OEA/Ser.G

CP/doc.3625/02 corr.3

28 August 2002

Original: English/French

SIXTH REPORT OF THE MISSION OF THE

ORGANIZATION OF AMERICAN STATES TO HAITI

This document is being distributed to the permanent missions and

will be presented to the Permanent Council of the Organization.

EXPLANATORY NOTE

This corrigendum has been published so as to harmonize the translation of the text of the Draft Initial Accord Rev. 9 with the translations of the Counterproposal of the Fanmi Lavalas, forwarded under cover of President Aristide’s letter of July 9, 2002, and of the response of the Convergence Démocratique, forwarded under cover of a letter dated July 11, 2002.

http://scm.oas.org/pdfs/2002/cp10145.pdf.

SIXTH REPORT OF THE MISSION OF THE

ORGANIZATION OF AMERICAN STATES TO HAITI^[1]/

(THE CONTINUING EFFORT TO FACILITATE A SOLUTION TO THE POLITICAL CRISIS)

On June 4, 2002, the thirty-second regular session of the General Assembly of the OAS adopted resolution AG/RES. 1841 (XXXII-O/02), "The Situation in Haiti." Among other things, this resolution called upon "the Government of Haiti, all Haitian political parties, and civil society to provide full support for the dialogue process and for the activities and recommendations of the OAS Special Mission, the Commission of Inquiry, and the Advisory Council on Reparations." It also urged "the Government of Haiti and all political parties to resume, in the spirit of compromise, negotiations aimed at achieving a solution to the crisis and, taking into consideration the Government of Haiti's constitutional electoral prerogatives, establishing a timetable for technically feasible legislative and local elections supervised by an independent, credible, and neutral electoral council."

Since the General Assembly, Assistant Secretary General Luigi Einaudi and the Foreign Minister of Saint Lucia and Chairman of the CARICOM Council on Foreign Relations (COFCOR), Senator the Honorable Julian Hunte, have traveled to Haiti on two occasions, visiting Port-au-Prince on June 10-18 and again July 5-10. On both occasions, the Assistant Secretary General and the Foreign Minister held numerous consultations with the President, the Prime Minister, Fanmi Lavalas, Convergence Démocratique, Initiative de la Société Civile, and the Churches, as well as with the Secretary General's Group of Friends on Haiti.

On June 12, Messrs. Hunte and Einaudi presented to the political parties, Fanmi Lavalas and the Convergence Démocratique, Rev. 9 of the Initial Draft Accord (Annex 1). Rev. 9 was nothing more than a merger of Rev. 8 as it stood in July 2001 and the compromise elements submitted to the parties in early December 2001. To avoid confusion, no language was added or deleted.

On June 14, Fanmi Lavalas responded to the document, accepting it as "a basis for negotiation." On June 15, this positive response was put into writing. Convergence Démocratique, in a letter not received until June 21, conditioned the making of any response to prior "concrete acts" by the government on matters discussed between their representatives and President Aristide at an unprecedented face-to-face meeting on June 15 at the residence of the Papal Nuncio.

The June 15 meeting, the first in which the parties had met since President Aristide assumed office, was one that the Assistant Secretary General and the Foreign Minister had encouraged with support from the Group of Friends and with the facilitation of the President of the Bishop's Council of the Catholic Church, Bishop Hubert Constant.

The issues put forward by Convergence Démocratique at the face-to-face meeting centered on rule of law matters related for the most part to specific cases within categories addressed generally in paragraph 4 of CP/ RES. 806 (1303/02) corr.1 of January 16, 2002^[2]. ^/ These issues are indeed of great importance, are key to the work of the OAS Special Mission, and are considered in process by the government of Haiti. These and other security concerns, including disarmament (which is not mentioned in CP/RES. 806), have been and remain persistent elements of the continuing dialogue maintained by both the OAS and CARICOM with Haitian authorities at the highest levels. But Assistant Secretary General Einaudi and Foreign Minister Hunte have also repeatedly made clear that they did not see these as preconditions to the conclusion of what has always been understood to be an Initial Accord to enable Haitians to begin to resolve their differences democratically.

On July 1, the Report of the Commission of Inquiry into the Events of December 17, 2002 in Haiti was circulated to all member states. That week the Advisory Council on Reparations concluded its work and submitted its final report to the Ministerial Committee relating to compensation for the victims who suffered loss as a result of the events of December 17, 2001.^[3]/

Between July 5 and 10, 2002, Assistant Secretary General Einaudi returned to Haiti hoping to conclude the Accord. Foreign Minister Hunte joined him on July 6, and they both began a new round of consultations with all parties. At the end of their visit, the President of Haiti provided another document setting out his Government's commitment in a number of areas covered by the draft initial accord and the recommendations of the Commission of Inquiry. Convergence Démocratique undertook to submit its response subsequently, and it was indeed received on July 11.

Both responses are attached. The President’s letter of July 3, (with three attachments) is appended as Annex II; the response of the Convergence Démocratique is appended as Annex III.

There was no agreement on the sections printed in bold

__________________________________________________________________________

APPENDIX I

(Original: French)

Rev. 9 June 12, 2002

DRAFT INITIAL ACCORD

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 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 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 sh