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.