International Mission for Monitoring Haitian Elections (IMMHE)

Interim Report as of October 27, 2005

Introduction

Founded by the independent electoral commissions of eight countries, the International Mission for Monitoring Haitian Elections (IMMHE) is currently working in Haiti following accreditation by the Provisional Electoral Council (CEP).¹ The IMMHE is drawing on reports from observers in the field and evaluations by expert assessors who are examining 15 aspects of the electoral process for the 2005 elections in Haiti.² This interim report draws on preliminary assessments of voter registration, the legal framework, and electoral preparations for the pending elections, which were considered by the IMMHE Steering Committee at its October 5–6, 2005, meeting in Port-au-Prince. Prior to releasing it, the IMMHE provided a draft version of this report to the CEP. The report was finalized on October 27, 2005, and is available on the IMMHE Web site.

Voter Registration

The IMMHE examined the establishment and application of the registration process on the basis of the following principles:

• recognition of the right to vote in the Universal Declaration of Human Rights
  
  
• individual, free, secret, direct, equal, personal and non-transferable vote
  
  
• elector eligibility determined by membership in the national community and voting age
  
  
• assurance of the equality and efficacy of each vote
  
  
• integrity and transparency of the electoral process
  
  
• encouragement of voter registration and voter turnout

The registration of voters is a significant aspect of the electoral process both in terms of its importance and the resources it requires. The IMMHE noted important steps taken by the CEP and the OAS to ensure the seriousness and effectiveness of voter registration. While mass registration closed on September 30, 2005, selective registration continued until October 15, 2005, allowing for registration in several communal sections and under-covered zones. At the time that this report was released, more than 3 million Haitians were officially registered across the country, which represents approximately 70 percent of the estimated 4.4 million eligible voters.³ This percentage compares favourably with the rate of voter registration observed in other countries, including established democracies.

This achievement is particularly noteworthy, given that electoral preparations in Haiti are taking place in conditions that present serious constraints. For example, in order to reach certain villages, registration staff had to transport equipment over mountainous tracks using mules. Voters themselves sometimes had to walk for many hours to reach registration sites. Indeed, the success of the voter registration process thus far attests to the commitment of all those involved.

The IMMHE notes that the numerous extensions made to the registration period contributed to disorganization and confusion about the process. While the extensions ultimately enabled the CEP to register more electors, the timing of announcements extending the voter registration period had the short-term effect of slowing the momentum of voter registration.

A matter for the CEP to consider for the short term is the production and distribution of the National Identification Cards. Combining the National ID Card program with voter registration was a sound idea. It was an important decision by the CEP to create and issue long-lasting ID cards. There are some matters that need immediate special attention by the CEP. It is important to determine specific locations for citizens to bring their receipts in order to pick up their cards, and also to put in place a procedure to vote on election day for electors who have not received their ID cards or have lost their receipts. An advertising campaign is also required to inform electors about the ID card distribution process.

In the longer term, the CEP will need to make necessary arrangements for the ongoing maintenance of the voters list. As the list becomes permanent, efforts by the CEP should be made to ensure its accuracy and to safeguard personal information.

Legal Framework

The IMMHE examined the following pieces of legislation: the Constitution of 1987; the Consensus of Political Transition of April 4, 2005; the Electoral Decree of February 2005; and the Law on political parties of July 1986. Overall, the legislation analyzed provides a satisfactory, albeit incomplete, framework for organizing free and fair elections.

In assessing the legal framework, it is important to note the transitory nature of the CEP and that it is working with a series of laws and procedures inherited from previous administrations.

In this light, there remain aspects of the legal framework that require attention. The CEP should develop regulations to deal with its internal processes in order to address a number of its problems, including: streamlining decision making, resolving conflicts and taking leadership of the electoral process. This would be a positive step for the CEP, and it would contribute to the perception of it as a professional, accountable and reliable electoral management body.

The IMMHE's assessment has identified certain shortcomings in the Electoral Decree, particularly with respect to electoral dispute resolution, political party financing and the role of the media.

1) Electoral dispute resolution

Considering the high volume of contestations, it is advisable that less serious complaints be decided early on by an impartial and independent lower level of authority with no right of appeal to the Court of Cassation and that more serious complaints use court intervention as the last resort. This would prevent the Court and the CEP from being overloaded with contestation issues.

Recent media reports (of October 13, 2005) indicate that modifications have been made to the Electoral Decree by the Haitian government. As yet unpublished, these modifications reportedly address the need to reduce the amount of time it takes for complaints to be heard, and will see electoral contestations administered by the CEP and the Bureau du Contentieux Electoral. We await further details.

2) Political party financing

The CEP should consider establishing strict public mechanisms to control the financing and increase the transparency of political parties during an election. This can be achieved by developing regulatory bodies, reporting requirements and enforcement provisions. In addition, there is a need for administrative or legal penalties for violations.

3) Role of the media

Balanced and independent media are an essential component of any democracy. In assessing the important role of the media in elections and in the democratic process, it is necessary to consider a number of criteria, including:

• broadcasting time allocated to parties during and between elections
  
  
• balanced and fair treatment of news and current affairs programs
  
  
• agreements between the leaders of rival parties regarding televised debates during an election campaign
  
  
• agreements on the nomination – and dismissal – of senior broadcasting managers, to ensure independence from government control and manipulation

In the absence of a media regulatory authority, the responsibility for establishing rules for determining and overseeing the allocation of broadcasting time to political parties during and between elections, and supervising this part of the process lies with the CEP. Further, as suggested for political party financing, the CEP should develop administrative or legal penalties for violations to regulations.

Electoral Preparations

The IMMHE finds that the electoral preparations, while improving as the electoral process unfolds, remain underdeveloped and lacking in transparency.

Examination of the electoral preparations so far revealed weaknesses in the decision-making process of the CEP. The consensus-making approach for each decision tends to be time consuming and inefficient. Moreover, a lack of executive and operational capacity combined with an overload of minor decisions undermines the functioning of the CEP. Together, these weaknesses produce delays in vital activities. As of the release of this report, the recruitment and training of elections officers and employees were incomplete for the BEDs (Departmental Electoral Bureaus) and BECs (Municipal Electoral Bureaus).

Transparency in the decision-making process would enhance the legitimacy of the CEP and increase the confidence of all stakeholders in the electoral process. It was noted that lack of transparency has created concerns, notably regarding the certification of political entities and the hiring of some staff.

By the beginning of October 2005, the CEP had released three election calendars and a fourth version was to be released by mid-October. Amendments were made to permit additional registrations among the isolated rural population as well as in under-covered urban areas. An election calendar is a vital tool. It is the foundation of the logistical operations for organizing an election. In essence, an election is an accumulation of hundreds of interrelated activities that need to be identified and planned for in detail. Of concern to the IMMHE was the absence of a detailed election work plan. A detailed work plan is necessary for election organizers to meet milestones and deadlines in the electoral process. Activities such as the registration of political entities, the establishment of polling centres and the production of voters lists are only a few of the hundreds of significant tasks that add up to the successful execution of an election. These tasks need to be recognized well in advance for sufficient resources to be allocated for their completion.

¹ IMMHE member countries: Brazil, Canada, Chile, Dominican Republic, Jamaica, Mexico, Panama and the United States.

² For a complete list of criteria, see the IMMHE's October 6, 2005, press release on the IMMHE Web site: www.mieeh-immhe.ca.

³ The total voter population is an estimate based on the 2003 census conducted by the Institut Haitien de Statistique et d'Information.