OEA/Ser.G
CP/doc.3625/02 corr.3
Original: English/French
SIXTH
REPORT OF THE
ORGANIZATION
OF AMERICAN STATES TO
This document is being distributed to the permanent missions and
will be presented to the Permanent Council of the Organization.
EXPLANATORY NOTE
This corrigendum has been published so as to harmonize
the translation of the text of the Draft Initial Accord Rev. 9 with the
translations of the Counterproposal of the Fanmi Lavalas, forwarded under cover
of President Aristide’s letter of
SIXTH REPORT OF THE
ORGANIZATION OF
AMERICAN STATES TO
(THE CONTINUING EFFORT TO FACILITATE A SOLUTION TO THE POLITICAL
CRISIS)
On
Since the General
Assembly, Assistant Secretary General Luigi Einaudi and the Foreign Minister of
On June 12,
Messrs. Hunte and Einaudi presented to the political parties, Fanmi Lavalas and
the Convergence Démocratique, Rev. 9 of the Initial Draft Accord (Annex
1). Rev. 9 was nothing more than a
merger of Rev. 8 as it stood in July 2001 and the compromise elements submitted
to the parties in early December 2001.
To avoid confusion, no language was added or deleted.
On June 14, Fanmi
Lavalas responded to the document, accepting it as "a basis for
negotiation." On June 15, this
positive response was put into writing. Convergence Démocratique, in a letter not received until June 21,
conditioned the making of any response to prior "concrete acts" by
the government on matters discussed between their representatives and President
Aristide at an unprecedented face-to-face meeting on June 15 at the residence
of the Papal Nuncio.
The June 15 meeting,
the first in which the parties had met since President Aristide assumed office,
was one that the Assistant Secretary General and the Foreign Minister had
encouraged with support from the Group of Friends and with the facilitation of
the President of the Bishop's Council of the Catholic Church, Bishop Hubert
Constant.
The issues put forward by Convergence
Démocratique at the face-to-face meeting centered on rule of law matters
related for the most part to specific cases within categories addressed generally
in paragraph 4 of CP/ RES. 806 (1303/02) corr.1 of
On July 1, the
Report of the Commission of Inquiry into the Events of
Between July 5
and 10, 2002, Assistant Secretary General Einaudi returned to
Both responses
are attached. The President’s letter of July 3, (with three attachments) is
appended as Annex II; the response of the Convergence Démocratique is appended
as Annex III.
There was no agreement on the sections printed in bold
__________________________________________________________________________
APPENDIX I
(Original: French)
Rev. 9 June 12, 2002
DRAFT INITIAL ACCORD
We, the undersigned, political parties, civil society organizations, and
churches, reaffirm our deep conviction that the political crisis must be
resolved and democratic institutions strengthened. We solemnly pledge to work toward those
objectives and to spare no effort to attain them in good faith, in line with
hemispheric efforts to promote and consolidate democracy. Therefore, we have agreed on the following
points, with the Government’s guarantee:
·
Convergence Démocratique acknowledges and accepts the results of the
(presidential and one-third of the Senate) elections of
·
Fanmi Lavalas agrees to organize new elections for the legislature and
territorial communities in xxx 2003, on a date to be chosen by the Provisional
Electoral Council (CEP).
A presidential decree or the next elected parliament
(with the participation of the two parties) will ratify and legitimize all
appropriate acts, work, and tasks undertaken (during their time in office) by
those who held office as a result of the elections of May 21, 2000.
I. The formation of a new, credible,
independent, and neutral Provisional Electoral Council (CEP).
We
agree to participate in the appointment of the nine members of the CEP,
according to the following formula, which has been arrived at by
consensus. Each member must be a
respected person enjoying the confidence of all citizens. Prior to the appointment of the members, the
undersigned shall be consulted about the persons designated, in order to verify
that they possess the necessary qualifications.
The
CEP shall have the following mandates, responsibilities, authority, and
guarantees:
a.
To organize, in xxx 2003, elections to replace members of Parliament who
were elected on
b.
Elections for the territorial communities. The indirect elections will be held after
those of the territorial communities.
c.
To name the executive
officers of the CEP, charged with carrying out its decisions.
d.
To review the
qualifications of the CEP staff to verify that they meet the requirements of
professionalism, expertise, impartiality, and fairness. If necessary, the CEP
may name new staff possessing those qualities.
e.
The CEP shall receive
full financial and technical support from the Government of Haiti to ensure its
autonomy and its ability to fulfill its duties without interference. In addition, the Government shall take all
the necessary decisions and measures to guarantee the security and protect the
autonomy of the CEP members, of its staff and advisers, of the candidates, of
political militants, and of citizens, so that they may fully exercise their
political rights throughout the national territory.
f.
The CEP may request and
receive logistical, technical, and financial assistance from the international
community through the state.
DEPARTURE SCHEDULE
A.
Senators
and Deputies
Those who entered Parliament as a result
of the elections of
B.
Territorial
Communities
Once the Accord is signed, a number of
local officials (determined by consensus between Fanmi Lavalas and Convergence
Démocratique) will be removed from office for abusive behavior. Their
successors, recommended by the Electoral Guarantees Commission from among
honest individuals, shall be appointed Executive Agents until the newly elected
officials assume their functions.
Outgoing officials (with the exception
of those who will be removed for abusive behavior) will be entitled to remain
at their posts until the elected officials are sworn in.
The CEP may, at its discretion, reject
any person it deems to be unacceptable as a candidate for election.
A compensation scheme could be drawn up
to cover the loss of income occasioned by the shortening of the terms of
office.
The remaining local representatives will
remain at their posts until the swearing-in of their successors and their
return to office. As described in the existing OAS proposal, however, the
Electoral Guarantees Commission will monitor the performance of all the local
representatives prior to the elections.
II. The establishment
of an environment conducive to the expression of political preferences and
permitting free elections
We agree to take all measures that will increase
confidence and respect among the political parties and the Government.
The Police in particular should exercise the greatest
prudence and care to perform their functions in an impartial, neutral, and just manner. The Provisional Electoral Council (CEP) shall
have the authority to monitor the National Police to see that they are
performing their functions in an impartial, neutral, and just manner. To that end, the CEP shall devise a means of
supporting this monitoring function, after consultations with the political
parties, civil society, and the churches.
Through that mechanism, and through its Electoral
Guarantees Commission, the CEP shall receive complaints and requests from
political parties, candidates, and citizens concerning National Police
operations in connection with the electoral process. Also, the mission of the Inter-American
Commission on Human Rights and the Electoral Observation Mission may report to
the CEP any shortcomings they may have observed.
The CEP shall have the right to submit recommendations
on corrective measures to the Superior National Police Council (CSPN). Likewise, it may communicate with the
Government of the Republic to present recommendations for resolving problems it
has identified. The recommendations of
the CEP may include specific proposed deadlines for their implementation. The CSPN shall take all necessary measures to
address the recommendations of the CEP with the greatest diligence, so as to
ensure the maintenance of an environment conducive to the success of the
campaign, the election, and the post-electoral activities.
The Superior National Police Council shall ensure that
there is no interference with the recruitment, work, and professional conduct
of the Police.
The Government of Haiti shall invite a mission of the
Inter-American Commission on Human Rights to monitor the observance of human
rights.
The Government of Haiti will also ask the OAS and
CARICOM to send an electoral observation mission (EOM) to be present throughout
the election process. The EOM will provide the CEP with technical assistance
and verify the existence of all the conditions needed to guarantee free,
transparent, and fair elections that allow citizens to express their political
preferences freely, in an atmosphere free from intimidation.
The Government of Haiti will request technical
assistance for the National Police to help with the preparation and
implementation of security plans.
The CEP
establishes an Electoral Guarantees Commission (EGC) to:
·
Strengthen the
participation and
·
Help the CEP gather,
analyze, and process complaints by candidates or citizens with respect to the
electoral process.
·
The EGC will comprise,
inter alia, representatives of electoral observation missions, of a national
coordination body formed on the basis of experience with coordinating electoral
observation in
·
It will be run jointly
by eminent persons appointed by the Conference of Bishops and the Protestant
Federation of Haiti under the supervision of the President of the CEP.
The Electoral Guarantees Commission will establish
decentralized committees at the departmental and communal levels. The committees established at the communal
level may attend the deliberations of the municipal councils and CASECS. They will have access to the documents issued
by these communities and will be authorized to investigate the documentation
and testimony concerning the activities of the communes and the CASECS.
Committees established at the departmental level will have investigatory power
over state assets and personnel in each district.
Should instances of fraud or grave irregularities be
detected in respect of the Constitution, the electoral law, or this Accord,
these departmental and communal committees will transmit the results of their
investigations to the national Commission.
The EGC may then ask the Government and the Judiciary to take adequate
measures, in particular, under Articles 72 and 73 of the Constitution. The EGC will also transmit the file to the
Electoral Observation
III. Furtherance of
national dialogue aimed at reaching a political agreement that will strengthen
democracy and observance of human rights and promote economic and social
progress.
We are willing to
undertake, within 30 days of the signing of this Accord and with the backing of
the Government of Haiti and the OAS
Special Mission for Strengthening Democracy in Haiti, a dialogue among
political parties and civil society organizations aimed at devising and
reaching a political agreement on the following issues:
a.
Security for citizens, a
justice system, and a police system, including the establishment of civilian
authorities to oversee the police.
b.
Strengthening of
democracy and of opportunities for participation, including an institutional
framework for political parties.
c.
Human rights.
d.
Economic and social
development.
e.
Governance and
transparency.
IV.
Arrangements for the appointment of the members
of the CEP
We agree to the
President of the Republic appointing members of the CEP proposed by the
following institutions:
·
1
representative of Fanmi Lavalas
·
1 representative of Convergence Démocratique
·
1 representative of the
other political parties
·
1 representative of the
Conference of Bishops
·
1 representative of
Reformed Churches coordinated by the Protestant Federation of
·
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
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
................................................... European
Union
Dean of the Diplomatic
Corps...................................
.................................................................
....................................
......................................................................
Seen and approved by the Government of Haiti
……………..……………….
Appendix II B
(Original:French)
Counterproposal by Fanmi Lavalas
to the Initial Draft Accord, Rev. 9 of
______________________________________________________________
We,
the undersigned, political parties, civil society organizations, and churches,
reaffirm our deep conviction that the political crisis must be resolved and democratic institutions
strengthened. We solemnly pledge to work
toward those objectives and to spare no
effort to attain them in good faith, in line with hemispheric efforts to promote
and consolidate democracy. Therefore, we
have agreed on the following points, with the
Government’s guarantee:
·
Convergence Démocratique acknowledges and accepts the results of the
(presidential and one- third of the
Senate) elections of
·
Fanmi Lavalas agrees to organize new elections for the legislature and
territorial communities in xxx 2003, on a date to be chosen by the Provisional
Electoral Council (CEP).
A presidential decree
or the next elected parliament (with the participation of the two parties) will
ratify and legitimize all appropriate acts, work, and tasks undertaken (during
their time in office) by those who held office as a result of the elections of
May 21, 2000.
I. The formation of a new, credible,
independent, and neutral Provisional Electoral Council (CEP).
We agree to participate
in the appointment of the nine members of the CEP, according to the following
formula, which has been arrived at by consensus. Each member must be a respected person
enjoying the confidence of all citizens.
Prior to the appointment of the members, the undersigned shall be
consulted about the persons designated, in order to verify that they possess
the necessary qualifications.
The
CEP shall have the following mandates, responsibilities, authority, and
guarantees:
a.
To organize, in xxx 2003, elections to replace members of Parliament who
were elected on
b.
Elections for the territorial communities. The indirect elections will be held after
those of the territorial communities.
c.
To name the executive
officers of the CEP, charged with carrying out its decisions.
d.
To review the qualifications
of the CEP staff to verify that they meet the requirements of professionalism,
expertise, impartiality, and fairness.
If necessary, the CEP may name new staff possessing those qualities.
e.
The CEP shall receive
full financial and technical support from the Government of Haiti to ensure its
autonomy and its ability to fulfill its duties without interference. In addition, the Government shall take all
the necessary decisions and measures to guarantee the security and protect the
autonomy of the CEP members, of its staff and advisers, of the candidates, of
political militants, and of citizens, so that they may fully exercise their
political rights throughout the national territory.
f.
The CEP may request and
receive logistical, technical, and financial assistance from the international
community through the state.
DEPARTURE SCHEDULE
A.
Senators
and Deputies
Those who entered Parliament as a result of the
elections of
B.
Territorial
Communities
Once the Accord is signed, local
elected representatives in violation of the Constitution and the law will be
removed from office in accordance with Article 72 of the Constitution. The vacancies thereby created will be filled in accordance with the
Constitution. However, bearing in mind the lack of a Departmental Council,
these local representatives will be replaced on the basis of consensus.
Local representatives (with the exception
of those who will be removed for abusing their office) will be entitled to
remain at their posts until the newly elected representatives are sworn in.
Under the Electoral Law, the CEP may, at
its discretion, reject any person it deems to be unacceptable as a candidate
for election.
A
compensation scheme could be drawn up to cover the loss of income occasioned
by the shortening of the terms of office.
The
remaining local representatives will remain at their posts until the
swearing-in of their successors and their return to office. The performance of
all the local representatives will be monitored prior to the elections in
accordance with constitutional precepts.
II. The establishment
of an environment conducive to the expression of political preferences and
permitting free elections
We agree to take all measures that will increase confidence and
respect among the political parties and the Government.
The Police in particular should exercise the greatest prudence
and care to perform their functions in an
impartial, neutral, and just manner.
The Provisional Electoral Council (CEP) shall have the authority to
monitor the National Police to see that they are performing their functions in
an impartial, neutral, and just manner.
To that end, the CEP shall devise a means of supporting this monitoring
function, after consultations with the political parties, civil society, and
the churches.
Through that mechanism, and through its Electoral Guarantees
Commission, the CEP shall receive complaints and requests from political
parties, candidates, and citizens concerning National Police operations in
connection with the electoral process.
Also, the mission of the Inter-American Commission on Human Rights and
the Electoral Observation Mission may report to the CEP any shortcomings they
may have observed.
The CEP shall have the
right to submit recommendations on corrective measures to the Superior National
Police Council (CSPN). Likewise, it may
communicate with the Government of the Republic to present recommendations for
resolving problems it has identified.
The recommendations of the CEP may include specific proposed deadlines
for their implementation. The CSPN shall
take all necessary measures to address the recommendations of the CEP with the
greatest diligence, so as to ensure the maintenance of an environment conducive
to the success of the campaign, the election, and the post-electoral
activities.
The
Superior National Police Council shall ensure that there is no interference
with the recruitment, work, and professional conduct of the Police.
The Government of Haiti shall invite a mission of the
Inter-American Commission on Human Rights to monitor the observance of human
rights.
The Government of Haiti will also ask the OAS and CARICOM to
send an electoral observation mission (EOM) to be present throughout the
election process. The EOM will provide the CEP with technical assistance and
verify the existence of all the conditions needed to guarantee free,
transparent, and fair elections that allow citizens to express their political
preferences freely, in an atmosphere free from intimidation.
The Government of Haiti will request technical assistance for
the National Police to help with the preparation and implementation of security
plans.
The
CEP establishes an Electoral Guarantees Commission (EGC) to:
·
Strengthen the
participation and
·
Help the CEP gather,
analyze, and process complaints by candidates or citizens with respect to the
electoral process.
·
The EGC will comprise,
inter alia, representatives of electoral observation missions, of a national
coordination body formed on the basis of experience with coordinating electoral
observation in
·
It will be run jointly
by eminent persons appointed by the Conference of Bishops and the Protestant
Federation of Haiti under the supervision of the President of the CEP.
·
The EGC will carry out its functions all over the country in accordance
with the Electoral Law and the instructions of the Provisional Electoral
Council.
·
Any instances of fraud or grave irregularities reported to the EGC by
any interested party entitle it to refer the matter instantly to the CEP for
legal action.
III. Furtherance of national dialogue aimed at reaching
a political agreement that will strengthen democracy and observance of human
rights and promote economic and social progress.
We are willing to undertake, within 30 days of the signing of
this Accord and with the backing of the Government of Haiti and the OAS-CARICOM Special Mission for
Strengthening Democracy in
a.
Security for citizens, a
justice system, and a police system, including the establishment of civilian
authorities to oversee the police.
b.
Strengthening of
democracy and of opportunities for participation, including an institutional framework for political
parties.
c.
Human rights.
d.
Economic and social development.
e.
Governance and transparency.
IV.
Arrangements for the appointment of the
members of the CEP
We agree to the
President of the Republic appointing members of the CEP proposed by the
following institutions:
·
1 representative
of Fanmi Lavalas
·
1 representative of Convergence Démocratique
·
1 representative of the
other political parties
·
1 representative of the
Conference of Bishops
·
1 representative of
Reformed Churches coordinated by the
Protestant Federation of Haiti
·
1 representative of the Episcopal Church
·
1 representative of the Judiciary
·
1 representative of
employers’ organizations coordinated by the
Haitian Chamber of Commerce and Industry (CCIH)
·
1 representative of
human rights organizations coordinated by Justice and Peace.
In the event that an
organization or sector fails to make a choice by the appointed deadline, the
Conference of Bishops, the Protestant Federation of Haiti, the Episcopal
Church, the Judiciary, and the coordinator for human rights organizations will
jointly fill the gap.
Should a member of the CEP resign or be
disqualified or unable to exercise his or her functions, he or she will be
replaced by the same body that made the appointment.
As
contemplated in Chapter I, each of the members should be respected and
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
................................... Initiative
de la Société Civile
Fondation Nouvelle
Haiti..............................
..................................... Chamber
of Commerce and Industry
Center for Free
Enterprise and Democracy.........................
......................................... Organization
of American States
..................................................... European
Union
Dean of the Diplomatic
Corps...................................
...................................................................
........................................
......................................................................
Seen and approved
by the Government of
Appendix II C
(Original: French)
ACCORD
Between the Haitian
Government represented by the Minister of Justice and Public Security, Mr.
Jean-Baptiste BROWN,
And
The undersigned:
□
Mr. Reynold GEORGES,
representing ALAH and KID
□
Mr. Yves GUSTINVIL, of
the MAYARD-PAUL law firm, representing MOCHRENHA
□
Ms. Gladys LEGROS,
representing ORGANISATION DU PEUPLE EN LUTTE (OPL) and CENTRE DE RECHERCHES ET
DE FORMATION ECONOMIQUE ET SOCIALE POR LE DEVELOPPEMENT (CRESFED), Mr. FRITZ
VAVAL and Mrs. VAVAL née TANIA PIERRE-CHARLES
□
Messrs Dilia LEMAIRE and
J. F. Annibal COFFY, representing KONAKOM and Ms. Jessie BENOIT
□
Mr. Jean Eugène
PIERRE-LOUIS, Attorney for both NATIONAL POLICE AND CIVILIAN VICTIMS
1.
2.
Moricette, Eduard, A1 (7
years)
3.
Jacques UHL, A2 (6
years)
4.
Jean Eustache Romain,
Lorma Romain (relative of Ferdinand), deceased
5.
Théogène Pierre
Ferdinand (relative of policeman Jean François Théogène, deceased
6.
Mémé Jacqueline, wife of
Dieugrand (paralyzed)
7.
Anthony Nazaire
Considering that at the
time of the events of December 17, 2001, material and physical harm was done by
different groups of enraged persons above all to the aforementioned political
parties, members of those parties, and to the other persons and institutions
mentioned above;
Considering that the
Haitian Government, following an OAS recommendation, decided that it was time
to make appropriate reparation to the aforementioned victims;
Considering that an
Advisory Commission was formed to that end to determine the criteria that
should govern the reparations; and
Considering that the
Haitian Government, the political parties, and the other persons mentioned
above have sought to settle this matter through a negotiated accord,
Have agreed and decided as follows:
Article I. – The
undersigned parties reaffirm their willingness to seek through negotiations a
friendly settlement for making the just reparations to which they are entitled
on account of the losses endured at the time of the events of December 17,
2001.
Article II. – The
Haitian Government commits itself, once this accord has been reached, to
disbursing the agreed-upon amounts to each of the victims, parties to this
agreement, following the procedures established by the OAS Advisory Council.
Article III. – It
remains understood that this accord in principle in no way deprives the
undersigned parties of their right to resort to all judicial remedies in the
event that the amicable negotiations fail to lead to agreement.
Article IV. – Wherefore
the parties acknowledge that this Accord forms part of the overall framework of
political negotiations.
Reynold GEORGES,
Attorney Gladys
LEGROS, Attorney
ALAH and KID OPL,
CRESFED
SUZIE
CASTOR
Mr.
and Mrs. FRITZ VAVAL
Yves GUSTINVIL,
Attorney Jean-Eugène
PIERRE-LOUIS,
pp. Dr. Luc
MESADIEU Attorney
Pres. of MOCHRENHA pp.
Nat. Police & Civilian Victims
Sylvia DIEUDONNE
Vice-Pres. of
MOCHRENHA
Heirs of Rémy
DARANT
Dilia
LEMAIRE, Attorney
J.F.
Annibal COFFY, Attorney
KONAKOM
And
Ms. Jessie BENOIT
Jean-Baptiste BROWN, Attorney
Minister of Justice and Public Security
Government of
APPENDIX III
(Original: French)
CONVERGENCE DEMOCRATIQUE
105, Avenue Lamartinière, Bois-Verna,
Tel: (509)245-3584
Ambassador Luigi Einaudi
Assistant Secretary General
Organization of American States
Dear Mr. Assistant Secretary
General,
Convergence
Démocratique is honored to transmit to you its reply to revision 9 of the
Initial Draft Accord that you submitted to it.
It is understood that the submission of this document does not signify a
resumption of negotiations. We would like
it to be used in a restricted fashion pending a resumption of the process.
Given
the refusal of the de facto Haitian Government to follow through with its
commitments to implement Permanent Council resolution 806, this reply
demonstrates the readiness of Convergence to achieve a negotiated solution to
the Haitian crisis and its acknowledgement of the mediation efforts undertaken
by the OAS and, in particular, by yourself.
We
are prepared, as soon as conditions are met, to resume direct negotiations
under your auspices to finalize an agreement which we hope will be respected.
In
the face of the dire poverty of our people and of unacceptable circumstances,
we took courageous decisions in the past.
Today, we are again prepared to assume our responsibilities toward our
country and our people by remaining flexible, all the while upholding the
principles and values that guide democratic societies.
Sincerely yours,
Gérard
PIERRE-CHARLES Victor
BENOIT
OPL Espace
de Concertation
Hubert
de RONCERAY Luc
MESADIEU
MPSN MOCHRENA
Normal type: Agreed
proposals
Bold type: New
proposals by Ambassador Luigi EINAUDI
Italics and underlined: Proposals
by Convergence
[ … ]: Deleted
proposals
REPLY FROM
CONVERGENCE DEMOCRATIQUE
TO REVISION 9 of
INITIAL DRAFT
ACCORD
The
undersigned, political parties and the
Executive [civil society organizations and churches], reaffirm
our deep conviction that the political crisis must be resolved and democratic
institutions strengthened. We solemnly
pledge to work toward those objectives and to spare no effort to attain them in
good faith, in line with hemispheric efforts to promote and consolidate
democracy. Therefore, we have agreed on
the following points, [with the
Government’s guarantee]:
[Convergence Démocratique acknowledges and accepts the results of the
(presidential and one-third of the Senate) elections of
The Provisional
Electoral Council (CEP) shall express its position, within two (2) months of
its installation, on the presidential elections of
[Fanmi Lavalas agrees to organize new
elections for the legislature and territorial communities in xxx 2003, on a
date to be chosen by the Provisional Electoral Council (CEP).
A presidential decree
or the next elected parliament (with the participation of the two parties) will
ratify and legitimize all appropriate acts, work, and tasks undertaken by those
who held office as a result of the elections of May 21, 2000 (during their time
in office).]
The next parliament
resulting from the new elections will ratify and legitimize all appropriate
acts, work, and tasks undertaken by those who held office as a result of the
2000 elections.
1. [The formation] The
mandate 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 inspire the respect of all
citizens and enjoy their trust. Prior to
the appointment of the members, the undersigned shall be consulted about the
names of the persons designated, in order to verify that they possess the
necessary qualifications.
The CEP shall have the following
mandates, responsibilities, authority, and guarantees:
[a. To
organize, in 2003, elections to replace members of Parliament who were elected
on
a.
To organize simultaneous elections for the complete reconstitution of
the two chambers and the territorial communities in 2003, at least twelve
months after the signing of the present Accord, on a date to be set by the CEP.
[b. Elections
for the territorial communities. The
indirect elections will be conducted after those of the territorial
communities.]
b. To
organize indirect elections no later than six (6) months after the installation
of the newly elected local officials
c.
To name the executive
officers of the CEP, charged with carrying out its decisions.
d.
To review the
qualifications of the CEP staff to verify that they meet the requirements of
professionalism, expertise, impartiality, and fairness. If necessary, the CEP may name new staff
possessing those qualities.
e.
The CEP shall prepare, in consultation with the political parties,
electoral regulations having the force of law, which shall be published in the
official journal, Le Moniteur. These
regulations shall guarantee that the political parties are given equitable
conditions for participation in elections, so as to ensure their
competitiveness, particularly regarding financial resources and media access.
f.
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.
g.
The CEP may request and
receive logistical, technical, and financial assistance from the international
community through the state.
DEPARTURE SCHEDULE
A. Senators and Deputies
[Those who entered Parliament as a result
of the elections of
As of the signing of
the Accord, the current holders of elective posts shall resign.
[B. Territorial
Communities
Once the Agreement has
been signed, a number of local officials (determined by consensus between Fanmi
Lavalas and Convergence Démocratique) will be removed from office for abusive
behavior. Their successors, recommended by the Electoral Guarantees Committee
from among honest individuals, shall be appointed Executive Agents until the
newly elected officials assume their functions.
Outgoing officials (with the exception of those who will be removed for
abusive behavior) will be entitled to remain in their posts until the elected
officials are sworn in.
The CEP may, at its
discretion, reject any person it deems to be unacceptable as a candidate for
election.
A plan could be drawn
up to compensate for the loss of income caused by shortened terms of office.
The remaining local
representatives will remain in their posts until their successors are sworn in
and they assume office. As described in the existing OAS proposal, however, the
Electoral Guarantees Committee will monitor the performance of all local
representatives in the period before the elections, in accordance with the
provisions of the Constitution.]
On a proposal by the
Lavalas Party, Convergence Démocratique, and civil society, the Electoral
Guarantees Committee (EGC) shall recommend that interim agents replace members
of the Councils. These interim agents
may not be candidates in the elections.
II. The establishment of an environment conducive to the
expression of political preferences and permitting free elections
We
agree to take all measures that will increase confidence and respect between
the political parties and the Government.
A Prime Minister
from Convergence shall make up, together with the Head of State, a consensus
Government, in collaboration with civil society. This Government shall be installed within 15
days after the signing of the Accord.
The Head of State
and the Prime Minister shall adopt, in the Council of Ministers, and publish,
in Le Moniteur, a decree for the purpose of:
·
Confirming the antidemocratic and criminal nature of the acts
perpetrated throughout the country against the lives and property of opposition
party members;
·
Instructing government prosecutors and police commissioners from all
jurisdictions to mobilize public action against the authors and co-authors of
the acts perpetrated on
The Police in particular [should] shall 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 smooth running of the
campaign, the election, and the post-electoral activities.
The
The
Superior National Police Council shall ensure that there is no interference in
the recruitment, work, and professional conduct of the Police.
The Government
pledges to take action to prohibit all circulation or use of military weapons
by anyone except specialized police units.
The Government shall mobilize the process of dismantling and disarming
armed bands. The Government shall
request, as necessary, specialized bilateral or multilateral assistance to
bring about disarmament. A quadripartite
committee (political parties, civil society, Government, and OAS Special Mission to Strengthen Democracy
in Haiti) shall supervise the disarmament process.
The
Government of Haiti shall invite a mission of the Inter-American Commission on
Human Rights to monitor respect for human rights.
The
Government of Haiti shall also ask the
international community, in particular, the OAS and CARICOM, to send an
electoral observation mission (EOM) to be present throughout the election
process. The EOM shall provide the CEP with technical assistance [and verify
the existence of all]. It shall ensure that all
necessary conditions are in place
to guarantee free, transparent, and fair elections, allowing for the free
expression of political preferences in an atmosphere free from intimidation.
The Government of
The General Office
of Accounts and Administrative Litigation (Cour Supérieure des Comptes et du
Contentieux Administratif) shall be reconstituted during the transitional
period on the basis of consensus with competent figures proposed by the
Government, the Opposition, and civil society.
It shall begin to operate as early as possible.
The
Government of Haiti shall request technical assistance for the National Police
to help with the preparation and implementation of security plans.
The Government of
The Government of
The
CEP shall establish 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 shall comprise, inter alia, representatives of electoral
observation missions, of a national coordination body formed on the basis of
experience with coordinating electoral observation in
·
The EGC shall be run
jointly by eminent persons appointed by the Conference of Bishops and the
Protestant Federation of Haiti under the supervision of the President of the
CEP.
The Electoral Guarantees Committee shall establish decentralized
committees at the
departmental [and communal] level [levels]. [The
committees established at the communal level may participate in the municipal
and CASECS deliberations. They] These
committees shall have
access to the documents issued by [these] the communities and shall be authorized to
investigate the documentation and testimony concerning the activities of the
communes [and] the CASECS,
justices of the peace (juges de paix), policemen, and other public officials
regarding electoral matters. [Committees established at the departmental
level shall have investigatory power over state assets and personnel in each
district.]
The EGC shall monitor the performance and conduct of officials during
the period from the signing of the Accord to after the elections. Any lapse in impartiality, any breach of this
Accord, the Constitution, or electoral regulations shall be reported to the
EGC, which shall conduct an investigation.
If a party is found guilty, it shall recommend sanctions ranging from
reprimand to dismissal, without prejudice to court action.
[Should instances of fraud or grave
irregularities be detected in respect of the Constitution, the electoral law,
or this Accord, these departmental and communal committees shall transmit the
results of their investigations to the national Committee. The EGC may then ask the Government and the
Judiciary to take adequate measures, in particular under Articles 72 and 73 of
the Constitution. The EGC shall also
transmit the file to the Electoral Observation
The EGC shall establish a Central Police Surveillance Committee (CCSP)
in consultation with the political parties, civil society, and churches.
In the capital and in departmental and communal districts, the CSPN
shall dispatch, on orders from the CEP authorities, appropriate police
troops. In keeping with the chain of
command, these troops are obliged to obey the orders they receive, under threat
of prison or dismissal.
These troops shall be placed under the immediate supervision of the CCSP
and its provincial offices.
The structure and composition of the CCSP shall be determined by the
internal decision of the CEP in conjunction with the political parties, civil
society, and churches.
III. Efforts to bring about
national dialogue aimed at reaching a political agreement that will strengthen
democracy and respect for human rights and promote economic and social progress
We
are willing to undertake, within 30 days of the signing of this Accord and with
the backing of the Government of Haiti and the OAS/CARICOM Special Mission
to Strengthen Democracy in Haiti, a dialogue among political parties and
civil society organizations aimed at devising and reaching a political
agreement on the following issues:
a.
Security for citizens, a
justice system, and a police system, including the establishment of civilian
authorities to oversee the police.
b.
Consolidation of
democracy and of opportunities for participation, including the strengthening of
political parties as institutions.
c.
Human rights.
d.
Economic and social
development.
e.
Governance and
transparency.
The political Accord
should make it possible to establish the basis for building a state under the
rule of law through the strengthening of security, the institutionalization of
democracy, respect for human rights, promotion of economic and social progress,
good governance, and transparency.
IV. Arrangements for the appointment of CEP members
We
agree to the President of the Republic’s 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 shall 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 shall be replaced by the same body that made the
appointment.
As
contemplated in Chapter I, each of the members should inspire the respect of
all citizens and enjoy their trust. 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.
VI.
Follow-up
of the present Accord
a.
Mediation Committee
Within fifteen (15)
days following the signing of the Accord, the two (2) signatory parties shall
agree to appoint from each side three (3) competent individuals to be part of
the Mediation Committee. These Executive
Commissioners of the Accord (CEA) shall receive from those who appointed them
the necessary powers to iron out difficulties, stave off unforeseen
circumstances, and facilitate good relations between the contracting
parties. In particular, they shall be
entrusted with preparing for National Dialogue.
b.
Joint Follow-up
Committee
A Joint Follow-up
Committee made up of members appointed by civil society, the Conference of Bishops,
the Federation of Protestant Churches of Haiti, human rights organizations, and
the OAS Special Mission to Strengthen Democracy in Haiti, in collaboration with
the Electoral Guarantees Committee (EGC) shall monitor this Accord. This Committee shall issue periodic detailed
reports on progress made in implementing this Accord. These reports shall serve as reference for
the national and international community.
VII.
Final
provisions
For all matters
regarding the implementation schedule, personal conflicts between party
representatives, or the interpretation of all or part of this Accord, the two
(2) parties shall recognize dialogue and friendly settlement as the first means
of settling disputes.
In the event of
failure, the dispute shall be brought before an arbitration committee made up
of three (3) national experts drawn by lot from three (3) lists of two (2)
presented by the national organizations of the Follow-up Committee. This Committee’s conclusions shall be binding
on the parties.
It is understood
that this Agreement shall lapse in the event of repeated breaches thereof that
are not amicably settled, serious differences that remain unsolved, and the
avowed refusal to apply the arbitrators’ conclusions.
This Initial Accord,
as necessary, may be the subject of simple amendments. These amendments shall then become an
integral part of the text as a whole.
Signed at Port-au-Prince,
on
Fanmi
Lavalas Convergence
Démocratique
WITNESSES:
Conference of Bishops of
Initiative de la
Société Civile or Chamber
of Commerce and Industry
Fondation
Nouvelle Haiti
CP10145E01
Center for Free Enterprise and Democracy Organization of American
States
Seen and approved by the
Government of
1. This
2.
CP/RES. 806
also called for the establishment of a Special Mission (paragraph 3) and the
resumption of “… OAS-sponsored negotiations as a matter of urgency…” (Paragraph
7). Though recognized in AG/RES. 1841
(XXXII-O/02), CP/RES. 806 was not referred to as a precondition to a negotiated
agreement.
3.
In
CP/doc.3609/02 corr. 1, dated
[4]. Amendments to the initial document.