OEA/Ser.G
CP/doc.3609/02 corr. 1
21 May 2002
Original: Spanish/English
SITUATION IN HAITI:
REPORT OF THE SECRETARY GENERAL
ON THE IMPLEMENTATION OF CP/RES. 806 (1303/02) corr. 1
AND AG/RES. 1831 (XXXI-O/01)
ORGANIZATION OF AMERICAN STATES
WASHINGTON,
D.C.
THE SECRETARY GENERAL
May 21, 2002
Excellency:
I have the honor to address Your Excellency to
transmit the Report of the Secretary General on the situation in Haiti pursuant
to resolutions CP/RES. 806 (1303/02) corr. 1 and AG/RES. 1831 (XXXI-O/01).
Accept, Excellency, renewed assurances of my highest
consideration.
César
Gaviria
Her Excellency
Ambassador Margarita Escobar
Permanent Representative of El Salvador
Chair of the Permanent Council
of the Organization of
American States
Washington, D.C.
TABLE OF CONTENTS
Page
I. Background.................................................................................................................... 1
II. The
Commission of Inquiry into the Events of December 17, 2001...................................... 1
III. The
Advisory Council on Reparations............................................................................... 2
IV. The
OAS Special Mission for Strengthening Democracy in Haiti........................................ 3
V. May
10, 2002 Meeting with President Aristide................................................................... 5
VI. The
Negotiating Process May 12 to 15 Visit...................................................................... 5
VII Resource
Mobilization...................................................................................................... 6
VII. Conclusion/Observations.................................................................................................. 6
APPENDIX I First
Interim Report of the Secretary General.................................................. 9
Special
OAS Mission................................................................................... 19
Agreement
on Special Mission...................................................................... 31
Terms
of Reference for a Commission of Inquiry.......................................... 37
Terms of Reference Advisory
Council.......................................................... 39
Initial
Draft Accord..................................................................................... 41
Draft
Budget for Special Mission.................................................................. 47
Offers of Support........................................................................................ 51
APPENDIX II Contributions
received as of May 17 2002..................................................... 53
SITUATION
IN HAITI: REPORT OF THE SECRETARY
GENERAL ON THE IMPLEMENTATION OF CP/RES. 806 (1303/02) CORR. 1 AND AG/RES. 1831
(XXXI-O/01)
The OAS has been actively involved since
August 2000 in attempting to find a resolution of difficulties arising from
legislative and municipal elections of May 21, 2000 in Haiti. Since that time, the Secretary General and
Assistant Secretary General have undertaken numerous missions in the course of
which they have succeeded in brokering face-to-face negotiations between the
Government of Haiti and opposition political parties. An Initial Accord has been almost completed but its completion
has been set back twice by violence, on July 28 and December 17, 2001.
On January 15, 2002, the Permanent Council of
the Organization of American States convened in Special Session to consider the
situation in Haiti, following an armed attack on the National Palace in
Port-au-Prince, during the early hours of December 17, 2001. During that
meeting, the Council approved a resolution, “The Situation in Haiti,” published
as CP/RES. 806 (1303/02) corr. 1 of January 16. Resolution 806 reiterates a number of mandates contained in
AG/RES. 1831 (XXXI-O/01). It also
instructs the Secretary General and the Permanent Council to undertake certain
specific actions in respect of Haiti and to report thereon to the General
Assembly, as appropriate.
On April 3, 2002, the Secretary General
presented to the Permanent Council the First Interim Report on the
Implementation of CP/RES. 806 (1303/02), (CP/doc.3567/02), a copy of which is attached
as Appendix I to the present report of the Secretary General. That interim report outlines the range of
activities undertaken in the months preceding April 3 and constitutes an
integral part of the full report to the 32nd Regular Session of the General
Assembly required by resolution CP/RES. 806.
The present report, with Appendices, is
hereby submitted in fulfillment of the reporting requirement contained in
AG/RES. 1831 and CP/RES. 806.
On April 4, the Secretary General appointed a
Commission of Inquiry to examine the acts of violence which took place in Haiti
on December 17 and to make recommendations to the Secretary General and to the
Haitian authorities based on its findings of fact. The Commission comprises
three jurists, Nicholas Liverpool of Dominica, nominated by the Caribbean
Community (CARICOM); Roberto Flores Bermúdez, former Foreign Minister of
Honduras; and Alonso Gómez Robledo, a professor of international law from
Mexico.
Following meetings at OAS headquarters on
April 5, the Commissioners traveled to Haiti from April 8 to 21 for the first
phase of their work. During this period
they held hearings both in Port-au-Prince and in the Provinces to receive
depositions from persons who were affected by the events of December 17. The Commissioners returned to Haiti on May
13 to commence the second phase of their enquiry. They are expected to conclude their work around June 30, 2002.
The Executive Secretary of the Commission is
Dr. Bertha Santoscoy, on leave from the Inter-American Commission on Human
Rights (IACHR).
On May 13, the Secretary General announced
the establishment of the Advisory Council on Reparations, in accordance with
CP/RES. 806 (1303/02) corr. 1 by which the Permanent Council had called upon
the Government of Haiti “…to pursue diligently all efforts to restore a climate
of security that is a necessary condition for resuming OAS-sponsored
negotiations,” including, among other things, “reparations for organizations
and individuals who suffered damages as a direct result of violence of December
17, 2001.”
The structure of the Council is the result of
agreement between the Secretary General and the Government of Haiti. The
Government’s appointee on the Council is Minister of Public Works, Mr. Harry
Clinton, while the Secretary General has appointed Mr. Fritz de Catalogne, the
Head of the Insurance Association in Haiti, who was recommended jointly by
private sector institutions and the Churches in Haiti. Mr. Jean-Michel Arrighi, the Director of the
Department of International Law of the OAS Secretariat for Legal Affairs, has
been designated by the Secretary General as his personal representative on the
Council.
The Advisory Council began its work on May
13. The Council will, among other
things, “make an assessment of any and all physical injuries, loss of life or
other physical detriment suffered as a direct result of the violence on
December 17, 2001, and continued for several days thereafter and to make an inventory
of the physical damage stemming from the attack on the National Palace, the
ransacking and burning of the headquarters of political parties of the
opposition, of the private residences of leaders of Convergence Démocratique,
and of cultural and academic centers, foreign or national, in Port-au-Prince
and in other cities and localities.”
The Advisory Council on Reparations, mandated to present recommendations to the Inter-Ministerial Committee formed by the Government of Haiti for the purpose of registering demands for damages and proceeding to make reparation, began its work immediately. To fulfill its advisory functions, the Advisory Council on Reparations decided to establish a framework distinguishing categories of occurrences and damage and expeditious ways and procedures for assessing each category on its merits. That general framework will be completed in the next few days.
Simultaneously, the Advisory Council on Reparations hopes to be able to receive the information to be forwarded to the Haitian authorities regarding complaints submitted in order to proceed to study individual cases. Although the Advisory Council on Reparations will not attempt an exhaustive assessment of all of them, it will establish parameters that will enable the national offices in charge of reparations for the victims to make a rapid calculation of damages. The Advisory Council on Reparations hopes to be able to submit its recommendations to the Inter-Ministerial Committee as soon as possible, thereby contributing to the swift culmination of the reparation process and satisfactory settlement of claims.
On April 4, 2002, the Secretary General
announced the appointment of David Lee, former Special Coordinator for Haiti
within the Canadian Foreign Ministry, as Chief of the Special Mission for
Strengthening Democracy in Haiti, and Ambassador Denneth Modeste, Advisor to
the Assistant Secretary General, as Deputy Chief of Mission. The Special Mission began to be deployed
upon the arrival in Haiti of the Deputy Chief of Mission on April 10, and the
Chief of Mission on April 20.
Arrangements were made for the engagement of the necessary
administrative personnel and logistical support to facilitate the work of the Mission.
Additionally, efforts are ongoing to
identify experts for the four core areas of the Special Mission, viz security,
justice, human rights and governance.
Since their arrival, the Chief and Deputy
Chief of Mission have held a series of meetings with the Special Representative
of the Secretary General, Ambassador Sergio Romero, with officials of the
Government of Haiti, with the political opposition, the Port-au-Prince-based
representatives of the Secretary General’s Group of Friends on Haiti, Civil
Society and the private sector pursuant to a program of activities.
The Chief and Deputy Chief of the Special
Mission also met with the main multilateral and bilateral aid organizations
(governmental); with a view to becoming informed on what is being done in the
areas of work related to the Mission’s mandate, and ascertaining where and how
cooperation could be pursued most effectively.
At each meeting, the Mission’s approach was
to outline the activities to be undertaken under CP/RES. 806 of January 16,
2002. The presentation included
information on the Commission of Inquiry into violent incidents in Haiti on
December 17, 2001, and subsequent days; the Advisory Council on Reparations for
victims of the violence; the negotiations to resolve the political crisis
stemming from inconclusive legislative and municipal elections on May 21, 2000;
and the necessary follow-up from the recommendations to be made by the
Commission of Inquiry and the provisions of the Initial Accord at the
conclusion of the political negotiations.
The presentation also referred to the
Inter-American Commission on Human Rights (IACHR) which, in keeping with
CP/RES. 806, has been requested to “conduct an on-site visit to Haiti.” The IACHR has advised that it will return to
Haiti by the end of May/early June 2002.
Given the small size of the Special Mission,
it is essential to have Haitian buy-in and to establish solid roots in the
Haitian Administration--hence the need for Counterparts. It is also necessary to build partnerships
with other donors, who will be able to continue to accompany Haiti after the
Mission ends, taking careful account of which agency is active in which
field. The Special Mission intends to
build on the past (e.g. using the relevant Reports from MICAH and MICIVIH); and
provide for continuity into the medium and longer-term future.
The Special Mission’s team, which has now
reached about half its planned strength, will continue to be built up
selectively and gradually, and if all goes well its work at its most effective,
will normally not be spectacular.
The
Special Mission has a role in making contacts and working with a very broad
spectrum of actors in Haiti outside the Administration as well as within
it. These contacts are underway and the
Chief of Mission hopes to build productive relationships and draw on their
advice and assistance in implementing the Mission’s work.
Since the four main pillars of the Special
Mission's work are closely interlinked, a flexible approach is being adopted to
the interrelationships among the sectors.
Some issues are in fact cross-cutting, such as human rights, and will be
pursued as such, in conjunction with the IACHR, bearing in mind that CP/RES.
806 also underscores the Special Mission’s responsibility for monitoring and reporting
in the human rights area.
It is clear that, at least in the short run,
a top priority will be the Security area.
Most interlocutors have raised a number of issues/concerns regarding
security in the country, which cut across the four pillars of the work of the
mission, including an increase in the number of armed gangs and the
sophistication of their weaponry, failure of the government to respect the
findings and judgment of the courts and arbitrary and politically–motivated
arrests and detention. The political
opposition and civil society organizations have expressed fears that if those
matters were not addressed seriously they would complicate the search for a
consensual solution to the ongoing political crisis.
Apart from the intrinsic importance of
security in Haiti, for many well-known reasons, it is particularly significant
in the current political context, following the events of December 17, 2001 and
others, and with renewed political negotiations in prospect in the first two
weeks of June 2002. In addition,
however, while it will be possible for the Special Mission to work with other
international institutions active in the other three pillars, in the Security
area, there are few international actors remaining in Haiti; and the Special Mission,
within its limited resources, will accordingly have to shoulder heavier
responsibilities.
The approach based on the counterpart and
partnership mechanisms for implementation of the Special Mission component of
CP/RES. 806 has been accepted by all interlocutors as an effective one that
should generate tangible results. The
Mission is also encouraged by their offers of collaboration and has been
following up with details on practice.
The Mission has been meeting with other
sectors of Haitian society, including the journalists’ association, human
rights groups, and the Haitian Bar Association and plans to continue with other
such meetings over the coming weeks.
Emphasis has been laid
on the need for cooperation with such local institutions to leverage resources
and to provide continuity, one of the principal objectives of the Special
Mission.
At the same time, the Special Mission has
emphasized that the success of its work will also be notably affected by
developments in the political negotiations.
The Assistant Secretary General used the
opportunity of President Aristide’s presence in New York for the Special
Session of the United Nations General Assembly on Children to meet with the
President on May 10. The President was
accompanied by Foreign Minister Joseph Philippe Antonio and Ambassador,
Permanent Representative to the United Nations, Dr. Jean Alexandre. The Assistant Secretary General, who was
accompanied by his Chief of Staff, Sandra Honoré, took the opportunity of a
neutral forum to review the status of the Organization’s efforts and to explore
prospects for the resolution of the political crisis.
The Assistant Secretary General stressed to
the President that the Organization’s Member States and Permanent Observers
were increasingly concerned over the necessity to complete the negotiation with
the opposition so as to ensure a free and timely electoral process.
The Assistant Secretary General and the
Foreign Minister of St. Lucia and current Chairman of the CARICOM Council on
Foreign and Community Relations (COFCOR), Senator the Hon. Julian R. Hunte,
traveled to Haiti from May 12 to 15, in an effort to narrow remaining
differences preventing an electoral accord between the Government and
opposition political parties in that country.
Secretary General Cesar Gaviria had indicated
prior to that visit that it was particularly important in light of the thirty-second
regular session of the General Assembly to be held in Barbados in June
2002. While in Port-au-Prince, the team
met with Haitian government authorities, to include the President, Prime
Minister and Foreign Minister; with the opposition Convergence Démocratique;
with civil society and with the Church. It used the opportunity to monitor conditions and to assess the
initial work of the OAS Special Mission for Strengthening Democracy in Haiti.
The Assistant Secretary General and the
Foreign Minister were much struck by concerns expressed by opposition and civil
society groups over poor security conditions.
They recognized the validity of many such concerns. They also noted they should be addressed in
negotiations rather than as prerequisites to talks. Acting on related matters, the OAS-CARICOM mission used the
opportunity to learn of the work of the three-member Commission of Inquiry into
the violence of December 17, 2001 and participated in the launch of the
Advisory Council on Reparations on
May 13, 2002, as previously stated above.
The strength of cooperation between the
OAS-CARICOM leaders and those of the international community were reflected in
two extensive working meetings with Ambassadors and representatives of the
Group of Friends of the Secretary General in both Port-au-Prince and
Washington.
The four processes in which the OAS is now
engaged in Haiti--the Special Mission, the Commission of Inquiry, the Advisory
Council on Reparations and support for the political dialogue--will require
significant resources. Following a communication sent on February 19, 2002, to Ambassadors,
Permanent Representatives, to international financial institutions and to
international organizations, the Secretary General and the Assistant Secretary
General made a joint appeal on
April 11 to Foreign Ministers of Member States and Permanent Observers and to
the heads of the aforementioned institutions and organizations for
contributions to allow the Organization to cover attendant costs. The General Secretariat is grateful for the
support and contributions which are reflected in the table entitled,
“Contributions to the Special OAS Mission to Strengthen Democracy in Haiti,”
which is attached to this report as Appendix II.
However, a substantial gap remains between
the contributions received and the actual cost of these efforts which will
continue for sometime into the future.
The modest cost of the Special Mission alone is of the order of $3
million, while that of the Commission of Inquiry and the Advisory Council on
Reparations combined is expected to total approximate $150,000. Cash contributions received as of May 17,
2002 were $698,357.
Resolution 806 has established for the
Special Mission an ambitious agenda, with a limited budget that does not
include any program funds. The OAS is
engaged in consultations with the Inter-American Development Bank (IDB), the
World Bank and other organizations on collaboration on the implementation of
the mandate of the Special Mission. The IDB has offered to provide technical
support through its representation in Port –au-Prince, while the World Bank has
discussed the possibility of providing support for the work of the Special
Mission under the rubric of Governance.
The Secretary General and Assistant Secretary
General avail themselves of the opportunity of this report to thank Member
States and Permanent Observers and international organizations for their
support and to again appeal for additional contributions towards the work of
the OAS in Haiti.
The work of the OAS Special Mission for
Strengthening Democracy in Haiti has been proceeding carefully and steadily. At
the time of the preparation of this report, the Special Mission had finalized
arrangements for office space, into which it expects to move around the end of
May. Having secured the necessary administrative personnel and initial
logistical support, the Special Mission can now turn to its tasks of developing
and implementing focused work programmes with its Haitian Counterparts and
international partners, and bringing on board additional experts for the four
core areas of its mandate, resources permitting.
Likewise, the Commission of Inquiry continues
to make progress with its investigation into the events of December 17, 2001
and is making serious efforts to conclude its work and to report to the
President of Haiti and to the Secretary General by June 30, 2002.
The Advisory Council on Reparations will
complement the efforts of the Commission of Inquiry and it is to be hoped that
its recommendations, when acted upon, will assist in paving the way for
reconciliation among the different groups affected by the events of December
17, 2001.
The OAS continues to benefit from its close
collaboration with CARICOM. This was manifest in the renewed effort of the
Assistant Secretary General and the Foreign Minister of St. Lucia to facilitate
the resumption of negotiations for an initial (political) electoral accord
between the Government and opposition political parties in Haiti.
Perhaps, most importantly, the increased
efforts of the OAS Secretariat in Haiti since the adoption of CP/RES. 806 on
January 16 have been reciprocated cooperatively by the Government of
Haiti. In keeping with the Agreement of
March 1, 2002 between the OAS and the Government of Haiti, OAS activities in
Haiti are developing within the framework of Haitian laws and receiving the
full support of Haitian authorities. It
is to be hoped that the increased predictability and confidence flowing from
this emerging relationship will soon be felt in the negotiating climate between
the government and opposition forces.
Article 7 of Resolution 806 calls “upon the
Government of Haiti and all political parties, with the support of civil
society and other relevant institutions in Haiti, to resume OAS-sponsored
negotiations as a matter of urgency, as soon as conditions are conducive to
discussions, with a view to reaching an agreement to resolve the political crisis
in Haiti.”
The Secretary General and the Assistant
Secretary General conclude that progress in addressing the causes and
consequences of the violence of December 17, 2001 and in establishing the
Special Mission make the early completion of the negotiated agreement on
elections, as embodied in the Draft Interim Accord of July 15, 2001, and as
proposed in the compromise elements of December 5 and 11, 2001, the single most
important contribution toward major progress in Haiti today, whether the issue
be improving the security climate or normalizing Haiti’s relations with the
international financial institutions.
They call on the Government of Haiti and on all Haitians to make that
possible without further delay.
APPENDIX I
FIRST
INTERIM REPORT ON THE IMPLEMENTATION
OF THE PERMANENT COUNCIL RESOLUTION CP/RES. 806 (1302/02)
ON THE SITUATION IN HAITI[1]/
FIRST INTERIM REPORT ON THE
IMPLEMENTATION OF THE
PERMANENT COUNCIL RESOLUTION
CP/RES. 806 (1302/02)
ON THE SITUATION IN HAITI
INTRODUCTION
On January 16, 2002,
the Permanent Council of the Organization of American States convened in
Special Session to consider the deterioration of the security situation and
spiral of violence in Haiti, following an armed attack on the National Palace
in Port-au-Prince, during the early hours of December 17, 2001.
Member states
expressed serious concerns about the challenges to law and order in the country
and reaffirmed expressly, unequivocally and unanimously, that negotiation was
the only instrument to achieve a peaceful solution to the crisis which arose
from inconclusive legislative, municipal and local elections in May 2000.
The Permanent Council
approved CP/RES. 806 (1303/02) entitled "The Situation in Haiti" which provided a new mandate to the
Secretary General of the Organization.
The scope of the resolution is to create propitious conditions for
negotiations. Essential constituents of
the resolution call for:
-
Completion of a
thorough, independent inquiry into the events related to December 17, 2001;
-
Reparations for
organizations and individuals who suffered damages as a direct result of the
violence of that date;
-
Establishment
of an OAS Mission for strengthening democracy in Haiti.
The Secretary General and the Assistant
Secretary General of the OAS have worked closely with the Member States,
especially CARICOM and the Group of Friends, to implement the Permanent Council
mandate. They have also obtained
critical financial support and pledges of support from many of those states,
Permanent Observers, international organizations and international financial
institutions.
This report is submitted in fulfillment of a
requirement of CP/RES. 806 that the Secretary General should provide an interim
report to the Permanent Council on the implementation of the resolution.
CONSULTATIONS AT
HEADQUARTERS
Following the adoption of Resolution 806 by
the Permanent Council, the OAS Secretary General and the Assistant Secretary
General began consultations with representatives of the Group of Friends, the
Ambassador of Haiti to the OAS and President Aristide on the implementation of
the resolution. In that context, the
OAS General Secretariat invited Convergence Démocratique to Washington D.C,
January 31-February 1, 2002, for discussions with OAS officials. The Convergence Démocratique delegation
consisted of Messrs. Victor Benoit, Paul Denis, and José Nicolas. They met with the Secretary General, the
Assistant Secretary General and the Executive Secretary of the Inter-American
Commission on Human Rights.
The delegation was especially concerned about
escalating violence and a general deterioration in the security conditions in
the country. They discussed the damage
to property and other detriment suffered by the leadership of the opposition as
a result of the violence on December 17, 2001, which continued for several days
after.
They were advised of the deliberations of the
Permanent Council of the Organization on the matter and the salient provisions
of Resolution 806 which could create a momentum toward a positive resolution of
the crisis:
-
The Government
of Haiti had a central responsibility to conduct an independent inquiry that is
free, fair and open while respecting Haitian sovereignty and institutions.
-
Payment of
reparations to all victims, including the families of the police officers who
lost their lives in the attack on the National Palace.
-
Resumption of
negotiations to achieve a consensual solution to the crisis.
-
Deployment of
the Special Mission to help strengthen democracy and Haiti's democratic
institutions.
It was emphasized to the delegation that the
OAS did not seek to create new problems or pressures through the inquiry or the
Special Mission, but to help the Haitian State to discharge its obligations.
The Secretariat held
consultations concurrently at headquarters with the Ambassador of Haiti to the
OAS, Raymond Valcin, on the arrangements to constitute a Commission of Inquiry,
a Council on Reparations, and the administrative and political issues relating
to the deployment of the Special Mission in Haiti.
THE CARICOM HEADS
OF GOVERNMENT
CARICOM, whose Member
States are deeply affected by the Haitian crisis, dispatched a Special Mission
to Haiti, which took place January 28-31, 2002 under the leadership of the Hon.
Julian R. Hunte, Minister of External Affairs of St. Lucia. The purpose of the visit was to assess the
situation and report to the Thirteenth Inter-Sessional Meeting of the
Conference of CARICOM Heads of Government, on its findings.
At that Meeting which
was held in Belize, February 4-5, 2002, the leaders accepted the report of the
Special Mission and adopted the following initiatives, among others:
-
Called for the
establishment of an independent, international Commission of Inquiry into the
events of December 17, 2001;
-
Urged the
international community to release funds to Haiti on the basis of CARICOM's
assessment of the political dynamic in Haiti;
-
Endorsed
provisions of CP/RES. 806, which requested an on-site visit to Haiti by the
Inter-American Commission on Human Rights;
-
Called on the
political parties in Haiti to resume negotiations and sign an Accord to resolve
the political impasse.
Secretary General Gaviria attended the Summit
of CARICOM and Central American Countries, which followed the Conference of
CARICOM Heads on February 5, 2002, and in accordance with paragraph 8 of resolution
806, availed himself of the opportunity to consult with the leaders of CARICOM
on the situation in Haiti.
MISSION PROPOSAL
CP/RES. 806 (1303/02)
of January 16, 2002, mandated the Secretary General:
To accompany the Government of
Haiti's interest and willingness to work jointly with the international
community to find a solution to the current political crisis by establishing an
OAS Mission, in accordance with AG/RES. 1831 (XXX-O1/01) of the General
Assembly of the OAS, to work in the spirit of the OAS Charter and the
Inter-American Democratic Charter.
On February 12, 2002, the
Secretary General presented to the Group of Friends a document entitled: Special OAS Mission for Strengthening
Democracy in Haiti. The document
described the initial approach of the OAS General Secretariat for the mandate
and activities of the Special Mission.
It was not comprehensively designed to respond to the full range or
scope of Haiti's multiple needs and interests but provided the basis for the
Secretary General's appeal for funding for the Mission.
It outlined the
background and sequel of OAS efforts to resolve, through dialogue and
negotiation, the ongoing political crisis in Haiti. The document made provisions for 15 professional technical staff
and appropriate support staff to administer programs within four components–Security,
Justice, Human Rights and Governance.
The goals and objectives within each component are outlined in pages 23-27
of the document which forms part of this report, as Appendix 1.
FURTHER
CONSULTATIONS WITH CARICOM
The Assistant
Secretary General left Washington, D.C. on February 23, 2002 to visit
Haiti. He was accompanied by his Chief
of Staff, Sandra Honoré and Advisor, Denneth Modeste. That evening, he met in Miami with a CARICOM delegation
comprising the Hon. Julian R. Hunte,
Foreign Minister of St. Lucia, Mr. Edwin Carrington, CARICOM Secretary General
and Ms. Charmaine Atkinson-Jordan, to
continue the consultations and collaboration on Haiti.
Ambassador Einaudi
advised the CARICOM delegation that the objective of his visit to Haiti was not
to resume the political negotiations but to negotiate a framework agreement
with the Haitian authorities on the Special Mission and to get agreement on the
terms of reference for the Commission of Inquiry and a tripartite Commission on
Reparations. He advised that by so
doing he would begin the process of creating a climate conducive to
negotiations.
The CARICOM delegation
expressed the view that the policy of the international community in relation
to Haiti was inconsistent and counter-productive in withholding assistance;
nevertheless, it agreed with the OAS that an inquiry into the incidents of
December 17, 2001 was necessary. The
CARICOM delegation emphasized the attributes of international and independent,
for the Commission of Inquiry.
The two delegations
did an analysis of things to be done over the next few months and developed a
sense of a calendar to serve as a point of reference. Emphasis was placed on the inquiry, the deployment of the Special
Mission and resumption of the negotiations.
VISIT TO THE
DOMINICAN REPUBLIC
Following the consultations with CARICOM, the
Assistant Secretary General traveled to the Dominican Republic (which shares
the island of Hispaniola with Haiti) where he was scheduled to deliver a
lecture at the Pontífica Universidad Católica Madre y Maestra on "The
Inter-American Democratic Charter and the Role of the Organization of American
States in the Resolution of Political Conflicts" on March 26, 2002.
The Assistant Secretary General took the
opportunity of his presence in the Dominican Republic to learn from President
Hipólito Mejía, Vice President Milagros Ortíz Bosch and Foreign Minister Hugo
Tolentino Dipp of bilateral initiatives being undertaken by both
governments. He also discussed with the
Dominican Republic leadership the work being undertaken by the Organization in
keeping with Resolution 806. The Assistant Secretary General found much
determined support for a resolution of the Haitian crisis among the Dominican Republic leadership and a firm disposition to
support the OAS' efforts in respect of the neighboring Republic.
COLLABORATION OF
THE HAITIAN GOVERNMENT
The Assistant
Secretary General then proceeded to Haiti, where he was joined by Ambassador
Sonia Johnny, Permanent Representative of St. Lucia to the OAS. They held extensive discussions on the main
elements of Resolution 806 and its implementation, with President Aristide,
representatives of Fanmi Lavalas, the Group of Friends on Haiti, Convergence
Démocratique, Civil Society and the Roman Catholic Church. They met also with the Ministers of Foreign
Affairs and Justice.
The delegation
received full and effective collaboration of the Government of Haiti which
enabled the OAS to begin to organize the Special Mission. Ambassador Einaudi and Haiti's Foreign
Minister, Joseph Philippe Antonio, signed on March 1, 2002, an agreement on the
Special Mission, having for its object, the establishment of the legal
framework for the presence and work of the mission in Haiti.
To avoid any
difficulties of interpretation and application of the provisions of CP/RES. 806
in relation to the inquiry into the incidents of December 17, 2001, Ambassador
Einaudi sought and obtained the verbal commitment of the Minister of Justice
and the President on the character of the inquiry to ensure that it was
conducted within the ambit of the resolution and the declaration of the Heads
of Government of CARICOM.
The Assistant
Secretary General framed the issue of the inquiry as follows:
a.
Three prominent
jurists drawn from OAS member states would constitute an independent Commission
of Inquiry.
b.
The Commission
would not come within the purview of the local judicial authorities but would
have the full support of the Haitian State.
c.
The purpose of
the Commission was fact-finding, without prosecutorial authority separate from
that of the Government of Haiti.
d.
It would submit
an independent report to the Secretary General of the OAS and the Government of
Haiti on its findings of fact, with appropriate recommendations, based on those
facts, to be acted upon by the Haitian authorities.
The Secretariat has subsequently identified,
consulted with and received acceptance from three jurists of some standing
within the Inter-American System to constitute the Commission of Inquiry.
The delegation also received the agreement of
the President and the Minister of Justice on the creation of a tripartite
Advisory Council on Reparations. The
Council shall be constituted by a representative of the government, one drawn from
private sector institutions in Haiti and a third designated by the Secretary
General of the OAS.
The Council shall advise the Ministerial
Commission established by the Government of Haiti on reparations for
organizations and individuals who suffered damages as a direct result of the
violence of December 17, 2001 and subsequent days.
THE INTER-AMERICAN
COMMISSION ON HUMAN RIGHTS
Paragraph 11 of CP/RES.
806 asked the Inter-American Commission on Human Rights (IACHR) "within
its area of competence, to undertake an on-site visit to Haiti to consult with
civil society, political parties, and the Government of Haiti in order to
analyze and report on current conditions and the events related to December 17,
2001." The Government of Haiti,
pursuant to paragraph 4(f) of the Resolution, transmitted officially on January
23, 2002 an invitation to the Inter-American Commission on Human Rights to
conduct the on-site visit.
The IACHR sent a
preparatory delegation to Haiti, February 19-22, 2002 comprised of two of its
officials: Dr. Raquel Poitevien-Cabral, Human Rights Specialist within the
Executive Secretariat and Dr. Debora Benchoam, Attorney of the Bureau of the
Rapporteur for Freedom of Expression.
The aim of the visit was to gather preliminary information on the human
rights situation in the country and to conduct a preliminary evaluation for the
on-site visit, which the Commission will carry out. The delegation met with all the sectors of Haitian society. The Haitian Government provided the
delegation with all possible assistance and cooperation and allowed free and
safe access to Haitian civil society, including the press and opposition
parties in accordance with paragraph 12 of Resolution 806.
During the 114th
period of Regular Sessions of the Inter-American Commission on Human Rights
held between February 25 and March 15, 2002, the Commission held a plenary
hearing on the human rights situation in Haiti and received an oral report on
the results of the visit of February 19-22, 2002 by the Preparatory
Mission. The IACHR agreed to cooperate
with the OAS Mission that will be established in Haiti, in accordance with
AG/RES. 1831 (XXXI-O/01) and to devise different options for action within the
mandate and jurisdiction of the IACHR.
In pursuance of that
objective, the Commission decided to send to Haiti within the coming weeks, a
delegation headed by Dr. Clare Kamau Roberts, a member of the Commission who
has been designated the Rapporteur for Haiti.
FINANCIAL AND
OTHER SUPPORT FOR THE MISSION
The OAS General
Secretariat has already received an initial generous contribution of $500,000
from the United States and 10,000 pounds sterling from the United Kingdom to
begin the process of constituting and deploying the mission. It has also received indications and pledges of support from other Member
States and Permanent Observers. The
General Secretariat expresses its gratitude for the broad and prompt support
received to date. All offers of support are listed as Appendix F to this
report.
On March 5, 2002, the
Secretary General and the Assistant Secretary General held discussions with Mr.
James Wolfensohn, President of the World Bank on the possibility of that
institution's collaboration with the OAS in the attainment of its objectives in
Haiti. On the basis of the discussions,
the World Bank has decided to provide a grant facility to the OAS for a number
of programs of the Special Mission that are consonant with the objectives,
plans and strategy of the OAS, under the rubric of justice and governance.
The amount of the
grant is yet to be determined; however, officials of the two institutions will
meet during April 2002 to define and develop initiatives for collaboration
within the parameters specified by the World Bank and the provisions of
paragraph 6 of CP/RES. 806.
On March 26, 2002, the
Inter-American Development Bank (IDB) advised the General Secretariat that it
welcomed the chance to work more closely with the OAS and others on Haiti and
that it had instructed its Country Office in Port-au-Prince to support the work
of the Special Mission.
ADMINISTRATIVE
ARRANGEMENTS
The quantity and
quality of the products of the Special Mission
will be determined in large part by the quality of the persons selected to
advance its work and the administrative mechanisms put in place within Haiti to
ensure Haitian "buy-in" and ownership of those products.
Mission Head
On the basis of
consultations with Member States of the OAS, the General Secretariat has selected as Head of Mission a senior professional of stature, demonstrated competence
and a wide array of experience in diplomacy and social and economic
development, whose fairness, cogent analysis and dispassionate and
balanced approach to the task ahead will help to guarantee positive results.
Mission Personnel
The General
Secretariat has begun the process of selecting the fifteen members who will
staff the Special Mission. The response
to its appeal for candidates has been overwhelming. The members will be persons of professional standing with an
analytical insight and proven experience in one of the components of the
Mission.
Counterpart
The OAS has received
effective cooperation from the Government of Haiti in its attempts to put
together the Special Mission and to obtain agreement on the terms of reference
for the Commission of Inquiry and the Advisory Council on Reparations. The Government has also pledged a financial
contribution to the Special Mission and provided the General Secretariat with
ideas on a number of critical needs, the satisfaction of which ranks high in
its order of priorities. This
manifestation of political will and support for the mission is indispensable to
achieve concrete results and ensure long-term success.
President Aristide has
already indicated to the OAS Assistant Secretary General his agreement to the
need for the establishment of a recognized and respected point of contact
within the Office of the Prime Minister to serve as the principal interface for
the Mission. This will clearly demonstrate the authority of the office which
will provide mutual support and operational cooperation between the government
and the Mission and ensure the necessary coordination that will be required
with the many different components of the Government of Haiti.
CONDITIONS FOR
NEGOTIATIONS
The tenor of CP/RES. 806 is the restoration,
through a series of decisive measures by the Government of Haiti, of "a
climate of security that is a necessary condition for resuming OAS-sponsored
negotiations …" The Special Mission will not have a negotiating
mandate. The Secretary General and the
Assistant Secretary General, through the Special Representative of the
Secretary General in Port-au-Prince, will spearhead this effort, in
collaboration with CARICOM and with the support of the Group of Friends on
Haiti. The resolution places
responsibility "on all political parties, with the support of civil society
and other relevant institutions in Haiti," to help create those enabling
conditions for negotiations, "with a view to reaching an agreement to
resolve the political crisis."
In this regard, the
new Prime Minister's language of openness and his expressed commitment to
negotiations are encouraging and reassuring.
More commendable is the recent arrest of some individuals who have been
implicated in serious criminal activities, to face justice. Having political party operatives submit to
the rule of law is a major act of political and moral courage. Such bold gestures will serve as a deterrent
to violations of human rights, inspire confidence in the government and will
contribute immensely to the creation of a climate of security in the country.
The
advantage of power includes the exercise of restraint and forbearance. In this context, the OAS wishes to commend
the government for its display of tolerance in handling the assembly of the
Convergence Démocratique on Friday, March 22, 2002. Likewise, the opposition should be praised for its avoidance of
provocation. The OAS has held
consistently, that the comportment of the politicians will open the way to
peace and stability in Haiti.
On March 15, 2002, President Aristide
appointed Mr. Yvon Neptune, former President of the Senate, as the new Prime
Minister, and a new Council of Ministers has been constituted, including Mr.
Marc L. Bazin as Minister without Portfolio to facilitate improved conditions
for negotiations.
CONCLUSION
The strategy of the
OAS in the implementation of the resolution is to deploy the Special Mission,
as funds become available, beginning with the jurists to conduct the
inquiry. It is hoped that by the end of
April 2002 the Mission would be fully deployed and the Advisory Council on
Reparations would have completed its work.
Such concrete and substantial progress should facilitate the signing of
the Initial Accord. This achievement
could form the basis of a Second Interim Report to the Permanent Council by May
1, 2002, which would coincide with the meeting of the CARICOM Council for
Foreign and Community Relations, which is scheduled to be held May 4-6,
2002. It is hoped that the full report
to the Thirty-second General Assembly on the implementation of the Resolution
could reflect the attainment of the main goals and objectives outlined therein,
including the completion of the inquiry, the work on reparations and the
resolution of the political crisis.
The OAS expects the
Special Mission to make a major contribution to help the people of Haiti to
fulfill their aspirations in peace. It
is a modest mission by recent standards; however, it will not start anew. It should constitute a critical retrieval of
past experiences in Haiti which could be applied to the present problems. With political will to effect meaningful
change, demonstrated in part by the appropriate administrative machinery to
implement the measures mutually agreed upon by the Mission and the local
authorities, the results of our collaboration could be far-reaching.
30 March 2002
Document Prepared by the General Secretariat
of the OAS
NOTE: This document describes the OAS General
Secretariat’s initial approach for the mandate and activities of the Special
OAS Mission for Strengthening Democracy in Haiti, established pursuant to
CP/RES. 806 of January 15, 2002. The
attached budget is for an OAS Mission composed of 15 professional technical
staff plus appropriate support staff.
The Budget includes no program funds, nor funding for the activities of
the Inter-American Commission on Human Rights.
TABLE OF CONTENTS
Background
Learning from Past Experience
Mandate and Implementation
Dialogue
Components of the Mission
Security
Justice
Human Rights
Governance
Coordination
Structure and Budget
Conclusion
Appendix A – Mission Agreement between GS/OAS
and Government of Haiti
Appendix B – Terms of Reference for a
Commission of Inquiry
Appendix C – Terms of Reference for an
Advisory Council on Reparations
Appendix D – Initial Draft Accord
Appendix E – Budget
Appendix F – Offers
of Support from Member States, Permanent Observers, and
International Organizations to the Special OAS Mission to Haiti as
of 30 March 2002
Background
In the summer of 2000, the Organization
of American States initiated a process of dialogue and negotiation to resolve
the political crisis stemming from deficiencies and irregularities of the
legislative, municipal and local elections in Haiti of May 21, 2000, and to
promote reconciliation among the political actors in the country. OAS Permanent Council resolutions CP/RES.
772 (1247/00), of August 4, 2000; and CP/RES. 786 (1267/01) corr.1, of March
14, 2001, as well as General Assembly resolution
AG/RES.
1831 (XXXI-O/01), “Support for Democracy in Haiti”, of June 6, 2001, provide
the mandates under which the Secretary General and
Assistant Secretary General have been working with CARICOM and with the Group
of Friends of Haiti to find a solution to the political crisis.
On January 15, 2002 a Special Session
of the Permanent Council was convened to consider the situation in Haiti
following an armed attack on the National Palace and ensuing violence in which
the homes of several opposition leaders and the offices of Convergence Démocratique
and three of its constituent parties were destroyed by fire. The Council approved CP/RES. 806 (1303/02)
Corr. 1 which contains a provision for a mission to Haiti:
To accompany the Government of
Haiti's interest and willingness to work jointly with the international
community to find a solution to the current political crisis by establishing an
OAS Mission, in accordance with AG/RES. 1831 (XXXI-O/01) of the General
Assembly of the OAS, to work in the spirit of the OAS Charter and the
Inter-American Democratic Charter.
The approach of the OAS for the
implementation of AG/RES. 1831 is to broker an initial accord on a consensual
formula for the composition of a credible, neutral and independent electoral
council, its mandate and a number of measures to create an enabling environment
for credible elections. This will be
followed by a global accord encompassing other critical issues, including good
governance, human rights and the social and economic development of Haiti. Two issues remain to be settled in the draft
of the Initial Accord.
This paper outlines what the Special Mission
might accomplish, and provides an illustrative budget for its operation.
In
1992, the OAS established a human rights field mission in Haiti to observe the
human rights situation under the de facto regime. In 1993, in partnership with
the United Nations, the OAS established the International Civilian Mission in
Haiti (MICIVIH, by its French acronym).
The initial mandate of the MICIVIH focused on the promotion and defence
of human rights and support for the consolidation of democracy. After the return of constitutional order,
the mandate of the MICIVIH was expanded to specifically add a democratic
institution-building component, an effort which proved elusive.
The lessons learned from past OAS programs as
well as other experiences make clear that any international attempt to
facilitate dialogue in Haiti must provide for Haitian ownership and leadership
in defining the agenda, choosing interlocutors and official representatives,
and deciding the pace and timing of their decisions. A key aspect of being able to facilitate productive exchanges
between actors in conflict is to ensure that all parties possess the necessary
knowledge, skills and attitudes to participate effectively in the dialogue
process. The international community has often overlooked this need for
national ownership and responsibility when attempting to support the
democratization process in Haiti.
With the special
object of finding "a solution to the current political crisis,"
CP/RES. 806 outlines the mandate of the new OAS mission as follows:
-
To investigate
and assess the situation.
-
To support the
Government of Haiti, Haitian civil society and democratic political parties …
to strengthen the Haitian democratic institutions.
-
To monitor
events in Haiti, including:
a.
Respect for the
essential elements of representative democracy and;
b.
Compliance with
any accords that may result from OAS-sponsored negotiations.
The OAS will implement this new mandate
within the ambit of the draft Initial Accord.
The modus operandi will be as follows:
a.
Begin to deploy
the mission, as funds become available, in accordance with the framework
agreement on the Mission between the Government of Haiti and the General
Secretariat of the OAS, (attached as Appendix A).
b.
The Mission
will conduct a thorough independent inquiry into the incidents which occurred
on December 17, 2001 (the terms of reference for the independent inquiry are
attached as Appendix B). A Tripartite
Council on Reparations will be established, pursuant to paragraph 4 (d) of
Permanent Council Resolution CP/RES.806.
The Tripartite Council will be composed of a member of the Special OAS
Mission, a representative of the Government of Haiti, and a representative
chosen from private sector institutions and the Churches (the terms of
reference for the Tripartite Council on Reparations are attached as Appendix C).
c.
The Secretary
General and the Assistant Secretary General will attempt to conclude the
negotiations on the two outstanding issues of the Draft Initial Accord,
"as soon as conditions are conducive to discussions."
d.
Dialogue
In accordance with
AG/RES. 1831 (XXX-O/01), the Secretary General and the Assistant Secretary
General started a process to conclude "a broad-based agreement among the
Government of Haiti, political parties, civil society and other relevant
institutions of Haitian society…"
The OAS believes that it is critical for the
negotiations to resume in an environment that is conducive to a successful
conclusion of the Initial Accord. The Secretary-General and the Assistant
Secretary-General will continue to lead the process of negotiation, assisted,
as appropriate, by the Special Representative of the Secretary General.
The Organization
pursued an approach to achieve an initial accord on a number of critical
elements to be followed by negotiations to reach a global accord. The main elements of the initial accord are:
-
A formula to
constitute a credible, neutral and independent Provisional Electoral Council
-
The mandate of
the Council
-
Creation of an
enabling environment for credible elections
-
Furtherance of
national dialogue
-
Provisions
regarding Haiti's relations with the international community
The OAS believes that
the elements that are already agreed in the draft initial accord should be
respected, even in the absence of an agreement.
Fanmi Lavalas and Convergence Démocratique
have, in addition, committed themselves already in the draft initial accord to
begin dialogue among political parties and civil society within thirty days of
the signing of the initial accord. The
stated objective of this broad-based dialogue is to reach a political agreement
on the following issues:
a.
Security for
citizens, a justice system, and a police system, including the establishment of
civilian authorities to oversee the police.
b.
Consolidation
of democracy and of opportunities for participation, including the
strengthening of political parties as social institutions.
c.
Human Rights
d.
Economic and
social development.
e.
Governance and
transparency.
In fulfillment of the mandate of the
Permanent Council, and in pursuance of the consensus reached at this point in
the OAS-sponsored negotiations, the Secretary General has assigned the
following four components to the mission:
a.
Security
b.
Justice
c.
Human Rights
d.
Democratic
Development, Governance and Institution-Building
Security
One of the immediate objectives of the Mission
in this area will be to improve security conditions relating to political
activity. In this regard, the Mission
will provide assistance in the development of mechanisms and procedures to
ensure the security of all political parties, their officers and candidates, as
part of creating a propitious climate for future elections in the country. The mission will work closely with all
political parties, the Provisional Electoral Council and the Commission of Electoral
Guarantees in the implementation of section two of the draft initial accord on
the role of the police in the electoral process (Appendix D).
Over the medium and longer term, the mission
will collaborate with the Government of Haiti, civil society, non-governmental
organizations and international organizations to draw up a strategic plan to
achieve the following objectives:
-
Enhance the
institutional development of important public security institutions.
-
Improve
collaboration in the administration of justice among the judicial, law
enforcement and penal institutions on the premise that those three pillars are
components of in integrated system.
-
Develop the
technical and managerial potential of judicial and law enforcement officials
through a program of formal training and attachments. Training programs could be developed in conflict management,
community policing, human rights protection and professional conduct of the
police.
The Haitian National Police must contribute to the
consolidation of a climate of peace and security. The Mission will help to attain this goal, working in tandem with
the afore-mentioned institutions to reform and reorganize the mission and
control structures of the police, consistent with the rule of law and
constitutional and elected civilian government.
The mission will make
recommendations to the Government of Haiti on the composition of the police
force to ensure that the manpower level is consistent with the security needs
of the country. The criteria for
recruitment will be reviewed to enhance the professionalism of the force.
Justice
The international
community (at both bilateral and multilateral levels) has made important
contributions to the reform of the Haitian judiciary to enhance the capacity of
the key institutions to dispense justice.
The structure, organization and decision-making processes of the system
still need to correct significant deficiencies including delay, cost,
complexity, access to justice and impunity.
CP/RES. 806 (1303/02)
provided in paragraph 4 (a) that “a thorough independent inquiry into the
events related to December 17, 2001,” be held to contribute toward the
restoration of “a climate of security that is a necessary condition for
resuming OAS-sponsored negotiations”.
CARICOM Heads of
Government meeting in Belize at the Thirteenth Inter-Sessional Meeting of the
Conference of Heads of Government, accepted the recommendation of a CARICOM
Special Mission to Haiti (January 28-31, 2001) that an independent
International Commission of Inquiry be established to make an evaluation of the
events of December 17, 2001.
In pursuance of these
mandates, and on the basis of consultations with CARICOM and the Government of
Haiti, the Secretary General of the OAS has decided to appoint three Legal
Experts to constitute a Commission of Inquiry for that purpose. The Special OAS Mission will assist the
Government of Haiti in implementing any recommendations which the Commission
makes within the scope of the mandate of the Mission.
The Haitian people
need access to a justice system that is perceived as politically impartial,
effective and efficient. A credible
inquiry into the incidents of December 17, 2001, followed by the prosecution of
persons implicated in the violence will instill confidence in the judicial
system and reduce the incidence of politically motivated violence.
The Mission will take
steps to strengthen the prosecution process with a view to speeding up the
handling of cases thereby reducing the incidence of pre-trial detention, to
include:
-
Legal
Assistance and training to the Juges d’Instruction and the Commissaires
de Gouvernement on criminal investigations and the prosecution of
offenders.
-
Support to the
École de la Magistrature for the training of the Juges de Paix and also for the
Greffiers (court clerks) on record keeping, delivery of decisions, and other
duties.
The Mission will assist the Civil Registry
Department of Haiti to register the large number of undocumented citizens to
improve their access to justice.
Human Rights
Human rights tasks will figure prominently in
the work of the OAS Mission. The
Mission will build on the work of past missions in Haiti to help improve the
human rights situation in the country through effective monitoring and
reporting on human rights matters, technical and institutional assistance and
human rights advocacy, education and training.
Separately, the
Government of Haiti has extended an invitation to the Inter-American Commission
on Human Rights (IACHR), pursuant to resolutive paragraph 11 of CP/RES. 806,
which states:
"To ask the
Inter-American Commission on Human Rights, within its area of competence to
undertake an on-site visit to Haiti to consult with civil society, political
parties, and the Government of Haiti in order to analyze and report on current
conditions and the events related to December 17, 2001.
Although the IACHR is
an independent, autonomous institution within the Inter-American System and is
expected to maintain these attributes in the fulfillment of its mission, it is
expected that it will work in coordination with the OAS Mission.
The Mission will work to help accomplish the
following:
-
observe and
report on respect for the right to life, the integrity and security of the
person, individual rights and fundamental liberties, including freedom of
expression, association and assembly, other civil and political rights and due
process guarantees.
-
strengthen the
capacity of local institutions (law enforcement, penal, justice, Office of the
Ombudsman and civil society, including human rights NGOs) to protect, promote
and defend human rights in Haiti.
-
ensure that law
enforcement authorities abide by international human rights standards.
-
assist the
Haitian authorities to codify the laws relating to the protection of human
rights.
-
Provide human
rights education and training, as needed, to civil society organizations, State
institutions and institutions of higher learning (issues, instruments and
standards, national and international protection and recourse mechanisms).
-
Sensitize the
local population, including in the rural areas, on human rights norms and
standards.
Governance
Resolutive paragraph 3
of CP/RES. 806 states that the OAS Mission should "work in the spirit of
the OAS Charter and the Inter-American Democratic Charter."
These instruments
identify and lay out the principal features that reinforce our democratic
values, including:
-
Representation
by the people in all the political institutions based on the principle of
consent freely given.
-
Participation
by the citizenry in the policy-formulation and decision-making processes of
those institutions.
-
Periodic free
and fair elections under the principle that sovereignty is reposed in the
people and exercised through their representatives, and political organization
that reflect this principle.
-
Pluralistic
system of political parties whose equitable participation in the electoral
process is a necessary condition for the exercise of the will of the people.
-
The essential
functions of government, legislative, executive and judicial, should be
discharged by separate individuals and institutions to prevent abuse of power.
-
A differential
relationship between state institutions, especially the armed forces, and the
elected, legally constituted authorities in each country; and military and law
enforcement institutions whose mission and control structures are consistent
with constitutional and elected civilian government.
-
Respect for the
principles of the rule of law and for human rights and fundamental freedoms.
-
Propriety in
public administration.
-
Efficiency, effectiveness
and impartiality of the judiciary.
Guided by these values, the OAS Mission will
build upon achievements in this area and complement past efforts to strengthen
Haitian democratic institutions and to improve the government's capacity to
formulate and execute social and economic policies. In this regard, the Mission may undertake the following
activities to strengthen public administration and improve public financial
accountability and management:
-
Prepare
guidelines and make recommendations on public financial accountability,
financial management practices and standards of conduct in public
administration.
-
Make
recommendations to strengthen public administration with a view to creating a
more professional service with characteristics of permanency and political
neutrality.
-
Make
recommendations on the decentralization of public administration with specific
reference to the balance of power between central and local administrations;
the degree of autonomy accorded to local authorities; the level of central
government control over local authority powers and uniformity of standards in
the provision of government services, most notably in health, education, the
administration of justice and law enforcement.
-
Monitor the
implementation of elements in the initial and global accords in this area.
The efforts of the
mission must be well coordinated in Washington and Port-au-Prince to satisfy
the requirements of consistency and predictability, to achieve complementarity
and to avoid duplication of efforts.
Washington
The
Secretary General and the Assistant Secretary General shall consult with, and
keep fully informed, the Group of Friends on Haiti, including a representative
of the United Nations; CARICOM, through both the Permanent Representatives to
the OAS and the CARICOM Secretariat; the World Bank, the Inter-American
Development Bank, and other pertinent institutions.
Port-au-Prince
The
Mission shall establish mutually supportive relationships at both the political
level (Group of Friends) and technical level (International donor community -
UNDP, IDB, World Bank, European Union, United Nations Commission on Human
Rights, Inter-American Commission on Human Rights etc.). The Group and institutions, in discharging a
consultative and advisory function, will decide, in consultation with the
Mission, the mechanisms of cooperation and collaboration in the field.
The Mission will take steps to ensure that
there is effective coordination of all activities within the public sector and
that all assessments, plans and recommendations will be discussed with other
key sectors of Haitian society and with the Provisional Electoral Council when
they relate to roles envisaged for that institution in the initial accord.
It is proposed that the
Mission be headed by a Chief of Mission of recognized competence and be
composed of persons with experience in the program areas of the Mission.
A Deputy Chief of
Mission will be responsible for coordinating the day-to-day functions of the
four pillar of the Mission (security, justice, governance and human rights) and
will also be responsible for the administrative functions. Each pillar will be staffed by at least two
technical experts; the security pillar will have at least four experts and the
justice pillar having at least three (one from CARICOM). The justice experts will assist the
Government of Haiti in the conduct of the investigations envisaged under
resolutive paragraph 3 of CP/RES.806.
An illustrative budget
to cover the operations of the mission is presented as Appendix E. The budget is for an OAS Mission composed of
15 professional technical staff plus appropriate support staff. The Budget includes no program funds, nor
funding for the activities of the Inter-American Commission on Human Rights.
The Member States of
the Organization of American States have stated in CP/RES. 772 (1247/00),
CP/RES. 786 (1267/01), AG/RES. 1831 (XXXI-O/01) and CP/RES. 806 (1303/02) corr.
1, that they reject violence as an instrument of political discourse and
endorse dialogue and negotiations to resolve the political crisis in Haiti.
It is hoped that the
gains made in the OAS-sponsored negotiations would be preserved and that speedy
implementation of paragraph 4 of CP/RES. 806 would "restore a climate of
security" for resumption of the talks to settle the two outstanding issues
in the draft Initial Accord.
The OAS Mission will
endeavor to impress upon the political parties the importance of their
contribution to that climate of security by cultivating tolerance, peace and
mutual respect.
The Mission will work
closely with the Government of Haiti to fulfill the mandate of the Mission, not
as an obligation of honor on the part of the government, but as a mutual
commitment between Haiti and the international community to provide
concrete support to the Government of Haiti, which should redound to the
benefit of the people of the country.
Appendix A
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF HAITI AND
THE GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN
STATES
ON THE SPECIAL MISSION OF THE ORGANIZATION OF AMERICAN
STATES
TO STRENGTHEN DEMOCRACY IN HAITI
The
Government of the Republic of Haiti (the Government of Haiti) and the General
Secretariat of the Organization of American States (GS/OAS), (‘’the Parties’’)
have agreed as follows:
ARTICLE 1
PURPOSE
1.1. The purpose of this Agreement is to
establish terms and conditions to enable the OAS Special Mission to Strengthen
Democracy in Haiti (the Mission) to carry out its work adequately, in
collaboration with the Caribbean Community (CARICOM), and in accordance with
AG/RES. 1831 (XXXI-O/01) and CP/RES.806 (1303/02) corr.1 of January 16, 2002.
1.2. The Mission’s work shall cover the areas
of security, justice, human rights and the development of democracy, good
governance, and institution-building.
The document detailing the balanced distribution of the Mission’s work
in those areas, which is being consulted with CARICOM, other OAS member states,
including Haiti, and Permanent Observers, will be incorporated into this
Agreement, once that document has been adopted by the duly authorized
representatives of the Parties.
1.3. The Mission’s work is directed at
investigating and assessing the situation and assisting the Government and
people of Haiti in strengthening their democratic system and institutions.
ARTICLE II
GUARANTEES AND INFORMATION
2.1.
In fulfillment
of this Agreement, the Government of Haiti guarantees
the Mission and its members free and safe access to all elements of
Haitian politics and civil society, including the press and the opposition
parties. Likewise, the Government of
Haiti, within the framework of Haitian law and in accordance with the Charter of
the OAS, shall provide the Mission and its members with all facilities to
exercise their functions including free movement throughout Haitian territory
and full access to all governmental organs, agencies, and entities and to their
records and documents.
2.2. Among the activities to be carried out by
the Mission and its members are the following:
a.
To conduct the
investigations and evaluations that they deem necessary;
b.
To make the
recommendations and to provide the assistance they consider relevant; and
2.3.
The GS/OAS
shall report periodically to the OAS Permanent Council and to the Government of
Haiti on the activities of the Mission.
The GS/OAS will keep the public appropriately informed through the
media.
ARTICLE III
MEMBERS OF THE MISSION
3.1. The GS/OAS shall inform the Government of
Haiti of the names of the individuals making up the Mission, who shall be duly
identified by an OAS identification card specially prepared for the Mission, in
accordance with Article 9.1 of this Agreement.
3.2. The OAS Secretary General shall appoint
the members of the Mission, who shall perform the functions necessary for the
satisfactory implementation of this Agreement.
ARTICLE IV
PRIVILEGES AND IMMUNITIES OF THE MISSION
4.1. The privileges and immunities of the
Mission and its members shall be those accorded to the OAS, to its organs, and
to their staff, pursuant to Articles 133, 134, 135, and 136 of the OAS Charter,
the instrument of ratification of which was deposited by the Government of
Haiti on March 28, 1951, the Agreement on Privileges and Immunities of the
Organization of American States, the instrument of ratification of which was
deposited by the Haitian Government on March 13, 1952, and the Agreement on the
Operations of the Office of the GS/OAS in Port-au-Prince, signed by the
Government of Haiti and the GS/OAS on March 8, 1972.
4.2. The property and effects of the Mission
in any part of Haiti and in the possession of any person shall enjoy immunity
against any type of judicial proceeding, save in those specific cases for which
said immunity is expressly waived.
However, it is understood that said waiver of immunity shall not have
the effect of subjecting such property and effects to any type of execution
measure.
4.3. The premises occupied by the Mission
shall be inviolable. Moreover, their
property and effects, in any part of the territory of Haiti and in the
possession of any person, shall enjoy immunity against search and seizure,
confiscation, expropriation, and against any form of intervention, be it
executive, administrative, judicial, or legislative.
4.4. The files of the Mission and all
documents pertaining thereto or in its possession shall be inviolable,
wheresoever they are located.
4.5. The Mission shall be: (a) exempt from any
type of internal taxation, it being understood, however, that they may not
claim any type of tax exemption that is in fact a remuneration for public
services; (b) exempt from any type of customs duty and of prohibition and
restriction in respect of articles and publications that they import or export
for their official use. It is understood, however, that the articles they
import duty free may only be sold within the country in accordance with the
conditions agreed upon with the Government of Haiti; and (c) exempt from
ordinances, regulation, or moratoria of any kind. Moreover, they may have
currency of any type, carry their accounts in any foreign currency, and
transfer their funds in foreign currency.
4.6. The Mission may set up and operate in
Haitian territory an autonomous radiocommunications system for the purpose of
providing a permanent connection among the members of the Mission and the
vehicles used by the Mission and its offices, between the offices and central
headquarters, and between the central headquarters and the headquarters of the GS/OAS
in Washington, D.C., and to that end the Government of Haiti shall provide all
technical and administrative collaboration deemed necessary. This provision is subject to authorization
by the Conseil National de Télécommunications (CONATEL), which authorization
shall not be unreasonably delayed or denied.
ARTICLE V
MEMBERS OF THE MISSION
5.1. For the period during which they exercise
their functions and during their trips to and from Haiti, the members of the
Mission shall enjoy the following privileges and immunities:
(a) Immunity
from personal detention or arrest; and immunity from any type of legal
proceeding in respect of their actions and statements, be they oral or written,
done in the performance of their functions;
(b) The
inviolability of any paper or documents;
(c) The right to communicate with the GS/OAS via radio,
telephone, telegraph, satellite, or other means, and to receive documents and
correspondence through messengers or in sealed pouches, enjoying for that
purpose the same privileges and immunities accorded to diplomatic mail,
messengers, or pouches;
(d) The right to utilize for their movements, any means of
transportation, be it airborne, waterborne, or overland, throughout the
national territory;
(e) Exemption,
in respect of their persons and those of their spouses and children, from any
type of immigration restriction and registration of aliens and any type of
national service in Haiti;
(f) They shall enjoy the greatest possible freedom in the
transfer of funds and in the negotiation anywhere and in any form of foreign
currency, checks, cash, or foreign coins or bills that they receive as
compensation or benefits for their services, without their being subject to
limitations, restrictions, or inspection or control measures that may be
established in this regard; and
(g) The same immunities and privileges in respect of their
personal effects as are accorded to diplomatic envoys.
ARTICLE VI
SAFETY OF THE MEMBERS OF THE MISSION
6.1. The Government of Haiti undertakes to
take the necessary measures to ensure the safety and protection of the members
of the Mission, as regards both their physical safety and that of their
possessions.
6.2. The members of the Mission undertake to
cooperate with the civilian and police authorities charged with their safety
and protection.
ARTICLE VII
COOPERATION WITH THE AUTHORITIES
7.1. The members of the Mission shall
cooperate with the competent Haitian authorities to prevent any occurrence of
abuse in respect of the specified privileges and immunities. Similarly, the
competent authorities shall do whatever is possible to supply the cooperation
requested of them by the Mission.
7.2. Without prejudice to the immunities and
privileges accorded, the observers shall respect the laws and regulations in
effect in Haiti.
7.3. The Government of Haiti and the GS/OAS
shall take any measures necessary to procure an amicable arrangement in the
proper settlement of:
(a) Any
disputes that arise in contracts or other questions of private law;
(b) Any disputes to which the members of the Mission may be party
in respect of matters in which they enjoy immunity.
ARTICLE VIII
NATURE OF THE PRIVILEGES AND IMMUNITIES
8.1. The privileges and immunities are granted
to the Mission and its members in order to safeguard their independence in the
exercise of their functions of investigating, evaluating, and assisting the
Government and the people of Haiti to strengthen their democratic systems and
institutions, and not for personal gain or to perform activities in violation
of Haitian law. Therefore, the OAS
Secretary General shall waive the privileges and immunities of these in the
event that, in his judgment, the exercise of those privileges and immunities
obstructs the course of justice and when they may be waived without harming the
interests of the OAS.
ARTICLE IX
IDENTIFICATION
9.1. The GS/OAS shall supply each member of
the Mission, as well as the local contract staff, with a numbered
identification card, which shall show the full name, date of birth, position or
rank, and a photograph. Further, the members of the Mission shall be obliged to
present that identification card when the Haitian authorities so request.
ARTICLE X
GENERAL PROVISIONS
10.1. The Government of Haiti recognizes the
"official travel document" issued by the GS/OAS as a valid and
sufficient document for purposes of travel by the members of the Mission. The
Government of Haiti shall issue to the members of the Mission the corresponding
diplomatic visa allowing them to enter, remain, and leave the country as often
and for as long a period as necessary until the end of the Mission.
10.2. This Agreement may be amended by mutual
consent by the Government of Haiti and the GS/OAS.
10.3. This Agreement shall enter into force on
the date of its signature and shall remain in force for one year thereafter,
and may be renewed upon the written agreement of both Parties.
IN WITNESS WHEREOF, the representatives of the Government of Haiti and
the GS/OAS, duly authorized for that purpose, sign this Agreement in two
originals in the city of Port-au-Prince, Haiti, on this 1st day of March of the
year two thousand and two.
REPUBLIC
OF HAITI THE
ORGANIZATION OF AMERICAN STATES
Joseph Philippe ANTONIO Luigi
R. Einaudi
Minister of Foreign Affairs and Worship Assistant Secretary
General
Appendix B
TERMS OF REFERENCE FOR A COMMISSION OF
INQUIRY
INTO INCIDENTS IN HAITI ON DECEMBER 17, 2001
BACKGROUND
On January 16, 2002
the Permanent Council of the Organization of American States approved CP/RES.
806 (1303/02) which provided in paragraph 4 (a) that "a thorough
independent inquiry into the events related to December 17, 2001," be held
to contribute toward the restoration of "a climate of security that is a
necessary condition for resuming OAS-sponsored negotiations."
CARICOM Heads of
Government meeting in Belize at the Thirteenth Inter-Sessional Meeting of the
Conference of Heads of Government, accepted the recommendation of a CARICOM
Special Mission to Haiti (January 28-31, 2001) that an independent
International Commission of Inquiry be established to make an evaluation of the
events of December 17, 2001.
In pursuance of these mandates and on the
basis of consultations with CARICOM and the Government of Haiti, the Secretary
General of the OAS has decided to appoint three Legal Experts to constitute a
Commission of Inquiry ("The Commission") for that purpose.
TERMS OF REFERENCE
1. The Commissioners shall
inquire into the circumstances surrounding the following events:
a.
An armed attack
on the National Palace in Port-au-Prince during the early hours of Monday
December 17, 2001.
b.
The ransacking
and burning of the headquarters of political parties of the opposition, of the
private residences of leaders of Convergence Démocratique and of cultural and
academic centers, foreign or national, in Port-au-Prince, and in other cities
and localities.
c.
Any possible
links between the incidents in (a) and (b) above and violent incidents on July
28, 2001 in Port-au-Prince and elsewhere in Haiti.
d.
Attacks,
intimidation and threats directed at members of the press and owners of media
outlets on December 17, 2001 and subsequent days.
2. The three members of
the Commission ("Commissioners") shall not be nationals of
Haiti. They shall be chosen on the
basis of their professional ability, discretion, and reputation for fairness
and impartiality from among candidates proposed by OAS member states, including
one from CARICOM.
3. The inquiry shall be
independent and separate from any judicial proceedings in Haiti.
4.
In accordance
with the Agreement between the OAS General Secretariat and the Government of
Haiti:
(i)
The
Commissioners shall enjoy free and unlimited access to all localities,
organizations and entities which they choose to visit or to individuals they
wish to interview, as well as to all documents and any other sources of
information.
(ii)
The Haitian
authorities and institutions shall cooperate with and provide all assistance
and support to the Commissioners in the conduct of the inquiry.
5. The three Commissioners
shall submit their Report on the inquiry to the Government of Haiti and to the
OAS Secretary General. It shall contain
their findings of fact and recommendations to the Government of Haiti and shall
reflect their independent deliberations and conclusions based on those findings
of fact.
Appendix C
TERMS OF REFERENCE FOR AN ADVISORY COUNCIL ON
REPARATIONS
BACKGROUND
On January 16, 2002,
the Permanent Council of the Organization of American States approved CP/RES.
806 (1303/02), which called upon the Government of Haiti "to pursue
diligently all efforts to restore a climate of security that is a necessary
condition for resuming OAS-sponsored negotiations, including: reparations for organizations
and individuals who suffered damages as a direct result of the violence of
December 17, 2001."
In pursuance of this
mandate and on the basis of consultations with CARICOM and the Government of
Haiti, the Secretary General of the OAS has decided to appoint two persons to
form, with a representative of the Government of Haiti, a tripartite Council on
Reparations. The Council shall advise
the Ministerial Commission (the Commission) established by the Government of
Haiti, on this matter.
TERMS OF REFERENCE
1. The Council shall:
a)
Make an
assessment of any and all physical injuries, loss of life or other physical
detriment suffered as a direct result of the violence on December 17, 2001 and
continued for several days thereafter.
b)
Make an
inventory of the physical damage stemming from the attack on the National
Palace, the ransacking and burning of the headquarters of political parties of
the opposition, of the private residences of leaders of Convergence
Démocratique, and of cultural and academic centers, foreign or national, in
Port-au-Prince and in other cities and localities
2. The Council shall be
constituted as follows:
(i)
One person
appointed by the Government of Haiti;
(ii)
One person
appointed by the Secretary General of the OAS from among a list of persons
recommended by private sector institutions and the Churches in Haiti;
(iii)
One person
appointed by the Secretary General of the OAS in the exercise of his own
discretion.
3. The Haitian authorities
shall cooperate with and provide all assistance and support to the Council in
its work.
4. The
Council shall submit a report to the Ministerial Commission with
recommendations on reparations to the organizations and individuals who
suffered damage as a direct result of the violence that begun on December 17, 2001,
and continued for several days thereafter.
Appendix D
Rev. 8, July
15, 2001, 11:40 p.m.
INITIAL DRAFT
ACCORD
The undersigned,
political parties, civil society organizations, and churches, reaffirm our deep
conviction that the political crisis must be resolved and democratic
institutions must be strengthened. We
solemnly pledge to work toward those objectives and to spare no effort to
attain them in good faith, in line with hemispheric efforts to promote and
consolidate democracy. Therefore, we
have agreed on the following points, with the Government’s guarantee:
1. The
formation of a new credible, independent, and neutral Provisional Electoral
Council (CEP).
We agree to
participate in appointing the nine members of the CEP, according to the following
formula, which has been arrived at by consensus. Each member must be a respected person enjoying the confidence of
all citizens. Prior to the appointment
of the members, the undersigned shall be consulted about the persons
designated, in order to verify that they possess the necessary qualifications.
The CEP shall have
the following mandates, responsibilities, authority, and guarantees:2/
a.
To organize, at
the end of 2002, elections to replace members of Parliament who were elected on
May 21, 2000.
b.
To organize, at
the end of 2002, elections for the territorial communities. The indirect elections are conducted after
those of the territorial communities.
c.
To name the
executive officers of the CEP, charged with carrying out its decisions.
d.
To review the
qualification of the CEP staff to verify that they meet the requirements of
professionalism, expertise, impartiality, and fairness. If necessary, the CEP may name new staff
possessing those qualities.
e.
The CEP shall
receive full financial and technical support from the Government of Haiti to
ensure its autonomy and its ability to fulfill its duties without
interference. In addition, the
Government shall take all the necessary decisions and measures to guarantee the
security and protect the autonomy of the CEP members, of its staff and
advisers, of the candidates, of political militants, and of citizens, so that
they may fully exercise their political rights throughout the national
territory.
f.
The CEP may
request and receive logistical, technical, and financial assistance from the
international community through the state.
2. The
establishment of an environment conducive to the expression of political
preferences and permitting free elections
We agree to take
all measures that will increase confidence and respect among the political
parties and the Government.
The Police in
particular should exercise the greatest prudence and care to perform their
functions in an impartial, neutral, and just manner. The Provisional Electoral Council (CEP) shall have the authority
to monitor the National Police to see that they are performing their functions
in an impartial, neutral, and just manner.
To that end, the CEP shall devise a means of supporting this monitoring
function, after consultations with the political parties, civil society, and
the churches.
Through that
mechanism, and through its Electoral Guarantees Committee, the CEP shall
receive complaints and requests from political parties, candidates, and
citizens concerning National Police operations in connection with the electoral
process. Also, the mission of the
Inter-American Commission on Human Rights and the Electoral Observation Mission
may report to the CEP any shortcomings they may have observed.
The CEP shall have
the right to submit recommendations on corrective measures to the Superior
National Police Council (CSPN).
Likewise, it may communicate with the Government of the Republic to
present recommendations for resolving problems it has identified. The recommendations of the CEP may include
specific proposed deadlines for their implementation. The CSPN shall take all necessary measures to address the
recommendations of the CEP with the greatest diligence, so as to ensure the
maintenance of an environment conducive to the success of the campaign, the
election, and the post-electoral activities.
The Superior
National Police Council shall ensure that there is no interference with the
recruitment, work, and professional conduct of the Police.
The Government of
Haiti shall invite a mission of the Inter-American Commission on Human Rights
to monitor the observance of human rights.
The Government of
Haiti will also ask the OAS and CARICOM to send an electoral observation
mission (EOM) to be present throughout the election process. The EOM will provide
the CEP with technical assistance and verify the existence of all the
conditions needed to guarantee free, transparent, and fair elections that allow
citizens to express their political preferences freely, in an atmosphere free
from intimidation.
The Government of
Haiti will request technical assistance for the National Police to help with
the preparation and implementation of security plans.
The CEP
establishes an Electoral Guarantees Committee (EGC) to:
·
Strengthen the
participation and trust of citizens, institutions, candidates, and political
parties in the election process.
·
Help the CEP
gather, analyze, and process complaints by candidates or citizens with respect
to the electoral process.
·
The EGC will
comprise, inter alia, representatives
of electoral observations missions, of a national coordination body formed on
the basis of experience with coordinating electoral observation in Haiti, and
of civil society organizations. The OAS/CARICOM mission will participate as a
witness.
·
The EGC will be
run jointly by eminent persons appointed by the Conference of Bishops and the
Protestant Federation of Haiti under the supervision of the President of the
CEP.
III.
Furtherance
of national dialogue aimed at reaching a political agreement that will
strengthen democracy and observance of human rights and promote economic and
social progress.
We are willing to
undertake, within 30 days of the signing of this agreement and with the backing
of the Government of Haiti and the OAS-CARICOM mission, a dialogue among political
parties and civil society organizations aimed at devising and reaching a
political agreement on the following issues:
a.
Security for
citizens, a justice system, and a police system, including the establishment of
civilian authorities to oversee the police.
b.
Consolidation
of democracy and of opportunities for participation, including the
strengthening of political parties as social institutions.
c.
Human rights.
d.
Economic and
social development.
e.
Governance and
transparency.
IV. Arrangements for the appointment of the
members of the CEP
We agree to the
President of the Republic appointing members of the CEP proposed by the
following institutions:
·
1
representative of Fanmi Lavalas
·
1
representative of Convergence Démocratique
·
1
representative of the other political parties
·
1
representative of the Conference of Bishops
·
1
representative of reformist sects coordinated by the Protestant Federation of
Haiti
·
1
representative of the Episcopal Church
·
1
representative of the Judiciary
·
1
representative of employers’ organizations coordinated by the Haitian Chamber
of Commerce and Industry (CCIH)
·
1
representative of human rights organizations coordinated by Justice and Peace.
In the event that
an organization or sector fails to make a choice by the appointed deadline, the
Conference of Bishops, the Protestant Federation of Haiti, the Episcopal
Church, the Judiciary, and the coordinator for human rights organizations will
jointly fill the gap.
Should a member of
the CEP resign or be disqualified or unable to exercise his or her functions,
he or she will be replaced by the same body that made the appointment.
As contemplated in
Chapter I, each of the members should be respected and trusted by all citizens.
Before they are appointed, consultations should be held among the undersigned
regarding proposed appointees in order to check that they have the necessary
qualifications.
V. Provisions regarding international
cooperation
We also agree to
asking the Secretary General of the OAS to strive, together with member states
and CARICOM, to restore normal relations between Haiti and the international
community, including international financial organizations, inasmuch as
progress is made in implementing this political agreement, in order to achieve
a lasting solution to the crisis triggered by the elections of May 21, 2000 and
to help foster the economic and social development of Haiti.
Signed at Port au Prince, on
Fanmi Lavalas Convergence
Démocratique
WITNESSES:
Conference of Bishops
Federation of Protestant Churches of Haiti
Initiative de la Société Civile
Fondation Nouvelle Haiti
Chamber of Commerce and Industry
Center for Free Enterprise and Democracy
Organization of American States
Caribbean Community
European Union
Dean of the Diplomatic Corps
United States of America
Canada
France
Dominican Republic
Chile
Seen and approved by the Government of Haiti
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OAS Special Mission to Haiti |
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Appendix E |
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NOTE: |
This draft budget provides for an OAS
Mission composed of 15 Technical Staff, plus appropriate support staff, |
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along with operational necessities, but no
program funds, nor funds for the activities of the IACHR. |
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Month 1 |
Month 2 |
Month 3 |
Month 4 |
Month 5 |
Month 6 |
Month 7 |
Month 8 |
Month 9 |
Month 10 |
Month 11 |
Month 12 |
Sub-Total |
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1.
International Contracts: |
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Chief of Mission |
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8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
8,000 |
96,000 |
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Deputy Chief of Mission |
|
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
6,750 |
81,000 |
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Senior Human Rights Specialist |
|
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Senior Human Rights Specialist |
|
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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|
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Senior Justice Specialist |
|
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Senior Justice Specialist |
|
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Justice Specialist |
|
|
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
57,000 |
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Senior Governance Specialist (democracy) |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Senior Governance Specialist (democracy) |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Senior Security Specialist |
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5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Senior Security Specialist |
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5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
5,750 |
69,000 |
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Security Specialist |
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4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
57,000 |
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Security Specialist |
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4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
4,750 |
57,000 |
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Administrative Officer |
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3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
45,000 |
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Executive Assistant |
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3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
3,750 |
45,000 |
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Administrative Assistant |
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3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
3,000 |
36,000 |
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Health Insurance |
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11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
11,250 |
135,000 |
||
|
Life Insurance |
|
|
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
48,000 |
||
|
Social Security |
|
|
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
12,825 |
153,900 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Consulting Services |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
International Technical Consultants |
90000 |
|
|
90000 |
|
|
90000 |
|
|
90000 |
|
|
360,000 |
||||
|
Haitian Technical Consultants |
|
100000 |
|
|
100000 |
|
|
100000 |
|
|
100000 |
|
|
400,000 |
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3.
International Travel/Per Diem |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Travel for Secretary General, ASG, and
Advisors |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
3000 |
36,000 |
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Chief of Mission |
|
|
1500 |
|
|
1500 |
|
|
1500 |
|
|
1500 |
|
1500 |
7,500 |
||
|
Deputy Chief of Mission |
|
1000 |
|
|
1000 |
|
|
1000 |
|
|
1000 |
|
1000 |
5,000 |
|||
|
13 Specialists |
|
|
13000 |
|
|
|
|
|
13000 |
|
|
|
|
13000 |
39,000 |
||
|
Admin Asst. |
|
|
1000 |
|
|
|
|
|
1000 |
|
|
|
|
1000 |
3,000 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4.
Local Staff |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Four (4) Drivers @ $650/month: |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
2600 |
31,200 |
||||
|
Three (3) Secretaries @ $1,200/month |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
3600 |
43,200 |
||||
|
Two (2) Security Guards @ $850/month |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
1700 |
20,400 |
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5.
Local Transportation |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Purchase of Four (4) Vehicles |
|
80000 |
|
|
|
|
|
|
|
|
|
|
|
80,000 |
|||
|
Fuel |
|
|
|
800 |
800 |
800 |
800 |
800 |
800 |
800 |
800 |
800 |
800 |
800 |
800 |
9,600 |
|
|
Vehicle Maintenance |
|
|
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
6,000 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6.
Communications |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Telephone/fax |
|
|
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
6,000 |
||
|
Courier |
|
|
|
3000 |
|
|
|
|
|
|
|
|
|
|
|
3,000 |
|
|
Cellular |
|
|
|
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
1200 |
14,400 |
|
|
Internet/email |
|
|
3000 |
|
|
|
|
|
|
|
|
|
|
|
3,000 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7.
Equipment Purchase/Rental |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Purchase of 18 computers (@ $1500 each) |
27000 |
|
|
|
|
|
|
|
|
|
|
|
27,000 |
||||
|
Purchase of Software |
|
9000 |
|
|
|
|
|
|
|
|
|
|
|
9,000 |
|||
|
Purchase of 4 printers |
|
2000 |
|
|
|
|
|
|
|
|
|
|
|
2,000 |
|||
|
Purchase of 1 scanner |
|
400 |
|
|
|
|
|
|
|
|
|
|
|
400 |
|||
|
Purchase of 2 photocopiers |
|
4000 |
|
|
|
|
|
|
|
|
|
|
|
4,000 |
|||
|
Purchase of 18 cellular phones (@ $200
each) |
3600 |
|
|
|
|
|
|
|
|
|
|
|
3,600 |
||||
|
Equipment insurance |
|
|
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
2,400 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8.
Office Rental and Maintenance |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rental of Office in Port-au-Prince |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
4000 |
48,000 |
||||
|
Utilities |
|
|
|
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
6,000 |
|
|
Office Supplies |
|
|
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
2,400 |
||
|
Purchase of Generator |
|
20000 |
|
|
|
|
|
|
|
|
|
|
|
20,000 |
|||
|
Fuel |
|
|
|
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
6,000 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9.
Documents and Reports |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document production |
|
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
200 |
2,400 |
|||
|
Document translation |
|
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
500 |
6,000 |
|||
|
Interpretation |
|
|
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
1000 |
12,000 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
10.
Administrative Overhead |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Headquarters Administrative Overhead (10%
of total) |
|
|
|
|
|
|
|
|
|
|
|
258,140 |
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2,839,540 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
This draft budget does not include
programme funds for the areas contemplated by the mission, ie. Human rights,
administration of justice, governance, and security., |
|
||||||||||||||||
|
or for the activities of the Inter-American
Commission on Human Rights |
|
|
|
|
|
|
|
|
|
|
|||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Appendix F
OFFERS OF SUPPORT FROM MEMBER
STATES,
PERMANENT OBSERVERS AND INTERNATIONAL ORGANIZATIONS TO THE SPECIAL OAS MISSION
TO HAITI
AS OF 30 MARCH 2002
Argentina Interested
in contributing
Barbados $5,000
Canada Considering support
to the Mission
Chile Interested in
contributing
El Salvador Interested
in contributing
Haiti $25,000 pledged
Mexico Interested in
contributing
Nicaragua $3,000
Peru Interested in
contributing
United States $500,000
received
Permanent Observers
France $140,000 initially,
for programs plus experts
Germany Interested in
contributing
Italy $17,000 in
computer equipment received
Korea 1 vehicle and 2
computers received
Norway $57,000 pledged
Spain $70,000 pledged
United Kingdom Pounds
Sterling 10,000 received
International Organizations
CARICOM Considering support to the
Mission
World Bank Willing
to support programs of the Special Mission
Inter-American Development Bank Willing to support programs of the
Special Mission
APPENDIX II
CONTRIBUTIONS TO THE SPECIAL OAS MISSION TO
STRENGTHEN DEMOCRACY IN HAITI
CONTRIBUTIONS
RECEIVED |
|||||
|
|
||||
ANTIGUA ANDBARBUDA |
$ 1
000,00 |
||||
BAHAMAS |
$ 5
000,00 |
||||
CP09927E01.DOC CP09927E01.DOC |
$ 5
000,00 |
||||
NICARAGUA |
$ 3
000,00 |
||||
NORWAY |
$ 58 365,75 |
||||
ASG00239F05 |
$ 14 268,00 |
||||
UNITED STATES |
$500 000,00 |
||||
SPAIN |
$
70 000,00 |
||||
ITALY |
$ 16 724,00 (In the form of materials) |
||||
HAÏTI |
$25 000,00 |
||||
TOTAL |
$698 357,00 |
||||
|
|
||||
CONTRIBUTIONS
ANNOUNCED |
|||||
|
|
||||
GERMANY |
88 000,00 |
||||
CANADA |
$500 000,00 (approximately) |
||||
FRANCE |
$140 000,00 (approximately) |
||||
CARICOM |
$
15 000,00 |
CP09945E04
To be added to the above are contributions
that, for the most part, will take the form of program financing and are still
being negotiated with the World Bank, the European Union, and the Inter-American
Development Bank.