14798: Karshan: Feb. 7, 2003 Issue Papers: The Electoral Process (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: MKarshan@aol.com

February 7, 2003 Issue Papers: The Electoral Process

THE ELECTORAL PROCESS

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.

1995 -   Elections were held for president, all seats in the House of
Deputies and ? of the Senate.

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 ? 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

The only institutional flaw identified by the Organization of American States
(OAS) in Haiti's May 21, 2000 legislative elections was the interpretation of
the electoral law adopted by the electoral council to calculate the
percentage of votes obtained by 8 senatorial candidates.  Nowhere in its
electoral report does the OAS suggest that the entire election involving
29,500 candidates vying for close to 7,500 seats be redone, or that there was
widespread fraud or misconduct that would call the election into question.

Indeed, the elections were heralded as a "great success for the Haitian
population."  One observer, U.S. Congressman William Delahunt said, "the
strengths so far have been the lack of violence, the huge level of
participation, [estimated at 60%], and the relaxed atmosphere."  The claim
today that the May 2000 elections were "flawed" or involved "fraud" obscures
the small number of contested elections and the methodological issue at
controversy.  To the great detriment of the Haitian people, the "crisis" that
has developed between the May 21 elections and now has been allowed to spiral
beyond the scope of the OAS electoral report, become a platform to block the
democratic will of the majority of Haitian voters and is the pretext for
preventing the flow of up to $500 million in development loans and assistance
to Haiti.


ACTIONS TAKEN BY PRESIDENT ARISTIDE AND THE GOVERNMENT OF HAITI TO RESOLVE
THE ELECTORAL CONTROVERSY

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.


POSITION MAINTAINED
BY THE CONVERGENCE A
PLATFORM OF OPPOSITION PARTIES

-   The so-called "option zero" -- that President Aristide resign and that
the entire May 2000 legislative elections be re-done.

-   Opposition to President Aristide's repeated and continued calls to
participate in the formation of a new provisional electoral council to
organize early elections.