THIRD REPORT OF THE SECRETARY GENERAL ON

THE IMPLEMENTATION OF CP/RES. 822

This third report of the Secretary General is presented to the Permanent Council pursuant to paragraph 14 of Resolution CP/822 of September 4, 2002, covering the period from January 4, 2003 to March 4, 2003.

The situation in Haiti remains very troubling. The political stalemate has only solidified since the public campaign to oust President Aristide was vitalized in Cap Haitien in mid-November 2002. The President’s decision to appoint 7 of the 9 required members to a new Provisional Electoral Council (CEP) led to further controversy. Opposition alliances, groups of students, members of the business sector and some civil society groups have maintained firm positions against participating in the electoral process under President Aristide and his supporters. There is a sense that all sides are simply awaiting the visit of the high level Delegation, postponed as it was for technical reasons from mid-February to March 19-21.

To break the deadlock, achieve a credible CEP and provide for successful elections in 2003, the government must demonstrate the political will to take additional difficult steps in fulfilling its obligations under OAS Resolutions 806 and 822. Important progress was made in approaching completion of the issue of reparations to victims of December 17, 2001 and in the signing of additional terms of reference between the Government and the OAS Special Mission for technical assistance in the areas of governance, human rights and justice (for the texts see Annex 1). However developments in regard to the climate of security, disarmament and impunity have been clearly insufficient. There have been no advancements in reform of the command and control structure of the police force. To the contrary, scepticism regarding the institution has been reinforced by widely publicized acts, such as the murder of three young men in a Port au Prince suburb. At the same time several instances of professional behaviour, e.g. in Jacmel during the visit of a civil society group, demonstrated what can be done with proper orders and leadership, including at a local level. The lack of noteworthy progress into the prosecution of individuals implicated in the violence of December 17, 2001 has also contributed to the present standoff. Addressing this and other issues of impunity will be unavoidable for any breakthrough.

On February 19, 2003 the OAS Special Mission for Strengthening Democracy in Haiti (Special Mission) issued a statement stressing the need for “firm support for the rapid implementation of Resolutions 806 and 822 of the Permanent Council of the OAS, by all sectors involved.” This has to include not only the Government, but also the Convergence Démocratique, civil society entities required to put forward CEP nominees, and others in the Haitian political class, as well as the international community. The Assistant Secretary General has continued to underscore that urgent implementation of these Resolutions, including improved security and credible elections this year, remains the optimal route for tackling the political, economic and social development problems confronting Haiti.

On the economic front, the government’s January 3 publication of an increase in fuel prices ranging from 52% to 96%, the continuing, radical, depreciation of the Haitian gourde and resulting inflation contributed significantly to public outcry. During the last week in February, a second hike in fuel prices reinforced the broad-based price increases and strengthened the growing sense of exasperation in the country. The President blamed the deteriorating economic situation, and his government’s inability to continue subsidizing fuel prices, on the opposition and the international community for the “economic sanctions” against Haiti. The Assessment of the IMF Executive Board following the regular Article IV consultations with Haiti in January raised a number of significant policy and economic governance issues for resolution.

Whereas the security situation during the second reporting period was dominated by violent demonstrations, this third period was, in comparison, less dramatic. Although the number of persons injured or killed during demonstrations decreased significantly during this period, instances of violent crime became increasingly politicized and remained a cause for concern. Moreover, strikes, marches and demonstrations, some peaceful and others violent, continued to disrupt life throughout the country, contributing to a climate of insecurity. A series of attacks against members of the press, death threats against human rights activists and other acts of intimidation against students, hospital personnel in Port au Prince and members of the business community were highly publicized, and denounced both on the local and international levels. At the same time, celebration of the annual Carnival passed off in a generally peaceful atmosphere.

Also worrisome were volatile situations in the Plateau Central (an area of particular concern) and in the towns of Petit Goâve and Gonaïves. Government officials described groups of former military in Petit Goâve and in the Plateau Central, implicated in attacks against police stations, as the armed branch of the opposition. The Convergence Démocratique firmly denied the allegation.

FORMATION OF THE PROVISIONAL ELECTORAL COUNCIL (CEP)

On February 7, 2003 President Aristide established by decree a new CEP, on the basis prescribed in Resolution 822, with 7 of the 9 constitutionally required members, but without winding up the existing CEP. Provisions in the decree allow for the number of members to be augmented to nine and for the council to function once its members are sworn in before the Supreme Court. The two vacant posts are for nominees of the Convergence Démocratique and the group of “other political parties”, who have abstained from naming representatives to the CEP and remain, for the most part, united in their calls for the departure of the President. One spokesman for the Convergence described the formation of the 7-member CEP as illegal.

Among those named by the President, representatives of five entities (the Episcopal Conference of Haiti (Roman Catholics), the Protestant Federation of Haiti, the Episcopal Church of Haiti, the Commission of Justice and Peace (on behalf of human rights organizations) and the Chamber of Industry and Commerce of Haiti (on behalf of the business community)) maintained that they will not be sworn in as CEP members until the environment is conducive to the holding of elections. They stipulated that the security situation be improved, gangs disarmed, fugitive from justice Amiot Métayer arrested and political prisoners released. In a February 10 statement to the press (Annnex 2), the entities described the President’s decision to establish the CEP without addressing legitimate concerns as regrettable. They also expressed worry for the democratic process in Haiti in view of the continuing deterioration of the public security and human rights situation and called on the President to fulfill his commitments as outlined in Resolutions 806 and 822.

POLITICAL DEVELOPMENTS

On 12 January, President Aristide met with two leaders of the Convergence Démocratique at the Apostolic Nunciature for talks about the political situation. Neither this initiative nor welcome payment of reparations to OPL on January 29 led to a breakthrough in the political impasse.

The civil society movement, including the coalition of 184 civil society associations claiming to represent 12 sectors of society, continued to build momentum in the political debate. The coalition of 184 issued a press release on January 20 (Annex 3) concluding that the government did not have the political will inter alia to resolve the political crisis, abide by its commitments as outlined in Resolution 822 or create the necessary conditions for citizens to exercise their political, social and economic rights. The coalition pledged to present a proposed plan of action and a “new social contract” to resolve the crisis (see below). On January 24 the coalition organized a general strike, which received considerable support, to protest what it regarded as the general mismanagement of the country.

To mark his second anniversary in office on February 7, at a rally attended by thousands President Aristide announced both the formation of a new CEP, as discussed above, and a minimum wage hike. The anniversary provoked a number of critical public statements from opposition party leaders, human rights organizations and religious figures in the country. On February 14 a group of Protestant leaders (not those participating in the formation of the CEP) denounced the formation of the institution and called for the departure of President Aristide. A week later a spokesman for the Convergence Démocratique publicly declared that the government was running a campaign of terror against the opposition, the press, students, human rights groups and other members of civil society. The spokesman declared the opposition coalition’s commitment to Resolution 822 and credible elections, but not under President Aristide.

Despite numerous declarations from public figures supporting the opposition, anti-government marches were for various reasons fewer and less successful during this reporting period. The Cap Haitien-based group Initiative Citoyenne, that organized the November 2002 Cri de Vertières march in which tens of thousands participated, organized a “weekend of hope” on February 8^th and 9^th. An estimated 1000 to 2000 opposition supporters took part in the weekend’s march, which ended abruptly when police resolved a dispute over the itinerary with tear gas and gunshots. A march organized on February 17 by the Mouvement Syndical Haïtien to protest the high cost of living took place with only 30 to 50 participants in Port-au-Prince. Opposition supporters ascribed the low rate of participation to a climate of fear created by Fanmi Lavalas supporters.

On February 21 the coalition of 184 launched a public campaign to form a “new social contract” with civil society across the nation. Some sixty members of the group, accompanied by 15 journalists, travelled from Port-au-Prince to Jacmel to present a written proposal to the Department’s constituency of civil society, including the religious leadership. Some 60 persons in Jacmel also participated in the meeting. Police comportment was exemplary. The campaign, christened the “Caravan of Hope”, is scheduled to include trips to Haiti’s other eight departments to present the plan to unify and develop the nation.

During the month of February, several opposition party leaders and union spokespersons publicly questioned whether OAS Res. 822 was sufficient as a strategy to resolve the on-going political crisis.

CLIMATE OF SECURITY

At the end of the truce called for by the government for the December 2002 - January 2003 holiday period, the US Embassy issued a press release on January 8 calling for full respect of political rights in Haiti, emphasizing the need for respect of the right of assembly and freedom of expression. In the period immediately following, reports of political persecution increased significantly despite calls from international NGOs, amongst others. The security vacuum intensified as the Haitian National Police force became increasingly beleaguered with internal conflict and allegations of drug trafficking influences.

The January 7 killing of a medical student from the University of Haiti was highly politicized by university associations and other sectors of the political opposition. A peaceful march to denounce the murder, insecurity and political persecution took place on January 13. Several hundred demonstrators shouting anti-government slogans marched through the streets of Port-au-Prince without incident and under exemplary police protection.

On January 10, at least five people were injured when pro-government demonstrators clashed in Port au Prince with an anti-government march to protest the hike in fuel prices. Opposition leaders and former colonel Himmler Rébu led the anti-government marchers, estimated at 200, under police protection. He was accused by Fanmi Lavalas partisans of wounding two popular organization members who assaulted him with stones after he allegedly left the police protected crowd. The state prosecutor issued a summons (later apparently withdrawn).

The January 10 violence spilled from the streets of Port au Prince into the country’s most important State hospital when pro-government popular organization members demanded immediate medical attention for their wounded. Many hospital staff fled in fear and the ordeal led to a long strike by nurses and resident doctors, which according to news reports resulted in a number of deaths due to the lack of medical care. A nurses union and a group of resident doctors made public a report on a series of acts of intimidation and assaults against medical professionals by government supporters, whom they claim have terrorized the hospital’s staff. The HNP and the Ministry of Health were reportedly taking steps to address the problems.

Other acts of intimidation and violence were directed against members of the press. On February 22 Radio Haïti Inter Director Michele Montas, wife of the slain former Director Jean Dominique, closed the radio station for an indefinite period of time due to continued threats on the lives of her employees and after the December 25 attempt on her life which left a bodyguard dead and was followed by further shots at her house in January. Montas said she took the decision in order to avoid further loss of life. On January 12, the Director of Radio Schekina in St. Marc was shot in his studio and seriously wounded. Disturbing attacks were conducted against the personnel of Radio Métropole in Port-au-Prince. Radio Maxima in Cap Haitien saw its broadcasting equipment destroyed and as of March 4 it had not returned to the air.

The only killing reported to have occurred at a demonstration during the period under review took place in Gonaïves on February 8. Eyewitnesses accused police of killing an opposition supporter who was allegedly manning a barricade and throwing stones at police. The Initiative Citoyenne initially claimed that 30 individuals were wounded by police during the “weekend of hope” February 8 demonstration in Cap Haitien, but they did not follow through with complaints. Reports that the anti-government demonstrators attempted to set a State vehicle ablaze and harassed a pro-government journalist were confirmed.

On February 19 the Special Mission, after consultation with the Group of Friends of Haiti, issued a press release in which it deplored the series of acts of violence and intimidation aimed at specific groups and sectors such as journalists, radio stations, students, medical personnel, businessmen, union members and human rights activists around the country. The Special Mission called on the government to multiply its efforts to ensure respect for the human rights standards and the rule of law. The press release was followed by another from the Inter-American Commission on Human Rights’ Special Rapporteur for Freedom of Expression, who underscored his grave concern about increasing threats against journalists in Haiti. Both documents can be found on the Special Mission website.

Other security concerns included a series of armed assaults against police stations in the Plateau Central and one in the North which were attributed to the same group of former military who allegedly attacked the Lascahobas police station last December. The former military group, dubbed the “motherless army” by pro-government sources, is calling for the departure of President Aristide and the reinstatement of the Haitian army. One member of a specialized police unit was reportedly killed by members of the group near Pernale in the Plateau Central on February 16. Police authorities claim to have linked the former military movement in the area with one operating outside of Petit Goâve. The government mounted several special police operations in an attempt to dismantle the movement and have reportedly arrested nine former military in the Plateau Central. The worrying security situation in the Plateau Central will bear watching closely.

Petit Goâve was again the center of a series of violent acts that commenced with the killing of a Fanmi Lavalas activist on February 1. Days of violence followed the killing, including the burning of another Lavalas supporter (who later died), and of several houses. The local OPL coordinator reported that he was forced to leave his home by government supporters. On February 18, shots were allegedly fired at the high-level funeral cortege for the Fanmi Lavalas activist. Later that day, attempts were made to burn the home of a journalist/opposition member; two of his sons, both also journalists, were arrested. Both sides accused each other in the violence.

Gang wars continued in the Cité Soleil area of Port au Prince, with a number of deaths reported. Although Gonaives was somewhat quieter during this reporting period, the unusual situation there has not basically changed from that described in the Second SG Report.

POLICE

The Haitian National Police (HNP) is at its lowest ebb since 1995, with an effective force of little more than half the mandated level of 7000. Respect for the hierarchy has greatly diminished and a large number of police officers are regarded as complicit with drug traffickers. The recent US announcement that Haiti failed compliance with US drug legislation and needed an exemption in order to qualify for continued aid, and indications of a list of Haitian officials denied US visas, received considerable attention. Corruption, politics, the reinstatement of officers earlier fired for human rights abuse or crimes have also damaged police morale. Four top advisors to the Chief of Police were arrested by the Inspector General on drug charges on 14 February but were shortly thereafter released by the Police Chief. It was claimed that the police advisors were implicated in a drug operation for which the head of the specialized bureau to fight drug trafficking, had also been detained. Within a week’s time, the Director of the Judicial Police fled the country and was subsequently replaced.

Despite these and other pressing issues, the police force displayed on several occasions the ability to provide professional police protection for demonstrations and publicized meetings of the opposition, in particular for the march organized by university students in Port au Prince to protest the killing of one of their colleagues and for the Caravan of Hope meeting in Jacmel.

Clearly, policy decisions involving major reform, strengthening of management and the chain of command, as well as serious training efforts, and time—to say nothing of additional resources--will be required to strengthen the HNP and to assist it to become a fully professional and impartial pillar of support for the rule of law and democratic institutions in Haiti, which makes responsible use of its resources. Special Mission members and government representatives who comprise the joint technical committee for security met regularly during the reporting period to look at specific dossiers, professionalization of the police, disarmament and security for elections. But progress is too slow.

The Special Mission’s immediate goal is to recruit some 25-30 international police to work on the professionalization of the force. Fourteen candidates were interviewed by Special Mission members in several French/Creole speaking Caribbean countries in February. The recruits will be assigned to all nine departments and to police headquarters, the Inspection Generale, the Police Academy and other specialized units.

One of the Special Mission’s three security specialists continued to provide advice and guidance to the Police Academy and assist in the conception and provision of training programmes. The current class at the Academy, the 14^th with some 850 police cadets, began in September 2002. The next class is scheduled to receive approximately 500 police recruits and commence in June 2003. In-service training of 359 Commissioners and Inspectors in 5 groups is scheduled to begin about the end of March 2003. The Special Mission will provide major assistance to this important effort, and will also offer courses on disarmament, election security, maintenance of public order, and leadership. The Mission is also working to strengthen instructors’ capacities in Law and Human Rights.

Security for Elections

The Special Mission proposes to provide technical assistance for election security through its specialists. It also proposes to recruit at least 100 international police (subject to the availability of funds) who will be dispersed throughout the country, not to replace but to assist the HNP. The specialists and international police advisors will be tasked to assist in the preparation of a security plan for the electoral process and in the provision of security for members and employees of the CEP and the Electoral Guarantees Commission. The Special Mission also plans to organize the recruitment of at least 200 international observers to be dispersed throughout the country to monitor the electoral process, and to work with the CEP and the HNP on security matters throughout the electoral process.

Disarmament

The proliferation of illegal arms, their use for criminal acts and the illegal use of legal arms remain critical issues throughout the country. Particularly urgent issues include: the problem of armed gangs and heavily armed personnel protecting government officials; the updating of legislation; the drafting of a National Disarmament Plan; the inventory and subsequent destruction of seized weapons in a public ceremony; the development and implementation of a pilot project “weapons for development”; and the development and implementation of a public awareness campaign. This work will take account of the recommendations developed in the international seminar on disarmament organized by the Special Mission in partnership with the UNDP last October.

In support of the appropriate UN bodies, and in line with hemispheric anti-terrorism policies and instruments, discussions are underway with the Ministry of Justice regarding Haitian ratification of international conventions for the prevention and suppression of terrorism in accordance with Security Council Resolution 1373 (2001) and the UN Convention on Transnational Organized Crime and its Protocol (YOC).

JUSTICE

Despite some progress in the past years, the administration of justice remains very weak. Problems include political interference, outdated legal codes, cumbersome judicial proceedings, personnel shortages, and inadequate infrastructure and equipment.

In early February, the Minister of Justice clashed with the newly created National Association of Magistrates of Haiti (ANAMAH) over the minister’s unilateral suspension of a judge after he released free of charges an individual accused of being in possession of a large quantity of cocaine. In reaction and at the call of ANAMAH, judges went on strike for a three week period beginning on February 17 in support of their colleague and over the independence of the Judiciary.

In January, the Gonaïves examining magistrate responsible for the case of Amiot Métayer was temporarily prevented from leaving the country when his passport was confiscated. The incident was widely publicized. The judge had been the victim of continuous intimidation. He recovered his passport a few weeks later following strong public support; and subsequently sought refuge abroad.

In the case of Rosemond Jean, the final indictment was delivered by the investigative judge. The trial is pending in Port au Prince. Prosper Avril is still detained, though an appellate court ordered his release from prison. In Resolution 822 the Government accepted the obligation to release prisoners in such circumstances.

REPARATIONS AND PROSECUTIONS REGARDING DECEMBER 17, 2001

One significant step forward in the reparations dossier for the December 17 2001 attacks took place on January 29 when the government of Haiti paid the political party OPL 50 million gourdes and signed an accord to pay 20 million more in 4 installments from February to May 2003. This did not, however, conclude the reparations dossier. Full agreement has not yet been reached with the political party MOCHRENHA, nor with other individual victims who are not members of Convergence Démocratique. In the case of MOCHRENHA, though a Government letter clearly stated that the first payment only constituted an advance on account, within the reporting period the Government had not finalized this matter.

Criminal investigations into the events of December 17, 2001, continue to be flawed and plagued with serious gaps and delays. There have been no final indictments, and in more than one year, only four persons are detained under charges so far, three of them in relation with the attack against the National Palace. Of all the persons identified by the OAS Commission of Inquiry, only a few have been interrogated by investigating judges throughout the country. Notably, Amiot Métayer is at liberty in Gonaïves. No judicial investigation has been started yet into the role of the police force during the December 17 events.

POLITICALLY MOTIVATED CRIMES

What happens in this area is indicative of the state of play on impunity.

The courts moved toward a trial in the murder cases of Radio Haiti-Inter’s Jean Dominique and Jean Claude Louissaint. The investigating judge completed his investigation and on February 7, the state prosecutor presented his final proceedings (Réquisitoire définitif). The judge announced that he had, according to the law, one month, until 6 March, to hand down final charges (l’Ordonnance de clôture) against any of the main suspects. At the time of the closing of this report, the final indictment was not yet delivered.

An appeal in the murder case of Brignol Lindor is still pending. Hearings in this case have been postponed on three occasions during the current reporting period. This case could yet take considerable time to be concluded.

The Special Mission is not aware of any major progress into the investigation of past cases of politically motivated killings that were on a list forwarded to the Ministry of Justice on June 17, 2002, following the political meeting at the Apostolic Nunciature between the President and the Convergence Démocratique.

HUMAN RIGHTS DEVELOPMENTS

The Special Mission continues to collaborate with many institutions to promote and protect human rights, support seminars on human rights issues, instruments, standards and recourse mechanisms. The Mission also assists human rights groups dealing with violations. During a trip to Cap Haitien in February, the Chief of Mission met with local authorities and emphasized their obligation to uphold the rule of law while respecting freedom of speech and the right of assembly.

The Mission continued to monitor and gather information on human rights cases, working with others in the field. As stated throughout the report, the human rights situation has continued to deteriorate. Of particular concern were death threats against prominent human rights activists and other acts of intimidation against both individual activists and their organizations. The Secretary General of the Association of Haitian Journalists (AJH) reported that as many as 30 journalists have fled Haiti due to persecution over the past two years. Six of the seven journalists who went into hiding on November 21, 2002 due to persecution from Amiot Métayer in Gonaïves, left the country in February. Several dozen individuals continue to live in hiding in Haiti due to their fear of political persecution. University students and opposition members from the Plateau Central and various provincial towns are among them.

On 26 February, the Special Mission collaborated with an NGO led by a group of prominent Cité Soleil residents in the organization of a highly successful day of reflection on methods to restore a climate of non-violence in Cité Soleil. Interventions were made by Mission security and human rights specialists, an assistant state prosecutor, a sociologist and others. The initiative was covered by the press and seen as an important first step in addressing the critical state of violence which has plagued Cité Soleil over the years. Some 100 citizens participated in the event.

Me, Lysias Fleury, a lawyer with the Catholic Church’s Justice and Peace Commission, was granted precautionary measures by the Inter American Commission on Human Rights in October 2002, in relation to threats by police and civilians following his torture in June of that year. By the end of this reporting period, the Government had taken no action to provide protection, as required under the Conventions to which it is party. Fleury was meanwhile convoked by the authorities to identify, in an unusual face to face encounter, members of the HNP said to be involved in his torture. For this and other reasons, his safety concerns have increased. It is well past time for the Government to assume its responsibilities in this and the two other current cases where precautionary measures have been requested by the IACHR.

The Independent Expert on Haiti for the United Nations Commission on Human Rights has issued a report on his visit of last September, with a number of noteworthy observations and recommendations; it will be considered by the Committee meeting in Geneva from March 17.

THE INTERNATIONAL COMMUNITY

The position of the international community remains firmly based on OAS CP Resolutions 806 and 822, with complete implementation by the various players of their respective obligations and undertakings, contributing to the holding of successful elections in the course of 2003. This requires inter alia immediate formation of a CEP. However, time is running out for this to take place. Accordingly, the international community plans a high level Delegation visit to Port au Prince from March 19-21 to encourage the earliest and fullest implementation of Resolutions 822 and 806.

As was reported in January, the government continued to accuse the international community of maintaining “economic sanctions” against Haiti and of failing to deliver on its commitment to take concrete measures to normalize Haiti’s relations with the donor community pursuant to OAS Resolutions. International financial institutions maintained that arrears yet to be addressed by the government continued to stand in the way of progress.

In a press summary of its Article IV review of the Haitian economy in January 2003, the International Monetary Fund said that: “Political difficulties have deterred the authorities from taking corrective measures aimed at stemming the loss in international reserves, containing inflation, and promoting growth.” They added inter alia that the Government needed to improve transparency and accountability of its spending, emphasizing “the importance of strengthening cash management by restricting the use of discretionary ministerial accounts”.

The Special Representative of the Secretary General chaired fortnightly consultative meetings with the Friends of Haiti group in Port au Prince throughout this reporting period. The period also saw a special meeting of the Friends with the Convergence Démocratique. The Mission itself met again with the CD, and separately with members of the Group of 184.

THE SPECIAL MISSION

In a major development on February 28, the Prime Minister, Yvon Neptune, and the Head of the Special Mission signed the remaining three sets of Terms of Reference, covering technical assistance by the Special Mission in the areas of Human Rights, Justice, and Governance. Copies are attached at Annex 1. Discussions are underway to set up the joint committees and launch the joint work programmes.

As of February 24, 2003, the resources available to the Special Mission amounted to approximately $1.3 million, taking into account the total contributions received and expenditures as of that day. Unless additional resources are received shortly, the Mission will not be able to go much beyond the immediate next steps. While there are some encouraging signals, at the end of the reporting period the Mission was not assured receipt of more than half of its initial request for some $12M. This is in turn only about half of what is estimated to be required from the international community to hold successful elections.

On a more positive note, the Mission received a useful contribution from the National Organization for the Advancement of Haitias (NOAH). This was the first private donation, and the first from an organization of Haitians living abroad. More generally, the Mission is looking to build partnerships with multilateral and bilateral players, including and in particular with UNDP e.g. on elections, disarmament and in other areas.

The Mission has continued its information work with the Haitian public. Its web site is www.oashaiti.org.

CONCLUSION

The current stalemate cannot last. Time has nearly run out to create a real CEP and allow for the necessary practical steps to hold credible elections in 2003.

Despite recognizable progress on some fronts, the Government has not done enough to convince the Haitian people as a whole, or the international community, that it is serious about living up to its voluntary commitments under Resolutions 806 and 822. It needs to finalize Reparations, and take immediate tough decisions, among other issues, regarding the Police, impunity, disarmament, and a climate of confidence on election security. Verbal assurances will not be enough. Rapid and real implementation of the various Terms of Reference is the way to proceed.

At the same time, Resolution 822 imposes requirements on all stakeholders. While certainly the Haitian government bears primary responsibility for security conditions, civil society and all Haitians share the burden of promoting security and development. Legitimate concerns among the Haitian public about security, respect for human rights and the rule of law should not be used to block the holding of elections, which are a necessary gateway for Haitian political, economic and social development—and indeed to achievement of a climate of peace and justice. Yet it is still not clear whether there are any circumstances under which parts of the opposition would be prepared to cooperate in the holding of elections in 2003, or indeed at any date, under Jean Bertrand Aristide, who is recognized by the international community as President of Haiti.

The five entities intended to nominate persons for the CEP must be prepared to assume their responsibilities under Resolution 822 and the Draft Initial Accord dated June 12, 2002, i.e. to release those they have named to be sworn in to serve as active and independent members of the CEP. Activation of this body will in itself be a galvanizing factor in improving the public atmosphere in the country. The Special Mission has offered to assist with security for the members of the CEP and the Commission on Electoral Guarantees, and their families and associates. Other elements of election security will have to be implemented in accordance with the relevant Terms of Reference, including the plans of the Special Mission outlined above--with improvements taking effect progressively as the preparations for the elections unfold.

It is time for the international financial institutions and the Government of Haiti to resolve the significant outstanding issues between them, including the problem of arrears, and thus quickly demonstrate to the Haitian people that the professions of good will by the international community are being carried out in practice.

And finally, the OAS member and observer states and other institutions must step up to the plate with significant new contributions to the Special Mission, especially for its work on all aspects of security (where virtually no other international actor is currently active) and for its mandated tasks in relation to the holding of elections in Haiti during 2003.