14819: Karshan: Feb. 7, 2003 Issue Paper: The OAS & Its Role in the Resolution of the Political (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: MKarshan@aol.com

February 7, 2003 Issue Papers:  The OAS and Its Role in the Resolution of the
Political Crisis

THE OAS AND ITS
ROLE IN THE RESOLUTION
OF THE POLITICAL CRISIS

OAS INITIAL INVOLVEMENT

The Organization of American States (OAS) served as election monitors for the
May 2000, parliamentary and local elections.  The OAS Final Report of the
Electoral Observation Mission states that, "May 21st was a major success for
the Haitian population who went to the polls in massive numbers to choose
local and national elected officials."  Voting took place in an atmosphere of
calm with a high voter turnout of 60%, for a record of 7,500 races involving
29,500 candidates.  The only systematic flaw identified at the time by the
OAS was the interpretation of the electoral law to calculate the percentage
of votes obtained by eight senators in the first round.  This issue has
spiralled into the "electoral crisis," which endures despite the re-election
or resignation of these contested senators, the voluntary shortening of the
terms of all remaining parliamentarians and the willingness to hold early
elections for these posts in 2003.  The "crisis" is blocking the flow of up
to $500 million in development loans and assistance to Haiti.


THE "CRISIS"

The losing opposition parties in the May 2000 elections formed a coalition
known as Convergence.  Convergence continues to contest the results of the
elections despite the fact that the contested senators elected in May 2000
have resigned, and the Government of Haiti (GOH) agreed to early elections in
2003.  The countless and unreasonable demands of Convergence, including the
resignation of the democratically elected President, have hindered an
agreement on a way forward. The OAS has been involved in negotiating a
political accord, between the GOH, Convergence, and the majority Fanmi
Lavalas party since after the re-election of President Aristide in November
2000.  This accord was said to be an essential condition to lifting the aid
embargo against Haiti and proceeding with elections. Countless OAS missions
have come to Haiti to meet and mediate with the parties without success.


OAS RESOLUTION 822
A WAY FORWARD FROM THE CRISIS

As no political accord had yet been reached, on September 4, 2002, the OAS
passed by consensus Resolution 822.  Resolution 822 officially de-links the
political accord from the resumption of assistance to Haiti and to the
organization of elections.  The creation of the 9-person provisional
electoral council (CEP) within 2 months, became the mandatory first step in
the electoral process.  As had been previously agreed upon in an accord,
Convergence, five sectors of Haiti's civil society, Fanmi Lavalas, other
political parties and the Haitian judiciary, were each to designate a
representative to this CEP.

Under Resolution 822, the OAS Special Mission (in Haiti since March 2002) has
an important role in accompanying the GOH in fulfilling additional terms of
the resolution which include, strengthening the police and judiciary,
increasing disarmament efforts, investigating events surrounding the December
17, 2001 attack on the National Palace and the violence that followed,
reparations for victims of that violence, and prosecuting all politically
motivated crimes. The OAS member nations were to do their part in working
towards the resumption of international financial assistance.


THE CEP PROCESS
REMAINS BLOCKED

·   The GOH has done all within its power to abide by the Resolution, taking
all necessary steps for the formation of the CEP, however the process remains
blocked.

·   To initiate the nomination process, President Aristide wrote to all nine
sectors requesting their nominees to the CEP.

·   Several meetings were held with what has been termed the "Group of Five,"
the Catholic Bishop's Conference, the Federation Protestante d'Haiti (one
sector of Protestant churches), the Episcopal Church, the Justice and Peace
Commission, and the Chamber of Commerce.


·   The judiciary, Fanmi Lavalas, a coalition of opposition parties, and a
different sector of Protestant churches all nominated representatives to the
CEP by November 4, 2002.  The Convergence and another group of opposition
parties refused to participate in the formation of the CEP.

·   The Group of Five requested a two-week delay, withholding their nominees
to the CEP until: a) the GOH and the OAS had negotiated the Terms of
Reference for the technical cooperation in the areas of police
professionalization, electoral security and disarmament, organization of
elections; b) the Haitian government had shown concrete progress in its
disarmament program by addressing its concerns over the weapons carried by
civilian security guards of elected officials; and c) reparations paid to
OPL, a political party member of Convergence.

·   On November 14, President Aristide issued a declaration requiring
legislators and local elected officials to limit themselves to handguns for
personal defense, eliminating the use of heavy weapons.  Terms of Reference
were negotiated and signed with the OAS with respect to assistance relating
to elections, electoral security, professionalization of the police and
disarmament, prior to the end of the two-week extension date.

·   Notwithstanding, the government's compliance with these three conditions,
when the Group of Five subsequently submitted its representatives to the CEP,
it conditioned the participation of these representatives in the formation of
the CEP on yet further conditions.  Now the group has joined with Convergence
and other political parties claiming that "country conditions" and the level
of security, are not appropriate for conducting elections.

·   January 30, the Minister of Foreign Affairs called a meeting of the nine
naming sectors for an update on the process.  Six groups participated, while
another was unable to attend.  Convergence and other political parties were
absent, still refusing to participate in the process.

·   February 5, the President convened a meeting with the head of the OAS
Special Mission, Ambassador David Lee and the nine naming sectors.
Convergence and the other political parties were absent.  In the meeting the
President urged all groups to go forward with the CEP.

·   On February 7, 2003, the President published a decree naming seven of the
nine members of the new CEP.  Convergence and the other political parties of
the opposition continue to refuse to participate in the process and did not
submit candidates to the CEP, leaving two vacant seats.  A previous accord
provides a mechanism for filling such vacancies on the CEP, though this
replacement process has not yet been put in effect.  The named members,
however, will not assume their duties until the Cour de Cassation, Haiti's
highest court, swears them in.  The nominating sectors have not yet agreed
when they will allow their nominee to take the oath office.  This may be
another unfortunate delay in the process toward early elections in 2003.

·   The Special Representative of the OAS in Haiti, David Lee, reiterated,
during the process toward the formation of the CEP, that the regional body
remains attached to Resolution 822, which foresee early legislative elections
this year.


REPARATIONS FOR VICTIMS OF
DECEMBER 17, 2001 IS COMPLETE

·   Despite reduced resources, the GOH has made payments of approximately
$2.2 million dollars to political parties belonging to the Convergence that
have claimed damages from violence surrounding the December 17, 2001 events.

·   A fund of approximately $2.6 million has been set aside for other victims.

·   The GOH settled a claim with the French Institute for $105,000.


DISARMAMENT

The GOH has pursued disarmament aggressively for the last several months.
Its multi-phase effort has involved a gun buy-back program and concentrated
searches of cars and homes.  The OAS Special Mission convened a three-day
conference with national officials and international experts to help improve
the disarmament program.  On November 14, President Aristide issued a
declaration requiring legislators and local elected officials to limit
themselves to handguns for personal defense, eliminating the use of heavy
weapons.