(2015-12) CRS - Haiti Under President Martelly: Current Conditions and Congressional Concerns

Haiti Under President Martelly: Current Conditions and Congressional Concerns (name redact ed) Specialist in Latin American Affairs December 23, 2015 Congressional Research Service 7-.... www.crs.gov R42559 Haiti Under President Martelly: Current Conditions and Congressional Concerns Summary Haiti shares the island of Hispaniola with the Dominican Republic. Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, extreme poverty, and underdevelopment. Economic and social stability improved considerably, and many analysts believed Haiti was turning a corner toward sustainable development when it was set back by a massive earthquake in January 2010 that devastated much of the capital of Port-au-Prince. Although it is recovering, poverty remains massive and deep, and economic disparity is wide: Haiti remains the poorest country in the Western Hemisphere. Throughout President Michel Martelly’s five-year term, Haiti has found itself in a prolonged political crisis due to the government’s failure to hold a series of elections that were long overdue. The government failed to hold elections by the end of 2012, leaving the Senate without one-third of its members. Thousands of Haitians took to the streets to protest the lack of elections. When the terms for another third of the Senate as well as the entire 99-seat Chamber of Deputies expired on January 12, the legislature was immediately dissolved, and Martelly began ruling by decree. A new Provisional Electoral Council (CEP) organized legislative elections in August, which were marred by violence, and runoff legislative, presidential, and local elections in October 2015. Some presidential candidates have led protests alleging fraud but have failed to file legal complaints. Runoff presidential elections scheduled for December 27 have been postponed while an independent commission makes recommendations. No new date has been set. Haiti is a key foreign assistance priority for the Obama Administration in Latin American and the Caribbean. Haiti’s developmental needs and priorities are many. The Haitian government and the international donor community are implementing a 10-year recovery plan focusing on territorial, economic, social, and institutional rebuilding. An outbreak of cholera in late 2010 has swept across most of the country and further complicated assistance efforts. Progress has been made in developing democratic institutions, although, as evident in the current crisis, they remain weak. The United Nations Stabilization Mission in Haiti (MINUSTAH) has been in Haiti to help restore order since 2004. The mission has helped facilitate elections, combated gangs and drug trafficking with the Haitian National Police, and responded to natural disasters. MINUSTAH has been criticized because of sexual abuse by some of its forces and scientific findings that its troops apparently introduced cholera to the country. The U.N. says it will not compensate cholera victims, citing diplomatic immunity. As of June 30, 2015, MINUSTAH had decreased its military troops from 5,021 to 2,338, leaving peacekeeping troops in only 4 of Haiti’s 10 departments. The Haitian National Police had primary responsibility for election security. The Dominican Republic ended its “immigrant regularization” process in June 2015. Since then tens of thousands of Dominican-born people of Haitian descent have relocated to Haiti, some out of fear of or intimidation by Dominican communities or authorities, increasing bilateral tensions. The main priorities for U.S. policy regarding Haiti are to strengthen fragile democratic processes, continue to improve security, and promote economic development. Other concerns include the cost and effectiveness of U.S. aid; protecting human rights; combating narcotics, arms, and human trafficking; and alleviating poverty. Congress shares these concerns. The immediate priorities are that free and fair elections be held as quickly as possible and a new administration takes office, with hopes that that will reduce political tensions and instability. Current legislation related to Haiti includes P.L. 114-113, P.L. 113-76, P.L. 113-162, P.L. 113-235, H.R. 52, H.R. 1295, H.R. 1891, H.Res. 25, S. 503, S. 1009, and S. 1267. Congressional Research Service Haiti Under President Martelly: Current Conditions and Congressional Concerns Contents Political Background ....................................................................................................................... 1 Haitian Democratic History in Brief ......................................................................................... 1 The 2010-2011 Election of President Martelly and a New Parliament ............................... 4 Adoption of Constitutional Reforms ................................................................................... 5 Overdue Elections Process: Delays and Disputes Under Martelly ..................................... 5 President Martelly’s Administration ........................................................................................ 10 Stability and the Investigation of Former Heads of State; Death of Duvalier......................... 13 The United Nations Stabilization Mission in Haiti (MINUSTAH) ............................................... 14 Haiti’s Development Challenges and Socioeconomic Conditions ................................................ 17 Cholera Epidemic .................................................................................................................... 18 Strategies for Haiti’s Reconstruction and International Assistance ............................................... 20 Reconstruction Efforts............................................................................................................. 20 Relations with Donors ............................................................................................................. 21 Coordination of Foreign Assistance .................................................................................. 22 Outlook Regarding Haitian Development......................................................................... 23 Potential for Mining .......................................................................................................... 24 U.S. Policy Objectives and Assistance .......................................................................................... 24 U.S. Assistance to Haiti ........................................................................................................... 25 Temporary Protected Status and Haitian Family Reunification Parole Program .................... 27 Congressional Response and Concerns ......................................................................................... 27 Post-Earthquake Reconstruction ............................................................................................. 28 Transparency and Accountability of the Haitian Government ................................................ 32 Respect for Human Rights ...................................................................................................... 33 Concerns over Haitians and People of Haitian Descent in the Dominican Republic ....... 34 Investigations of the Late Duvalier and Aristide for Human Rights Violations ............... 37 Curbing Violence Against Women .................................................................................... 39 Security and the Debate over Reestablishing the Haitian Army ............................................. 39 Counternarcotics ..................................................................................................................... 41 Trade Preferences for Haiti ..................................................................................................... 42 Legislation in the 114th Congress .................................................................................................. 43 Figures Figure 1. Map of Haiti ..................................................................................................................... 1 Figure 2. U. S. Government Post-Earthquake Assistance in Haiti ................................................ 26 Figure 3. Total Post-Earthquake USG Funding to Haiti Summary ............................................... 30 Tables Table 1. Haiti Elections Budget Estimates—Assuming Three Rounds of Elections ....................... 9 Table 2. U.S. Assistance to Haiti Fiscal Years 2010 to 2016 ......................................................... 26 Congressional Research Service Haiti Under President Martelly: Current Conditions and Congressional Concerns Contacts Author Contact Information .......................................................................................................... 44 Congressional Research Service Haiti Under President Martelly: Current Conditions and Congressional Concerns Figure 1. Map of Haiti Source: Map Resources. Adapted by CRS. Political Background Haiti shares the island of Hispaniola with the Dominican Republic; Haiti occupies the western third of the island. Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, extreme poverty, and underdevelopment. While significant progress has been made in improving governance, democratic institutions remain weak. Poverty remains massive and deep, and economic disparity is wide. In proximity to the United States, and with such a chronically unstable political environment and fragile economy, Haiti has been a constant policy issue for the United States. The U.S. Congress views the stability of the nation with great concern and has evidenced a commitment to improving conditions there. Haitian Democratic History in Brief Haiti has been struggling to build and strengthen democratic institutions for 25 years, ever since massive popular protests and international pressure forced dictator Jean-Claude Duvalier to abandon his rule and flee the country in 1986. Known as “Baby Doc,” Duvalier came to power in 1971, succeeding his father, Francois “Papa Doc” Duvalier, who had ruled since 1957. Their 29- year dictatorship was marked by repression and corruption. Hoping to reverse almost 200 years of mostly violent and authoritarian rule, Haitians overwhelmingly approved a new constitution creating a democratic government in 1987. Congressional Research Service 1 Haiti Under President Martelly: Current Conditions and Congressional Concerns De facto military rule, coups, and thwarted attempts at democratic elections continued until a provisional civilian government conducted what were widely heralded as Haiti’s first free and fair elections in 1990, in which Jean-Bertrand Aristide, a former Catholic priest, was elected president. In 1991, the Haitian military overthrew Aristide in a coup, just eight months after he was inaugurated. Aristide went into exile in the United States. Three years later, under the threat of a U.S. military intervention, the military finally bowed to international pressure and allowed Aristide to finish his term. Aristide returned to Haiti in 1994 under the protection of some 20,000 U.S. troops, who transferred responsibility to a United Nations mission in 1995. With U.S. assistance, President Aristide disbanded the army and began to train a professional civilian police force. In 1996 Haitians saw their first transfer of power between two democratically elected presidents in Haitian history when Aristide was succeeded by René Préval.1 Five years later, in 2001, Aristide was reelected, and there was another peaceful transfer of power. Political conflict embroiled Aristide and the opposition, however, and led to the collapse of his government in 2004, and Aristide again went into exile, eventually ending up in South Africa. An interim government followed, from 2004 to 2006. Charges of corruption against Aristide, dissolution of the parliament by Préval in his first term, questions regarding the interim government’s legitimacy, and flawed elections under all of them contributed to their inability to establish a fully accepted or functioning government. Nonetheless, with the support of the United Nations Stabilization Mission for Haiti (MINUSTAH)—which arrived in Haiti in 2004—and other donors, security conditions improved, reform of the country’s police force began, and elections were held in 2006. As a result of those elections the Parliament, which had not been fully functional since the collapse of the Aristide government in 2004, was reestablished, and René Préval began his second five-year term as president of Haiti. During his first three years in office, Préval established relative internal political stability and oversaw a period of economic growth. In 2007, the Préval Administration published its Poverty Reduction Strategy, a key step in meeting International Monetary Fund (IMF) requirements for debt relief. International donors pledged more than $1.5 billion in economic assistance to Haiti. In the long term, democratization in Haiti has contributed to the slow strengthening of government capacity and transparency. From 2004 to 2009, Haiti made what the IMF and others called “remarkable progress” toward political stability and economic stabilization.2 With much international support, the government conducted democratic presidential and parliamentary elections and enacted wide-ranging reforms, especially in economic governance. Elected governments have developed long-term development plans resulting in international technical and financial assistance. They have developed national budgets and made them public. The number of employees in bloated state enterprises has been reduced. The government carried out the fiscal management and transparency reforms necessary to qualify for debt relief from multilateral and some bilateral creditors under the Enhanced Heavily Indebted Poor Countries Initiative in 2009. 1 Jean Bertrand Aristide served as president in Haiti from February through September 1991; 1994-1996; and 2001- 2004. René Préval served as president from 1996-2001; and 2006-2011. The Haitian constitution limits presidents to two nonconsecutive terms. 2 Ugo Fasano, “Haiti’s Economic, Political Turnaround,” IMF Survey Magazine: Countries & Regions, September 17, 2007; and World Bank, “Haiti Country Brief,” September 2008, at http://go.worldbank.org/55NM6XlVQ0. See also, “Remarks by United Nations Secretary-General Ban Ki-Moon at a High-Level Donor Conference on Haiti (as released by the UN),” and “Statement by Ambassador Susan E. Rice, United States Permanent Representative to the United Nations, in the U.N. Security Council (as Released by the US Mission to the U.N. in New York),” Federal News Service, April 21, 2009. Congressional Research Service 2 Haiti Under President Martelly: Current Conditions and Congressional Concerns Human rights violations have been drastically reduced. Although crime and violence continued to undermine Haitian development, security improved significantly enough during this period that the United Nations Stabilization Mission in Haiti (MINUSTAH) was shifting the focus of its biggest contingent from security to development.3 Haiti’s fragile stability has been repeatedly shaken, however, if not by political problems, then by climatic ones. During this same period of relative stability, a worsening food crisis led to violent protests and the removal of Haiti’s prime minister in 2008. U.N. officials said political opponents and armed gangs infiltrated the protests and fired at U.N. peacekeepers in an effort to weaken the government. Without a prime minister, Haiti could not sign certain agreements with foreign donors or implement programs to address the crisis for over four months. There were some 19 political parties in the legislature competing for influence and positioning themselves for legislative and presidential elections, further complicating governability. And then a devastating earthquake struck the nation in January 2010, ravaging the Haitian capital of Port-au-Prince and surrounding areas.4 Political stability was especially uncertain after the disaster, due to the loss of many political figures and government officials and massive damage to government infrastructure. Some 17% of the country’s civil service employees were killed, and the presidential palace, the parliament building, and 28 of 29 ministry buildings were destroyed.5 Along with the buildings, government records were destroyed; reestablishing and expanding transparency in government spending has been particularly challenging. After yet another controversial election cycle, Peasant Response party candidate Michel Martelly, one of Haiti’s most popular entertainers, was sworn into office as Haiti’s new president on May 14, 2011, for a five-year term. When outgoing President René Préval, of the Unity party, gave him the presidential sash it was the first time in Haitian history that a peaceful, democratic transfer of power occurred between presidents of opposing parties. Much of his term to date has been characterized by gridlock between the executive and legislative branches. There is still much to be accomplished in the democratization of Haiti. Some parts of the government are not fully independent, the judicial system is weak, and corruption and political violence still threaten the nation’s stability. Haitian governance capacities, already limited, were considerably diminished by the earthquake. President Martelly said that “all problems we are facing today result from the weakness of our institutions,” and called on the international community to keep helping Haiti strengthen its institutions.6 Much of the Haitian public perceives progress in reconstruction and distribution of over $9 billion in pledged international assistance as much too slow, adding to mounting public frustration with international donors and the government. The government’s failure to hold elections that are several years overdue is contributing to unrest and public calls for Martelly’s resignation. 3 Jonathan M. Katz, “Largest UN Force in Haiti to Focus on Development,” Associated Press, April 25, 2009. 4 For more information on the earthquake, see CRS Report R41023, Haiti Earthquake: Crisis and Response, by (name redacted) and (name redact ed). 5 U.S. Department of State and U.S. Agency for International Development (AID), FY2010 Haiti Supplemental Budget Justification, p. 4. 6 Text of report by Haitian Radio Vision 2000 on 30 April, “Haitian President Returns, Calls for Unity, Seeks Strengthening of Institutions,” BBC Monitoring Americas, May 1, 2012. Congressional Research Service 3 Haiti Under President Martelly: Current Conditions and Congressional Concerns The 2010-2011 Election of President Martelly and a New Parliament7 The president, senators, and deputies are elected to serve five-year terms. The constitution limits presidents to two nonconsecutive terms. There are no term limits for the legislature, although turnover for its members has been high. The first round of both the presidential and legislative elections took place on November 28, 2010. According to the Haitian constitution, if no candidate receives an absolute majority of the vote, a runoff vote between the top two candidates is held for presidential and Chamber of Deputies seats. For Senate seats, candidates who lack an absolute majority but have at least 20% more votes than the next candidate are declared the winner. President Préval was completing his second nonconsecutive term, the maximum allowed by the Haitian constitution. Nineteen candidates vied to succeed him in the first round. Like most previous elections in Haiti, this one centered more on personalities than on parties or issues. A group of Haitian journalists, the Public Policy Intervention Group, with the support of the National Democratic Institute and the Commission on Presidential Debates, tried to encourage more substantive discussions among the presidential candidates by holding a series of debates that were broadcast nationwide. All 19 presidential candidates participated. The first round produced contested results involving the governing party’s candidate, and politically motivated violence. After the Haitian government accepted the recommendations of international observers, the dispute was resolved and the vote went to a second round between Mirlande Manigat, a professor of constitutional law and former first lady, and Michel Martelly. Martelly, a famous Haitian kompa dance musician known for his bawdy performances, and called “Sweet Micky,” was popular with young voters. Martelly, also a businessman, had personal financial issues. He defaulted on over $1 million in loans and had three properties in Florida go into foreclosure, raising questions about his financial management skills.8 Although Martelly won 68% of the votes cast in the March 20, 2011, elections, turnout was low, so those votes constituted the support of only 15% of all registered voters. Martelly, age 50, was inaugurated on May 14, 2011, for a five-year term ending in 2016. The legislative offices up for election included the entire 99-member Chamber of Deputies, and 11 of 30 Senate seats. The results of the second round of voting for legislative seats were contentious. Charges of fraud led to violent demonstrations across the country resulting in the deaths of at least two people, including the director of a hospital that was set on fire. The legislature sworn in on April 25, 2011, was incomplete: at that time the results in 19 districts had been challenged. International observers reported that the final results released by the provisional electoral council (CEP) for those districts had been changed to favor candidates associated with then-President Préval’s Inité (Unity) coalition, and demanded that all 19 results be annulled. The CEP reviewed the cases and endorsed 15 of the 19 original results; the government published the official results; and those 15 legislators were able to take their seats. It appears that the four remaining disputed seats in the chamber of deputies will be voted on in the next elections. The Inité coalition captured a majority in both houses of the legislature, so President Martelly had to negotiate with them to get his proposals passed. 7 For more in-depth discussion of the 2011 presidential and legislative elections, see CRS Report R41689, Haiti’s National Elections: Issues, Concerns, and Outcome, by (name redacted) . 8 Frances Robles, “Haiti Candidate Martelly Lost three S. Florida Properties to Foreclosure,” Miami Herald, March 7, 2011. Congressional Research Service 4 Haiti Under President Martelly: Current Conditions and Congressional Concerns Adoption of Constitutional Reforms The new legislature began to work before Martelly was sworn in, including adopting constitutional reforms that had been passed under the previous legislature, in hopes of getting them to take effect quickly. Constitutional amendments passed by two consecutive legislatures go into effect when the next president takes office. Controversy arose around the status of these amendments as well. The amendments were in a state of constitutional limbo for about a year. To become law, bills passed by the legislature must be published by the executive branch. The wording of the amendments sent to be published by the outgoing Préval Administration differed from that actually passed by the legislature, according to the State Department, so the amendments did not become law. In June 2011, Martelly stopped the altered version from being printed, and there was debate over whether the original version should be printed, or the process started anew. In June 2012, the Martelly Administration finally published the constitutional amendments that had been passed by two legislatures.9 These allowed Haitians with dual citizenship to vote and hold many government positions, including cabinet positions. This had been a sore point for Haitians in the diaspora who wanted to be able to vote, or return and serve in the government. Those with dual citizenship will still be prohibited from becoming president, prime minister, or members of either chamber of the legislature. Martelly said that leaders of the executive, legislative, and judicial branches had agreed to publish the corrected amendments, cooperation he described as a great step forward in Haiti’s democratic process.10 The amendments also included a streamlined process for creating a permanent electoral council to replace the previous method of nine sectors of government civil society naming the CEP, as had been stipulated in the 1987 constitution. Under the reformed constitution, the three branches of government—executive, judicial, and legislative—each name three members of the CEP. Despite that new process, forming an electoral council has been fraught with disputes and is a key reason why Haiti has still not held long-overdue elections. Overdue Elections Process: Delays and Disputes Under Martelly An electoral council is the entity responsible for setting dates for and organizing new elections. President Martelly fired the members of the previous CEP in December 2011. He did not begin to form a new electoral council until June 2012, even though one-third of the Senate seats expired on May 8, 2012. Elections to replace those legislators should have taken place by January 2012 at the latest, according to Haitian law. Local elections for municipal councils, town delegates, and other posts were also long overdue. Because the Senate had only 20 members since May 2012, it was more difficult to meet the 16- member quorum needed to conduct business, including naming its representatives to the CEP and passing necessary electoral laws. The Inité party lost four senators and some of its clout in that chamber. President Martelly’s Peasant Response party had no members in the Senate, and he lost about four allies there, which may explain in part why his administration had such difficulty dealing with the Senate. The government failed to meet the minister’s pledge that the elections would be held by the end of 2012; instead the process became contentious, progressed in fits and starts, and contributed to 9 Le Moniteur, Journal Officiel de la Republique d’Haiti, June 19, 2012, p. 17. 10 Joseph Guyler Delva, “Haiti Constitutional Amendments Finally Take Effect,” Reuters, June 19, 2012. Congressional Research Service 5 Haiti Under President Martelly: Current Conditions and Congressional Concerns political tensions. Thousands of Haitians took to the streets over the next couple of years to protest the failure to hold elections and to call for Martelly’s resignation. Additional concern has been raised over the Martelly Administration’s decision to replace most of the 120 mayors elected in 2006, whose terms have expired, with government appointees. According to the then-U.N. Independent Expert on the Situation of Human Rights in Haiti, Michel Forst, this decision “was met with bafflement and incomprehension on the part of the national and international communities.”11 Tensions heightened as political deadlines loomed and elections were still not organized. In December 2014, Prime Minister Laurent Lamothe (a close ally of Martelly) resigned under pressure over the government’s failure to resolve the electoral impasse between the executive and legislative branches. As Haiti entered 2015, the crisis escalated: street protests continued to grow, and the executive and legislative branches failed to reach a political compromise. The terms for another third of the Senate as well as the entire 99-seat Chamber of Deputies expired on January 12; the legislature was immediately dissolved, and President Martelly began ruling by decree. Under Haitian law, the president appoints and the legislature confirms the prime minister. In early 2015, Martelly swore in a new cabinet, including Evans Paul, a former mayor of Port-au-Prince, as his fifth prime minister, although the legislature declined to confirm Paul before it dissolved. The Haitian government subsequently took steps to address its ongoing crisis: it established a new Provisional Electoral Council (CEP)—the fifth iteration under Martelly—on January 23 and announced dates in March for local, legislative, and presidential elections in 2015. 2015 Elections The new CEP finally set about scheduling elections for 2015. They faced a difficult process: electoral council personnel were largely inexperienced in elections work, and internal procedures had to be established. The races would also be complex: the CEP deemed 166 political parties and platforms qualified to participate and 1,857 candidates qualified to run for the 20 Senate seats and 118 Chamber of Deputies seats (the latter was recently expanded from 99 seats). Among the Senate candidates is Guy Philippe, leader of the 2004 coup overthrowing President Jean-Bertrand Aristide; Philippe is wanted in the United States under sealed indictment. About 70 candidates registered to run for president. (Martelly cannot run for reelection: the Haitian constitution limits presidents to two nonconsecutive terms.) The CEP rejected about 170 candidates. The CEP did not clear former Prime Minister Laurent Lamothe and six other former government ministers to run for president and did not list its reasons. According to Haitian law, the Senate must certify that candidates have not misused government funds before they can run for office. None of the rejected candidates had received the required “discharge.” Lamothe said he requested a discharge but that Parliament was dissolved before it could issue one. He said that on May 20, 2015, a judge issued a ruling confirming that, without a functioning parliament, it is impossible to comply with the discharge requirement and that it should therefore be waived, and that his exclusion was politically motivated.12 According to another report, the superior court of auditors and administrative disputes alleged that irregularities had taken place under Lamothe’s role as minister of planning (a post he held simultaneously with being prime minister); Lamothe contested the findings. 11 Report of the Independent Expert on the Situation of Human Rights in Haiti, Michel Forst, U.N. General Assembly Human Rights Council, report A/HRC/22/65, February 7, 2013, p. 5. 12 Communications Office of Laurent Lamothe, “Elections Will Not Be Free or Fair in Haiti,” PRNewswire, June 17, 2015. Congressional Research Service 6 Haiti Under President Martelly: Current Conditions and Congressional Concerns First Lady Sophia Martelly was rejected as a Senate candidate, apparently on the basis of dual citizenship and for failing to get a discharge. Although she was not elected, she had handled public funds through a government program. President Martelly said that if his wife’s rejection was politically motivated, it could discredit the process. Others saw the action as a sign of the CEP’s independence. The protests and political tensions preceding the elections led to worries over security for the election cycle. Also fueling security concerns has been the United Nations’ reduction in the number of international troops in the country. As of June 30, 2015, the United Nations Stabilization Mission in Haiti (MINUSTAH) had decreased its military troops from 5,021 to 2,338, leaving peacekeeping troops in only 4 of Haiti’s 10 departments (slightly below the mandated level of 2,370). The Haitian government asked the U.N. Security Council to delay the plan until after elections were held, but the drawdown proceeded as scheduled. The Haitian National Police has primary responsibility for election security. First-round legislative elections. Haiti began to ease its long-term political crisis by holding the first round of legislative elections on August 9, 2015. Polling in some areas was marred by delays, disorder, low turnout—only 18% of voters cast ballots—and sporadic violence. Organization of American States (OAS) electoral observers found that such irregularities were not sufficient to invalidate the results as a whole. Nonetheless, violence and technical irregularities were severe enough that the CEP invalidated the vote in 13% of polling centers; these races were re-held in the ensuing October elections. Local observer organizations said the problems were more widespread, reporting fraud, irregularities, and violence in half of all voting centers. For the first time, according to the head of the United Nations Stabilization Mission in Haiti (MINUSTAH), Sandra Honoré, Haiti had penalized instigators of electoral violence. Electoral officials disqualified 14 candidates for engaging in or inciting violence during the elections. Some opposition parties and protesters expressed a lack of confidence in the CEP, citing election- day problems and inconsistent decisions on election outcomes. Verite, a major party backed by former President Rene Preval, said it was boycotting the October elections after the CEP barred its presidential candidate, despite reportedly admitting it had made an error.13 Nonetheless, the party won some congressional seats. A member of the CEP resigned in early October, expressing concerns about CEP’s processes and the need for “inclusive and impartial elections.”14 Runoff legislative, first-round presidential, and municipal elections. Despite those issues, the CEP managed runoff legislative elections for 18 of the 20 Senate seats and most of the 119 Chamber of Deputies seats and first-round presidential elections simultaneously with elections for 1,280 municipal administrations on October 25. There were 54 presidential candidates, most representing parties organized around personalities more than platforms. The OAS electoral observation mission called the October round a “significant improvement” over the August vote.15 The elections were relatively peaceful, and the voter turnout was higher, at about 26%. Various observers credited the Haitian National Police with improving security over the previous round. The relative calm of the election day has been followed by protests and disputes over the vote’s validity. 13 Jacqueline Charles, “Haiti Presidential Campaign Opens amid Protest,” Miami Herald, September 9, 2015. 14 Jacqueline Charles, “Haiti Election Official Resigns Ahead of Oct. 25 Vote,” Miami Herald, October 2, 2015. 15 OAS, “Preliminary Report OAS Electoral Observation Mission to Haiti,” October 26, 2015. The author was a member of the delegation. Congressional Research Service 7 Haiti Under President Martelly: Current Conditions and Congressional Concerns The CEP declared that Jovenel Moise, the candidate for Martelly’s party (the Haitian Bald Head party, PHTK) and a political novice, and Jude Celestin, who lost to Martelly in 2011, would proceed to a runoff. Moise, a relatively unknown agricultural businessman who campaigned as “The Banana Man,” garnered almost 33% of the vote, to Celestin’s 25%. Celestin was the government’s construction chief under the Préval administration. He was the government-backed candidate in the last presidential elections, and his campaign faced charges of fraud in those elections. Eight candidates calling themselves the G-8 alleged fraud, including by the government; rallied street protests; and called for an independent commission to conduct a recount. They did not file formal complaints of their charges, however. Among them is Celestin, who says he may not run in the runoff. As in August, some called for the cancellation of the elections and the formation of an interim government. Maryse Narcysse—who ran for Fanmi Lavalas, founded by former President Jean-Bertrand Aristide—placed fourth. She and another candidate—neither are part of the G-8—filed fraud complaints that were heard and resolved by the CEP, although Narcisse’s lawyer reportedly found fault with the CEP process.16 Others have joined the call for an independent recount, including religious leaders and a coalition of U.S.-based diaspora groups. A local observation group published a report with long lists of irregularities, saying that there was a “vast operation of electoral fraud.”17 The report stated that the majority of political parties were “clearly involved in the commission of violence and electoral fraud,” and that the governing party was one of the most aggressive. It also said the CEP lacked transparency in its tabulation. Still others acknowledge that irregularities occurred, but say that the opposition has failed to present evidence that they constitute orchestrated fraud, and instead continue to demand remedies outside established procedures for electoral dispute resolution. One independent national observer group expressed concern that “a group of presidential candidates have refused to take the path of formal dispute and preferred to ... demand verification of the tabulation of votes by an Independent Commission.”18 Haiti Special Coordinator Kenneth Merten has repeatedly urged candidates to use the appeals process to file complaints and evidence of fraud with the CEP.19 In December, allegations emerged that candidates paid CEP members bribes to secure places in runoffs. This further heightened tensions and demands that an independent commission be formed. Runoff presidential and local elections delayed. Just one week before they were to be held, the government postponed the runoff presidential elections scheduled for December 27. Under pressure to resolve the impasse with the opposition, President Martelly formed a five-member commission, sworn in on December 22. He said that because the commission is independent it 16 Jacqueline Charles, “Nearly Two Months After Vote, Haiti Elections Still in Dispute,” Miami Herald, Dec. 7, 2015. 17 Solidarite Fanm Ayisyen, Conseil National d'Observation Électorale, et al., “October 25, 2015 Elections: A Large Planned Electoral Fraud Operation” (in French), November 12, 2015, quotes in paragraph from pp. 2, 48-49. 18 Observatoire Citoyen pour l’Institutionnalisation de la Démocratie (OCID), “Partial Results of the Oct. 25 Elections: The Urgency to Dispel the Controversy and Defuse the Emerging Crisis,” (in French), press release no. 15, November 16, 2015. 19 Kenneth H. Merten, “Remarks by Haiti Special Coordinator Kenneth Merten - Haiti Elections, the View from Washington,” November 16, 2015, http://www.state.gov/p/wha/rls/rm/249962.htm. Congressional Research Service 8 Haiti Under President Martelly: Current Conditions and Congressional Concerns can set the scope of its investigation, but that it only has a week to do so. The CEP says it will set a date after it receives the commission’s recommendations.20 U.N. Secretary-General Ban Ki-Moon is urging that power be transferred through elections and within the constitutional time frame. According to the constitution, the newly elected legislators are to take office on January 11 and the new president on February 7, 2016. Elections for 1,280 local administrations were to be held simultaneously with the presidential runoff elections. About 38,000 candidates are participating in those races. Those are single-round political contests; a simple majority suffices to win. Now it is unclear whether the local races will still be held with the presidential runoff elections, whenever they take place, or be held separately. This would simplify the process but incur additional costs. Election funding. Experts estimated the cost to conduct three rounds of elections in Haiti to be $66 million. The U.N. Development Programme (UNDP) manages the “Basket Fund” of contributions from various donors. The Haitian government has allocated the largest portion of the funding, followed by the U.S. government. See Table 1 for the amounts pledged by international donors. Trinidad and Tobago became the first Caribbean country to make a contribution, in October. Mexico has said it would also provide a financial contribution. Table 1. Haiti Elections Budget Estimates—Assuming Three Rounds of Elections UNDP Basket Fund—Budget Estimates as of July 16, 2015 Total resources required $65,817,895 Total resources allocated $49,305,083 Government of Haiti $13,825,609 United States (USAID) 11,500,000 Canada 9,235,996 European Union 6,793,478 Japan 4,500,000 Brazil 2,000,000 Trinidad and Tobago 1,000,000 Norway 400,000 Argentina 50,000 Shortfall $16,512,812 Sources: USAID, Department of State, UNDP. Note: Pledges made at U.N. Donors Conference. Amounts for Trinidad and Tobago and Argentina announced in October 2015. That the election process has been contentious is not surprising. As Haiti has been making its transition from a legacy of authoritarian rule to a democratic government, elections have usually been a source of increased political tensions and instability in the short term. It is important to note, however, that in the long term elected governments in Haiti have contributed to the gradual strengthening of government capacity and transparency. Still, in the present circumstances, the 20 “Haiti commission installed to review electoral process,” AP, Dec. 23, 2015. Congressional Research Service 9 Haiti Under President Martelly: Current Conditions and Congressional Concerns international community has expressed concern that continual delays have exacerbated political polarization and threatened stability. Also fueling concern about security during the election cycle has been the United Nations’ reduction in the number of international troops it has in the country. As of June 30, 2015, the United Nations Stabilization Mission in Haiti (MINUSTAH) had decreased its military troops from 5,021 to 2,338, leaving peacekeeping troops in only 4 of Haiti’s 10 departments (slightly below the mandated level of 2,370). The Haitian government asked the U.N. Security Council to delay the plan until after elections were held, but the drawdown proceeded as scheduled. The Haitian National Police had primary responsibility for election security. President Martelly’s Administration During most of Martelly’s first year in office, Haiti was without a prime minister, which severely limited the government’s ability to act and the international community’s ability to move forward with reconstruction efforts. Martelly was not able to form a government for almost five months because of disputes with a parliament dominated by the opposition Inité coalition over his first two nominees for prime minister. Dr. Garry Conille, a senior U.N. development specialist and former aide to then-U.N. Special Envoy to Haiti Bill Clinton, was confirmed as prime minister on October 4, 2011. Conille lasted only four months in the position, after which he was reportedly pressured by President Martelly to resign in part because of disagreements over an investigation of $300 million-$500 million in post-earthquake contracts linked to Martelly and former Prime Minister Jean-Max Bellerive. Bellerive, now an adviser to Martelly, and also his cousin, said he was the victim of a smear campaign.21 Authorities in the Dominican Republic are also investigating corruption allegations linked to President Martelly. According to Dominican journalist Nuria Piera, a company owned by Dominican Senator Felix Bautista was awarded a $350 million contract for reconstruction work in Haiti, despite not meeting Haitian procurement requirements. Bautista allegedly gave over $2.5 million to President Martelly before and after he won the election. Martelly has denied the charges.22 After the first prime minister resigned, another three months went by before a new prime minister was confirmed. Laurent Lamothe, Martelly’s foreign affairs minister and a former telecommunications executive, was named prime minister in May 2012. Parliament approved his cabinet and government plan soon thereafter. The cabinet included two new posts: one minister to address poverty and another to support farmers.23 Because Martelly and much of his team—reportedly mostly childhood friends—lack political or management experience, many observers are concerned about the president’s ability to carry out his promises of free and compulsory education, job creation, agricultural development, and strengthened rule of law. That political inexperience may have contributed to the gridlock and animosity between Martelly’s administration and the parliament that have characterized Haitian politics since he took office. His justice minister resigned after police violated the immunity legislators have and arrested a legislator who had allegedly escaped from jail. Legislators 21 Associated Press, “Martelly Denies Kickback in Construction Firm Scandal,” Jamaica Gleaner, April 4, 2012. 22 Associated Press, “Martelly Denies Kickback in Construction Firm Scandal,” op. cit., and “DR-Haiti Contracts Scandal,” Caribbean Update, May 1, 2012. 23 Associated Press, “Haiti’s New Prime Minister Says New Mining Legislation Being Drafted to Benefit Country,” Washington Post, May 15, 2012. Congressional Research Service 10 Haiti Under President Martelly: Current Conditions and Congressional Concerns responded by blocking many of Martelly’s legislative proposals, and opening an investigation into whether he held U.S. citizenship, which would make him ineligible for office. International donors, including the United States, have been working with the Haitian government at all levels to rebuild government infrastructure, support the development of transparency and accountability within government institutions, and broaden and strengthen the provision of public services. International assistance continues to professionalize and strengthen the Haitian National Police force and reform other elements of Haiti’s weak judicial system. Donors also are training Haiti’s public sector workforce so that it will eventually be able to coordinate and carry out development programs. In late 2011, the Haitian government adopted a “Roadmap for the Rule of Law,” created with support from MINUSTAH, outlining short-, middle-, and long-term actions to develop and guarantee the rule of law in Haiti. Martelly began several other initiatives during his first year. He inaugurated a housing loan program and appointed advisers to an earthquake recovery panel. He launched a free education initiative being funded through taxes on phone calls and wired remittances from abroad. Critics express concern that the fund lacks transparency and a clear policy.24 In May 2012 the government launched a program in which it transfers cash credits of up to $20 a month to mothers who keep their children in school. The program initially was to benefit 100,000 families in four of Port-au-Prince’s poorest neighborhoods, and then extend nation-wide by year’s end.25 In May 2012 the president also launched two health initiatives in the government’s Office of Workers’ Compensation Insurance, Illness, and Maternity. He opened a new physiotherapy department, supported by the French Red Cross. He also announced a pilot program that will give about 500 workers, including 100 in the informal sector, free health insurance cards facilitating access to health care. Martelly stated that “we are fighting for all of Haiti to fully enjoy its right to health by the end of my term.”26 President Martelly named three members to the Supreme Court, including its president. The latter post had been vacant for six years. According to the State Department, this is the first time in over 25 years that Haiti has those three branches of government in place.27 As mentioned above, Martelly, the legislature, and the court finally agreed on the nine new electoral council members needed to organize overdue elections in April 2013. The publication of the constitutional amendments was supposed to have made that process easier to accomplish. The amendments also created a high council to conduct administrative management of the judicial branch, and a constitutional court to resolve disputes between the executive branch and the parliament. The amendments also require that at least 30% of government posts be held by women.28 In July 2012 then Prime Minister Lamothe visited Washington, DC, meeting with then Secretary of State Hillary Clinton. Clinton noted that she had made Haiti “a foreign policy priority” when she came into office, and has been committed to “building the capacity of the Haitian government and the Haitian society so they can have the means and the experience and the expertise to solve 24 Jacqueline Charles, “Martelly Marks 100 Days in Haiti with Little Progress,” Miami Herald, August 22, 2011. 25 “Haiti to Pay Mothers School Incentives via Mobile,” BBC News, May 28, 2012. 26 Caribbean Journal staff, “Haiti’s Martelly Opens Therapy Centre, Launches Insurance Card Init