the Government of Haiti	We, the undersigned, political parties, civil society organizations, and churches, reaffirm our deep conviction that the political crisis must be resolved and democratic institutions 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: · Convergence Démo-cratique acknowledges and accepts the results of the (presidential and one- third of the Senate) elections of November 26, 2000. · Fanmi Lavalas agrees to organize new elections for the legislature and territorial communities in xxx 2003, on a date to be chosen by the Provisional Electoral Council (CEP). A presidential decree or the next elected parliament (with the participation of the two parties) will ratify and legitimize all appropriate acts, work, and tasks undertaken (during their time in office) by those who held office as a result of the elections of May 21, 2000. I. The formation of a new, credible, independent, and neutral Provisional Electoral Council (CEP). We agree to participate in the appointment of 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: a. To organize, in xxx 2003, elections to replace members of Parliament who were elected on May 21, 2000; b. Elections for the territorial communities. The indirect elections will be held after those of the territorial communities. c. To name the executive officers of the CEP, charged with carrying out its decisions. d. To review the qualifications of the CEP staff to verify that they meet the requirements of professionalism, expertise, impartiality, and fairness. If necessary, the CEP may name new staff possessing those qualities. e. The CEP shall receive full financial and technical support from the Government of Haiti to ensure its autonomy and its ability to fulfill its duties without interference. In addition, the Government shall take all the necessary decisions and measures to guarantee the security and protect the autonomy of the CEP members, of its staff and advisers, of the candidates, of political militants, and of citizens, so that they may fully exercise their political rights throughout the national territory. f. The CEP may request and receive logistical, technical, and financial assistance from the international community through the state. DEPARTURE SCHEDULE A. Senators and Deputies Those who entered Parliament as a result of the elections of May 21, 2000 shall remain at their post until the arrival of their successors, who will take up office within a normal period of time following proclamation of the results of the elections. B. Territorial Communities Once the Accord is signed, local elected representatives in violation of the Constitution and the law will be removed from office in accordance with Article 72 of the Constitution. The vacancies thereby created will be filled in accordance with the Constitution. However, bearing in mind the lack of a Departmental Council, these local representatives will be replaced on the basis of consensus. Local representatives (with the exception of those who will be removed for abusing their office) will be entitled to remain at their posts until the newly elected representatives are sworn in. Under the Electoral Law, the CEP may, at its discretion, reject any person it deems to be unacceptable as a candidate for election. A compensation scheme could be drawn up to cover the loss of income occasioned by the shortening of the terms of office. The remaining local representatives will remain at their posts until the swearing-in of their successors and their return to office. The performance of all the local representatives will be monitored prior to the elections in accordance with constitutional precepts. 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 Commission, 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 Commission (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 observation 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 Special Mission for Strengthening Democracy in Haiti will participate as a witness. · It 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. · The EGC will carry out its functions all over the country in accordance with the Electoral Law and the instructions of the Provisional Electoral Council. · Any instances of fraud or grave irregularities reported to the EGC by any interested party entitle it to refer the matter instantly to the CEP for legal action. 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 Accord and with the backing of the Government of Haiti and the OAS-CARICOM Special Mission for Strengthening Democracy in Haiti, 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. Strengthening of democracy and of opportunities for participation, including an institutional framework for political parties. c. Human rights. d. Economic and social development. e. Governance and transparency.

Draft Initial Accord Rev. 9

06/12/02

(Original: French)

Counterproposal of

Fanmi Lavalas

06/15/02

(Original: French)

Response of

Convergence Démocratique

07/29/02

(Original : French)

Comments

We, the undersigned, political parties, civil society organizations, and churches, reaffirm our deep conviction that the political crisis must be resolved and democratic institutions 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:

· Convergence Démo-cratique acknowledges and accepts the results of the (presidential and one-third of the Senate) elections of November 26, 2000.

· Fanmi Lavalas agrees to organize new elections for the legislature and territorial communities in xxx 2003, on a date to be chosen by the Provisional Electoral Council (CEP).

I. The formation of a new, credible, independent, and neutral Provisional Electoral Council (CEP).

The CEP shall have the following mandates, responsibilities, authority, and guarantees:

a. To organize, in xxx 2003, elections to replace members of Parliament who were elected on May 21, 2000;

b. Elections for the territorial communities. The indirect elections will be held after those of the territorial communities.

c. To name the executive officers of the CEP, charged with carrying out its decisions.

f. The CEP may request and receive logistical, technical, and financial assistance from the international community through the state.

DEPARTURE SCHEDULE

A. Senators and Deputies

B. Territorial Communities

Once the Accord is signed, a number of local officials (determined by consensus between Fanmi Lavalas and Convergence Démocratique) will be removed from office for abusive behavior. Their successors, recommended by the Electoral Guarantees Commission from among honest individuals, shall be appointed Executive Agents until the newly elected officials assume their functions.

Outgoing officials (with the exception of those who will be removed for abusive behavior) will be entitled to remain at their posts until the elected officials are sworn in.

The CEP may, at its discretion, reject any person it deems to be unacceptable as a candidate for election.

A compensation scheme could be drawn up to cover the loss of income occasioned by the shortening of the terms of office.

The remaining local representatives will remain at their posts until the swearing-in of their successors and their return to office. As described in the existing OAS proposal, however, the Electoral Guarantees Commission will monitor the performance of all the local representatives prior to the elections.

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 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 request technical assistance for the National Police to help with the preparation and implementation of security plans.

The CEP establishes an Electoral Guarantees Commission (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 observation 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 Special Mission for Strengthening Democracy in Haiti will participate as a witness.

· It 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.

· The Electoral Guarantees Commission 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 CASECS. They will have access to the documents issued by these communities and will be authorized to investigate the documentation and testimony concerning the activities of the communes and the CASECS. Committees established at the departmental level will have investigatory power over state assets and personnel in each district.

· Should instances of fraud or grave irregularities be detected in respect of the Constitution, the electoral law, or this Accord, these departmental and communal committees will transmit the results of their investigations to the national Commission. The EGC may then ask the Government and the Judiciary to take adequate measures, in particular, under Articles 72 and 73 of the Constitution. The EGC will also transmit the file to the Electoral Observation Mission (MOE) and the OAS Mission in Port-au-Prince.

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 Accord and with the backing of the Government of Haiti and the OAS Special Mission for Strengthening Democracy in Haiti, 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. Strengthening of democracy and of opportunities for participation, including an institutional framework for political parties.

c. Human rights.

d. Economic and social development.

e. Governance and transparency.

IV. Arrangements for the appointment of the members of the CEP

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 Reformed Churches 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.

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.

V. Provisions regarding international cooperation

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

Canada

France

United States of America

Dominican Republic

Chile

Seen and approved by the Government of Haiti

· Convergence Démo-cratique acknowledges and accepts the results of the (presidential and one- third of the Senate) elections of November 26, 2000.

· Fanmi Lavalas agrees to organize new elections for the legislature and territorial communities in xxx 2003, on a date to be chosen by the Provisional Electoral Council (CEP).

I. The formation of a new, credible, independent, and neutral Provisional Electoral Council (CEP).

The CEP shall have the following mandates, responsibilities, authority, and guarantees:

a. To organize, in xxx 2003, elections to replace members of Parliament who were elected on May 21, 2000;

b. Elections for the territorial communities. The indirect elections will be held after those of the territorial communities.

c. To name the executive officers of the CEP, charged with carrying out its decisions.

f. The CEP may request and receive logistical, technical, and financial assistance from the international community through the state.

DEPARTURE SCHEDULE

A. Senators and Deputies

B. Territorial Communities

Local representatives (with the exception of those who will be removed for abusing their office) will be entitled to remain at their posts until the newly elected representatives are sworn in.

Under the Electoral Law, the CEP may, at its discretion, reject any person it deems to be unacceptable as a candidate for election.

A compensation scheme could be drawn up to cover the loss of income occasioned by the shortening of the terms of office.

The remaining local representatives will remain at their posts until the swearing-in of their successors and their return to office. The performance of all the local representatives will be monitored prior to the elections in accordance with constitutional precepts.