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 21^st 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 spiraled 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. 

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 meeting 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 9 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, 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.

·         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.  

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