Communication from the Commissionon the opening of consultations with Haiti under article 366a of the Lomé Convention
Date: 2000-07-25
Institutions: European Commission
Subjects: Haiti, Lomé Convention, democracy, election, fact-finding mission

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.07.2000
COM(2000) 486 final

COMMUNICATION FROM THE COMMISSION

on the opening of consultations with Haiti under article 366a of the Lomé Convention

COMMUNICATION FROM THE COMMISSION

on the opening of consultations with Haiti under article 366a of the Lomé Convention

Since the resignation of Rosny Smarth's government in June 1997, Haiti has been in a state of
institutional crisis that could only be remedied by holding democratic elections.

Following several postponements, the first round of the general election was eventually held
on 21 May 2000, with the goal of choosing 19 senators, 83 members of parliament, 133
mayors and 7124 local assembly members.

The international community, with the agreement of the Haitian authorities, called in the
Organisation of American States (OAS) to observe the elections. OAS observers were backed
up by other observers from various countries and international organisations (the US, Canada,
Spain and the countries of the Francophonie), and a network of Haitian observers was set up
(the Conseil national d'observation des élections (CNO)).

The first round was calm (bar a few isolated incidents) and the turnout was high. The partial
and provisional results released by the Conseil Electoral Provisoire (Provisional Electoral
Council - CEP) on 29 May indicated an overall victory for former president Jean-Bertrand
Aristide's La Fanmi Lavalas, particularly in the Senate, where it appeared to have won 16 of
the 17 posts.

An OAS communiqué of 24 May stated "overall, the vote has gone well, (despite) a number
of serious irregularities.......... in most cases they will not ...... have a significant influence
over the outcome of the vote."

The opposition parties lodged a number of appeals with the CEP on grounds of fraud.

On 2 June, the head of the OAS Electoral Observation Mission, Orlando Marville, wrote to
the chairman of the CEP to draw his attention to the fact that the method used to calculate the
vote percentages for Senate candidates violated both the Electoral Law and the Constitution.
The Haitian authorities interpreted this as "interference". On 14 June, the United Nations
Secretary-General called on the CEP to adhere to the OAS's recommendations and to the
Electoral Law.

On 18 June, following the resignation of two of the CEP's nine members, its chairman, Léon
Manus, fled to the US and condemned the pressure and threats aimed at him for publishing
the results as they stood, even without taking account of the OAS's comments. He asserted
that only five (and not 16) Fanmi Lavalas senators had been selected directly in the first round
under the terms of the Electoral Law. The remaining six members of the CEP still officially
announced the results, unchanged.

The international community (the US, Canada, France and the EU) roundly condemned the
method used, and demanded a recount (the results would only be considered official when
published in the official gazette). The various organisations representing Haitian society (the
Réseau Civique National - RCN, the conference of bishops, the protestant federation and the
association of Haitian industrialists) took the same view.

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The opposition parties, having formed a "convergence group", confirmed that they would not
in the second round, although some sources reported that a number of
be taking part
candidates might stand on their own. At a meeting with the diplomatic corps on 26 June,
President Préval said that he was adhering to his decision not to alter the results of the first
round and to proceed with the second round on 9 July.

On 7 July, the OAS Electoral Observation Mission published a communiqué stating that the
OAS would not be observing the second round because the results announced by the CEP
were incorrect. The OAS considered that "the results are biased and had a major impact on
the number of senatorial candidates elected in the first round, and thus cannot be the basis
for a credible and fair electoral process."

Despite the withdrawal of the OAS and Haitian observers (RCNO), the second round was
held on 9 July, with reports of a low turnout.

In a statement published on 12 March,
the
postponement of the elections, stressing that only if elections took place and maintained
credibility could "European aid continue to be provided in full". In a resolution issued at its
meeting on 20-23 March, the ACP-EU Joint Assembly also expressed its concern at the delay
to the elections and emphasised the importance of setting up democratic institutions.

the EU had expressed its misgivings at

These fears were confirmed by the lack of credibility of the electoral process and the failure to
comply with the democratic principles and the rule of law, as set out in Article 5 of the Lomé
Convention.

In the light of the above, and pursuant to Articles 5 and 366a of the Lomé Convention, the
Commission is proposing to the Council that the ACP country involved be invited to take part
in consultations, in accordance with the terms of the attached letter, to assess the situation in
detail and, if necessary, remedy it.

The aim of the consultations is to underline the importance attached by the European Union to
respecting the essential elements referred to in Article 5 of the Lomé Convention and to
ascertain Haiti's intentions regarding compliance with these provisions.

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ANNEX

Brussels,

Sir,

In an announcement made on 7 July, the OAS Electoral Observation Mission condemned the
violation of Haiti's Electoral Law during the calculation of the results of the first round of the
country's general election, and took the view that those results could not be the basis for a
credible and fair electoral process. The European Union regrets the Provisional Electoral
Council's refusal
threaten the legitimacy of the
institutions the elections are intended to set up.

to acknowledge this error, which will

In the light of the provisions on respecting the rule of law and democratic principles contained
in Article 5 of the Lomé Convention, and pursuant to Article 366a of the Convention, we have
the honour to invite Haiti to enter into consultations with a view to assessing the situation in
detail and, if necessary, remedying it.

We suggest that these consultations take place on ....... in Brussels at the premises of the
Council of the European Union.

Please accept, Sir, the assurance of our highest consideration.

for the Council

for the Commission

Copies :

the Chairman of the ACP Committee of Ambassadors

the Ambassador of Haiti to the European Union

the Secretary-General of the ACP Group of States

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