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Final Report on the December 3, 2006, Elections

1. Mandate of the CMAHE

The Canadian Mission for Accompanying Haitian Elections (CMAHE), headed by Jean-Pierre Kingsley, Chief Electoral Officer of Canada, is carrying on from the International Mission for Monitoring Haitian Elections (IMMHE) for the monitoring and evaluation of the December 3, 2006, elections. From October 22 to December 13, 2006,¹ the CMAHE deployed 22 observers in teams of 2 across Haiti’s 10 departments.²

In accordance with its mandate to accompany the election authorities, the CMAHE regularly shared its observations with both the Provisional Electoral Council (CEP) as well as all levels of the election administration. The Mission’s observations and evaluations addressed all aspects of the elections, including electoral preparations, the conduct of the vote, vote compilation and the beginning of the complaints process.

The CMAHE’s mandate is an integral part of Canada’s significant contribution to Haiti’s long-term development, particularly with respect to the development of democratic practices.

2. Objective of this report

As a follow-up to the CMAHE’s December 14, 2006, preliminary statement on the elections, this report expands the Mission’s observations and presents a series of long-term recommendations to improve future elections in Haiti. It is further to the IMMHE’s reports on the first and second rounds of elections, including the IMMHE’s final report, released on November 20, 2006.

3.  General observations on the December 3, 2006, elections

Haiti’s election authorities met the challenge of organizing complex elections within the prescribed time frame, enabling electors to exercise their democratic right to elect members of local and municipal administrations.

Since the presidential and legislative elections of February 7, 2006, the CMAHE has witnessed consistent and significant improvements in the conduct of Haiti’s elections. The Mission specifically notes the increased role played by the CEP, and in particular by former Executive Director Jacques Bernard, who assumed overall responsibility for organizing the elections.

The CMAHE is pleased that many electors went to the polls on December 3, 2006, to vote for leaders of the local and municipal governments. A participation rate of some 36 percent is a positive achievement in Haiti’s path to democracy and compares favourably with turnout rates observed for local and municipal elections in the world’s established democracies.

The CMAHE salutes the professionalism, dedication and generally exemplary behaviour of election workers across the country. Their contribution was once again instrumental in ensuring the overall good conduct of the election process.

At the same time, the CMAHE observed that the large number of political party representatives at certain polling stations, some of which were located in confined areas, made access to the polls more difficult for electors and hindered election workers in the performance of their duties. Also, although such incidents were isolated, the Mission condemns the behaviour of certain party representatives who attempted to influence electors and election staff through intimidation and other illegal means.

The complaints process started smoothly and is now over. The CMAHE notes that this process was not always understood by candidates and their supporters, who protested in the streets to contest the partial election results, sometimes inciting unrest and violence, without waiting for rulings on the merits of their complaints. 

4. Specific observations and recommendations

4.1 Actors in the election process

4.1.1 Increased role of the CEP

Organizing elections is a complex endeavour, especially in a country such as Haiti, where the infrastructure and resources are limited. The complexity of the December 3, 2006, elections must also be taken into consideration. Some 29,000 candidates, divided among 8,019 coalitions, ran for some 7,750 positions as city delegates, mayors and members of communal section assemblies and administration boards. These elections also included a repeat of the second round for three senatorial positions in the departmental electoral office (BED) of the North East, as well as the election of 11 deputies.

The significant improvement – observed at both the national and departmental levels – in how Haiti’s elections were conducted since the presidential and legislative elections of February 7, 2006, holds promise for Haitians, as well as the fact that it was the Haitian election authorities who organized and delivered the elections of December 3, 2006. Notably, on November 24, 2006, the CEP confirmed that sensitive materials had been printed and delivered to all BEDs on schedule and that the stage was set for the holding of elections.

It should be noted that the institution in charge of administering elections is at the heart of a country’s democratic life and that its credibility in the eyes of electors and political players is critical to its successful operation. The current electoral cycle has exposed some shortcomings in the institutional management of Haiti’s elections and has highlighted the need to reorganize the CEP’s internal structure.

This reorganization could address certain issues observed, such as the lack of cohesion in the CEP’s work, counterproductive public interventions by some CEP members without having to provide factual support for their allegations and gaps in the chain of communication that led to directives on the ground that sometimes were contradictory. The absence of a clear definition of the roles of CEP members in relation to that of the CEP’s executive director also undermined the performance of administrative election tasks.

Recommendation:

Establish the permanent electoral council as soon as possible, in accordance with the Constitution, and clearly set out a legislative division of responsibilities among election authorities. The members of the council, who could meet on a part-time basis except during an election period, would be responsible for establishing rules and policies and evaluating the electoral administration’s work. The electoral administration would report to the council, recommend and enforce policies, and implement related programs. The latter would also have sufficient resources and would maintain archives and files, enabling it to credibly address the requirements of Haiti’s elections.

4.1.2 Expertise of MINUSTAH and the OAS

In keeping with their respective mandates, the United Nations Stabilization Mission in Haiti (MINUSTAH) and the Organization of American States (OAS) provided the CEP with the required assistance to organize the elections. MINUSTAH offered logistical, transportation and security support, while the OAS helped prepare voters lists and compile votes at the Vote Tabulation Centre (CTV).

The CMAHE notes that, across all BEDs, MINUSTAH officers demonstrated exemplary coordination with their partners from the United Nations police and the Haitian National Police (PNH) to ensure that sensitive materials were distributed and subsequently recovered after vote counting. Contingency plans were also in place for those BEDs threatened by bad weather and for polling centres rendered inaccessible because of torrential rains, which affected the BEDs of the North, the North West, Nippes, Grande-Anse and the South. Training and simulation exercises were conducted in conjunction with members of communal electoral offices (BECs) and polling centres to prepare for the distribution and recovery of sensitive election materials.

The CMAHE also notes the positive impact that the public forums held for candidates and political parties had in informing them of the election process and complaints procedures. MINUSTAH was instrumental in this initiative, which helped prevent confrontations between political rivals and build trust in the election process.

From the launch of the electoral cycle, OAS experts helped to develop and update the electoral database and produce voters lists for the various elections. They also developed a computer program to capture and process polling station reports at the CTV and oversaw training for 250 program operators through simulation exercises.

The organization of a complex event by multiple partners requires major planning and coordination efforts on the part of everyone. The CMAHE observed a number of communication deficiencies between the various electoral partners involved in the current cycle, which occasionally resulted in strained relations. This experience demonstrates the importance of communications – and the people who drive them – for a healthy working environment. This is particularly true in a multicultural environment. Notably, it is an important asset for international stakeholders to have a good command of the language(s) spoken by the host country’s authorities and people – in this case, French or Creole. 

Recommendations:

Establish clear and efficient mechanisms for communication and coordination among the various partners of the electoral administration to create a climate of harmonious relations and to maximize the use of available resources.

Recruit international workers who speak the language(s) of the host country, in this case, either French or Creole.

4.1.3 Strong presence of domestic observers

Electoral observation is key to ensuring transparency and credibility of the election process in countries in transition. Chapter XIII of Haiti’s Electoral Decree recognizes this and has enabled the active monitoring of the elections by a number of Haitian groups, including the Institut de la société civile, the Commission Épiscopale Justice & Paix, the National Observation Network (RNO), the National Observation Council, the Organisation Communautaire de Développement Rural and the Réseau des Femmes Candidates pour Gagner. With limited resources and money, these groups nevertheless deployed some 4,500 observers across the country. International observers were also present on the ground, including 41 Haiti Democracy Project (HDP) observers, 17 CARICOM observers and the CMAHE’s 22 long-term observers.

The CMAHE joined forces with the various observer groups to maximize the exchange of findings and, where needed, provide technical assistance – such as the sharing of observation checklists – in order to ensure more effective observation across the board. 

The CMAHE deplores the incidents in which some domestic observers failed to comply with the rules of conduct associated with electoral observation – for instance, when they actively intervened in the conduct of the vote and the vote-counting process. However, such cases were isolated, and the CMAHE salutes the overall observation work carried out by Haitians, who are contributing to the development of democratic practices in their country.

Recommendation:

Develop training programs for election observers that are in accordance with common electoral observation standards.  

4.1.4 Campaigns of political parties, candidates and parliamentarians

Political parties, candidates and parliamentarians should get involved in election campaigns because it helps them rally their supporters, promote their candidates and political ideas, and encourage those who adhere to their platforms to vote. This component of the election process makes electors aware of the importance of elections and helps to increase voter turnout.

At the same time, it should be understood that political players have to run their campaign activities in accordance with democratic values and fundamental rights and freedoms. In this regard, the CMAHE regrets the instances in which certain people, including candidate representatives, used intimidation and other illegal means to influence election workers and electors. While these were isolated incidents, they must nevertheless be condemned as fundamentally anti-democratic actions, and any criminal allegation should be duly investigated, notably to prevent the development of a culture of impunity vis-à-vis election crimes.

The CMAHE wishes to reiterate the commitments of the Pact of Governability and Stability made by Haiti’s major political parties. The pact, which was signed under the auspices of MINUSTAH in 2005, states the commitments of the political parties to respect the Constitution and the electoral legislation, to maintain courteous relations with their opponents and to accept the results and distribution of powers. It is desirable that all the parties adhere to the Pact and respect its commitments.

Recommendations:

Ensure that the relevant authorities investigate allegations of crimes and, where applicable, enforce the laws, including the relevant provisions of the Electoral Decree, which prohibit and punish offences of intimidation and violence that may occur within the electoral context.

Develop training programs for candidates, future representatives and political party members designed to strengthen the role that political parties play in Haiti’s democratic life, in particular by helping them comply with and consolidate the country’s election process.

4.2 Voter information campaigns

Informing electors includes providing basic information (e.g. the offices to be filled and their respective functions) that enables citizens to participate in elections.

The CEP had a limited budget of US$400,000 to carry out a national campaign, and MINUSTAH also faced serious budget constraints. Despite the few available resources, real efforts were made to keep Haitians informed. The CEP’s weekly television program, which aired Thursday evenings on Haitian National Television (TNH), along with “Espace MINUSTAH,” published weekly in the Le Nouvelliste newspaper, are cases in point. These initiatives helped keep electors, especially those in the nation’s capital, abreast of the election process and the political structures of the local and municipal levels. 

The CMAHE commends the Young Journalists’ Association of Artibonite for the initiative it showed in carrying out an educational campaign in collaboration with the Mission’s observers. A series of eight radio shows called Antenne élection were aired twice a week and then re-aired on three other radio stations, covering the entire department. Banner ads were also employed.

Despite these commendable initiatives, and as in the first two election rounds, the overall evaluation indicates that the campaigns to inform Haitian electors got off to a late start and had limited impact. In contrast to the previous election, the CEP’s radio spots were broadcast only on national radio stations. Community radio stations received neither financial assistance nor election information materials; this made it difficult to distribute information to the significant number of people living in rural and remote areas. 

Recommendation:

Develop election information campaigns for each election (presidential, senatorial, deputy, local and municipal) and ensure that they are conducted on time, with the resources needed to effectively reach all electors.

4.3 The media

Media coverage is another key factor in the election process. It facilitates the transmission of election information and allows candidates and political parties to make themselves known to the electorate.

Section 28 of the Constitution and section 137 of the Electoral Decree protect the right of journalists to exercise their profession and ensure fair access to the media for candidates and parties. Although the media were not systematically or comprehensively monitored during the elections of December 3, 2006, the general impression is that coverage was acceptable. That said, as the IMMHE observed, efforts should be made in future elections to ensure more equitable media coverage. For instance, media associations (the National Haitian Media Association) (ANMH) and the Association of Independent Haitian Media (AMIH)) could take up the initiative of the Code of Ethics for Haitian Media and Journalists During Election Campaigns, which defines principles and directives for equitable media access by parties and candidates. This project, developed under the auspices of the Organisation Internationale de la Francophonie (OIF) and Réseau Liberté, was already approved in the fall of 2005 by representatives of the media and journalists.

The CMAHE found that all of the press conferences given by MINUSTAH, the PNH and the CEP were generally well publicized by the media.

The CMAHE wishes to acknowledge a first in Haiti’s media history: throughout election day on December 3, the TNH and Haitian National Radio (RNH) simultaneously provided live coverage of the event, thanks to the contribution of 30 correspondents posted across the country. The main reports and interviews conducted for this special broadcast were also published on the TNH’s Web site. Support from Radio-Canada and Réseau Liberté experts helped to carry out this successful endeavour, which reached a broad audience.

As opposed to the elections of the first round and, to a lesser degree, those of the second round, the December 3 elections generally received less media attention. As is the case in established democracies, consideration must be given to the fact that the elections in question mainly concerned local government positions. The CMAHE nonetheless noted some degree of election fever in the Haitian media during the week preceding election day, and this helped to inform electors of the importance of the local and municipal elections. Furthermore, some local radio channels regularly aired news on the political parties and candidates participating in the elections. 

Recommendation:

Create rules for media election coverage that address the allocation of broadcasting time among parties and candidates, the media’s protection from manipulation or control, and mechanisms for enforcing these rules. An independent arbitrator or organization could ensure that the rules are respected and that offenders are disciplined, as necessary.

As with the initiative led by the TNH and the RNH, financial and technical support for the various media outlets could be provided to promote the wide dissemination of election information, including information from candidates and parties.

4.4 Financing of candidates and political parties

On November 13, 2006, Haiti’s Minister of the Interior and Territorial Communities announced 60 million gourdes in financial assistance for the campaigns of political parties participating in the December 3, 2006, elections based on their national presence.

The announcement was well received by most candidates and parties, although some pointed out that it had been made late in the election campaign.

The aim of regulations for party financing and the use of resources during election campaigns is to allow the expression of a range of opinions and to prevent certain donors from exercising undue influence on the content of proposed platforms or on the activities of the parties and elected candidates. The analysis of political financing rules contained in Chapter X of the Electoral Decree reveals that the current regime is limited. For example, sections 154 and 155 of the Electoral Decree require that donations over 50,000 gourdes be reported to the CEP. However, there are no provisions which would require the publication of this information reported to the CEP, as is normally the case in a legislative framework which advocates transparency and public scrutiny of political financing.

Recommendations:

Develop clear rules for the timely allocation of government campaign funds to candidates and parties.

Revisit the legislation on political financing for future elections in Haiti and consider rules which support transparency and fairness, such as measures to regulate contributions from national and international donors, controls on election expenses and requirements for financial reporting, which would also permit public scrutiny.   

4.5 Organizing elections

4.5.1 Voters lists 

The election authorities used the voters lists from the presidential and legislative elections to create lists for the municipal elections, based on electors’ place of residence, by commune and communal section. This was an arduous process, given that the political boundaries separating the various communes and sections were not always clear.  

The lists were posted at most polling centres and, for each BED, were published in the daily newspapers Le Nouvelliste and Le Matin, as well as on the CEP’s Web site. On election day, some electors went to polling centres other than those assigned to them because of errors in the voters lists or erroneous information. That said, the CMAHE notes that the CEP took measures to prevent this kind of occurrence where possible, notably by allowing electors to submit corrections to the voters lists before October 25, 2006. This resulted in some 38,000 voter reassignments. 

Recommendation:

Implement a permanent procedure for revising voters lists and distributing the national ID card (CIN) in order to ensure the system’s usefulness and efficiency for future elections.

4.5.2 Candidate lists

The candidate lists for the December 3, 2006, elections were drawn up in October 2005, more than a year before election day. Subsequent amendments to the list were not allowed, with the exception of corrections to obvious errors, such as candidates linked to the wrong coalition. This can be attributed to postponements of the local and municipal elections, which were initially supposed to be held on October 9, 2005. The CMAHE regrets that the registration period for candidates was closed more than a year before the holding of the local and municipal elections, as it may have affected the right of some people to run in the elections.

4.5.3 Recruiting and training election workers

A competent and well-trained election staff is critical to a successful vote.

The vast majority of election workers, supervisors and managers involved in the February and April elections were rehired for the December 3 elections, and their experience contributed to smooth operations. 

The training programs offered to election workers at polling centres and polling stations were well conceived. Along with these training programs, forums and other sessions organized by MINUSTAH equipped staff to efficiently carry out their election tasks.

The selection and hiring of election workers were problematic in certain areas. The selection of polling station members caused resentment among candidates in the BEDs of West 1, the South East and Grande-Anse, where candidates contested arrangements regarding party representation on the staff list approved by the CEP. Some BEDs and BECs decided unilaterally to rearrange the staff lists and to rehire certain supervisors and managers; this created more confusion.

In some places, there were misunderstandings between the CEP and election workers; for instance, some electoral security agents claimed that they had not been paid for their work in the second round of elections. The CEP executive directorate took action to address most of these outstanding administrative issues so that they would not interfere with the voting process.

Recommendation:

Develop a clear, transparent and comprehensive policy on election staff recruitment in accordance with the Electoral Decree, merit principles and party representation.

4.5.4 Opening of polls, voting process and vote count

The vast majority of polling stations opened at 6:00 a.m. on election day, in accordance with the Electoral Decree. A few incidents, such as the late delivery or lack of election materials, delayed opening procedures at certain polling stations. 

Generally speaking, election workers correctly followed opening procedures at polling stations and sealed ballot boxes in a way to prevent tampering. A significant number of the polling stations observed did not count the ballots before polls opened, making it impossible to reconcile the number of ballots received that morning with the number of ballots on hand when votes were counted at the end of the day.

The CMAHE found that the voting process ran smoothly overall, thanks in part to the training provided to election workers and to their professional conduct. At most of the polling stations visited, the location and identification of polling places, as well as the level of security present, complied with prescribed rules. The same is true for election materials. In addition, at most of the polling stations observed (76 percent of cases), ballot boxes were properly sealed; this compared favourably with the first two rounds of the presidential and legislative elections. 

While the CMAHE’s overall evaluation is positive, it nonetheless identified a number of problems, described below, which should be considered in view of both any repeat of the December 3, 2006, elections and future election cycles: 

• As in the two first rounds, there was an absence of helpful signage at polling centres to inform electors what to do and how to mark their ballots for each of the elections.
• The large number of political party representatives at certain polling stations, some of which were located in confined areas, hindered electors’ access to the polls.
• Some party representatives tried to intimidate electors and election staff.
• Isolated incidents of violence erupted at some of the polling centres in the departments of Artibonite, the North, Grande-Anse, the West, the South and the South East. These fundamentally anti-democratic and unacceptable incidents must be condemned by all. Nonetheless, the CMAHE is pleased to note that these were isolated events that did not undermine the overall proper conduct of the elections.

Election workers at the polling stations observed by the CMAHE were familiar with poll closing and vote-counting procedures and, on the whole, performed these operations adequately and transparently. Except for a few isolated incidents, electoral security agents, the PNH and MINUSTAH ensured a safe environment during this important phase of the election process.    

Recommendations:

Create illustrated signs that clearly explain voting procedures to electors, and post them in strategic locations, including at polling centres.

Recruit and train information officers to guide and assist electors at polling centres.

Devise a solution to ensure that candidates’ right to representation at polling places (number of representatives per polling station) in no way undermines the exercise of the electors’ right to vote. 

Implement training programs that explain the roles and limits applicable to representatives who are present at a polling place.

4.5.5 Vote Tabulation Centre and release of preliminary results

The CMAHE found that the CTV was well prepared, with technical support from the OAS, to efficiently and transparently compile the votes. The CEP hired some 250 operators, who received adequate training through simulation exercises. This preparatory work resulted in a compilation process that was more rapid than in the first and second election rounds: 95.8 percent of polling station reports had been processed by the eighth day after the election. 

Subsequently, the CEP made the right decision to publish the preliminary results on its Web site and to post them at the BECs. That noted, some delays were experienced between the time the results were compiled and when they were published, and this raised a number of concerns. The CMAHE wishes to reiterate that the results should always be released without delay as they are made available. This measure of transparency is critical to ensuring the credibility of the election process.

Recommendation:

Ensure that preliminary results are released, without delay, as they are being compiled.

4.5.6 Preparation and operations at dispute offices

Challenges to the results of the municipal (mayors and city delegates) and local (communal section assemblies and communal section administration boards) elections were filed with the communal electoral dispute office (BCEC), while challenges to repeat legislative elections were filed with the departmental electoral dispute office. The rulings handed down by the latter bodies may be appealed to the national electoral dispute office (BCEN), which examines the cases and renders final decisions.

The CMAHE was on the ground until mid-December and was able to observe preparations for and the beginning of the election complaints process.

The CEP provided quality professional training to some 800 members (lawyers, clerks and secretaries) staffing the 142 electoral dispute offices.  

Despite the commendable efforts deployed, the CMAHE noted that the process was not always well understood. As in the first two rounds, some degree of patience is required for the legal process to take its course, for those concerned to file their complaints in proper form, and for election authorities to examine the cases and rule on their merits. At the same time, to foster and maintain trust in the process, election authorities must process all complaints in a fair, efficient, timely and transparent manner. 

The CEP president reported that the BCECs received 241 complaints and the BCEN received 89 appeals. Treating this number of complaints necessarily takes time, and this delays the publication of the final results for all elections held on December 3, 2006. By February 12, 2007, the last complaints were still under review at the BCEN. The CMAHE deplores that certain candidates and their supporters protested in the streets, sometimes inciting unrest and violence, without waiting for rulings on the merits of their complaints. Such behaviour added to the general climate of insecurity prevailing in certain urban areas.

Recommendations:

As indicated in the IMMHE’s final report of November 20, 2006, develop and clarify the overall complaints process, including rules on the period for filing a complaint, the supporting documentation and the grounds for changing the results of an election (e.g. reclassification, declaration of a winner or repeat election).

Implement a comprehensive information program on the complaints process for candidates and political parties.

4.6  A respectable voter turnout rate

The CMAHE wishes to congratulate the electors who went to the polls to exercise their right to vote for their local and municipal leaders. Voter turnout was about 36 percent and compares favourably with the participation rates observed in the world’s democracies for similar elections. In fact, Haitians’ participation in these elections is a step forward in the country’s path to democracy and shows promise for the future.

4.7  Ongoing security concerns

Security remained an issue throughout the election cycle and was the main concern for election workers during the election period leading to December 3, 2006. The feeling of insecurity was caused in part by violent conflicts involving armed gangs and by chronic kidnappings. In light of the fears of officers and personnel at the communal election offices, the CEP hired 1,000 additional electoral security agents and stationed them at the polling centres most likely to be the target of violent incidents. This had a positive impact on two levels: violent incidents remained isolated, and a respectable number of voters turned out to exercise their right to vote without problems.

Recommendation:

Continue efforts to reorganize the PNH and rebuild the country’s judicial system with support from the international community.

5. Conclusion and general recommendations

Haiti’s current election cycle represents a significant advance on the road to democracy, thanks to the will of the people, political actors and election administrators. Haitians must now protect their gains and build on what has been accomplished. The following recommendations, like those outlined in the IMMHE’s final report, should receive immediate priority:

• Establish the permanent electoral council as soon as possible, in accordance with the Constitution, and clearly set out a legislative division of responsibilities among election authorities. The members of the council, who could meet on a part-time basis except during an election period, would be responsible for establishing rules and policies and evaluating the electoral administration’s work. The electoral administration would report to the council, recommend and enforce policies and implement related programs. The latter would also have sufficient resources and would maintain archives and files enabling it to credibly address the requirements of Haiti’s elections.
• Develop countrywide campaigns to inform and sensitize citizens, in addition to incorporating civic education into school programs, with a view to reinforcing Haitians’ commitment to democratic values and their political system.
• Strengthen political party involvement in Haiti’s democratic life, notably by helping political parties contribute to consolidating the country’s electoral process. This could include training programs for members of political parties, future party representatives and officials elected at the local level.
• Clarify the electoral legislation so that it fully reflects both reality and Haiti’s Constitution.
• Establish a permanent procedure for revising voters lists and distributing national ID cards to ensure the system’s usefulness and the efficiency of the registration process for future elections.

The CMAHE wishes to thank the CEP as well as the government of Haiti. The Mission wishes to thank in particular former CEP executive director Jacques Bernard, and to congratulate his perseverance and tireless work, which were critical to the good conduct of all three election rounds. Moreover, the Mission wishes to thank both MINUSTAH and the OAS – who showed ongoing transparency and offered outstanding co‑operation to the Mission.

The CMAHE also extends its thanks to the international observation groups of CARICOM and Haiti Democracy Project, as well as to all Haitian civil society organizations that worked with the Mission by sharing their observations and assessments of the December 3, 2006, elections, without reservation. In this regard, the Mission wishes to thank especially the RNO, who shared its report of December 26, 2006, on the local and municipal elections.

Finally, the CMAHE would like to thank Haitians for their warm welcome and their extraordinary co-operation with the Mission’s observers and employees. The success of the 2006 electoral cycle shows promise for Haiti’s development, and Canada, as a friend of the Haitian people, hopes to continue its work of accompaniment.  

6. Summary of recommendations

• Establish the Permanent Electoral Council as soon as possible, in accordance with the Constitution, and clearly set out a legislative division of responsibilities among election authorities. The members of the council, who could meet on a part-time basis except during an election period, would be responsible for establishing rules and policies, and evaluating the electoral administration’s work. The electoral administration would report to the Council, recommend and enforce policies, and implement related programs. The latter would also have sufficient resources, and would maintain archives and files, enabling it to credibly address the requirements of Haiti’s elections.

• Establish clear and efficient mechanisms for communication and coordination among the various partners of the electoral administration in order to create a climate of harmonious relations and to maximize the use of available resources.

• Recruit international workers who speak the language(s) of the host country – in this case, either French or Creole.

• Develop training programs for election observers that are in accordance with common electoral observation standards.  

• Ensure that the relevant authorities investigate allegations of crimes and, where applicable, enforce the laws, including the relevant provisions of the Electoral Decree, which prohibit and punish offences of intimidation and violence that may occur within the electoral context.

• Develop training programs for candidates, future representatives and political party members designed to strengthen the role that political parties play in Haiti’s democratic life, in particular by helping them to comply with and consolidate the country’s election process.

• Develop election information campaigns for each election
  (presidential, senatorial, deputy, local and municipal) and ensure that they are conducted on time, with the resources needed to effectively reach all electors.

• Create rules on media election coverage that address the allocation of broadcasting time among parties and candidates, the media’s protection from manipulation or control, and mechanisms for enforcing these rules. An independent arbitrator or organization could ensure that the rules are respected and that offenders are disciplined, as necessary.

• As with the initiative led by the TNH and the RNH, financial and technical support for the various media outlets could be provided to promote the wide dissemination of election information, including information from candidates and parties.

• Develop clear rules for the timely allocation of government campaign funds to candidates and parties.

• Revisit the legislation on political financing for future elections in Haiti and consider rules which support transparency and fairness, such as measures to regulate contributions from national and international donors, controls on election expenses and requirements for financial reporting, which would also permit public scrutiny. 

• Implement a permanent procedure for revising voters lists and distributing the national ID (CIN) card in order to ensure the system’s usefulness and efficiency for future elections.

• Develop a clear, transparent and comprehensive policy on election staff recruitment in accordance with the Electoral Decree, merit principles and party representation.

• Create illustrated signs that clearly explain voting procedures to electors, and post them in strategic locations, including at polling centres.

• Recruit and train information officers to guide and assist electors at polling centres.

• Devise a solution to ensure that candidates’ right to representation at polling places (number of representatives per polling station) in no way undermines the exercise of the electors’ right to vote. 

• Implement training programs that explain the roles and limits applicable to representatives who are present at a polling place.

• Ensure that preliminary results are released without delay, as they are being compiled.

• As indicated in the IMMHE’s final report of November 20, 2006, develop and clarify the overall complaints process, including rules on the period for filing a complaint, the supporting documentation and the grounds for changing the results of an election (e.g. reclassification, declaration of a winner or repeat election).

• Implement a comprehensive information program on the complaints process for candidates and political parties.

• Continue efforts to reorganize the PNH and to rebuild the country’s judicial system with support from the international community.

Appendix I

Areas visited and meetings conducted by the CMAHE over a two-month period:

1. 11 BEDs visited

2. 136 of 142 BECs visited

3. More than 285 of 570 communal sections visited

4. 64 polling centres visited on election day

5. 67 polling stations observed upon opening of polls

6. 217 polling stations observed during the vote

7. 23 polling stations observed upon closing of polls and during vote count

8. Information exchanges with five national observation organizations at the departmental and national levels (the National Observation Council, the National Observation Network, the Institut de la société civile, Justice et Paix, and RON)

9. Information exchanges with two international organizations (CARICOM and Haiti Democracy Project)