February 7, 2003

HISTORICAL CONTEXT

1987    The first elections under Haiti’s new post-dictatorship Constitution, in November 1987, were aborted by a military/paramilitary massacre at voting polls in  Port-au-Prince.

1990    Three years later, December 16, 1990, Haiti organized its first free and fair elections. Parish priest Jean-Bertrand Aristide was elected president with an overwhelming 67% of the vote among a field of 13 candidates.

1997    Elections were held for the remaining third of the Senate, for the House of Deputies, local mayors and local councils.

2000    In May 2000, a record amount of candidates (29,500) competed for a record number of seats (7,500), legislative and local. A record number of citizens registered (almost 4 million) to vote, and a record number (over 60% of those registered) voted. Six months later, November 26, 2000, elections were held for ⅓ of the Senate and President. From a field of 7 candidates, Jean-Bertrand Aristide was elected with 92% of the vote.

Controversy Surrounding May 21, 2000 Local and Legislative Elections

Although the controversy surrounding the seven senatorial seats occurred in an election prior to President Aristide’s presidency, he has taken the following action to resolve the crisis:

-        In July 2001, at President Aristide’s urging seven of the senators whose first round victories were questioned, submitted in writing their unequivocal resignations from the senate. (The controversy surrounding the eighth senator was mooted by his reelection).

-        All remaining senators elected on May 21, 2000 agreed to reduce their terms by two years.

-    All the deputies elected on May 21, 2000 agreed to reduce their terms in half.

-     President Aristide secured the resignation of all 9 members of the provisional electoral council to make way for a broad-based council with representation from the political parties of the opposition.

-     President Aristide has declared 2003 an electoral year and has repeatedly met with the opposition to urge their participation in the elections and in the creation of a provisional electoral council.

-     On February 7, 2002, 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.