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OEA/Ser.G
CP/RES. 822 (1331/02)
4 September 2002
Original: French/English |
CP/RES. 822 (1331/02)
SUPPORT FOR
STRENGTHENING DEMOCRACY IN HAITI
THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,
DEEPLY CONCERNED by the continuing political crisis in Haiti resulting from the
elections of May 21, 2000;
HAVING CONSIDERED the extensive efforts by the OAS and CARICOM to contribute to
resolution of that crisis and the numerous missions that these two
organizations have dispatched to Haiti to facilitate agreement on a political
accord, without having reached a satisfactory solution;
HAVING SEEN the Sixth Report of the Mission of the Organization of American
States to Haiti on the OAS-CARICOM mission to Haiti from July 5 to 10, 2002
(CP/doc. 3625/02 corr. 3), headed by the Assistant Secretary General,
Ambassador Luigi Einaudi, and the Minister of Foreign Affairs of Saint Lucia,
the Honorable Julian Hunte, in his capacity as CARICOM representative, and the
Report of the Secretary General In Response to CP/INF. 4724/02 (CP/doc.3643/02
corr. 1);
HAVING NOTED in those documents the respective positions of the Government of
Haiti and Convergence Democratique with regard to the Draft Initial Accord
submitted by the OAS and CARICOM negotiators on June 12, 2002;
RECOGNIZING that Fanmi Lavalas and Convergence Democratique have agreed on the
need for elections in 2003 and on the formation of the Provisional Electoral
Council (CEP), as well as on its composition and on arrangements for
appointment of its members, as set forth in the OAS Draft Initial Accord (Rev.
9) of June 12, 2002;
RECALLING resolutions CP/RES. 772 (1247/02) of August 4, 2000; CP/RES. 786
(1267/01) corr. 2, of March 19, 2001; AG/RES. 1831 (XXXI-O/01) of June 5, 2001;
CP/RES. 806 (1303/02), corr. 1, of January 15, 2002; and AG/RES. 1841
(XXXII-O/02), of June 4, 2002;
TAKING INTO CONSIDERATION the steps the Government of Haiti has taken to comply
with these resolutions, as stated in the Report of the Secretary General In
Response to CP/INF. 4724/02 (CP/doc.3643/02 corr. 1);
BEARING IN MIND:
That the Special Mission of the Organization of American States to Strengthen
Democracy in Haiti has been deployed and is pursuing its activities in
accordance with resolution CP/RES. 806 (1303/02) corr. 1;
That the independent Commission of Inquiry has submitted its report on the
events of December 17, 2001, and that the Government of Haiti has committed to
implement the recommendations made in this report;
That on July 10, 2002, the Government of Haiti and the victims of the events of
December 17, 2001, signed a protocol of agreement on the payment of reparations
and that the Government of Haiti has committed itself to make payment to each
victim based on procedures established by the OAS Advisory Council on
Reparations;
That the Government of Haiti has proposed that free, fair and technically
feasible legislative and local elections be held in the first half of 2003;
CONVINCED:
Of the need to normalize the functioning of democratic institutions in Haiti and
to strengthen them, in keeping with the spirit and principles of the Charter of
the OAS and the Inter-American Democratic Charter, and that for this purpose
the OAS will continue to use its good offices and resources;
That preparations must begin soon for free, fair and technically feasible
legislative and local elections in 2003;
That dialogue and consensus-building measures are necessary to help guarantee a
peaceful and democratic solution to the political crisis in Haiti;
REAFFIRMING:
That the Inter-American Democratic Charter proclaims that "the peoples of
the Americas have a right to democracy and that their governments have an
obligation to promote and defend it;" and that "essential elements of
representative democracy include, inter alia, respect for human rights and
fundamental freedoms, access to and the exercise of power in accordance with
the rule of law, the holding of periodic, free, and fair elections based on
secret balloting and universal suffrage as an expression of the sovereignty of
the people, the pluralistic system of political parties and organizations, and
the separation of powers and independence of the branches of government";
That the Inter-American Democratic Charter also states that "democracy and
social and economic development are interdependent and are mutually
reinforcing" and that the "promotion and observance of economic,
social, and cultural rights are inherently linked to integral development,
equitable economic growth, and to the consolidation of democracy in the states
of the Hemisphere"; and
DEEPLY CONCERNED by the continuing deterioration of the socioeconomic situation
in Haiti, the ongoing suffering of the people, and its potential for
humanitarian disaster and convinced that efforts must be made, as a matter of
urgency, to alleviate these conditions;
RESOLVES:
1. To take note of the Sixth Report of the Mission of
the Organization of American States to Haiti (CP/doc. 3625/02 corr. 3)
concerning the joint OAS/CARICOM efforts to facilitate a solution to the
political crisis in Haiti, and to thank the OAS Secretary General, the
Assistant Secretary General and the Minister of Foreign Affairs of Saint Lucia
in his capacity as Representative of CARICOM for their initiatives in this
regard.
2. To take note of the report of the Commission of
Inquiry and to thank the Commission and the Advisory Council on Reparations for
their diligent efforts in contributing to a peaceful resolution of the
political crisis in Haiti.
3. To welcome the Government of Haiti's expressed
commitment to implement the recommendations of the Commission of Inquiry as
well as the recommendations of the Advisory Council on Reparations, as
reflected in the Accord signed by the Minister of Justice, Claimants and their
Representatives on July 9, 2002, and to call on the Government of Haiti to do
so as soon as possible.
4. To further welcome the Government of Haiti's pledge
to undertake additional confidence building measures, bearing in mind that some
elements can be implemented more expeditiously than others and that additional
financial and technical assistance may be necessary. These measures include:
a. To publish within 60 days of receipt of the Commission of Inquiry Report a
report by the Minister of Justice on actions taken with respect to persons
found to be implicated in the events of December 17, 2001 and subsequent days;
b. To strengthen its disarmament policies and programs and, in this regard,
invite the active cooperation of the International Community, through the OAS
Special Mission, in the development and implementation of a comprehensive
disarmament program;
c. To implement, to the fullest extent of its lawful authority, all the
Recommendations on Human Rights and the Press set forth in the Report of the
Commission of Inquiry into the Events of December 17, 2001, and all other
Recommendations in the Report that are, in whole or in part, directed to it.
5. To recognize, as noted in the report of the Secretary
General of August 20, 2002 (CP/doc. 3643/02 corr. 1), the positive steps that
the Government of Haiti has taken to date to implement Permanent Council
resolution CP/RES. 806 (1303/02) corr. 1 and to support and urge it to
implement fully all pending elements of that resolution as soon as possible,
bearing in mind that some elements can be implemented more expeditiously than
others and that additional financial and technical assistance may be necessary.
These include in particular:
a. The restoration of a climate of security;
b. The effective prosecution of any person, and dismissal, when appropriate, of
any person found to be author of or accomplice in the violence of December 17,
2001, and subsequent days;
c. The completion of a thorough inquiry into all politically-motivated crimes;
d. Prompt reparation for organizations and individuals who suffered damages as a
direct result of the violence of December 17, 2001.
6. To urge the Government of Haiti that, with a view to
establishing the conditions for elections to be held in 2003, it renew efforts
to ensure a climate of security and confidence within the parameters
established in operative paragraph 5 of AG/RES. 1841 (XXXII-O/02), bearing in
mind the need to strengthen independent police and judicial institutions as
part of its renewed efforts to combat impunity as called for in paragraph 6 of
AG/RES. 1841 (XXXII-O/02).
7. To reaffirm the importance of holding free, fair, and
technically feasible legislative and local elections-on a date in 2003 to be
established by the Provisional Electoral Council (CEP)--in which all political
parties can participate freely and securely. The conduct of these elections
shall take into consideration the Government of Haiti's constitutional
electoral prerogatives and shall be in accordance with the process proposed by
the OAS in the Draft Initial Accord (Rev. 9) of June 12, 2002, which includes:
a. The formation of an autonomous, independent, credible and neutral CEP) no
later than two months after adoption of this resolution;
b. The establishment by the CEP, within the parameters of Haitian law and no
later than 30 days after the formation of the CEP, of a Electoral Guarantees
Commission (CGE), which shall be comprised of, inter alia, representatives of a
national coordination body formed on the basis of experience of coordinating
electoral observation in Haiti and of civil society organizations, and
witnessed by representatives of electoral observation missions and the OAS
Special Mission to Strengthen Democracy in Haiti ;
c. The monitoring by the CEP of the activities of the police in connection with
the electoral process.
8. To further recognize the urgency of forming the CEP,
in accordance with the process proposed by the OAS in the Draft Initial Accord
(Rev. 9) of June 12, 2002, no later than two months after adoption of this
resolution.
9. To offer the Government of Haiti, political parties,
and civil society the support and technical assistance of the Organization of
American States that is required to facilitate the process of forming the CEP
and preparing for and holding these elections.
10. To encourage all Haitian parties to participate in
all relevant aspects of those elections and in the electoral process leading up
to it.
11. To support normalization of economic cooperation
between the Government of Haiti and the international financial institutions
and urge those parties to resolve the technical and financial obstacles that
preclude such normalization.
12. To reaffirm the mandates of the Secretary General
and the OAS Special Mission in accordance with AG/RES. 1841 (XXXII-O/02),
AG/RES. 1831 (XXXI-O/01), and CP/RES. 806 (1303/02 corr. 1) and to instruct the
Secretary General to strengthen further the Special OAS Mission to Haiti in
order for it to support, monitor, and report on implementation of this and all
other pertinent OAS resolutions and on commitments of the Government of Haiti,
as set forth in these resolutions and in accordance with the agreement between
the Government of Haiti and the OAS on the Special Mission to Strengthen
Democracy in Haiti. These commitments include:
a. Strengthening of democratic institutions, including political parties, in
order to guarantee a pluralistic political party system;
b. Formation of a new Provisional Electoral Council (CEP), in accordance with
the process proposed by the OAS in the Draft Initial Accord (Rev. 9) of June
12, 2002, and all of the CEP's activities;
c. Establishment by the CEP of an Electoral Guarantees Commission (CGE);
d. Development and implementation of a comprehensive disarmament program;
e. Promotion of a National Dialogue and Consensus Building between the
Government of Haiti, all political parties, and Haitian civil society;
f. Professional development of an independent police institution, development of
a security plan and creation of a climate of security for the 2003 elections;
13. The OAS Special Mission will also:
a. Support, monitor, and report on provision by the international community and
the OAS of technical electoral assistance prior to and following the 2003
elections and on deployment of an electoral observation mission to observe all
aspects of the electoral process;
b. Coordinate efforts of the international community to provide technical and
financial electoral assistance, including electoral planning, technical
assistance, security, and observation of the elections in 2003.
14. To call on the Secretary General to remain engaged
in efforts to resolve the political crisis in Haiti, to follow the evolution of
the situation, and to submit to the Permanent Council every two months detailed
reports regarding the implementation of the present resolution.
15. To call on the international community to provide as
a matter of urgency additional funds to the OAS Special Mission in order to
help finance its economic, social and institutional strengthening programs for
Haiti, with a view to discharging its additional responsibilities under this
resolution.
16. To further call on the international community to
provide technical and financial support for the elections in 2003, particularly
by observing the pre-electoral formation and operation of the CEP and
post-electoral operations, as well as the elections themselves.
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