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Central Asia: Living in Afghanistan's Shadow NORWEGIAN PEACEBUILDING CENTRE No. 5 December 2009 Noref Policy Brief No 1 2009 Haiti: the challenge of ending the transition to democracy Tone Faret and Eduardo Colindres Executive Summary The political scene in Haiti will be dominated by elections in 2010. The challenge is significant for the international community, which plays a prominent role and has a notable presence in the country, and for national actors, especially the much disputed Provisional Election Council (CEP). President Préval has officially launched the new movement – Inité (Unity)– which is largely built on his old electoral platform, Lespwa (Hope). He is in the process of consolidating support prior to the next elections, although he maintains that he will not be a candidate for the presidency, after having served two terms. Opposition forces have Tone Faret and Eduardo Colindres voiced frustration over what they see as increased political power in the hands of the president, especially after Aristide’s political Tone Faret is a senior advisor with the Norwe- party, Fanmi Lavalas, was excluded from the gian Peacebuilding Centre. Before joining Noref, elections for the second time, together with 16 she worked for the United Nations High Com- other political parties and movements. missioner for Refugees, the Norwegian Refugee Council’s Internal Displacement Monitoring Cen- Violence and electoral fraud has been a constant tre, and the Norwegian Ministry of Foreign Af- feature of politics in Haiti since a democratic fairs, based in Haiti. She holds an MA in economic system was introduced some twenty years ago. history from the London School of Economics. The danger exists that the upcoming legislative elections, while in theory respecting democratic Dr. Eduardo Colindres is an expert on political formalities, will enable the power-holding elites parties, government administration and adult ed- to establish a non-democratic government under ucation, and he has extensive experience in im- an apparent democracy. And this may happen in plementing programmes in conflict-prone political the presence, and with the active participation, environments. Since 2003, he has been a sen- of the international community. ior programme manager for the National Dem- ocratic Institute’s political party strengthening The opposition political parties and their leaders programme in Haiti. Much of his research has fo- are confronted by a major challenge because, cussed on social and electoral issues. He has also this time around, they must prove that they have held political posts in El Salvador – as magistrate the capacity, beyond their personal interests, to for the Supreme Electoral Tribunal and advisor reach agreements and build alliances that can to the Minister of Culture and Communications. present real alternatives to the Haitian people. Noref Policy Brief No. 5 December 2009 Democratic formalities First, President Préval obtained increased con- The coming year will be dominated by elections trol over both Parliament and the government which are scheduled for the Chamber of Depu- as a result of the senate elections in April and ties and a third of the Senate on 28 February June in which the president’s electoral plat- 2010, with a possible second round to be held form, Lespwa, won a majority of seats. The on 3 March. Presidential elections will be held fact that President Préval gained greater control towards the end of the year. In addition, elec- over parliament after Lespwa (Hope) won seats tions for the territorial collectivities should in in nine departments strengthened the allega- theory also be held during 2010. tions of misuse of power by opposition politi- cal forces and civil society actors. This made Both inter- the impeachment of Prime Minister Michèle national and Duvivier Pierre-Louis possible, after only one n a t i o n a l year in power, in October 2009.1 The impeach- stakeholders ment was carried out despite objections by sev- agree that In Haiti, 2010 eral senators who argued that the impeachment Haiti has will be dominated was illegal, and even unconstitutional. In the reached a by elections. end, 18 Lespwa senators passed the no-confi- crossroads. dence resolution behind closed doors. If elections are held President Préval chose Jean Max Bellerive, according to Minister for Planning and External Coopera- internationally tion, as the interim prime minister. Several of accepted democratic the seven newly appointed ministers have roots norms, the end of the never-ending political in political parties other than Lespwa, but they transition, which has been ongoing since the fall have developed close ties to the president – hav- of the Duvalier dictatorship in 1986, will have ing been invited to participate in presidential truly begun. The alternative is that the elec- committees and commissions over the past few tions in theory respect democratic formalities, years. while in fact allowing the power-holding elites to achieve the result that suits them, which is to Second, Fanmi Lavalas was marginalised after establish a non-democratic government under being excluded from the elections because two an apparent democracy. factions of the Fanmi Lavalas party presented different lists of candidates to the Provisional For the international community, the elections Election Council (CEP), none of them author- will be a crucial challenge because the demo- ized by Jean-Bertrand Aristide (president for cratic success or failure of the elections will take life of the party and its legal representative). place in its presence and with its participation, The exclusion of Fanmi Lavalas in April 2009 mainly through Haiti’s UN peacekeeping mis- led the American, French, and Canadian embas- sion, Minustah and, of course, with its money. sies, as well as Minustah, to issue statements favouring an inclusive solution. But it was to no avail, as they were accused of meddling in the Controversial elections country’s internal affairs. The current run-up to the elections will be over- shadowed by certain key developments related 1 See Tone Faret’s article “Haiti – a step in the wrong di- to the elections in April and June 2009, in rection”, the Norwegian Peacebuilding Centre (Noref), which one-third of the 30-member Senate was http://www.peacebuilding.no/eng/Publications/Articles/ renewed. Haiti-a-step-in-the-wrong-direction, accessed 15 De- cember 2009. - 2 - Haiti: the challenge of ending the transition to democracy While still assumed to be the country’s larg- est party, although this is far from certain, Proposed Constitutional Amendments Fanmi Lavalas failed to mobilize the grassroots masses. However, the movement issued mes- 1. Dual nationality: Haitians may sages denouncing the decision to exclude them have other nationalities when hold- as political manoeuvring by President Préval. ing political posts without los- The fact that no protest was organised in the ing their Haitian nationality. poorer areas, which constituted the powerbase 2. Gender equity: The adop- of Fanmi-Lavalas during the Aristide years, has tion of a minimum 30% quota for for many confirmed that Fanmi Lavalas has lost women in the public services and its appeal among the poor masses. in political party structures. 3. A third striking development was the low turn- Elected office: President of the Re- public, senators, deputies, local gov- out during the last senate elections. Usually, ernment officials (Mayor, Casec, Asec voter turnout is lower in the elections for a third )1: the two main proposals are that of the senate or for parliament than in the presi- all terms of office will be standardized dential elections, but the turnout in April 2009 at five years, and that the president was even lower than usual at only 11.3%. The may remain in office for two consecu- Provisional Election Council (CEP) decision to tive terms. Under no circumstances reject the candidate lists presented by the two shall a third mandate be sought. groups of Fanmi Lavalas undoubtedly dissuaded 4. Constitutional court: The consti- many voters from participating in the senate tutional court will have the highest elections. In addition, there were rumours about jurisdiction in constitutional mat- street violence and threats of sanctions against ters, ruling on the constitutionality voters, although they never materialized. of laws and regulations. Its decisions cannot be appealed and will be im- posed on all public powers, and ad- However, other factors may also explain the ministrative and judicial authorities. low turnout during the last elections. Banning of private vehicles and public transport due to 5. The Superior Judicial Council: security concerns made it more difficult for vot- Administration and control of the ers to reach the polling stations. In addition, a Judicial Council will be entrusted to a Superior Judicial Council. number of organizational problems and last- minute actions created confusion. For example, 6. Parliament’s role: The impeach- thousands of national identity cards were not ment of a member of government must distributed, thus disenfranchising their holders. be required by one quarter (25%) of the members of the relevant cham- ber, and cannot be demanded by five members of one of the Chambers of Constitutional reform – a contentious Parliament as is the case today. issue The potential for confrontation between sup- 1 Casec – Administrative Council of the Communal Sec- porters and opponents of President Préval is tion; Asec – Communal Section Assembly. considerable as Haiti enters a new and intense election period. President Préval remains the after the last senate elections to promote this centre of controversy as he is accused by both issue. His role is pivotal in this process, which opposition groups and civil society actors of has been his main political priority since tak- seeking to concentrate power in the presidency. ing power in 2006, on the grounds that the cur- One of the most contentious issues in Haiti is rent Constitution represents a major obstacle to the debate over constitutional reform.
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