Statement by SRSG Denneth Modeste to the Permanent Council on the
Proposed Work Plan of the OAS Special Mission for Strengthening Democracy in Haiti, July 2004 - June 2005

5 August 2004

Madam Chairperson,

Thank you for giving me the opportunity to address the Permanent Council today.

In accordance with relevant General Assembly and Permanent Council Resolutions, the Special Mission has been “helping the Government of Haiti in the development and strengthening of its democratic processes and institutions” since its deployment in April 2002.  It has contributed to the development by the OAS of a number of achievements that are indispensable in the ongoing efforts to strengthen democracy in Haiti. On July 20, I cited the following assets to the International Donors Conference on Haiti, which was held here in Washington DC:

·         A dialogue process that brought together, for the first time in the country’s recent history, all the key sectors and stakeholders in Haitian society to discuss issues in the national interest.

·         A consensual formula, through that process, to constitute a credible Provisional Electoral Council with attributes that will allow it to create an enabling environment for free fair and transparent elections.

·         Assumption by the State of responsibility to compensate victims of politically-motivated crimes committed in December 2001.

·         Investigation of those crimes by an independent, International Commission of Inquiry which submitted a numbers of significant recommendations to improve observance of human rights in Haiti.

·         A framework for police professionalization and support, codified in terms of reference negotiated with the previous government. The terms if reference now serve as a basis for the development of a professional police force.

·         A transitional process that provided for transparency and inclusion, beginning with the establishment of the Tripartite Council.

These achievements, or “aquis” as they are referred to in Haiti contributed critically to the development of political and institutional order in the wake of the sudden events of February 29, 2004.  The Special Mission has continued to carry out its activities according to its mandate, but has been mindful of the fact that a new focus needs to be defined for these activities. This is particularly true in view of the deployment, on 1 June, of the first elements of the United Nations Stabilization Mission in Haiti (MINUSTAH).

 Despite the gradual deployment of MINUSTAH, the transitional government, members of the international community, political parties and civil society groups have expressed the need for continuing support from the OAS, in view of its importance as a regional organization and also because of the accumulated experience gained through the Special Mission, which played the leading political role within the international community in Haiti, for the past two years.  The Special Mission’s overall experience and significant knowledge of the situation in Haiti and its main actors should not be lost but, to the contrary, should be utilized by the OAS and by the international community in its coordinated efforts for continuing engagement in Haiti.

 On 8 June the General Assembly adopted Resolution AG/RES.2058, reaffirming support for the work of the Special Mission in the “revitalization of democratic institutions in the areas of security, justice, human rights and democratic governance.”  Whereas the current mandate concerns activities related to the “monitoring” of events in Haiti, the new mandate will retain its overarching objective of “helping the Government of Haiti in the strengthening of its democratic processes and institutions”, the approach will be more proactive and focused on a targeted number of institutions.” Pursuant to Resolution 2058, and taking into account the main needs of the democratic process in the new political period in Haiti, the Special Mission presents for consideration this 12-month work plan proposal, covering six main areas:  

1           Human rights, focusing on institution building;

2           Professionalization of the Haitian National Police;

3           Strengthening of Political Parties;

4           Governance (including decentralization and public administration);

5           Justice/rule of law, through the strengthening of State institutions;

6           Elections;
 

The main objectives and activities to be carried out by the Special Mission will be the following:

 Human Rights

The primary objective will be to strengthen the capacity of State institutions and local human rights NGOs (including women organizations, vulnerable groups and those working in the field of conflict resolution). The promotion and protection of human rights, including advocacy activities, will also be an integral part of the work of the Pillar. Special attention will be paid to reinforcing regular working contacts between national State institutions and NGOs and the Inter-American Commission on Human Rights. The programs envisaged in this area will be principally financed by the European Union, through a E500,000 contribution to the Special Mission. The EU delegation in Haiti has shown a strong interest in strengthening the capacity of State-institutions and local NGOs.

 Professionalization of the Haitian National Police (HNP)

The establishment of a secure environment was a central political objective of the Special Mission before February 29, 2004.  Since that date, and in the light of the deployment of MINUSTAH, the focus has shifted to the strengthening of a number of institutions more directly related to the electoral process.

 In the context of the upcoming elections, the inalienable and inviolable principle of consent is predicated on the cessation of violence. The Haitian National Police will have to contribute to the consolidation of a climate of peace and security in the country.

 To achieve this objective it is necessary to create a professional and depoliticized force, consistent with the rule of law and constitutional and elected government.

 The Special Mission is contributing to this endeavour by assigning six police advisors to support the Haitian National Police in a vetting project to screen new recruits, existing police and former military who wish to be considered for the police, to exclude from the institution, anyone with a background of human rights violations or criminal activities.

In addition, the Special Mission’s technical advisor to the Director General of the HNP continues to serve in that capacity.  The Director General of the Haitian National Police (HNP) has repeatedly requested the retention of the OAS Technical Adviser, who has worked closely with the HNP over the years and has profound knowledge of the institution.  The OAS Technical Adviser was central to the development by the Special Mission of the comprehensive plans on police professionalization, which information will be of considerable assistance to the UN efforts to professionalize the police.  The DG and senior staff rely heavily on the extensive proven expertise of the OAS Technical Adviser.

 Political Parties

Political parties are a hallmark of democratic government. Haiti has approximately sixty registered parties. Too many are institutionally weak in their membership levels, revenues, staff and membership services. Most lack clearly defined goals, objectives and strategies and policy matters are controlled by the leadership rather than generated by the membership.

 This is another area in which the Special Mission’s accumulated experience and extensive knowledge of the political situation and its main actors will be crucial for the advancement of future activities. The Political Affairs Pillar will be responsible for supervising and coordinating a Political Party Strengthening project, with the objective of strengthening the capacity and organization of Haiti’s main political parties and facilitate regional political party participation in the electoral process. This will be done by setting up regional “political party support offices” in the country’s eleven electoral districts.

 Decentralization

The Haitian Constitution makes provisions for the organization and structure of local administration, but in practice, public administration remains highly centralized in the capital. Effective local institutions need to be created, pursuant to the 1987 Constitution to improve governance and local participation in the political process and to deliver much needed services to the rural population. This is the purpose of the decentralization programs presented in the Special Mission’s work plan. Activities will also include deployment of judicial experts to relevant State institutions, training programs and public information campaigns.

Governance/Public Administration.

The Special Mission is implementing a project for the recruitment of 20 high-level Haitian consultants, some from the Haitian Diaspora, who will provide expertise to different governmental entities, including key Ministries, in order to enhance their capacity to implement public policy. This project is run in close collaboration with the Office of the Prime Minister; an agreement between the OAS and the Government of Haiti was signed on 2 August to launch the program.

 On July 19 - 20, the World Bank, Inter- American Development Bank, the European Union and the United Nations organized an International Donors Conference on Haiti. More than US $1 billion were pledged in assistance for Haiti over the next two years. Addressing the conference, the prime minister of Haiti acknowledged with thanks the critical support being offered by the OAS, because, while the OAS is not a significant aid donor, the twenty consultants provided by the Special Mission will help to strengthen the capacity of the government to absorb this volume of assistance from the international community.

Justice and Rule of Law

The Haitian people need to have confidence in and access to a justice system that is perceived as politically impartial, effective and efficient with personnel who are considered above reproach, of impeccable character and integrity. Correcting the deficiencies of the Haitian judiciary is an immense undertaking. The Special Mission’s limited intervention in this area is aimed at improving the administration of justice to provide a foundation for future reforms.  Activities will include:

·         Technical assistance, consultations and training to update and/or adopt key legislation;

·         Technical assistance to a new unit within the Ministry of Justice mandated with researching, compiling, restoring and recording documents within the archives of the Ministry;

·         Implementation of new training on substantive areas in criminal and judicial investigations.

Electoral process and Institutional-Strengthening

The problems of Haiti are not amenable to a military fix. Free, fair, honest, transparent and democratic elections will contribute immensely to a resolution of those thorny problems which beset the country.

 The OAS rejected the deficient elections of May 2000 in Haiti and led a process of dialogue which produced a consensual formula to constitute a credible electoral council. The Special Mission has the advantage of familiarity with the key institutions, political entities and personalities in Haiti. It is well-placed to facilitate the pivotal role which the OAS is expected to play in the elections scheduled to be held in 2005.

 As a follow-up to the request made by the Prime Minister of the transitional government, the Assistant Secretary General dispatched an OAS electoral assessment mission to Haiti, which conducted a visit from 9-16 June. Special Mission staff briefed and accompanied the mission throughout the visit which included meetings with members of the Provisional Electoral Council (CEP) and the UN electoral assessment mission (conducted during the same period).  Negotiations are still ongoing between the two organizations for the signing of a Memorandum of Understanding which will define the modalities of cooperation in the electoral process.

 While the exact modalities of cooperation are yet to be defined, the work plan foresees a project intended to support and complement the OAS activities related to the electoral process, by facilitating the implementation of effective legal procedures and mechanisms related to electoral activities in the period prior, during and after the 2005 elections. Activities will be aimed at strengthening legal institutions relevant to the electoral process in specific fields of law, in particular constitutional law, administrative law and criminal law.

The OAS electoral effort in Haiti will be a separate project from the activities and work of the Special Mission and will be directed by Santiago Murray, an accomplished hemispheric electoral expert.

By reaffirming the mandate of the Special Mission, the Permanent Council will also be confirming the long-term engagement that the international community as a whole, pledged through the international donors conference. Much needs to be done to achieve the consolidation of the democratic process in Haiti. Give us the tools and we will do the job.

 Thank you Madam Chairperson.