July 2005

Mission rationale

The Electoral Law of February 3, 2005 (Décret électoral du 3 février 2005) Chapter XIII (articles 203-207) recognizes the role of national and international observers in Haiti's transitional elections, which are scheduled to take place in autumn 2005.

The International Mission for Monitoring Haitian Elections (IMMHE) has been formed to follow the electoral preparations, make informed judgments and build capacity and confidence through the assessment of identified targets and activities.

A primary objective is to establish a performance framework for measuring progress in Haiti's electoral development. The Mission will also be used to provide peer review and advice to the Provisional Electoral Council (CEP); build the capacity of the CEP through the sharing of information, expertise, and best practices; build the confidence of key stakeholders in the electoral process (including political parties, candidates and electors); and provide overall legitimacy for the electoral process.

Background to Mission

Haiti has experienced political instability since the contested legislative and local elections in May 2000. The crisis intensified with an armed insurrection that culminated in the resignation and exile of president Jean-Bertrand Aristide on February 29, 2004.

In May 2004, the Provisional Electoral Council (CEP) was sworn in by a panel of judges. The CEP is responsible for organizing and supervising the forthcoming elections. The CEP has 8 members, representing the various religious, economic and social sectors. A ninth seat remains vacant for the Fanmi Lavalas party.

In April 2004, the United Nations (UN) Security Council established the United Nations Stabilization Mission in Haiti (MINUSTAH) to help ensure a secure and stable environment for the political process in Haiti as well as assist the organization and conduct of the electoral process. The Council also requested that MINUSTAH cooperate and coordinate with the Organization of American States (OAS) and the Caribbean Community (CARICOM) in carrying out its mandate. In November 2004, the UN and the OAS signed a Memorandum of Understanding which sets out the terms and conditions under which they will cooperate and coordinate in order to assist the CEP in its responsibility to organize, monitor and carry out free and fair municipal, parliamentary and presidential elections. The OAS General Secretariat accepted responsibility for conducting voter registration and agreed to serve with MINUSTAH in a "coordinating committee" on electoral matters.

On January 31, 2005, the CEP called for local and regional elections to be held on October 9, with presidential and parliamentary elections to be held on November 13. A second round of presidential and parliamentary elections, where necessary, is scheduled for December 18.

The contested political context in Haiti, combined with the continuing violence and instability pose significant challenges to the CEP, particularly because its members are relatively new to their posts and do not have prior experience in conducting elections. In this light, it will be very important for the CEP to conduct elections that are, and are perceived to be, free, fair, honest and transparent, in order to ensure the legitimacy of the resulting government and enable Haiti to move towards greater stability and democratic development.

Given the unique electoral circumstances in Haiti, in order to regain the confidence of the population and international approval for the 2005 elections, methodological expert monitoring and reporting on the election will be needed. The standards must ensure that the main national and international players have sufficient information to draw their own conclusions about the legitimacy of the process.

Mission overview

This concept involves the organization of an international mission for the Haitian electoral cycle as described in the Electoral Law of February 3, 2005. The electoral events within its mandate include the local and regional elections scheduled for October 9, and the legislative and presidential elections scheduled to take place on November 13 (with a second round of legislative and presidential elections scheduled for December 18 if necessary).

Through expert evaluations and on-site monitoring,¹ the Mission will measure the Haitian electoral process against widely accepted standards and practices.² It will do so through the assessment of pre-identified performance criteria before, during and after each election campaign. The areas of focus would include: the legal framework; voter registration; electoral preparations; voter information and education; equitable access to media; certification of political parties, coalitions and candidates; pre-polling complaint procedures; polling; vote counting and compilation of results; post-election complaints; infractions and enforcement; the enabling environment; drawing of electoral district boundaries; funding of campaign and use of public resources; and fundamental freedoms.

These assessments would be reviewed by the mission's steering committee, which would in turn share its findings with the CEP for feedback. After the results have been reviewed and discussed, a final report on the electoral process would be published. The mission would remain available to provide information and advice to the CEP over the longer period as well.

This concept of electoral evaluation encourages the development of close and cooperative relationships with both international and domestic election observers, but particularly with domestic observers. It is widely recognized that domestic election observers play a crucial role in transitional and developing democracies and their right to participate should be affirmed in both law and practice. In this light, it will be important for the international donor community to ensure that credible, non-partisan domestic election observer groups in Haiti receive both training and sustaining funds.

Mission structure

The mission will be led by a Steering Committee composed of the heads of independent electoral commissions or their representatives. The Steering Committee will select a chair. The Steering Committee will establish an operational platform as required. Additional donor countries for human and financial resources will be identified.

The mission will have staff based in Haiti to provide an ongoing point of contact and to provide continuity throughout the electoral cycle. Election specialists will be deployed as required. Using such an assessment model, the mission can be a source of verification of the Haitian electoral process from a broad, multilateral perspective. The mission can also make recommendations on capacity building and for long-term improvements in the electoral process.

There will be three forms of reporting from the mission. First, the specialists will develop periodic activity reports. Second, there will be delegation reports that are developed and distributed both to the electoral commission and to the public. And third, the final accounting of the mission can be formally reported to the CEP, the voters of Haiti, and the international community.

¹ Long-term and short-term observers will be deployed as required and as financing permits.

² Notable examples include the guidelines, manuals and handbooks published by: the Organization of American States; the Organization for Security and Co-operation in Europe – Office for Democratic Institutions and Human Rights (OSCE-ODIHR); the Council of Europe and the European Commission for Democracy through Law (the Venice Commission); the Commonwealth Secretariat; International IDEA; and IFES.