OEA/Ser.G

CP/doc.3609/02 corr. 1

21 May 2002

Original: Spanish/English

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SITUATION IN HAITI:  REPORT OF THE SECRETARY GENERAL

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

AND AG/RES. 1831 (XXXI-O/01)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This document is being distributed to the permanent missions and

will be presented to the Permanent Council of the Organization.


ORGANIZATION OF AMERICAN STATES

                                                                                                 WASHINGTON, D.C.

 

 

 

 

THE SECRETARY GENERAL

 

 

May 21, 2002

 

 

 

Excellency:

 

I have the honor to address Your Excellency to transmit the Report of the Secretary General on the situation in Haiti pursuant to resolutions CP/RES. 806 (1303/02) corr. 1 and AG/RES. 1831 (XXXI-O/01).

 

Accept, Excellency, renewed assurances of my highest consideration.

 

 

 

 

 

                                                                                                              César Gaviria

 

 

 

 

 

 

Her Excellency

Ambassador Margarita Escobar

Permanent Representative of El Salvador

Chair of the Permanent Council

  of the Organization of American States

Washington, D.C.

 

 


TABLE OF CONTENTS

 

 

Page

 

I.          Background.................................................................................................................... 1

 

II.         The Commission of Inquiry into the Events of December 17, 2001...................................... 1

 

III.       The Advisory Council on Reparations............................................................................... 2

 

IV.       The OAS Special Mission for Strengthening Democracy in Haiti........................................ 3

 

V.        May 10, 2002 Meeting with President Aristide................................................................... 5

 

VI.       The Negotiating Process May 12 to 15 Visit...................................................................... 5

 

VII       Resource Mobilization...................................................................................................... 6

 

VII.      Conclusion/Observations.................................................................................................. 6

 

 

APPENDIX I         First Interim Report of the Secretary General.................................................. 9

                              Special OAS Mission................................................................................... 19

                              Agreement on Special Mission...................................................................... 31

                              Terms of Reference for a Commission of Inquiry.......................................... 37

                              Terms of Reference Advisory Council.......................................................... 39

                              Initial Draft Accord..................................................................................... 41

                              Draft Budget for Special Mission.................................................................. 47

                              Offers of Support........................................................................................ 51

 

APPENDIX II        Contributions received as of May 17 2002..................................................... 53

 

 


SITUATION IN HAITI:  REPORT OF THE SECRETARY GENERAL ON THE IMPLEMENTATION OF CP/RES. 806 (1303/02) CORR. 1 AND AG/RES. 1831 (XXXI-O/01)

 

 

I.                    BACKGROUND

 

The OAS has been actively involved since August 2000 in attempting to find a resolution of difficulties arising from legislative and municipal elections of May 21, 2000 in Haiti.  Since that time, the Secretary General and Assistant Secretary General have undertaken numerous missions in the course of which they have succeeded in brokering face-to-face negotiations between the Government of Haiti and opposition political parties.  An Initial Accord has been almost completed but its completion has been set back twice by violence, on July 28 and December 17, 2001.

 

On January 15, 2002, the Permanent Council of the Organization of American States convened in Special Session to consider the situation in Haiti, following an armed attack on the National Palace in Port-au-Prince, during the early hours of December 17, 2001. During that meeting, the Council approved a resolution, “The Situation in Haiti,” published as CP/RES. 806 (1303/02) corr. 1 of January 16.  Resolution 806 reiterates a number of mandates contained in AG/RES. 1831 (XXXI-O/01).  It also instructs the Secretary General and the Permanent Council to undertake certain specific actions in respect of Haiti and to report thereon to the General Assembly, as appropriate.

 

On April 3, 2002, the Secretary General presented to the Permanent Council the First Interim Report on the Implementation of CP/RES. 806 (1303/02), (CP/doc.3567/02), a copy of which is attached as Appendix I to the present report of the Secretary General.  That interim report outlines the range of activities undertaken in the months preceding April 3 and constitutes an integral part of the full report to the 32nd Regular Session of the General Assembly required by resolution CP/RES. 806.

 

The present report, with Appendices, is hereby submitted in fulfillment of the reporting requirement contained in AG/RES. 1831 and CP/RES. 806.

 

 

II.                 THE COMMISSION OF INQUIRY INTO THE EVENTS OF DECEMBER 17, 2001

 

On April 4, the Secretary General appointed a Commission of Inquiry to examine the acts of violence which took place in Haiti on December 17 and to make recommendations to the Secretary General and to the Haitian authorities based on its findings of fact. The Commission comprises three jurists, Nicholas Liverpool of Dominica, nominated by the Caribbean Community (CARICOM); Roberto Flores Bermúdez, former Foreign Minister of Honduras; and Alonso Gómez Robledo, a professor of international law from Mexico.

 

Following meetings at OAS headquarters on April 5, the Commissioners traveled to Haiti from April 8 to 21 for the first phase of their work.  During this period they held hearings both in Port-au-Prince and in the Provinces to receive depositions from persons who were affected by the events of December 17.  The Commissioners returned to Haiti on May 13 to commence the second phase of their enquiry.  They are expected to conclude their work around June 30, 2002.

 

The Executive Secretary of the Commission is Dr. Bertha Santoscoy, on leave from the Inter-American Commission on Human Rights (IACHR).

 

 

III.               THE ADVISORY COUNCIL ON REPARATIONS

 

On May 13, the Secretary General announced the establishment of the Advisory Council on Reparations, in accordance with CP/RES. 806 (1303/02) corr. 1 by which the Permanent Council had called upon the Government of Haiti “…to pursue diligently all efforts to restore a climate of security that is a necessary condition for resuming OAS-sponsored negotiations,” including, among other things, “reparations for organizations and individuals who suffered damages as a direct result of violence of December 17, 2001.”

 

The structure of the Council is the result of agreement between the Secretary General and the Government of Haiti. The Government’s appointee on the Council is Minister of Public Works, Mr. Harry Clinton, while the Secretary General has appointed Mr. Fritz de Catalogne, the Head of the Insurance Association in Haiti, who was recommended jointly by private sector institutions and the Churches in Haiti.  Mr. Jean-Michel Arrighi, the Director of the Department of International Law of the OAS Secretariat for Legal Affairs, has been designated by the Secretary General as his personal representative on the Council.

 

The Advisory Council began its work on May 13.  The Council will, among other things, “make an assessment of any and all physical injuries, loss of life or other physical detriment suffered as a direct result of the violence on December 17, 2001, and continued for several days thereafter and to make an inventory of the physical damage stemming from the attack on the National Palace, the ransacking and burning of the headquarters of political parties of the opposition, of the private residences of leaders of Convergence Démocratique, and of cultural and academic centers, foreign or national, in Port-au-Prince and in other cities and localities.”

 

The Advisory Council on Reparations, mandated to present recommendations to the Inter-Ministerial Committee formed by the Government of Haiti for the purpose of registering demands for damages and proceeding to make reparation, began its work immediately.  To fulfill its advisory functions, the Advisory Council on Reparations decided to establish a framework distinguishing categories of occurrences and damage and expeditious ways and procedures for assessing each category on its merits.  That general framework will be completed in the next few days.

 

Simultaneously, the Advisory Council on Reparations hopes to be able to receive the information to be forwarded to the Haitian authorities regarding complaints submitted in order to proceed to study individual cases. Although the Advisory Council on Reparations will not attempt an exhaustive assessment of all of them, it will establish parameters that will enable the national offices in charge of reparations for the victims to make a rapid calculation of damages.  The Advisory Council on Reparations hopes to be able to submit its recommendations to the Inter-Ministerial Committee as soon as possible, thereby contributing to the swift culmination of the reparation process and satisfactory settlement of claims.

 

 

IV.              THE OAS SPECIAL MISSION FOR STRENGTHENING DEMOCRACY IN HAITI

 

On April 4, 2002, the Secretary General announced the appointment of David Lee, former Special Coordinator for Haiti within the Canadian Foreign Ministry, as Chief of the Special Mission for Strengthening Democracy in Haiti, and Ambassador Denneth Modeste, Advisor to the Assistant Secretary General, as Deputy Chief of Mission.  The Special Mission began to be deployed upon the arrival in Haiti of the Deputy Chief of Mission on April 10, and the Chief of Mission on April 20.  Arrangements were made for the engagement of the necessary administrative personnel and logistical support to facilitate the work of the Mission.  Additionally, efforts are ongoing to identify experts for the four core areas of the Special Mission, viz security, justice, human rights and governance.

 

Since their arrival, the Chief and Deputy Chief of Mission have held a series of meetings with the Special Representative of the Secretary General, Ambassador Sergio Romero, with officials of the Government of Haiti, with the political opposition, the Port-au-Prince-based representatives of the Secretary General’s Group of Friends on Haiti, Civil Society and the private sector pursuant to a program of activities.

 

The Chief and Deputy Chief of the Special Mission also met with the main multilateral and bilateral aid organizations (governmental); with a view to becoming informed on what is being done in the areas of work related to the Mission’s mandate, and ascertaining where and how cooperation could be pursued most effectively.

 

At each meeting, the Mission’s approach was to outline the activities to be undertaken under CP/RES. 806 of January 16, 2002.  The presentation included information on the Commission of Inquiry into violent incidents in Haiti on December 17, 2001, and subsequent days; the Advisory Council on Reparations for victims of the violence; the negotiations to resolve the political crisis stemming from inconclusive legislative and municipal elections on May 21, 2000; and the necessary follow-up from the recommendations to be made by the Commission of Inquiry and the provisions of the Initial Accord at the conclusion of the political negotiations.

 

The presentation also referred to the Inter-American Commission on Human Rights (IACHR) which, in keeping with CP/RES. 806, has been requested to “conduct an on-site visit to Haiti.”  The IACHR has advised that it will return to Haiti by the end of May/early June 2002.

 

Given the small size of the Special Mission, it is essential to have Haitian buy-in and to establish solid roots in the Haitian Administration--hence the need for Counterparts.  It is also necessary to build partnerships with other donors, who will be able to continue to accompany Haiti after the Mission ends, taking careful account of which agency is active in which field.  The Special Mission intends to build on the past (e.g. using the relevant Reports from MICAH and MICIVIH); and provide for continuity into the medium and longer-term future.

 

The Special Mission’s team, which has now reached about half its planned strength, will continue to be built up selectively and gradually, and if all goes well its work at its most effective, will normally not be spectacular.

 

The Special Mission has a role in making contacts and working with a very broad spectrum of actors in Haiti outside the Administration as well as within it.  These contacts are underway and the Chief of Mission hopes to build productive relationships and draw on their advice and assistance in implementing the Mission’s work.

 

Since the four main pillars of the Special Mission's work are closely interlinked, a flexible approach is being adopted to the interrelationships among the sectors.  Some issues are in fact cross-cutting, such as human rights, and will be pursued as such, in conjunction with the IACHR, bearing in mind that CP/RES. 806 also underscores the Special Mission’s responsibility for monitoring and reporting in the human rights area.

 

It is clear that, at least in the short run, a top priority will be the Security area.  Most interlocutors have raised a number of issues/concerns regarding security in the country, which cut across the four pillars of the work of the mission, including an increase in the number of armed gangs and the sophistication of their weaponry, failure of the government to respect the findings and judgment of the courts and arbitrary and politically–motivated arrests and detention.  The political opposition and civil society organizations have expressed fears that if those matters were not addressed seriously they would complicate the search for a consensual solution to the ongoing political crisis.

 

Apart from the intrinsic importance of security in Haiti, for many well-known reasons, it is particularly significant in the current political context, following the events of December 17, 2001 and others, and with renewed political negotiations in prospect in the first two weeks of June 2002.  In addition, however, while it will be possible for the Special Mission to work with other international institutions active in the other three pillars, in the Security area, there are few international actors remaining in Haiti; and the Special Mission, within its limited resources, will accordingly have to shoulder heavier responsibilities.

 

The approach based on the counterpart and partnership mechanisms for implementation of the Special Mission component of CP/RES. 806 has been accepted by all interlocutors as an effective one that should generate tangible results.  The Mission is also encouraged by their offers of collaboration and has been following up with details on practice.

 

The Mission has been meeting with other sectors of Haitian society, including the journalists’ association, human rights groups, and the Haitian Bar Association and plans to continue with other such meetings over the coming weeks. 

 

            Emphasis has been laid on the need for cooperation with such local institutions to leverage resources and to provide continuity, one of the principal objectives of the Special Mission.

 

At the same time, the Special Mission has emphasized that the success of its work will also be notably affected by developments in the political negotiations.

 

 

V.                 MAY 10 MEETING WITH PRESIDENT ARISTIDE

 

The Assistant Secretary General used the opportunity of President Aristide’s presence in New York for the Special Session of the United Nations General Assembly on Children to meet with the President on May 10.  The President was accompanied by Foreign Minister Joseph Philippe Antonio and Ambassador, Permanent Representative to the United Nations, Dr. Jean Alexandre.  The Assistant Secretary General, who was accompanied by his Chief of Staff, Sandra Honoré, took the opportunity of a neutral forum to review the status of the Organization’s efforts and to explore prospects for the resolution of the political crisis.

 

The Assistant Secretary General stressed to the President that the Organization’s Member States and Permanent Observers were increasingly concerned over the necessity to complete the negotiation with the opposition so as to ensure a free and timely electoral process.

 

 

VI.              THE NEGOTIATING PROCESS – VISIT OF THE ASSISTANT SECRETARY GENERAL AND FOREIGN MINISTER JULIAN HUNTE OF SAINT LUCIA TO HAITI MAY 12
TO 15

 

The Assistant Secretary General and the Foreign Minister of St. Lucia and current Chairman of the CARICOM Council on Foreign and Community Relations (COFCOR), Senator the Hon. Julian R. Hunte, traveled to Haiti from May 12 to 15, in an effort to narrow remaining differences preventing an electoral accord between the Government and opposition political parties in that country.

 

Secretary General Cesar Gaviria had indicated prior to that visit that it was particularly important in light of the thirty-second regular session of the General Assembly to be held in Barbados in June 2002.  While in Port-au-Prince, the team met with Haitian government authorities, to include the President, Prime Minister and Foreign Minister; with the opposition Convergence Démocratique; with civil society and with the Church.  It used the opportunity to monitor conditions and to assess the initial work of the OAS Special Mission for Strengthening Democracy in Haiti.

 

The Assistant Secretary General and the Foreign Minister were much struck by concerns expressed by opposition and civil society groups over poor security conditions.  They recognized the validity of many such concerns.  They also noted they should be addressed in negotiations rather than as prerequisites to talks.  Acting on related matters, the OAS-CARICOM mission used the opportunity to learn of the work of the three-member Commission of Inquiry into the violence of December 17, 2001 and participated in the launch of the Advisory Council on Reparations on
May 13, 2002, as previously stated above. 

 

The strength of cooperation between the OAS-CARICOM leaders and those of the international community were reflected in two extensive working meetings with Ambassadors and representatives of the Group of Friends of the Secretary General in both Port-au-Prince and Washington.

 

 

VII.            RESOURCE MOBILIZATION

 

The four processes in which the OAS is now engaged in Haiti--the Special Mission, the Commission of Inquiry, the Advisory Council on Reparations and support for the political dialogue--will require significant resources. Following a communication sent on February 19, 2002, to Ambassadors, Permanent Representatives, to international financial institutions and to international organizations, the Secretary General and the Assistant Secretary General made a joint appeal on
April 11 to Foreign Ministers of Member States and Permanent Observers and to the heads of the aforementioned institutions and organizations for contributions to allow the Organization to cover attendant costs.  The General Secretariat is grateful for the support and contributions which are reflected in the table entitled, “Contributions to the Special OAS Mission to Strengthen Democracy in Haiti,” which is attached to this report as Appendix II.

 

However, a substantial gap remains between the contributions received and the actual cost of these efforts which will continue for sometime into the future.  The modest cost of the Special Mission alone is of the order of $3 million, while that of the Commission of Inquiry and the Advisory Council on Reparations combined is expected to total approximate $150,000.  Cash contributions received as of May 17, 2002 were $698,357.

 

Resolution 806 has established for the Special Mission an ambitious agenda, with a limited budget that does not include any program funds.  The OAS is engaged in consultations with the Inter-American Development Bank (IDB), the World Bank and other organizations on collaboration on the implementation of the mandate of the Special Mission. The IDB has offered to provide technical support through its representation in Port –au-Prince, while the World Bank has discussed the possibility of providing support for the work of the Special Mission under the rubric of Governance.

 

The Secretary General and Assistant Secretary General avail themselves of the opportunity of this report to thank Member States and Permanent Observers and international organizations for their support and to again appeal for additional contributions towards the work of the OAS in Haiti.

 

 

VIII.         CONCLUSION / OBSERVATIONS

 

The work of the OAS Special Mission for Strengthening Democracy in Haiti has been proceeding carefully and steadily. At the time of the preparation of this report, the Special Mission had finalized arrangements for office space, into which it expects to move around the end of May. Having secured the necessary administrative personnel and initial logistical support, the Special Mission can now turn to its tasks of developing and implementing focused work programmes with its Haitian Counterparts and international partners, and bringing on board additional experts for the four core areas of its mandate, resources permitting.

 

Likewise, the Commission of Inquiry continues to make progress with its investigation into the events of December 17, 2001 and is making serious efforts to conclude its work and to report to the President of Haiti and to the Secretary General by June 30, 2002.

 

The Advisory Council on Reparations will complement the efforts of the Commission of Inquiry and it is to be hoped that its recommendations, when acted upon, will assist in paving the way for reconciliation among the different groups affected by the events of December 17, 2001.

 

The OAS continues to benefit from its close collaboration with CARICOM. This was manifest in the renewed effort of the Assistant Secretary General and the Foreign Minister of St. Lucia to facilitate the resumption of negotiations for an initial (political) electoral accord between the Government and opposition political parties in Haiti. 

 

Perhaps, most importantly, the increased efforts of the OAS Secretariat in Haiti since the adoption of CP/RES. 806 on January 16 have been reciprocated cooperatively by the Government of Haiti.  In keeping with the Agreement of March 1, 2002 between the OAS and the Government of Haiti, OAS activities in Haiti are developing within the framework of Haitian laws and receiving the full support of Haitian authorities.  It is to be hoped that the increased predictability and confidence flowing from this emerging relationship will soon be felt in the negotiating climate between the government and opposition forces.

 

Article 7 of Resolution 806 calls “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.”

 

The Secretary General and the Assistant Secretary General conclude that progress in addressing the causes and consequences of the violence of December 17, 2001 and in establishing the Special Mission make the early completion of the negotiated agreement on elections, as embodied in the Draft Interim Accord of July 15, 2001, and as proposed in the compromise elements of December 5 and 11, 2001, the single most important contribution toward major progress in Haiti today, whether the issue be improving the security climate or normalizing Haiti’s relations with the international financial institutions.  They call on the Government of Haiti and on all Haitians to make that possible without further delay.

 


APPENDIX I

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIRST INTERIM REPORT ON THE IMPLEMENTATION
OF THE PERMANENT COUNCIL RESOLUTION CP/RES. 806 (1302/02)
ON THE SITUATION IN HAITI[1]/

 

 

 


FIRST INTERIM REPORT ON THE IMPLEMENTATION OF THE

PERMANENT COUNCIL RESOLUTION CP/RES. 806 (1302/02)

ON THE SITUATION IN HAITI

 

 

INTRODUCTION

 

            On January 16, 2002, the Permanent Council of the Organization of American States convened in Special Session to consider the deterioration of the security situation and spiral of violence in Haiti, following an armed attack on the National Palace in Port-au-Prince, during the early hours of December 17, 2001.

 

            Member states expressed serious concerns about the challenges to law and order in the country and reaffirmed expressly, unequivocally and unanimously, that negotiation was the only instrument to achieve a peaceful solution to the crisis which arose from inconclusive legislative, municipal and local elections in May 2000.

 

            The Permanent Council approved CP/RES. 806 (1303/02) entitled "The Situation in Haiti" which provided a new mandate to the Secretary General of the Organization.  The scope of the resolution is to create propitious conditions for negotiations.  Essential constituents of the resolution call for:

 

-                      Completion of a thorough, independent inquiry into the events related to December 17, 2001;

-                      Reparations for organizations and individuals who suffered damages as a direct result of the violence of that date;

-                      Establishment of an OAS Mission for strengthening democracy in Haiti.

 

The Secretary General and the Assistant Secretary General of the OAS have worked closely with the Member States, especially CARICOM and the Group of Friends, to implement the Permanent Council mandate.  They have also obtained critical financial support and pledges of support from many of those states, Permanent Observers, international organizations and international financial institutions.

 

This report is submitted in fulfillment of a requirement of CP/RES. 806 that the Secretary General should provide an interim report to the Permanent Council on the implementation of the resolution.

 

 

CONSULTATIONS AT HEADQUARTERS

 

Following the adoption of Resolution 806 by the Permanent Council, the OAS Secretary General and the Assistant Secretary General began consultations with representatives of the Group of Friends, the Ambassador of Haiti to the OAS and President Aristide on the implementation of the resolution.  In that context, the OAS General Secretariat invited Convergence Démocratique to Washington D.C, January 31-February 1, 2002, for discussions with OAS officials.  The Convergence Démocratique delegation consisted of Messrs. Victor Benoit, Paul Denis, and José Nicolas.  They met with the Secretary General, the Assistant Secretary General and the Executive Secretary of the Inter-American Commission on Human Rights.

 

The delegation was especially concerned about escalating violence and a general deterioration in the security conditions in the country.  They discussed the damage to property and other detriment suffered by the leadership of the opposition as a result of the violence on December 17, 2001, which continued for several days after.

 

They were advised of the deliberations of the Permanent Council of the Organization on the matter and the salient provisions of Resolution 806 which could create a momentum toward a positive resolution of the crisis:

 

-                      The Government of Haiti had a central responsibility to conduct an independent inquiry that is free, fair and open while respecting Haitian sovereignty and institutions.

-                      Payment of reparations to all victims, including the families of the police officers who lost their lives in the attack on the National Palace.

-                      Resumption of negotiations to achieve a consensual solution to the crisis.

-                      Deployment of the Special Mission to help strengthen democracy and Haiti's democratic institutions.

 

It was emphasized to the delegation that the OAS did not seek to create new problems or pressures through the inquiry or the Special Mission, but to help the Haitian State to discharge its obligations.

 

            The Secretariat held consultations concurrently at headquarters with the Ambassador of Haiti to the OAS, Raymond Valcin, on the arrangements to constitute a Commission of Inquiry, a Council on Reparations, and the administrative and political issues relating to the deployment of the Special Mission in Haiti.

 

 

THE CARICOM HEADS OF GOVERNMENT

 

            CARICOM, whose Member States are deeply affected by the Haitian crisis, dispatched a Special Mission to Haiti, which took place January 28-31, 2002 under the leadership of the Hon. Julian R. Hunte, Minister of External Affairs of St. Lucia.  The purpose of the visit was to assess the situation and report to the Thirteenth Inter-Sessional Meeting of the Conference of CARICOM Heads of Government, on its findings.

 

            At that Meeting which was held in Belize, February 4-5, 2002, the leaders accepted the report of the Special Mission and adopted the following initiatives, among others:

 

-                      Called for the establishment of an independent, international Commission of Inquiry into the events of December 17, 2001;

-                      Urged the international community to release funds to Haiti on the basis of CARICOM's assessment of the political dynamic in Haiti;

-                      Endorsed provisions of CP/RES. 806, which requested an on-site visit to Haiti by the Inter-American Commission on Human Rights;

-                      Called on the political parties in Haiti to resume negotiations and sign an Accord to resolve the political impasse.

 

Secretary General Gaviria attended the Summit of CARICOM and Central American Countries, which followed the Conference of CARICOM Heads on February 5, 2002, and in accordance with paragraph 8 of resolution 806, availed himself of the opportunity to consult with the leaders of CARICOM on the situation in Haiti.

 

 

MISSION PROPOSAL

 

            CP/RES. 806 (1303/02) of January 16, 2002, mandated the Secretary General:

 

                        To accompany the Government of Haiti's interest and willingness to work jointly with the international community to find a solution to the current political crisis by establishing an OAS Mission, in accordance with AG/RES. 1831 (XXX-O1/01) of the General Assembly of the OAS, to work in the spirit of the OAS Charter and the Inter-American Democratic Charter.

 

On February 12, 2002, the Secretary General presented to the Group of Friends a document entitled: Special OAS Mission for Strengthening Democracy in Haiti.  The document described the initial approach of the OAS General Secretariat for the mandate and activities of the Special Mission.  It was not comprehensively designed to respond to the full range or scope of Haiti's multiple needs and interests but provided the basis for the Secretary General's appeal for funding for the Mission.

 

            It outlined the background and sequel of OAS efforts to resolve, through dialogue and negotiation, the ongoing political crisis in Haiti.  The document made provisions for 15 professional technical staff and appropriate support staff to administer programs within four components–Security, Justice, Human Rights and Governance.  The goals and objectives within each component are outlined in pages 23-27 of the document which forms part of this report, as Appendix 1.

 

 

FURTHER CONSULTATIONS WITH CARICOM

 

            The Assistant Secretary General left Washington, D.C. on February 23, 2002 to visit Haiti.  He was accompanied by his Chief of Staff, Sandra Honoré and Advisor, Denneth Modeste.  That evening, he met in Miami with a CARICOM delegation comprising the Hon. Julian R. Hunte, Foreign Minister of St. Lucia, Mr. Edwin Carrington, CARICOM Secretary General and Ms. Charmaine Atkinson-Jordan, to continue the consultations and collaboration on Haiti.

 

            Ambassador Einaudi advised the CARICOM delegation that the objective of his visit to Haiti was not to resume the political negotiations but to negotiate a framework agreement with the Haitian authorities on the Special Mission and to get agreement on the terms of reference for the Commission of Inquiry and a tripartite Commission on Reparations.  He advised that by so doing he would begin the process of creating a climate conducive to negotiations.

            The CARICOM delegation expressed the view that the policy of the international community in relation to Haiti was inconsistent and counter-productive in withholding assistance; nevertheless, it agreed with the OAS that an inquiry into the incidents of December 17, 2001 was necessary.  The CARICOM delegation emphasized the attributes of international and independent, for the Commission of Inquiry.

 

            The two delegations did an analysis of things to be done over the next few months and developed a sense of a calendar to serve as a point of reference.  Emphasis was placed on the inquiry, the deployment of the Special Mission and resumption of the negotiations.

 

 

VISIT TO THE DOMINICAN REPUBLIC

 

Following the consultations with CARICOM, the Assistant Secretary General traveled to the Dominican Republic (which shares the island of Hispaniola with Haiti) where he was scheduled to deliver a lecture at the Pontífica Universidad Católica Madre y Maestra on "The Inter-American Democratic Charter and the Role of the Organization of American States in the Resolution of Political Conflicts" on March 26, 2002.

 

The Assistant Secretary General took the opportunity of his presence in the Dominican Republic to learn from President Hipólito Mejía, Vice President Milagros Ortíz Bosch and Foreign Minister Hugo Tolentino Dipp of bilateral initiatives being undertaken by both governments.  He also discussed with the Dominican Republic leadership the work being undertaken by the Organization in keeping with Resolution 806.  The Assistant Secretary General found much determined support for a resolution of the Haitian crisis among the Dominican Republic leadership and a firm disposition to support the OAS' efforts in respect of the neighboring Republic.

 

 

COLLABORATION OF THE HAITIAN GOVERNMENT

 

            The Assistant Secretary General then proceeded to Haiti, where he was joined by Ambassador Sonia Johnny, Permanent Representative of St. Lucia to the OAS.  They held extensive discussions on the main elements of Resolution 806 and its implementation, with President Aristide, representatives of Fanmi Lavalas, the Group of Friends on Haiti, Convergence Démocratique, Civil Society and the Roman Catholic Church.  They met also with the Ministers of Foreign Affairs and Justice.

 

            The delegation received full and effective collaboration of the Government of Haiti which enabled the OAS to begin to organize the Special Mission.  Ambassador Einaudi and Haiti's Foreign Minister, Joseph Philippe Antonio, signed on March 1, 2002, an agreement on the Special Mission, having for its object, the establishment of the legal framework for the presence and work of the mission in Haiti.

 

            To avoid any difficulties of interpretation and application of the provisions of CP/RES. 806 in relation to the inquiry into the incidents of December 17, 2001, Ambassador Einaudi sought and obtained the verbal commitment of the Minister of Justice and the President on the character of the inquiry to ensure that it was conducted within the ambit of the resolution and the declaration of the Heads of Government of CARICOM.

 

            The Assistant Secretary General framed the issue of the inquiry as follows:

 

a.                   Three prominent jurists drawn from OAS member states would constitute an independent Commission of Inquiry.

b.                   The Commission would not come within the purview of the local judicial authorities but would have the full support of the Haitian State.

c.                   The purpose of the Commission was fact-finding, without prosecutorial authority separate from that of the Government of Haiti.

d.                   It would submit an independent report to the Secretary General of the OAS and the Government of Haiti on its findings of fact, with appropriate recommendations, based on those facts, to be acted upon by the Haitian authorities.

 

The Secretariat has subsequently identified, consulted with and received acceptance from three jurists of some standing within the Inter-American System to constitute the Commission of Inquiry.

 

The delegation also received the agreement of the President and the Minister of Justice on the creation of a tripartite Advisory Council on Reparations.  The Council shall be constituted by a representative of the government, one drawn from private sector institutions in Haiti and a third designated by the Secretary General of the OAS.

 

The Council shall advise the Ministerial Commission established by the Government of Haiti on reparations for organizations and individuals who suffered damages as a direct result of the violence of December 17, 2001 and subsequent days.

 

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

            Paragraph 11 of CP/RES. 806 asked the Inter-American Commission on Human Rights (IACHR) "within its area of competence, to undertake an on-site visit to Haiti to consult with civil society, political parties, and the Government of Haiti in order to analyze and report on current conditions and the events related to December 17, 2001."  The Government of Haiti, pursuant to paragraph 4(f) of the Resolution, transmitted officially on January 23, 2002 an invitation to the Inter-American Commission on Human Rights to conduct the on-site visit.

 

            The IACHR sent a preparatory delegation to Haiti, February 19-22, 2002 comprised of two of its officials: Dr. Raquel Poitevien-Cabral, Human Rights Specialist within the Executive Secretariat and Dr. Debora Benchoam, Attorney of the Bureau of the Rapporteur for Freedom of Expression.  The aim of the visit was to gather preliminary information on the human rights situation in the country and to conduct a preliminary evaluation for the on-site visit, which the Commission will carry out.  The delegation met with all the sectors of Haitian society.  The Haitian Government provided the delegation with all possible assistance and cooperation and allowed free and safe access to Haitian civil society, including the press and opposition parties in accordance with paragraph 12 of Resolution 806.

            During the 114th period of Regular Sessions of the Inter-American Commission on Human Rights held between February 25 and March 15, 2002, the Commission held a plenary hearing on the human rights situation in Haiti and received an oral report on the results of the visit of February 19-22, 2002 by the Preparatory Mission.  The IACHR agreed to cooperate with the OAS Mission that will be established in Haiti, in accordance with AG/RES. 1831 (XXXI-O/01) and to devise different options for action within the mandate and jurisdiction of the IACHR.

 

            In pursuance of that objective, the Commission decided to send to Haiti within the coming weeks, a delegation headed by Dr. Clare Kamau Roberts, a member of the Commission who has been designated the Rapporteur for Haiti.

 

 

FINANCIAL AND OTHER SUPPORT FOR THE MISSION

 

            The OAS General Secretariat has already received an initial generous contribution of $500,000 from the United States and 10,000 pounds sterling from the United Kingdom to begin the process of constituting and deploying the mission.  It has also received indications and pledges of support from other Member States and Permanent Observers.  The General Secretariat expresses its gratitude for the broad and prompt support received to date. All offers of support are listed as Appendix F to this report.

 

            On March 5, 2002, the Secretary General and the Assistant Secretary General held discussions with Mr. James Wolfensohn, President of the World Bank on the possibility of that institution's collaboration with the OAS in the attainment of its objectives in Haiti.  On the basis of the discussions, the World Bank has decided to provide a grant facility to the OAS for a number of programs of the Special Mission that are consonant with the objectives, plans and strategy of the OAS, under the rubric of justice and governance.

 

            The amount of the grant is yet to be determined; however, officials of the two institutions will meet during April 2002 to define and develop initiatives for collaboration within the parameters specified by the World Bank and the provisions of paragraph 6 of CP/RES. 806.

 

            On March 26, 2002, the Inter-American Development Bank (IDB) advised the General Secretariat that it welcomed the chance to work more closely with the OAS and others on Haiti and that it had instructed its Country Office in Port-au-Prince to support the work of the Special Mission.

 

 

ADMINISTRATIVE ARRANGEMENTS

 

            The quantity and quality of the products of the Special Mission will be determined in large part by the quality of the persons selected to advance its work and the administrative mechanisms put in place within Haiti to ensure Haitian "buy-in" and ownership of those products.

 

Mission Head

 

            On the basis of consultations with Member States of the OAS, the General Secretariat has selected as Head of Mission a senior professional of stature, demonstrated competence and a wide array of experience in diplomacy and social and economic development, whose fairness, cogent analysis and dispassionate and balanced approach to the task ahead will help to guarantee positive results.

 

Mission Personnel

 

            The General Secretariat has begun the process of selecting the fifteen members who will staff the Special Mission.  The response to its appeal for candidates has been overwhelming.  The members will be persons of professional standing with an analytical insight and proven experience in one of the components of the Mission.

 

Counterpart

 

            The OAS has received effective cooperation from the Government of Haiti in its attempts to put together the Special Mission and to obtain agreement on the terms of reference for the Commission of Inquiry and the Advisory Council on Reparations.  The Government has also pledged a financial contribution to the Special Mission and provided the General Secretariat with ideas on a number of critical needs, the satisfaction of which ranks high in its order of priorities.  This manifestation of political will and support for the mission is indispensable to achieve concrete results and ensure long-term success.

 

            President Aristide has already indicated to the OAS Assistant Secretary General his agreement to the need for the establishment of a recognized and respected point of contact within the Office of the Prime Minister to serve as the principal interface for the Mission. This will clearly demonstrate the authority of the office which will provide mutual support and operational cooperation between the government and the Mission and ensure the necessary coordination that will be required with the many different components of the Government of Haiti.

 

 

CONDITIONS FOR NEGOTIATIONS

 

The tenor of CP/RES. 806 is the restoration, through a series of decisive measures by the Government of Haiti, of "a climate of security that is a necessary condition for resuming OAS-sponsored negotiations …" The Special Mission will not have a negotiating mandate.  The Secretary General and the Assistant Secretary General, through the Special Representative of the Secretary General in Port-au-Prince, will spearhead this effort, in collaboration with CARICOM and with the support of the Group of Friends on Haiti.  The resolution places responsibility "on all political parties, with the support of civil society and other relevant institutions in Haiti," to help create those enabling conditions for negotiations, "with a view to reaching an agreement to resolve the political crisis."

 

            In this regard, the new Prime Minister's language of openness and his expressed commitment to negotiations are encouraging and reassuring.  More commendable is the recent arrest of some individuals who have been implicated in serious criminal activities, to face justice.  Having political party operatives submit to the rule of law is a major act of political and moral courage.  Such bold gestures will serve as a deterrent to violations of human rights, inspire confidence in the government and will contribute immensely to the creation of a climate of security in the country.

 

            The advantage of power includes the exercise of restraint and forbearance.  In this context, the OAS wishes to commend the government for its display of tolerance in handling the assembly of the Convergence Démocratique on Friday, March 22, 2002.  Likewise, the opposition should be praised for its avoidance of provocation.  The OAS has held consistently, that the comportment of the politicians will open the way to peace and stability in Haiti.

 

On March 15, 2002, President Aristide appointed Mr. Yvon Neptune, former President of the Senate, as the new Prime Minister, and a new Council of Ministers has been constituted, including Mr. Marc L. Bazin as Minister without Portfolio to facilitate improved conditions for negotiations.

 

 

CONCLUSION

 

            The strategy of the OAS in the implementation of the resolution is to deploy the Special Mission, as funds become available, beginning with the jurists to conduct the inquiry.  It is hoped that by the end of April 2002 the Mission would be fully deployed and the Advisory Council on Reparations would have completed its work.  Such concrete and substantial progress should facilitate the signing of the Initial Accord.  This achievement could form the basis of a Second Interim Report to the Permanent Council by May 1, 2002, which would coincide with the meeting of the CARICOM Council for Foreign and Community Relations, which is scheduled to be held May 4-6, 2002.  It is hoped that the full report to the Thirty-second General Assembly on the implementation of the Resolution could reflect the attainment of the main goals and objectives outlined therein, including the completion of the inquiry, the work on reparations and the resolution of the political crisis.

 

            The OAS expects the Special Mission to make a major contribution to help the people of Haiti to fulfill their aspirations in peace.  It is a modest mission by recent standards; however, it will not start anew.  It should constitute a critical retrieval of past experiences in Haiti which could be applied to the present problems.  With political will to effect meaningful change, demonstrated in part by the appropriate administrative machinery to implement the measures mutually agreed upon by the Mission and the local authorities, the results of our collaboration could be far-reaching.

 

 

30 March 2002

 


APPENDIX 1

 

SPECIAL OAS MISSION FOR STRENGTHENING DEMOCRACY IN HAITI

 

Document Prepared by the General Secretariat of the OAS

 

 

NOTE:   This document describes the OAS General Secretariat’s initial approach for the mandate and activities of the Special OAS Mission for Strengthening Democracy in Haiti, established pursuant to CP/RES. 806 of January 15, 2002.  The attached budget is for an OAS Mission composed of 15 professional technical staff plus appropriate support staff.  The Budget includes no program funds, nor funding for the activities of the Inter-American Commission on Human Rights.

 

 

TABLE OF CONTENTS

 

Background

 

Learning from Past Experience

 

Mandate and Implementation

 

Dialogue

 

Components of the Mission

 

Security

Justice

Human Rights

Governance

 

Coordination

 

Structure and Budget

 

Conclusion

 

Appendix A – Mission Agreement between GS/OAS and Government of Haiti

Appendix B – Terms of Reference for a Commission of Inquiry

Appendix C – Terms of Reference for an Advisory Council on Reparations

Appendix D – Initial Draft Accord

Appendix E – Budget

Appendix F – Offers of Support from Member States, Permanent Observers, and
International Organizations to the Special OAS Mission to Haiti as
of 30 March 2002

 

 


SPECIAL OAS MISSION FOR STRENGTHENING DEMOCRACY IN HAITI

 

 

Background

 

In the summer of 2000, the Organization of American States initiated a process of dialogue and negotiation to resolve the political crisis stemming from deficiencies and irregularities of the legislative, municipal and local elections in Haiti of May 21, 2000, and to promote reconciliation among the political actors in the country.  OAS Permanent Council resolutions CP/RES. 772 (1247/00), of August 4, 2000; and CP/RES. 786 (1267/01) corr.1, of March 14, 2001, as well as General Assembly resolution AG/RES. 1831 (XXXI-O/01), “Support for Democracy in Haiti”, of June 6, 2001, provide the mandates under which the Secretary General and Assistant Secretary General have been working with CARICOM and with the Group of Friends of Haiti to find a solution to the political crisis.

 

On January 15, 2002 a Special Session of the Permanent Council was convened to consider the situation in Haiti following an armed attack on the National Palace and ensuing violence in which the homes of several opposition leaders and the offices of Convergence Démocratique and three of its constituent parties were destroyed by fire.  The Council approved CP/RES. 806 (1303/02) Corr. 1 which contains a provision for a mission to Haiti:

 

            To accompany the Government of Haiti's interest and willingness to work jointly with the international community to find a solution to the current political crisis by establishing an OAS Mission, in 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.

 

The approach of the OAS for the implementation of AG/RES. 1831 is to broker an initial accord on a consensual formula for the composition of a credible, neutral and independent electoral council, its mandate and a number of measures to create an enabling environment for credible elections.  This will be followed by a global accord encompassing other critical issues, including good governance, human rights and the social and economic development of Haiti.  Two issues remain to be settled in the draft of the Initial Accord.

 

This paper outlines what the Special Mission might accomplish, and provides an illustrative budget for its operation.

 

 

Learning From Past Experience

 

In 1992, the OAS established a human rights field mission in Haiti to observe the human rights situation under the de facto regime. In 1993, in partnership with the United Nations, the OAS established the International Civilian Mission in Haiti (MICIVIH, by its French acronym).  The initial mandate of the MICIVIH focused on the promotion and defence of human rights and support for the consolidation of democracy.  After the return of constitutional order, the mandate of the MICIVIH was expanded to specifically add a democratic institution-building component, an effort which proved elusive.

The lessons learned from past OAS programs as well as other experiences make clear that any international attempt to facilitate dialogue in Haiti must provide for Haitian ownership and leadership in defining the agenda, choosing interlocutors and official representatives, and deciding the pace and timing of their decisions.  A key aspect of being able to facilitate productive exchanges between actors in conflict is to ensure that all parties possess the necessary knowledge, skills and attitudes to participate effectively in the dialogue process. The international community has often overlooked this need for national ownership and responsibility when attempting to support the democratization process in Haiti.

 

 

Mandate and Implementation

 

            With the special object of finding "a solution to the current political crisis," CP/RES. 806 outlines the mandate of the new OAS mission as follows:

 

-                      To investigate and assess the situation.

 

-                      To support the Government of Haiti, Haitian civil society and democratic political parties … to strengthen the Haitian democratic institutions.

 

-                      To monitor events in Haiti, including:

 

a.                   Respect for the essential elements of representative democracy and;

b.                   Compliance with any accords that may result from OAS-sponsored negotiations.

 

The OAS will implement this new mandate within the ambit of the draft Initial Accord.  The modus operandi will be as follows:

 

a.                   Begin to deploy the mission, as funds become available, in accordance with the framework agreement on the Mission between the Government of Haiti and the General Secretariat of the OAS, (attached as Appendix A).

 

b.                   The Mission will conduct a thorough independent inquiry into the incidents which occurred on December 17, 2001 (the terms of reference for the independent inquiry are attached as Appendix B).  A Tripartite Council on Reparations will be established, pursuant to paragraph 4 (d) of Permanent Council Resolution CP/RES.806.  The Tripartite Council will be composed of a member of the Special OAS Mission, a representative of the Government of Haiti, and a representative chosen from private sector institutions and the Churches (the terms of reference for the Tripartite Council on Reparations are attached as Appendix C).

 

c.                   The Secretary General and the Assistant Secretary General will attempt to conclude the negotiations on the two outstanding issues of the Draft Initial Accord, "as soon as conditions are conducive to discussions."


d.                   Dialogue

 

            In accordance with AG/RES. 1831 (XXX-O/01), the Secretary General and the Assistant Secretary General started a process to conclude "a broad-based agreement among the Government of Haiti, political parties, civil society and other relevant institutions of Haitian society…"

 

The OAS believes that it is critical for the negotiations to resume in an environment that is conducive to a successful conclusion of the Initial Accord. The Secretary-General and the Assistant Secretary-General will continue to lead the process of negotiation, assisted, as appropriate, by the Special Representative of the Secretary General.

 

            The Organization pursued an approach to achieve an initial accord on a number of critical elements to be followed by negotiations to reach a global accord.  The main elements of the initial accord are:

 

-                      A formula to constitute a credible, neutral and independent Provisional Electoral Council

-                      The mandate of the Council

-                      Creation of an enabling environment for credible elections

-                      Furtherance of national dialogue

-                      Provisions regarding Haiti's relations with the international community

 

The OAS believes that the elements that are already agreed in the draft initial accord should be respected, even in the absence of an agreement.

 

Fanmi Lavalas and Convergence Démocratique have, in addition, committed themselves already in the draft initial accord to begin dialogue among political parties and civil society within thirty days of the signing of the initial accord.   The stated objective of this broad-based dialogue is to reach 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.

 

 

Components of the Mission

 

In fulfillment of the mandate of the Permanent Council, and in pursuance of the consensus reached at this point in the OAS-sponsored negotiations, the Secretary General has assigned the following four components to the mission:

 

a.                   Security

b.                   Justice

c.                   Human Rights

d.                   Democratic Development, Governance and Institution-Building

 

 

Security

 

One of the immediate objectives of the Mission in this area will be to improve security conditions relating to political activity.  In this regard, the Mission will provide assistance in the development of mechanisms and procedures to ensure the security of all political parties, their officers and candidates, as part of creating a propitious climate for future elections in the country.   The mission will work closely with all political parties, the Provisional Electoral Council and the Commission of Electoral Guarantees in the implementation of section two of the draft initial accord on the role of the police in the electoral process (Appendix D).

 

Over the medium and longer term, the mission will collaborate with the Government of Haiti, civil society, non-governmental organizations and international organizations to draw up a strategic plan to achieve the following objectives:

 

-                      Enhance the institutional development of important public security institutions.

-                      Improve collaboration in the administration of justice among the judicial, law enforcement and penal institutions on the premise that those three pillars are components of in integrated system.

-                      Develop the technical and managerial potential of judicial and law enforcement officials through a program of formal training and attachments.  Training programs could be developed in conflict management, community policing, human rights protection and professional conduct of the police.

 

The Haitian National Police must contribute to the consolidation of a climate of peace and security.  The Mission will help to attain this goal, working in tandem with the afore-mentioned institutions to reform and reorganize the mission and control structures of the police, consistent with the rule of law and constitutional and elected civilian government.

 

            The mission will make recommendations to the Government of Haiti on the composition of the police force to ensure that the manpower level is consistent with the security needs of the country.  The criteria for recruitment will be reviewed to enhance the professionalism of the force.

 

 

Justice

 

            The international community (at both bilateral and multilateral levels) has made important contributions to the reform of the Haitian judiciary to enhance the capacity of the key institutions to dispense justice.  The structure, organization and decision-making processes of the system still need to correct significant deficiencies including delay, cost, complexity, access to justice and impunity.

 

            CP/RES. 806 (1303/02) provided in paragraph 4 (a) that “a thorough independent inquiry into the events related to December 17, 2001,” be held to contribute toward the restoration of “a climate of security that is a necessary condition for resuming OAS-sponsored negotiations”.

 

            CARICOM Heads of Government meeting in Belize at the Thirteenth Inter-Sessional Meeting of the Conference of Heads of Government, accepted the recommendation of a CARICOM Special Mission to Haiti (January 28-31, 2001) that an independent International Commission of Inquiry be established to make an evaluation of the events of December 17, 2001.

 

            In pursuance of these mandates, and on the basis of consultations with CARICOM and the Government of Haiti, the Secretary General of the OAS has decided to appoint three Legal Experts to constitute a Commission of Inquiry for that purpose.  The Special OAS Mission will assist the Government of Haiti in implementing any recommendations which the Commission makes within the scope of the mandate of the Mission.

 

            The Haitian people need access to a justice system that is perceived as politically impartial, effective and efficient.  A credible inquiry into the incidents of December 17, 2001, followed by the prosecution of persons implicated in the violence will instill confidence in the judicial system and reduce the incidence of politically motivated violence.

 

            The Mission will take steps to strengthen the prosecution process with a view to speeding up the handling of cases thereby reducing the incidence of pre-trial detention, to include:

 

-                      Legal Assistance and training to the Juges d’Instruction and the Commissaires de Gouvernement on criminal investigations and the prosecution of offenders.

 

-                      Support to the École de la Magistrature for the training of the Juges de Paix and also for the Greffiers (court clerks) on record keeping, delivery of decisions, and other duties.

 

The Mission will assist the Civil Registry Department of Haiti to register the large number of undocumented citizens to improve their access to justice.

 

Human Rights

 

Human rights tasks will figure prominently in the work of the OAS Mission.  The Mission will build on the work of past missions in Haiti to help improve the human rights situation in the country through effective monitoring and reporting on human rights matters, technical and institutional assistance and human rights advocacy, education and training.

 

            Separately, the Government of Haiti has extended an invitation to the Inter-American Commission on Human Rights (IACHR), pursuant to resolutive paragraph 11 of CP/RES. 806, which states:

 

            "To ask the Inter-American Commission on Human Rights, within its area of competence to undertake an on-site visit to Haiti to consult with civil society, political parties, and the Government of Haiti in order to analyze and report on current conditions and the events related to December 17, 2001.

 

            Although the IACHR is an independent, autonomous institution within the Inter-American System and is expected to maintain these attributes in the fulfillment of its mission, it is expected that it will work in coordination with the OAS Mission.

 

The Mission will work to help accomplish the following:

 

-                      observe and report on respect for the right to life, the integrity and security of the person, individual rights and fundamental liberties, including freedom of expression, association and assembly, other civil and political rights and due process guarantees.

 

-                      strengthen the capacity of local institutions (law enforcement, penal, justice, Office of the Ombudsman and civil society, including human rights NGOs) to protect, promote and defend human rights in Haiti.

 

-                      ensure that law enforcement authorities abide by international human rights standards.

 

-                      assist the Haitian authorities to codify the laws relating to the protection of human rights.

 

-                      Provide human rights education and training, as needed, to civil society organizations, State institutions and institutions of higher learning (issues, instruments and standards, national and international protection and recourse mechanisms).

 

-                      Sensitize the local population, including in the rural areas, on human rights norms and standards.

 

 

Governance

 

            Resolutive paragraph 3 of CP/RES. 806 states that the OAS Mission should "work in the spirit of the OAS Charter and the Inter-American Democratic Charter."

 

            These instruments identify and lay out the principal features that reinforce our democratic values, including:

 

-                      Representation by the people in all the political institutions based on the principle of consent freely given.

 

-                      Participation by the citizenry in the policy-formulation and decision-making processes of those institutions.

-                      Periodic free and fair elections under the principle that sovereignty is reposed in the people and exercised through their representatives, and political organization that reflect this principle.

 

-                      Pluralistic system of political parties whose equitable participation in the electoral process is a necessary condition for the exercise of the will of the people.

 

-                      The essential functions of government, legislative, executive and judicial, should be discharged by separate individuals and institutions to prevent abuse of power.

 

-                      A differential relationship between state institutions, especially the armed forces, and the elected, legally constituted authorities in each country; and military and law enforcement institutions whose mission and control structures are consistent with constitutional and elected civilian government.

 

-                      Respect for the principles of the rule of law and for human rights and fundamental freedoms.

 

-                      Propriety in public administration.

 

-                      Efficiency, effectiveness and impartiality of the judiciary.

 

Guided by these values, the OAS Mission will build upon achievements in this area and complement past efforts to strengthen Haitian democratic institutions and to improve the government's capacity to formulate and execute social and economic policies.  In this regard, the Mission may undertake the following activities to strengthen public administration and improve public financial accountability and management:

 

-                      Prepare guidelines and make recommendations on public financial accountability, financial management practices and standards of conduct in public administration.

 

-                      Make recommendations to strengthen public administration with a view to creating a more professional service with characteristics of permanency and political neutrality.

 

-                      Make recommendations on the decentralization of public administration with specific reference to the balance of power between central and local administrations; the degree of autonomy accorded to local authorities; the level of central government control over local authority powers and uniformity of standards in the provision of government services, most notably in health, education, the administration of justice and law enforcement.

 

-                      Monitor the implementation of elements in the initial and global accords in this area.

 

 

Coordination

 

            The efforts of the mission must be well coordinated in Washington and Port-au-Prince to satisfy the requirements of consistency and predictability, to achieve complementarity and to avoid duplication of efforts.

 

Washington

 

            The Secretary General and the Assistant Secretary General shall consult with, and keep fully informed, the Group of Friends on Haiti, including a representative of the United Nations; CARICOM, through both the Permanent Representatives to the OAS and the CARICOM Secretariat; the World Bank, the Inter-American Development Bank, and other pertinent institutions.

 

            Port-au-Prince

 

            The Mission shall establish mutually supportive relationships at both the political level (Group of Friends) and technical level (International donor community - UNDP, IDB, World Bank, European Union, United Nations Commission on Human Rights, Inter-American Commission on Human Rights etc.).  The Group and institutions, in discharging a consultative and advisory function, will decide, in consultation with the Mission, the mechanisms of cooperation and collaboration in the field.

 

The Mission will take steps to ensure that there is effective coordination of all activities within the public sector and that all assessments, plans and recommendations will be discussed with other key sectors of Haitian society and with the Provisional Electoral Council when they relate to roles envisaged for that institution in the initial accord.

 

 

Structure and Budget

 

It is proposed that the Mission be headed by a Chief of Mission of recognized competence and be composed of persons with experience in the program areas of the Mission.

 

A Deputy Chief of Mission will be responsible for coordinating the day-to-day functions of the four pillar of the Mission (security, justice, governance and human rights) and will also be responsible for the administrative functions.  Each pillar will be staffed by at least two technical experts; the security pillar will have at least four experts and the justice pillar having at least three (one from CARICOM).   The justice experts will assist the Government of Haiti in the conduct of the investigations envisaged under resolutive paragraph 3 of CP/RES.806.

 

            An illustrative budget to cover the operations of the mission is presented as Appendix E.  The budget is for an OAS Mission composed of 15 professional technical staff plus appropriate support staff.  The Budget includes no program funds, nor funding for the activities of the Inter-American Commission on Human Rights.

 

 

Conclusion

 

            The Member States of the Organization of American States have stated in CP/RES. 772 (1247/00), CP/RES. 786 (1267/01), AG/RES. 1831 (XXXI-O/01) and CP/RES. 806 (1303/02) corr. 1, that they reject violence as an instrument of political discourse and endorse dialogue and negotiations to resolve the political crisis in Haiti.

 

            It is hoped that the gains made in the OAS-sponsored negotiations would be preserved and that speedy implementation of paragraph 4 of CP/RES. 806 would "restore a climate of security" for resumption of the talks to settle the two outstanding issues in the draft Initial Accord.

 

            The OAS Mission will endeavor to impress upon the political parties the importance of their contribution to that climate of security by cultivating tolerance, peace and mutual respect.

 

            The Mission will work closely with the Government of Haiti to fulfill the mandate of the Mission, not as an obligation of honor on the part of the government, but as a mutual commitment between Haiti and the international community to provide concrete support to the Government of Haiti, which should redound to the benefit of the people of the country.

 

 

 

 


Appendix A

 

 

AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF HAITI AND

THE GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES

ON THE SPECIAL MISSION OF THE ORGANIZATION OF AMERICAN STATES

TO STRENGTHEN DEMOCRACY IN HAITI

 

 

            The Government of the Republic of Haiti (the Government of Haiti) and the General Secretariat of the Organization of American States (GS/OAS), (‘’the Parties’’) have agreed as follows:

 

ARTICLE 1

PURPOSE

 

            1.1.       The purpose of this Agreement is to establish terms and conditions to enable the OAS Special Mission to Strengthen Democracy in Haiti (the Mission) to carry out its work adequately, in collaboration with the Caribbean Community (CARICOM), and in accordance with AG/RES. 1831 (XXXI-O/01) and CP/RES.806 (1303/02) corr.1 of January 16, 2002.

 

            1.2.       The Mission’s work shall cover the areas of security, justice, human rights and the development of democracy, good governance, and institution-building.  The document detailing the balanced distribution of the Mission’s work in those areas, which is being consulted with CARICOM, other OAS member states, including Haiti, and Permanent Observers, will be incorporated into this Agreement, once that document has been adopted by the duly authorized representatives of the Parties. 

 

            1.3.       The Mission’s work is directed at investigating and assessing the situation and assisting the Government and people of Haiti in strengthening their democratic system and institutions.

 

ARTICLE II

GUARANTEES AND INFORMATION

 

2.1.             In fulfillment of this Agreement, the Government of Haiti guarantees

the Mission and its members free and safe access to all elements of Haitian politics and civil society, including the press and the opposition parties.  Likewise, the Government of Haiti, within the framework of Haitian law and in accordance with the Charter of the OAS, shall provide the Mission and its members with all facilities to exercise their functions including free movement throughout Haitian territory and full access to all governmental organs, agencies, and entities and to their records and documents.

 

            2.2.       Among the activities to be carried out by the Mission and its members are the following:

 

a.                   To conduct the investigations and evaluations that they deem necessary;

 

b.                   To make the recommendations and to provide the assistance they consider relevant; and

 

2.3.             The GS/OAS shall report periodically to the OAS Permanent Council and to the Government of Haiti on the activities of the Mission.  The GS/OAS will keep the public appropriately informed through the media.

 

 

ARTICLE III

MEMBERS OF THE MISSION

 

            3.1.       The GS/OAS shall inform the Government of Haiti of the names of the individuals making up the Mission, who shall be duly identified by an OAS identification card specially prepared for the Mission, in accordance with Article 9.1 of this Agreement.

 

            3.2.       The OAS Secretary General shall appoint the members of the Mission, who shall perform the functions necessary for the satisfactory implementation of this Agreement.

 

 

ARTICLE IV

PRIVILEGES AND IMMUNITIES OF THE MISSION

 

            4.1.       The privileges and immunities of the Mission and its members shall be those accorded to the OAS, to its organs, and to their staff, pursuant to Articles 133, 134, 135, and 136 of the OAS Charter, the instrument of ratification of which was deposited by the Government of Haiti on March 28, 1951, the Agreement on Privileges and Immunities of the Organization of American States, the instrument of ratification of which was deposited by the Haitian Government on March 13, 1952, and the Agreement on the Operations of the Office of the GS/OAS in Port-au-Prince, signed by the Government of Haiti and the GS/OAS on March 8, 1972.

 

            4.2.       The property and effects of the Mission in any part of Haiti and in the possession of any person shall enjoy immunity against any type of judicial proceeding, save in those specific cases for which said immunity is expressly waived.  However, it is understood that said waiver of immunity shall not have the effect of subjecting such property and effects to any type of execution measure.

 

            4.3.       The premises occupied by the Mission shall be inviolable.  Moreover, their property and effects, in any part of the territory of Haiti and in the possession of any person, shall enjoy immunity against search and seizure, confiscation, expropriation, and against any form of intervention, be it executive, administrative, judicial, or legislative.

 

            4.4.       The files of the Mission and all documents pertaining thereto or in its possession shall be inviolable, wheresoever they are located.

 

            4.5.       The Mission shall be: (a) exempt from any type of internal taxation, it being understood, however, that they may not claim any type of tax exemption that is in fact a remuneration for public services; (b) exempt from any type of customs duty and of prohibition and restriction in respect of articles and publications that they import or export for their official use. It is understood, however, that the articles they import duty free may only be sold within the country in accordance with the conditions agreed upon with the Government of Haiti; and (c) exempt from ordinances, regulation, or moratoria of any kind. Moreover, they may have currency of any type, carry their accounts in any foreign currency, and transfer their funds in foreign currency.

 

            4.6.       The Mission may set up and operate in Haitian territory an autonomous radiocommunications system for the purpose of providing a permanent connection among the members of the Mission and the vehicles used by the Mission and its offices, between the offices and central headquarters, and between the central headquarters and the headquarters of the GS/OAS in Washington, D.C., and to that end the Government of Haiti shall provide all technical and administrative collaboration deemed necessary.  This provision is subject to authorization by the Conseil National de Télécommunications (CONATEL), which authorization shall not be unreasonably delayed or denied.

 

ARTICLE V

MEMBERS OF THE MISSION

 

            5.1.       For the period during which they exercise their functions and during their trips to and from Haiti, the members of the Mission shall enjoy the following privileges and immunities:

 

(a)        Immunity from personal detention or arrest; and immunity from any type of legal proceeding in respect of their actions and statements, be they oral or written, done in the performance of their functions;

 

(b)        The inviolability of any paper or documents;

 

(c)        The right to communicate with the GS/OAS via radio, telephone, telegraph, satellite, or other means, and to receive documents and correspondence through messengers or in sealed pouches, enjoying for that purpose the same privileges and immunities accorded to diplomatic mail, messengers, or pouches;

 

(d)        The right to utilize for their movements, any means of transportation, be it airborne, waterborne, or overland, throughout the national territory;

 

(e)        Exemption, in respect of their persons and those of their spouses and children, from any type of immigration restriction and registration of aliens and any type of national service in Haiti;

 

(f)        They shall enjoy the greatest possible freedom in the transfer of funds and in the negotiation anywhere and in any form of foreign currency, checks, cash, or foreign coins or bills that they receive as compensation or benefits for their services, without their being subject to limitations, restrictions, or inspection or control measures that may be established in this regard; and

 

(g)        The same immunities and privileges in respect of their personal effects as are accorded to diplomatic envoys.

 

 

ARTICLE VI

SAFETY OF THE MEMBERS OF THE MISSION

 

            6.1.       The Government of Haiti undertakes to take the necessary measures to ensure the safety and protection of the members of the Mission, as regards both their physical safety and that of their possessions.

 

            6.2.       The members of the Mission undertake to cooperate with the civilian and police authorities charged with their safety and protection.

 

 

ARTICLE VII

COOPERATION WITH THE AUTHORITIES

 

            7.1.       The members of the Mission shall cooperate with the competent Haitian authorities to prevent any occurrence of abuse in respect of the specified privileges and immunities. Similarly, the competent authorities shall do whatever is possible to supply the cooperation requested of them by the Mission.

 

            7.2.       Without prejudice to the immunities and privileges accorded, the observers shall respect the laws and regulations in effect in Haiti.

 

            7.3.       The Government of Haiti and the GS/OAS shall take any measures necessary to procure an amicable arrangement in the proper settlement of:

 

(a)        Any disputes that arise in contracts or other questions of private law;

 

(b)        Any disputes to which the members of the Mission may be party in respect of matters in which they enjoy immunity.

 

 

ARTICLE VIII

NATURE OF THE PRIVILEGES AND IMMUNITIES

 

            8.1.       The privileges and immunities are granted to the Mission and its members in order to safeguard their independence in the exercise of their functions of investigating, evaluating, and assisting the Government and the people of Haiti to strengthen their democratic systems and institutions, and not for personal gain or to perform activities in violation of Haitian law.  Therefore, the OAS Secretary General shall waive the privileges and immunities of these in the event that, in his judgment, the exercise of those privileges and immunities obstructs the course of justice and when they may be waived without harming the interests of the OAS.

 

 

ARTICLE IX

IDENTIFICATION

 

            9.1.       The GS/OAS shall supply each member of the Mission, as well as the local contract staff, with a numbered identification card, which shall show the full name, date of birth, position or rank, and a photograph. Further, the members of the Mission shall be obliged to present that identification card when the Haitian authorities so request.

 

 

ARTICLE X

GENERAL PROVISIONS

 

            10.1.     The Government of Haiti recognizes the "official travel document" issued by the GS/OAS as a valid and sufficient document for purposes of travel by the members of the Mission. The Government of Haiti shall issue to the members of the Mission the corresponding diplomatic visa allowing them to enter, remain, and leave the country as often and for as long a period as necessary until the end of the Mission.

 

            10.2.     This Agreement may be amended by mutual consent by the Government of Haiti and the GS/OAS.

 

            10.3.     This Agreement shall enter into force on the date of its signature and shall remain in force for one year thereafter, and may be renewed upon the written agreement of both Parties.

 

IN WITNESS WHEREOF, the representatives of the Government of Haiti and the GS/OAS, duly authorized for that purpose, sign this Agreement in two originals in the city of Port-au-Prince, Haiti, on this 1st day of March of the year two thousand and two.

 

 

  FOR THE GOVERNMENT OF THE                 FOR THE GENERAL SECRETARIAT OF

             REPUBLIC OF HAITI                     THE ORGANIZATION OF AMERICAN STATES

 

 

 

Joseph Philippe ANTONIO                                               Luigi R. Einaudi

Minister of Foreign Affairs and Worship                             Assistant Secretary General

 


Appendix B

 

TERMS OF REFERENCE FOR A COMMISSION OF INQUIRY
INTO INCIDENTS IN HAITI ON DECEMBER 17, 2001

 

 

BACKGROUND

 

            On January 16, 2002 the Permanent Council of the Organization of American States approved CP/RES. 806 (1303/02) which provided in paragraph 4 (a) that "a thorough independent inquiry into the events related to December 17, 2001," be held to contribute toward the restoration of "a climate of security that is a necessary condition for resuming OAS-sponsored negotiations."

 

            CARICOM Heads of Government meeting in Belize at the Thirteenth Inter-Sessional Meeting of the Conference of Heads of Government, accepted the recommendation of a CARICOM Special Mission to Haiti (January 28-31, 2001) that an independent International Commission of Inquiry be established to make an evaluation of the events of December 17, 2001.

 

In pursuance of these mandates and on the basis of consultations with CARICOM and the Government of Haiti, the Secretary General of the OAS has decided to appoint three Legal Experts to constitute a Commission of Inquiry ("The Commission") for that purpose.

 

 

TERMS OF REFERENCE

 

1.         The Commissioners shall inquire into the circumstances surrounding the following events:

 

a.                   An armed attack on the National Palace in Port-au-Prince during the early hours of Monday December 17, 2001.

 

b.                   The ransacking and burning of the headquarters of political parties of the opposition, of the private residences of leaders of Convergence Démocratique and of cultural and academic centers, foreign or national, in Port-au-Prince, and in other cities and localities.

 

c.                   Any possible links between the incidents in (a) and (b) above and violent incidents on July 28, 2001 in Port-au-Prince and elsewhere in Haiti.

 

d.                   Attacks, intimidation and threats directed at members of the press and owners of media outlets on December 17, 2001 and subsequent days.

 

2.         The three members of the Commission ("Commissioners") shall not be nationals of Haiti.  They shall be chosen on the basis of their professional ability, discretion, and reputation for fairness and impartiality from among candidates proposed by OAS member states, including one from CARICOM.

 

3.         The inquiry shall be independent and separate from any judicial proceedings in Haiti.

4.                   In accordance with the Agreement between the OAS General Secretariat and the Government of Haiti:

 

(i)                  The Commissioners shall enjoy free and unlimited access to all localities, organizations and entities which they choose to visit or to individuals they wish to interview, as well as to all documents and any other sources of information.

 

(ii)                The Haitian authorities and institutions shall cooperate with and provide all assistance and support to the Commissioners in the conduct of the inquiry.

 

5.         The three Commissioners shall submit their Report on the inquiry to the Government of Haiti and to the OAS Secretary General.  It shall contain their findings of fact and recommendations to the Government of Haiti and shall reflect their independent deliberations and conclusions based on those findings of fact.


Appendix C

 

TERMS OF REFERENCE FOR AN ADVISORY COUNCIL ON REPARATIONS

 

 

BACKGROUND

 

            On January 16, 2002, the Permanent Council of the Organization of American States approved CP/RES. 806 (1303/02), which called upon the Government of Haiti "to pursue diligently all efforts to restore a climate of security that is a necessary condition for resuming OAS-sponsored negotiations, including: reparations for organizations and individuals who suffered damages as a direct result of the violence of December 17, 2001."

 

            In pursuance of this mandate and on the basis of consultations with CARICOM and the Government of Haiti, the Secretary General of the OAS has decided to appoint two persons to form, with a representative of the Government of Haiti, a tripartite Council on Reparations.  The Council shall advise the Ministerial Commission (the Commission) established by the Government of Haiti, on this matter.

 

 

TERMS OF REFERENCE

 

1.         The Council shall:

 

a)      Make an assessment of any and all physical injuries, loss of life or other physical detriment suffered as a direct result of the violence on December 17, 2001 and continued for several days thereafter.

 

b)      Make an inventory of the physical damage stemming from the attack on the National Palace, the ransacking and burning of the headquarters of political parties of the opposition, of the private residences of leaders of Convergence Démocratique, and of cultural and academic centers, foreign or national, in Port-au-Prince and in other cities and localities

 

2.         The Council shall be constituted as follows:

 

(i)                  One person appointed by the Government of Haiti;

 

(ii)                One person appointed by the Secretary General of the OAS from among a list of persons recommended by private sector institutions and the Churches in Haiti;

 

(iii)               One person appointed by the Secretary General of the OAS in the exercise of his own discretion.

 

3.         The Haitian authorities shall cooperate with and provide all assistance and support to the Council in its work.

4.         The Council shall submit a report to the Ministerial Commission with recommendations on reparations to the organizations and individuals who suffered damage as a direct result of the violence that begun on December 17, 2001, and continued for several days thereafter.

 

 


Appendix D

 

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/

 

a.                   To organize, at the end of 2002, elections to replace members of Parliament who were elected on May 21, 2000.

 

b.                   To organize, at the end of 2002, elections for the territorial communities.  The indirect elections are conducted 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 qualification 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.

 

2.         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.

 

 

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

 

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

 

 

 


 

 

 

OAS Special Mission to Haiti

 

 

 

 

 

 

 

 

 

 

 

Appendix E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE:

This draft budget provides for an OAS Mission composed of 15 Technical Staff, plus appropriate support staff,

 

 

 

 

 

 

 

along with operational necessities, but no program funds, nor funds for the activities of the IACHR.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Month 1

Month 2

Month 3

Month 4

Month 5

Month 6

Month 7

Month 8

Month 9

Month 10

Month 11

Month 12

Sub-Total

1.  International Contracts:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chief of Mission

 

 

8,000

8,000

8,000

8,000

8,000

8,000

8,000

8,000

8,000

8,000

8,000

8,000

96,000

 

Deputy Chief of Mission

 

6,750

6,750

6,750

6,750

6,750

6,750

6,750

6,750

6,750

6,750

6,750

6,750

81,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senior Human Rights Specialist

 

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

Senior Human Rights Specialist

 

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senior Justice Specialist

 

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

Senior Justice Specialist

 

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

Justice Specialist

 

 

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

57,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senior Governance Specialist (democracy)

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

Senior Governance Specialist (democracy)

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senior Security Specialist

 

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

Senior Security Specialist

 

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

5,750

69,000

 

Security Specialist

 

 

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

57,000

 

Security Specialist

 

 

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

4,750

57,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Officer

 

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

45,000

 

Executive Assistant

 

 

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

3,750

45,000

 

Administrative Assistant

 

3,000

3,000

3,000

3,000

3,000

3,000

3,000

3,000

3,000

3,000

3,000

3,000

36,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Health Insurance

 

 

11,250

11,250

11,250

11,250

11,250

11,250

11,250

11,250

11,250

11,250

11,250

11,250

135,000

 

Life Insurance

 

 

4,000

4,000

4,000

4,000

4,000

4,000

4,000

4,000

4,000

4,000

4,000

4,000

48,000

 

Social Security

 

 

12,825

12,825

12,825

12,825

12,825

12,825

12,825

12,825

12,825

12,825

12,825

12,825

153,900

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Consulting Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

International Technical Consultants

90000

 

 

90000

 

 

90000

 

 

90000

 

 

360,000

 

Haitian Technical Consultants

 

100000

 

 

100000

 

 

100000

 

 

100000

 

 

400,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.  International Travel/Per Diem

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Travel for Secretary General, ASG, and Advisors

3000

3000

3000

3000

3000

3000

3000

3000

3000

3000

3000

3000

36,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chief of Mission

 

 

1500

 

 

1500

 

 

1500

 

 

1500

 

1500

7,500

 

Deputy Chief of Mission

 

1000

 

 

1000

 

 

1000

 

 

1000

 

1000

5,000

 

13 Specialists

 

 

13000

 

 

 

 

 

13000

 

 

 

 

13000

39,000

 

Admin Asst.

 

 

1000

 

 

 

 

 

1000

 

 

 

 

1000

3,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.  Local Staff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Four (4) Drivers @ $650/month:

2600

2600

2600

2600

2600

2600

2600

2600

2600

2600

2600

2600

31,200

 

Three (3) Secretaries @ $1,200/month

3600

3600

3600

3600

3600

3600

3600

3600

3600

3600

3600

3600

43,200

 

Two (2) Security Guards @ $850/month

1700

1700

1700

1700

1700

1700

1700

1700

1700

1700

1700

1700

20,400

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.  Local Transportation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Purchase of Four (4) Vehicles

 

80000

 

 

 

 

 

 

 

 

 

 

 

80,000

 

Fuel

 

 

 

800

800

800

800

800

800

800

800

800

800

800

800

9,600

 

Vehicle Maintenance

 

 

500

500

500

500

500

500

500

500

500

500

500

500

6,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.   Communications

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Telephone/fax

 

 

500

500

500

500

500

500

500

500

500

500

500

500

6,000

 

Courier

 

 

 

3000

 

 

 

 

 

 

 

 

 

 

 

3,000

 

Cellular

 

 

 

1200

1200

1200

1200

1200

1200

1200

1200

1200

1200

1200

1200

14,400

 

Internet/email

 

 

3000

 

 

 

 

 

 

 

 

 

 

 

3,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.  Equipment Purchase/Rental

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Purchase of 18 computers (@ $1500 each)

27000

 

 

 

 

 

 

 

 

 

 

 

27,000

 

Purchase of Software

 

9000

 

 

 

 

 

 

 

 

 

 

 

9,000

 

Purchase of 4 printers

 

2000

 

 

 

 

 

 

 

 

 

 

 

2,000

 

Purchase of 1 scanner

 

400

 

 

 

 

 

 

 

 

 

 

 

400

 

Purchase of 2 photocopiers

 

4000

 

 

 

 

 

 

 

 

 

 

 

4,000

 

Purchase of 18 cellular phones (@ $200 each)

3600

 

 

 

 

 

 

 

 

 

 

 

3,600

 

Equipment insurance

 

 

200

200

200

200

200

200

200

200

200

200

200

200

2,400

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.   Office Rental and Maintenance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rental of Office in Port-au-Prince

4000

4000

4000

4000

4000

4000

4000

4000

4000

4000

4000

4000

48,000

 

Utilities

 

 

 

500

500

500

500

500

500

500

500

500

500

500

500

6,000

 

Office Supplies

 

 

200

200

200

200

200

200

200

200

200

200

200

200

2,400

 

Purchase of Generator

 

20000