(2011) CRS - Élections nationales en Haïti : enjeux, préoccupations et résultats
Resume — Ce rapport du Service de recherche du Congrès américain analyse les élections nationales haïtiennes de 2010-2011, y compris les courses présidentielles et législatives. Il aborde les enjeux et les préoccupations entourant les élections et la gouvernance post-électorale, notamment la surveillance des élections, la légitimité, la reconstruction, la sécurité et le retour des anciens dirigeants.
Constats Cles
- Les élections haïtiennes de 2010-2011 ont été marquées par des tensions politiques, de la violence et des allégations d'irrégularités.
- La mission d'observation électorale de l'OEA a signalé des améliorations au deuxième tour des élections.
- Le président Martelly a rencontré des difficultés à former son administration en raison de l'opposition législative.
- Le retour des anciens dirigeants Jean-Claude Duvalier et Jean-Bertrand Aristide a ajouté à l'instabilité politique.
- Les efforts de reconstruction et la gestion de l'aide étrangère restent des enjeux cruciaux à long terme.
Description Complete
Ce rapport du Service de recherche du Congrès américain examine les élections nationales de 2010-2011 en Haïti, en se concentrant sur les courses présidentielles et législatives. Il détaille le contexte des élections, les premier et deuxième tours de scrutin, ainsi que les enjeux et les préoccupations qui ont surgi pendant et après le processus électoral. Le rapport aborde également les défis du nouveau gouvernement élu, notamment la formation d'une administration, la gestion des amendements constitutionnels et la gestion du processus complexe de reconstruction post-séisme. Il explore en outre les questions à court terme telles que la surveillance des élections et la légitimité du processus, ainsi que les questions à long terme telles que la reconstruction, la sécurité, les droits de l'homme et le retour d'anciens dirigeants comme Jean-Claude Duvalier et Jean-Bertrand Aristide.
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CRS Report for Congress
Prepared for Members and Committees of Congress
Haiti’s National Elections: Issues, Concerns,
and Outcome
-name redacted-<><>
Specialist in Latin American Affairs
July 18, 2011
Congressional Research Service
7-....
www.crs.gov
R41689
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service
Summary
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. Congress views the
stability of the nation with great concern and commitment to improving conditions there. The
Obama Administration considers Haiti its top priority in the Latin American and Caribbean
region. Both Congress and the international community have invested significant resources in the
political, economic, and social development of Haiti, and have closely monitored the election
process as a prelude to the next steps in Haiti’s development. For the past 25 years, Haiti has been
making the transition from a legacy of authoritarian rule to a democratic government. Elections
are a part of that process. In the short term, elections have usually been a source of increased
political tensions and instability in Haiti. In the long term, elected governments in Haiti have
contributed to the gradual strengthening of government capacity and transparency.
Haiti has concluded its latest election cycle, although it is still finalizing the results of a few
legislative seats. The United States provided $16 million in election support through the U.S.
Agency for International Development (USAID). Like many of the previous Haitian elections, the
recent process has been riddled with political tensions, violence, allegations of irregularities, and
low voter turnout. The first round of voting for president and the legislature, held on November
28, 2010, was marred by opposition charges of fraud, especially in the presidential race. The
Haitian government asked the Organization of American States (OAS) for help and delayed
releasing final results, while the OAS team of international elections experts investigated and
verified the process. On February 3, following the OAS team’s recommendations, the Haitian
Provisional Electoral Council (CEP) reversed their original finding by eliminating Jude Celestin,
the governing party’s candidate, from the race by a narrow margin. Instead, Michel “Sweet
Micky” Martelly, a popular singer, proceeded to the run-off race against Mirlande Manigat, a
constitutional lawyer and university administrator.
After months of dispute, the second round of elections took place on March 20. The OAS
electoral observation mission reported that the second round was more organized, transparent,
and peaceful than the first. When final results were announced, controversy again erupted, this
time over legislative races. The CEP’s final tallies changed the outcome in favor of the ruling
Inite party for 19 legislative districts. Under pressure from the public and the OAS mission, the
CEP eventually reverted to 15 of the 19 original results; four seats in the chamber of deputies are
still to be decided. The outcome of the presidential race was not challenged, and Michel Martelly
was sworn into office peacefully on May 14. Local elections are due to be held, but haven’t yet
been scheduled.
President Martelly is having difficulty forming his administration. The legislature passed several
constitutional amendments in a flurry of activity in its first three weeks. Since then it has focused
on the selection of a prime minister. The majority Inite parliament blocked Martelly’s first choice,
and over half of the Senate asked him to rescind his second candidate.
In addition to ongoing issues regarding the legitimacy of the March 20 elections, other questions
have raised concerns within the international community and Congress. These include the
destabilizing presence of former dictator Jean-Claude “Baby Doc” Duvalier and former President
Jean-Bertrand Aristide, and the newly elected government’s ability to handle the complex post-
earthquake reconstruction process and its relationship with the donor community.
Haiti’s National Elections: Issues, Concerns, and Outcome
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Contents
Introduction ................................................................................................................................1
Background to the Recent Elections ............................................................................................1
The Presidential Race............................................................................................................3
The First Round of Voting...............................................................................................3
The Final Round of Voting ..............................................................................................6
The Legislative Race.............................................................................................................8
The First Round ..............................................................................................................8
The Final Round of Voting: Amid Controversy an Incomplete Legislature is
Sworn In......................................................................................................................8
Local Elections Still to be Held .............................................................................................8
The Newly Elected Government..................................................................................................9
President Martelly.................................................................................................................9
The Legislature.....................................................................................................................9
Issues and Concerns Regarding Elections and Post-Election Governance...................................10
Short-term Issues ................................................................................................................ 11
Election Monitoring...................................................................................................... 11
Concerns about the Electoral Process ............................................................................ 11
The Provisional Electoral Council.................................................................................13
Legitimacy....................................................................................................................14
Long-term Issues.................................................................................................................14
Reconstruction and the Management of Foreign Assistance...........................................14
Security and Human Rights...........................................................................................15
Stability and the Return of Former Leaders...................................................................16
Outlook.....................................................................................................................................17
Tables
Table B-1. Representation of Political Parties in Haitian Senate.................................................19
Table B-2. Representation of Political Parties in Haitian Chamber of Deputies ..........................19
Appendixes
Appendix A. U.S. Elections Assistance......................................................................................18
Appendix B. Make-up of the Parliament....................................................................................19
Contacts
Author Contact Information ......................................................................................................20
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 1
Introduction
Congress views the stability of Haiti with great concern and commitment to improving conditions
there. Both Congress and the international community have invested significant resources in the
political, economic, and social development of Haiti, and closely monitored the conduct of the
2010-2011 elections as a prelude to the next steps in Haiti’s development.
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. De facto military rule, coups and thwarted attempts at
democratic elections continued until a provisional civilian government conducted what was
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 the short term, elections have usually been a
source of increased political tensions and instability in Haiti.
In the long term, elections in Haiti have contributed to the slow strengthening of government
capacity and transparency. 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. Human rights violations have been drastically reduced. Despite
controversy over some aspects of the 2006 elections, Préval was accepted as the legitimate head
of state by Haitians and the world community, and oversaw a period of economic growth and
relative internal political stability before a devastating earthquake struck the nation in January
2010.
There is still much to be accomplished. 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. Poverty is massive and deep, and there is extreme economic disparity between a
small privileged class and the majority of the population.
The United States and other members of the international community continue to support efforts
to hold free and fair elections in Haiti in the belief that in the long run they will contribute to
improved governance and, eventually, improved services to Haitian citizens and greater stability
which will allow for increased development. Congress has given bipartisan support to this policy
approach.
Background to the Recent Elections
The road to democratic development has been bumpy, and the international community became
increasingly involved in trying to keep Haiti on that road. Aristide was overthrown in a military
coup eight months after he was inaugurated. For three years, the coup leaders resisted
Haiti’s National Elections: Issues, Concerns, and Outcome
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international demands that Aristide be restored to office. Only when faced with a U.S. military
intervention did the regime relent. Aristide returned 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 when Aristide was succeeded by Rene Préval.
Subsequent elections held under Presidents Aristide and Préval, both of whom served two non-
consecutive terms,
1
were marred by alleged irregularities, low voter turnout, and opposition
boycotts. Some election conflicts left Haiti without a fully functioning government, as when most
of the legislators’ terms expired in 1999 without elections being held to replace them. President
Préval then ruled by decree for the remaining two years of his first term. The international
community, including an OAS mission, tried in vain for several years to mediate negotiations
between the Aristide government and the opposition over the elections in which Aristide was
reelected in 2000. Tension and political violence continued throughout Aristide’s second term,
culminating in his flight into exile in 2004, after the refusal of the opposition to negotiate, an
armed rebellion, and loss of international support. There were numerous allegations that Aristide
was involved in drug trafficking and other corrupt activities. An interim civilian government was
formed and oversaw elections in 2006 in which Préval, after a dispute over the vote calculation,
was elected to a new term.
Since the earthquake that ravaged the Haitian capital of Port-au-Prince and surrounding areas on
January 12, 2010, political stability has been especially uncertain, due to the loss of many
political figures and government officials, massive damage to government infrastructure, and
mounting frustrations at what is widely perceived as slow progress in reconstruction and
distribution of over $9 billion in pledged international assistance. An outbreak of cholera has
further complicated the situation.
At stake in the recent election process were the offices of President, the entire 99-member
Chamber of Deputies, and 11 of 30 Senators. The newly elected officials will be responsible for
directing reconstruction efforts. Many observers therefore believe that it was especially important
that these elections be conducted fairly, so that the new government be accepted as legitimate by
both the Haitian public and international donors, including the United States, who are providing
technical and financial support to the election process. The Obama Administration, which
considers Haiti its top priority in the Latin American and Caribbean region, provided $16 million
in election support through the U.S. Agency for International Development (USAID). (See
Appendix A for details on U.S. elections assistance to Haiti.) The UN Stabilization Mission for
Haiti (MINUSTAH) provided security and technical support for the process.
Parliamentary elections had originally been scheduled for February 28, 2010, but were postponed
because of the earthquake. The terms of all of the Chamber of Deputies and of one-third of the
Senate expired on May 10, 2010. Because elections were not held before then, the legislature
ceased to function as a whole. Normally, the legislature must approve federal procurement
contracts and authorize spending. Before it adjourned, however, the legislature passed a State of
Emergency law in April 2010 giving the executive branch those and other broad powers for 18
months, to October 2011. The date mandated in the constitution for any president’s inauguration
1
Jean Bertrand Aristide served as President in Haiti from February through September 1991; 1994-1996; and 2001-
2004. Rene Préval has served as President from 1996-2001; and 2006-2011 (term extended until May 14).
Haiti’s National Elections: Issues, Concerns, and Outcome
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is February 7 (the anniversary of Duvalier’s flight into exile). Because of the delays caused by the
earthquake, and the difficulty of organizing elections following such a disaster, the legislature
also authorized the extension of Préval’s term to May 14, if necessary.
The President, Senators, and Deputies are elected to serve five-year terms. The constitution limits
presidents to two non-consecutive 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 Deputy 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.
The Presidential Race
President Préval was completing his second non-consecutive 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 around personalities more than 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 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. Michel Martelly was declared the winner and was
inaugurated on May 14.
The First Round of Voting
The top three candidates, according to polls before the first round, were Mirlande Manigat, Jude
Celestin, and Michel “Sweet Micky” Martelly.
2
Manigat is a Vice Rector and professor of constitutional law at the private Université Quisqueya
in Port-au-Prince. She is a former Senator and First Lady—her husband Leslie Manigat was
elected in 1988 in elections held under a military regime, and overthrown four months later.
Mirlande Manigat describes herself and her Rassemblement des Democrates Nationaux (RDNP ,
Assembly of Progressive National Democrats) party as center-left, or as “capitalist with a human
face,” in the tradition of Brazil’s moderate leftist President Lula da Silva.
3
Some other analysts
regard her as more of a conservative.
Jude Celestin, a technocrat, was little known before Préval chose him to run as his successor on
the ticket of the Inite (Unity) party created by the President. As Director of the National
Equipment Center, Celestin oversaw the construction of hundreds of miles of roads that made
remote villages and farmlands accessible. He was reportedly described by many as an extremely
focused workaholic. Questions had arisen about his background: he claimed an engineering
2
It is important to note that polls have been historically unreliable in Haiti.
3
Time, “The Woman Who Would be Haiti’s New President,” November 15, 2010.
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degree from the Swiss Ecole Polytechnique de Lausanne, which reportedly has no records of his
attendance or graduation, and he has four properties in Florida in foreclosure.
Polling at a distant third was Michel Martelly, a famous Haitian kompa dance musician, known
for his bawdy performances, and popular with young voters. He acknowledges his political
inexperience, but said he would seek expert international advice to guide him in developing
foreign investments and tourism to stimulate the economy. Martelly, also a businessman, has
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.
4
Of the 16 remaining candidates, eight were former government officials. Most prominent among
them were: Jacques-Edouard Alexis, prime minister under Préval who was dismissed in 2008 by
the legislature following violent protests over high food and cost-of-living prices; Yvon Neptune,
prime minister under former President Jean-Bertrand Aristide; and Leslie Voltaire, an urban
planner who has served as Minister of Education, and of Haitians Living Abroad, as Chief of
Staff to Aristide, advisor to Préval, and a coordinator for the government’s reconstruction
planning.
Both international and domestic election observers said that November’s election day was
“marred by disorganization, dysfunction, various types of irregularities, ballot stuffing and
incidents of intimidation, vandalism of polling stations and violence.”
5
These problems were
reported throughout the country, but were most prevalent in the capital of Port-au-Prince.
According to the OAS observation team,
More subversive of the process was the toxic atmosphere created by the allegations of
“massive fraud”. The JEOM [OAS /Caribbean Community Joint Election Observation
Mission]observed instances where even before the voting started, any inconvenience or small
problem led to the immediate cry of fraud. Such conduct continued during the day.
6
The Joint Election Observation Mission concluded that the irregularities, “serious as they were,”
did not necessarily invalidate the electoral process. Several Haitian civil society groups and
election observation groups presented their reports to the OAS mission; although they gave a
“scathing indictment of the shortcomings, irregularities and fraud that tarnished” the elections,
they did not call for the elections to be cancelled.
7
(See “Election Monitoring” below for further
information on the observation process.)
Some critics, including some Members of Congress, called for the elections to be annulled and
new elections to be held, and criticized the OAS electoral mission for having a pro-government
bias.
8
Some critics continued to charge that former President Aristide’s Lavalas party had been
4
Frances Robles, “Haiti candidate Martelly lost three S. Florida properties to foreclosure,” Miami Herald, March 7,
2011.
5
Organization of American States, Report of the OAS-Caricom Joint Electoral Observation Mission on the First Round
of the Presidential and Legislative Elections of 28 November 2010 in Haiti, February 2011, p. 4.
6
Organization of American States, OAS-CARICOM Joint Electoral Observation Mission on Haiti’s Presidential and
Legislative Elections of 28 November 2010, press release E-461-10, November 29, 2010, http://www.oas.org/en/
media_center/press_release.asp?sCodigo=E-461/10.
7
Organization of American States, Report of …February 2011, op. cit, p. 7.
8
See, for example, Congressional Black Caucus Task Force on Foreign Policy and International Affairs, “Statement on
Haiti Elections and OAS Report,” press release, February 1, 2011, as reprinted by Center for Economic and Policy
Research, http://www.cepr.net/index.php/blogs/relief-and-reconstruction-watch/congressional-black-caucus-statement-
(continued...)
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 5
excluded from the current elections, although according to the Provisional Electoral Council
(CEP), the Haitian government body responsible for organizing the elections, and the OAS, no
Lavalas faction submitted the document required to register its legislative candidates as the ones
authorized to represent the Lavalas party. Furthermore, no faction of Lavalas submitted any
candidate for the presidential elections. Many former Lavalas members ran under other parties’
banners.
Contested Results And An Impasse
On December 7, 2010, the CEP announced preliminary results. Voter turnout was a historically
low 22.8% of registered voters. The reported tally for President was 31.37% of votes cast for
Mirlande Manigat, 22.48% for Jude Celestin, and 21.84% for Michel Martelly. Although it
appeared that all but one legislative race would need to proceed to a second round as well, the
most controversy surrounded the presidential results. The U.S. Embassy stated that it was
“concerned” by official preliminary results that were “inconsistent with the published results” of
various domestic and international observers.
9
The CEP’s announcement was followed by three
days of violent protests, with Martelly supporters charging that fraud had put Celestin ahead, and
that their candidate should have placed second. Tensions continued, as various actors called for
action across a range of options, including but not limited to, accepting the preliminary results,
sending the top three candidates to a run-off (although the constitution calls for only the top two
candidates to proceed), holding new elections, or re-counting the ballots.
Investigations And Revised Results
Negotiations between the OAS and the Haitian government ensued, resulting in the OAS sending
a team of election experts to Haiti on December 30, 2010, to verify the results of the presidential
election. The team conducted a statistical analysis of a national random sample of the vote count,
finding that as voter participation rates rose above the national average of about 23%, so also rose
the probability of serious irregularities.
10
The expert mission then reviewed the result sheets from
all polling places where participation rate was 50% or higher and a single candidate garnered 150
votes or more, and from all polling places where the participation rate was greater than 100%.
Using criteria established in Haitian electoral law, the expert mission recommended that votes
from some of these polling places be excluded from the final tally. Some votes for all the
candidates were excluded because of irregularities; the top three candidates had by far the most
votes excluded. The revised tally reversed the second and third place candidates, giving Martelly
22.2%, and Celestin 21.9% of the vote, still less than one percent difference between the two.
Manigat remained in first place with 31.6% of the vote.
(...continued)
on-elections. See also James Morrell, “Haiti-Elections: Send this mission packing,” AlterPresse, January 5, 2011; some
of the “facts” in this article are, by the author’s own account, “incomplete” and “unconfirmed.”
9
Embassy of the United States, Dept. of State, “Statement by the Embassy of the United States Following the
Publication of Results of the November 28 National Elections by the CEP,” press release, December 7, 2010,
http://haiti.usembassy.gov/press-releases-2012/untitled6.html.
10
Information and quotes in this section on the expert mission’s findings are from: Organization of American States,
Expert Verification Mission of the Vote Tabulation of the November 28, 2010 Presidential Election in the Republic of
Haiti, Final Report, Port-au-Prince, Haiti, January 13, 2011.
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Although the expert mission said that, “By any measure, these were problematic elections,” it
ruled out the option of conducting a new national election. Because the irregularities most
affected the top three candidates, the mission concluded that “a new election would involve more
contests and candidacies than the evidence warranted.” The mission made recommendations for
improving the process in the second round, including improving poll worker training, creating a
more transparent and consistent verification process at the central vote tabulation center, and
replacing poll workers at locations where irregularities occurred.
The expert verification mission submitted its report to then-President Préval on January 13, 2011.
Préval was reported to be displeased with some of the team’s methodology, what was seen as its
usurping of the CEP’s role, and that the report had been leaked. Some advocacy groups and other
critics also objected to their methodology.
11
Other long-time Haiti observers said that there was
“no reason to question its impartiality and seriousness of purpose.”
12
Worried that Préval would insist on his candidate advancing to the second round, the United
States and other major donors applied pressure on the Préval Administration to accept the OAS
recommendations. The State Department revoked some Haitian officials’ visas, and warned it
might review U.S. aid to Haiti if the recommendations were ignored. Secretary of State Hillary
Clinton traveled to Haiti January 30, saying that the U.S. was not about to cut off aid, but she
pressed President Préval to accept the OAS recommendations. Préval sent the report to the CEP
on January 18 for implementation. The CEP said that it would implement the technical
recommendations for improving the second round, and take the recommendation regarding the
second and third place candidates into consideration as it resumed the dispute resolution phase of
the electoral process that had been suspended during the verification process. Tension continued
as observers wondered whether the CEP would accept or reject the OAS recommendations.
A second OAS team of legal experts accompanied the CEP’s disputes and challenges phase and
the adjudication of complaints. Concluding that phase, the CEP released the final presidential and
legislative election results on February 3, accepting that Mirlande Manigat and Michel Martelly
would proceed to the second round of presidential elections. The public response was calm. The
candidates resumed campaigning on February 17.
The Final Round of Voting
The final round of voting for president and the legislature was held on March 20, 2011. Mirlande
Manigat was still the frontrunner in early March, although a poll by Haiti’s private sector showed
Michel Martelly pulling ahead by March 9.
13
The extremely popular Haitian-born hip-hop
musician Wyclef Jean, who was ruled ineligible to run for president himself because he did not
meet Haitian residency requirements, threw his support behind Martelly.
11
See, for example, Mark Weisbrot and Jake Johnston, Analysis of the OAS Mission’s Draft Report on Haiti’s Election,
Center for Economic and Policy Research, Issue Brief, January 2011, http://www.cepr.net/documents/publications/
haiti-oas-analysis-2011-01.pdf.
12
Editorial, “Haiti’s decision,” Miami Herald, February 3, 2011.
13
Mateos, March 4, 2011, op.cit.; and Jacqueline Charles, “Manigat, Martelly kept to script in rare debate for Haiti
presidency; Haiti presidential candidates offered little clarity on policies Wednesday in a televised presidential debate,”
Miami Herald, March 9, 2011.
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Political tensions had initially decreased following the announcement of the second-round
presidential candidates. On March 8, however, three men putting up posters in support of Manigat
were found dead, showing signs of mutilation, suggesting that political tensions could still erupt
at any moment.
Asked what her priorities were, Mirlande Manigat echoed a common feeling that “everything is a
priority.”
14
She went on to say that her immediate priorities would be solving the cholera problem
and addressing the situation of displaced Haitians living in camps. In terms of long-term
development, she said that education is key as a tool for development and for reducing frustration
among Haiti’s youth. She also said that Haiti’s “very unacceptable” social inequalities required
profound changes to reduce social volatility. Opponents disparage her age (she is 70) and criticize
her for being more comfortable speaking in French than Creole and for being removed from
Haiti’s impoverished masses. In her later campaign stops, she addressed Haitian crowds and press
in Creole, and appeared in a Port-au-Prince slum.
15
Michel Martelly, age 50, also emphasizes education, along with agricultural production and the
importance of family. He said his campaign was “to bring joy, to bring music, to bring love, to
bring peace, prosperity, development and change in every corner of the country of Haiti.”
16
Critics raised concern about his lack of education (he does not have a college degree) and lack of
political or institutional management experience, and his personal financial problems. Martelly,
who often performs in outlandish costumes, was trying to shift his image, and started wearing
three-piece suits. He also hired a Spanish public relations firm to handle his campaign.
The OAS-CARICOM electoral observation mission reported that the second round of elections
were “quite an improvement in many ways on the first round,” characterizing them as more
peaceful and better organized.
17
The mission acknowledged that were still problems and some
violence, but said that the Provisional Electoral Council had taken effective measures to correct
problems, and the Haitian National Police had coordinated more closely with MINUSTAH and
taken more actions to prevent violent disruptions of the process.
Preliminary results were expected by March 31, but the CEP said it delayed their release until
April 4 because of irregularities. The CEP announced final results April 16 and declared Martelly
the winner. Martelly received almost 68% of the votes cast to Manigat’s 32%. The presidential
election results were accepted without dispute, unlike the legislative results (see below for more
details).
Voter turnout was even lower than the first round’s 22.8%, however, so the 716,989 votes cast for
Martelly constitute only 15% of the 4.7 million registered voters. Both previous presidents were
elected with stronger mandates. Aristide received over 1 million votes in 1990, and Préval
received almost 1 million votes in 1995, when the pool of registered voters was only 3.5
million.
18
14
Trenton Daniel, “Professor, first lady and ( maybe) president,” Miami Herald, February 13, 2011.
15
Jacqueline Charles, “Campaign opens for Haiti’s presidential runoff,” Miami Herald, February 21, 2011.
16
Jacqueline Charles, Feb. 21, 2011, op.cit.
17
Organization of American States, “Press statement on the second round of presidential and legislative elections in
Haiti,” press release E-580/11, March 21, 2011.
18
“Martelly has the X factor,” Latin American Weekly Report, Latin American Newsletters, April 7, 2011, p. 2 (for all
figures in this paragraph).
Haiti’s National Elections: Issues, Concerns, and Outcome
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The Legislative Race
19
The legislative offices up for election included the entire 99-member Chamber of Deputies, and
11 of 30 Senate seats.
The First Round
While some critics charged that fraud had been used to advance Inite legislative candidates in the
first round, the mandate of the OAS election expert mission brought in to help resolve the first
round dispute was only to examine the presidential results, not the legislative ones. The CEP
handled legislative disputes and challenges and the adjudication of complaints, and was
accompanied during this phase by the second OAS team of legal experts. The legal expert
mission “observed with satisfaction” that legislative candidates submitted a large number of
complaints, “demonstrating that grievances can be effectively addressed by rule of the law
procedures.”
20
In the Senate, four races were determined by the first round, seating three Inite and one Altenativ
candidate. Seven contests proceeded to a second round, with seven Inite candidates facing
candidates from three other parties. In the Chamber of Deputies, Préval’s party won or proceeded
to runoffs in 68 of the 99 races.
The Final Round of Voting: Amid Controversy an Incomplete Legislature is
Sworn In
The results of the second round of voting for legislative seats were contentious. Charges of fraud
led to violent demonstrations across the country and 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 was incomplete: the results in 19 districts were challenged.
International observers reported that the final results released by the CEP for those districts had
been changed to favor candidates associated with Préval’s Inite 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 the legislators were able to take their seats. Four
seats in the chamber of deputies are still to be decided. President Martelly has said he will address
the issue once his cabinet is in place.
Local Elections Still to be Held
Local elections for municipal councils, town delegates, and other posts are due to be held as well.
USAID’s post-disaster election assessment suggested they be held in mid-2011. So far there is no
date scheduled to hold them.
19
Official results from Conseil Electoral Provisoire, at http://cephaiti2010.org/. Translated by author.
20
Organization of American States, Report of …February 2011, op. cit, p. 8.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 9
The Newly Elected Government
President Martelly
Michel Martelly was sworn into office as Haiti’s new President on May 14, 2011. When outgoing
President Rene Préval 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.
Martelly’s lack of political or management experience causes concern among many observers
about the former carnival performer’s ability to carry out his promises of free and compulsory
education, job creation, agricultural development, and strengthened rule of law. Martelly’s close
connections to supporters of the Duvalier dictatorship (1957-1986) and perpetrators of the 1991
military coup that overthrew Haiti’s first democratically elected president raise concerns among
some critics that he may have autocratic leanings. Some Haitians said they saw a vote for him as
a rejection of the traditional political class and of what they viewed as Préval’s lackluster
approach to reconstruction after the earthquake.
Before he was sworn in, President-elect Martelly met with Secretary of State Hillary Clinton in
Washington. Clinton endorsed Martelly, and made suggestions as to how his government could
speed the pace of reconstruction. These included simplifying the transfer the ownership of state-
owned land for affordable housing, and streamlining the currently cumbersome process of
starting a new business in Haiti. Martelly called the reconstruction process “despairingly slow”
and asked for a restructuring of foreign aid.
21
Martelly is having difficulty forming his new government. The parliament rejected his first
nominee for prime minister, an economist and businessman named Daniel Rouzier. The President
has proposed another candidate, but is not faring well with that choice, either. Martelly’s second
nominee is Bernard Gousse, who was justice minister under the interim government that followed
the violent ouster of then-President Jean-Bertrand Aristide in 2004. Human rights groups accused
Gousse of persecuting Aristide supporters during his tenure. Concern over his record led 16 of 30
senators to petition Martelly to rescind Gousse’s nomination, with some alleging that several
sitting members of both houses of parliament were victims of Gousse’s arbitrary arrests and
detentions.
22
A Haitian law firm subsequently asked the legislature to investigate Gousse, alleging
he is also guilty of being “an accomplice to murder” while he was justice minister.
23
Martelly is
still finalizing the list of other cabinet ministers.
The Legislature
The new legislature began to work three weeks before Martelly was sworn in, as winners of the
uncontested legislative races were sworn in and convened on April 25.
21
Lesley Clark and Jacqueline Charles, "Haiti's Martelly meets with Clinton during first visit to Washington since
election," The Miami Herald, April 20, 2011.
22
"Haiti president confident second PM passes," AP, July 10, 2011, and "Haiti leader tries again with second PM-
designate," Reuters News, July 6, 2011.
23
"Haiti law firm files for probe against PM pick," AP, July 15, 2011.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 10
The legislature immediately considered constitutional reforms that had been passed under the
previous legislature, so that they could go into effect this year. Constitutional amendments passed
by two consecutive legislatures go into effect when the next president takes office. Both chambers
approved an amendment allowing dual citizenship, a big issue among the Haitian expatriate
community, some of whom were ruled ineligible to run for office by the previous prohibition
against dual citizenship. Other amendments passed include provisions providing for an increase
in women’s representation in public administration, and creating a Constitutional Council to
review the constitutionality of laws. Controversy has arisen around the status of these
amendments, which Martelly has said he will also address once his government is formed.
24
Haitian political parties tend to be platforms more for individuals than for clear agendas, leading
to a proliferation of many, often short-lived parties. This is reflected in the distribution of parties
within each chamber. There are seven parties in the Senate, which has 30 seats, and 17 parties in
the Chamber of Deputies, which has 99 seats. (See Appendix B for the distribution of seats
among parties in the legislature.) The Inite coalition captured a majority in both houses of the
legislature, so President Martelly will have to negotiate with them to get his proposals passed.
The nature of Haitian political parties also contributes to the low re-election rate in the Haitian
parliament. Of the 99 contested seats in the Chamber of Deputies, about 25 went to incumbents.
One former Deputy won a seat in the Senate.
The leaders of the two chambers have varying amounts of previous legislative experience. The
President of the Chamber of Deputies, Sorel Jacinthe, is serving his third term in the lower
chamber. He immigrated to New York in 1979; he began college studies at the University
Maryland, and finished them in Haiti when he returned there in the late 1980s. The President of
the Senate, Jean Rodolphe Joazile, was a member of the Senate in 2000, and served as Treasurer,
but resigned in 2001. He was a captain in the Haitian army, and, according to the State
Department, studied at the former U.S. Army School of the Americas in Fort Benning, Georgia.
Since the flurry of activity passing amendments between their installation and that of the
president, the legislature has focused primarily on consideration of a new prime minister.
Issues and Concerns Regarding Elections and Post-
Election Governance
The concerns over this particular election cycle in Haiti are shared by the international donor
community, Congress, and the Obama Administration. Each group is deeply concerned about the
political stability of the government, its ability to move forward with a clearly defined plan for
the reconstruction and development of post-earthquake Haitian society, and the effectiveness of
the foreign aid each provides. In the long term, elections in Haiti have contibuted to the slow
24
The amendments are in a state of constitutional limbo. 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, and there are no constitutional provisions for
correcting such errors, according to the State Department, so the amendments have not yet become law.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 11
strengthening of government capacity and transparency. In the short term, elections have usually
been a source of increased political tensions and instability.
Short-term Issues
Election Monitoring
The Organization of American States (OAS) /Caribbean Community (CARICOM) Joint Election
Observation Mission was the only major international monitor of the recent election process. The
mission had long-term observers on the ground since August 3, 2010. By November 19, 2010, it
had 68 observers dispersed across Haiti’s 10 departments (political subdivisions).
25
It deployed
more observers the week leading up to and on the November 28 election day, when there were
118 observers. The joint mission has been observing the various phases of the electoral process,
and will continue to do so until all official results of the second round elections are finalized. The
mission has met regularly with the Provisional Electoral Council, making suggestions based on its
observations. It has also met with political parties, passing on their concerns to the CEP as well.
Some people believed there should have been more long-term international observers, but donors
thought that given the difficulty in logistics posed by post-earthquake conditions, and Haiti’s
relatively small size, the single, smaller mission would suffice. The OAS deployed 200 observers
for the March 20 second round elections.
Some observers criticized the mission for not questioning the validity of the elections earlier in
the process. Others criticized the mission for being both part of the process, through its technical
assistance to the office providing identity cards, and judge of that same process.
Other smaller organizations and diplomatic missions, including the U.S. and Canadian embassies,
and about 6,000 nonpartisan domestic election observers monitored voting on election day across
the country during the first round. Many of these groups observed the March 20
th
round as well.
Concerns about the Electoral Process
The OAS/CARICOM observation mission expressed ongoing concerns about election security.
Some opposition candidates alleged during the first round of voting that candidates and
supporters of the ruling Inite party distributed weapons. The OAS mission asked those making
accusations to present evidence so that investigations could be carried out.
26
In November the
OAS/CARICOM election monitoring team expressed concern about election-related violence,
and asked candidates to “carry out their campaigning in a calm atmosphere and to display
tolerance, friendliness and mutual respect.”
27
Almost up to the last moment, observers worried
25
Organization of American States, The Joint Mission OAS/CARICOM in Haiti provides an update after more than
three months of activity, November 19, 2010, http://wwww.reliefweb.int/rw/rwb.nsf/db900SID/VDUX-8BCRQE?
OpenDocument.
26
[Ambassador Colin Granderson], “Presentation made to the Extraordinary Meeting of the Group of Friends of Haiti:
Update on Elections and Perspectives on Reconstruction Efforts,” OAS General Services Building, Washington, DC,
Oct. 27, 2010.
27
“The OAS/CARICOM Joint Election Observation Mission in Haiti calls on Political Actors to Conduct Campaigning
in Atmosphere of Tolerance and Friendliness,” States News Service, November 11, 2010.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 12
that the eruption of violence or political unrest could possibly cause a postponement before, or
trouble after, the elections.
Angered by rumors that UN troops may have introduced cholera to Haiti, Haitians attacked UN
soldiers in late 2010.
28
Any further attacks against UN troops could have been particularly
problematic, as MINUSTAH was responsible for providing security for the election process, as
well as transportation of ballots and other election material. There are 9,000 MINUSTAH security
personnel, and 3,500 Haitian National Police (PNH) providing security. UN officials revised
security plans for the second round.
29
An early assessment of the elections issued a reminder that
MINUSTAH’s mandate is mostly to observe and support the PNH, not to handle situations
directly.
30
After the first-round elections, the U.S. State Department issued a new travel warning strongly
urging U.S. citizens to avoid non-essential travel to Haiti in part because of “continued high
crime, the cholera outbreak, frequent disturbances in Port-au-Prince and in provincial cities, and
limited police protection” and because “travel within Haiti is hazardous.”
31
Since the first-round
elections, there have been violent protests resulting in deaths. Once the final results were
announced, the atmosphere was calmer. Nonetheless, the situation remained volatile.
Observers of the electoral process also voiced concern about the level of voter participation
because it affects the legitimacy of the election’s results. In April and June 2009, voter turnout for
partial Senate elections was a meager 11% of the electorate. Turnout is usually much higher for
presidential elections, however, and the observation mission viewed active campaigning and large
numbers of voters going to verification centers as signs that turnout would be healthy. Although
turnout was higher than in 2009, it was only about 22% in the first round of the current election
process. Some observers wonder if fear of cholera and of violent protests might have suppressed
voter turnout.
In the joint observation mission’s November 11 statement, it repeated its concern over the use of
state resources during the recent campaign season. The mission appealed “to the political parties
to adhere to the provisions aimed at guaranteeing the fairness of the election race,” and said that
the “state authorities must ... ensure that agents of the state are not involved in activities related to
campaigning.”
32
The OAS/CARICOM mission’s October report expressed concern about several technical aspects
of the electoral process. The distribution of voter identification cards seemed to be the greatest
issue. About 400,000 new cards were printed but distribution was slow. About 4.7 million people
have registered to vote, an estimated 95% of the adult population. The report estimated that about
6% of those listed in the voter registry are deceased. This was attributed mostly to the listing of
people who died during the earthquake, for most of whom there are no death certificates, which
28
According to Matthew Bigg, "U.N. peacekeepers likely caused Haiti cholera," Reuters, June 30, 2011, reports from
both the UN (May 2011) and the U.S. Center for Disease Control (July 2011) “strongly suggest” but do not
conclusively find that fecal contamination by a UN peacekeepers’ camp was a likely cause of the cholera outbreak.
29
Jacqueline Charles, “In Haiti, officials promise fixes ahead of March runoff election,” Miami Herald, March 7, 2011.
30
Sophie Lagueny and Rudolf Derose, Post-Disaster Assessment on the Feasibility of Organizing Free and Fair
Elections in Haiti, USAID, produced by the International Foundation for Electoral Systems, April 2010, p.iv.
31
U.S. Dept. of State, “Travel Warning, Haiti” issued Dec. 9, 2010, http://travel.state.gov/travel/cis_pa_tw/tw/
tw_4632.html.
32
States News Service, op.cit.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 13
are needed to remove someone’s name from the registry. The report noted that safeguards such as
photos on the electoral list, the need for a voter identification card, and indelible ink indicating
votes had been cast, had been put in place to prevent multiple voting. Registering the internally
displaced appeared not to have been as big a problem as some thought it would be, as not that
many internally displaced requested replacement identity cards. The majority of displaced people
in temporary camps appear to live near their former residences and polling stations, so that few
additional polling places for them were needed, according to U.S. officials familiar with election
preparations.
The Provisional Electoral Council
Negative perceptions regarding the Provisional Electoral Council are widespread and contributed
to questions regarding the elections’ credibility both before and after the voting took place. In late
2009, President Préval cut ties to the Lespwa movement that elected him in 2006, and formed a
new movement, Inite (Unity). Opposition groups accused the presidentially appointed electoral
council of bias in favor of the President’s new movement. The electoral council disqualified
without explanation about 15 rival political groups, which included members of Lespwa who did
not join Préval’s new party.
An assessment of the feasibility of organizing elections after the earthquake stated that the
operational branch of the CEP was technically capable of organizing elections, but warned that
the lack of credibility of the council as a whole posed a major problem. The report recommended
replacing the commission, but the Preval administration chose not to do so.
33
The
OAS/CARICOM mission’s October report acknowledged that “the widespread mistrust of the
CEP is perhaps by far the major obstacle to the credibility and legitimacy of the elections.”
But the mission suggested that the CEP may be being blamed for some of the shortcomings of
previous CEPs and of the Préval administration as well. For example, the previous CEP caused
controversy by barring former President Jean-Bertrand Aristide’s Fanmi Lavalas party from
participating in legislative elections in April 2009 for mostly technical reasons. Part of the
problem was that three rival factions within Lavalas submitted separate lists of candidates. The
council rejected all three lists because none of the factions had documents signed by the party’s
head, Aristide. Aristide lives in exile in South Africa. Although technically correct, some
observers felt the decision had a politically motivated element, to prevent the once powerful
Lavalas from gaining more seats in the National Assembly. No faction ever produced the required
document, however, and so remained ineligible to register legislative candidates. No faction of
Fanmi Lavalas tried to register a presidential candidate with the current CEP for the 2010
elections.
34
The observation mission’s October report notes that the current CEP has been responsive to
criticism, improving the transparency of its actions, and communicating more openly with the
public, political parties, and civil society organizations. The CEP began to implement some of the
improvements recommended by the OAS and other observer missions as soon as they were
received following the first round. About 500 poll workers and supervisors at voting centers
33
Sophie Lagueny and Rudolf Derose, op.cit., pp. 12-13.
34
[Ambassador Colin Granderson], op. cit., p. 4; and International Crisis Group, “Haiti: The Stakes of the Post-Quake
Elections,” Latin America/Caribbean Report No. 35, October 27, 2010, pp. 3-4.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 14
where fraud and irregularities were high wre fired; education requirements for poll workers were
raised to a 12
th
grade equivalent; and officials continued to clean up the voter lists.
35
Following the second round, the OAS/CARICOM mission reported that the CEP’s efforts had
“positive results,” and that problems related to the electoral registers and voters finding their
polling place “were far less prevalent” than they had been in the first round.
36
The mission said
that incidents of ballot stuffing and voter intimidation were isolated.
Concerns about fraud in the CEP’s tabulation process soon emerged, however. As mentioned
above, after the CEP announced results for the legislative elections, with final tallies that changed
the outcome for 19 districts in favor of the ruling Inite coalition, the OAS/CARICOM mission
demanded that those results be annulled. The CEP reverted the outcomes to the original tally in
15 cases; four seats in the chamber of deputies are still to be resolved.
Legitimacy
An immediate concern for all involved was that the elections, carried out with $16 million in U.S.
assistance, was that they be sufficiently free and fair to produce a government considered
legitimate in the eyes of the Haitian public and the international community. The United States
and other donors were also concerned that the level of irregularities, fraud and violence evident in
the first round be addressed and reduced during the last round. The voting process in the second
round did show improvements over the first. The CEP’s calculation of legislative election results,
however, once again called their integrity into question. It remains to be seen how well Haitian
authorities resolve the dispute over the remaining contested legislative seats, and how willing
they are to prevent such fraud in the future. The ability of the Haitian government to carry out
election processes in an acceptable manner is a key test that can influence the political tone in
Haiti for several years afterward.
Long-term Issues
Reconstruction and the Management of Foreign Assistance
In the longer term, the United States and the international community are concerned about the
ability of the newly elected government to manage the billions of dollars of international aid. Like
his opponent, Martelly expressed nationalistic views during the campaign, leading to concerns
about whether his administration will continue to work within the current framework of the
Interim Haitian Recovery Commission (IHRC).
The IHRC, formed in late 2010, was designed to last 18 months, at which time the commission
would become the Haitian-run Haitian Development Authority. While there has been criticism
that the IHRC is not approving and distributing aid effectively, there is also widespread concern
that the Haitian government is not ready to assume full control of the process either. The
government’s nascent institutions, which had limited capacity before the earthquake, were set
back severely by the earthquake’s destruction. Gross mismanagement of funds by this or any
35
Jacqueline Charles, March 7, 2011, op. cit.
36
Organization of American States, press release March 21, 2011, op.cit.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 15
subsequent Haitian administration could prompt donors to impose conditions, reconsider further
funding of programs, or return to directing aid solely through non-governmental organizations.
Martelly pledged to make Haiti less dependent on foreign assistance, but was not clear on how he
would do so.
There are also concerns about the effect either candidate will have on relations with the United
States and with other major donors and international organizations. Donors worry about whether
either candidate will try to change dramatically current development and recovery plans.
President Martelly has been vague on specific policy plans. If his government wants to be assured
of continued donor assistance, it will face difficulty straying far from the current strategy, which
was agreed upon by the Haitian government and international donors at the April 2010 donors
conference, and upon which foreign assistance programs are based.
Security and Human Rights
Political violence continued to erupt throughout the electoral process. The U.S. and other
international donors support reform and capacity building in the Haitian National Police as a
means to continuing to improve citizen security.
In terms of security proposals, Martelly has proposed recreating the Haitian army,
37
which
overthrew Aristide shortly after he became Haiti’s first elected president, and was disbanded by
Aristide after he was restored to office by the international community. At a debate before the
second round of voting, both candidates supported establishing a national security force as a way
of creating jobs. Martelly said the military should replace MINUSTAH, while Manigat said that
MINUSTAH could be phased out eventually, but that it would not have been a priority for her
administration.
38
The proposal to reconstitute the Haitian army raises alarm not only about
diverting funds from current development and reconstruction programs, but also about respect for
human rights. The army was an instrument of state repression under the Duvalier regime, along
with the Duvaliers’ secret police, the Tontons Macoutes, and under the de facto military regimes
that followed Duvalier’s and Aristide’s ousters. Both security forces committed gross violations
of human rights over decades, according to numerous reports by the State Department, the OAS
Inter-American Human Rights Commission, Amnesty International, and others.
39
Both candidates in the final round had some association with de facto military regimes. As noted
earlier, Manigat’s husband, Leslie Manigat, was elected president in 1988 in elections run by the
military. His term lasted less than six months, however: when Manigat tried to introduce reform
and reduce corruption, the military overthrew him.
Martelly was “once a favorite of the thugs who worked on behalf of the hated Duvalier family
dictatorship,” according to the Washington Post, and was “closely identified with sympathizers of
the 1991 military coup that ousted Pres[ident] Jean-Bertrand Aristide,” according to the Miami
37
“Michel Martelly,” New York Times, March 7, 2011.
38
LatinNews Daily, “Martelly and Manigat square off in Haiti,” Latin American Newsletters, March 10, 2011.
39
For an overview, see Mike Levy, "Haiti," in Encyclopedia of Human Rights, ed. David P. Forsythe, vol. 2 (New
York: Oxford University Press, 2009), pp. 349-360, which states that security elements of the Duvalier regime (1957-
1986) are believed to have killed from 30,000 to 60,000 Haitians, and the military regime that overthrew Aristide
(1991-1994) committed 5,450 documented cases of human rights violations (pp. 351, 356).
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 16
Herald.
40
One of Martelly’s advisors, Gervais Charles, is currently Jean-Claude Duvalier’s
lawyer.
Stability and the Return of Former Leaders
In addition to electoral political tensions, another destabilizing factor is the reappearance on the
scene of two of Haiti’s most divisive leaders. Jean-Claude “Baby Doc” Duvalier returned
unexpectedly from 25 years in exile on January 16, 2011. Two days later, the Haitian government
formally charged him with corruption and embezzlement. Private citizens have filed charges of
human rights violations against Duvalier for abuses they allege they suffered under his regime.
Former President Jean-Bertrand Aristide, in exile since his government collapsed in the face of
political conflict in 2001, then said that he would also like to return, and the Haitian government
issued him a new passport. The Obama Administration cautioned that Aristide’s return before the
elections would be an “unfortunate distraction.”
41
Aristide returned to Haiti two days before the
second round elections. He was reportedly greeted by thousands of supporters. Upon landing, he
made a speech in which he complained that Lavalas was not represented in the elections, and
seemed to make vague references to both presidential candidates, but did not directly support
either one. He then kept a low profile through election day. Préval has long said Aristide was free
to return, but that he should be prepared to face corruption and other charges as well. Both
Duvalier and Aristide are seen as highly polarizing figures able to stir up unrest.
It is a significant accomplishment that Haiti, long characterized by impunity for its leaders, has
brought charges against its former dictator. Duvalier is currently not allowed to leave the country,
while a judge determines whether there is sufficient evidence to proceed with a trial. Trying
Duvalier and/or Aristide, however, would be a severe strain on Haiti’s weak judicial system. The
U.N. High Commissioner for Human Rights has offered to help Haitian authorities prosecute
crimes committed during Duvalier’s rule.
42
U.N. Secretary General Ban Ki-Moon called on the
international community to continue to work with the Haitian government to bring about systemic
rule-of-law reform, saying that
…the return of Jean-Claude Duvalier has brought the country’s turbulent history of State-
sponsored violence to the fore. It is of vital importance that the Haitian authorities pursue all
legal and judicial avenues in this matter. The prosecution of those responsible for crimes
against their own people will deliver a clear message to the people of Haiti that there can be
no impunity. It will also be incumbent upon the incoming Administration to build on the
achievements of the Préval presidency, which put an end to State-sponsored political
violence and allowed Haitians to enjoy freedom of association and expression.
43
Because the judicial system is not fully independent, the attitudes of the new president could have
a large impact on any judicial process. Candidate Martelly called for clemency for former leaders,
saying that, “If I come to power, I would like all the former presidents to become my advisors in
40
Scott Wilson, “Political Notes Fill Carnival in Haiti; Music Underscores Nation’s Discontent,” Washington Post,
February 13, 2002; and “Haiti,” Miami Herald, September 3, 1996.
41
“Aristide return not helpful before Haiti vote says U.S.,” Reuters, February 9, 2011.
42
United Nations Radio, UN offers to help Haitian authorities prosecute Duvalier, February 1, 2011,
http://www.unmultimedia.org/radio/english/detail/112772.html.
43
UN Security Council, Report of the Secretary-General on the United Nations Stabilization Mission in Haiti, 24
March 2011, S/2011/183, available at: http://www.unhcr.org/refworld/docid/4d9448d32.html [accessed 12 May 2011],
paragraphs 81-82.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 17
order to profit from their experience.”
44
He also said he was “ready” to work with officials who
had served under the Duvalier regimes.
45
As an argument in favor of clemency for Haiti’s former
leaders, Martelly cited a need for national reconciliation. The U.N.'s Deputy High Commissioner
for Human Rights, Kyung-wha Kang, in a visit to Port-au-Prince in July 2011, urged the creation
of a truth commission, which she said would help promote national reconciliation in Haiti.
Outlook
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. Congress views the
stability of the nation with great concern and commitment to improving conditions there. State
Department and USAID officials say that the Obama Administration regards Haiti as its number
one priority in the Latin America and Caribbean region.
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; addressing Haitian migration; and alleviating poverty.
Congress has monitored Haiti closely, and has established a number of conditions on assistance
over the years. Congressional priorities for assistance to Haiti have included “aggressive action to
support the Haitian National Police;”
46
ensuring that elections are free and fair; developing
indigenous human rights monitoring capacity; facilitating more privatization of state-owned
enterprises; promoting a sustainable agricultural development program; and establishing an
economic development fund to encourage U.S. investment in Haiti.
Haiti’s national election process has been closely watched by the international community as well
as by Congress. Over the past decade, the United States and other international donors have been
politically, economically, and militarily involved in Haiti, investing significant resources both in
the attempt to build and strengthen Haiti’s democracy and political stability and in providing
significant amounts of development, humanitarian, and other assistance. Congress and other
bilateral donors have again provided another financial stake in Haiti’s long-term development by
providing funds for this election cycle and will continue to closely monitor the conduct of the
entire election process until the conclusion of all electoral disputes as a prelude to the next steps
in Haiti’s development.
44
Clarens Renois, “Haiti politicians hope for reconciliation,” Agence France-Presse, January 21, 2011,
http://www.abs-cbnnews.com/global-filipino/world/01/21/11/haiti-politicians-hope-reconciliation
45
“Haitian candidate open to including Duvalier officials,” Agence France Presse, March 2, 2011.
46
P.L. 106-113.
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Congressional Research Service 18
Appendix A. U.S. Elections Assistance
The United Nations and other international donors provided technical and financial support of the
recent elections process. The United States provided $16 million in election support through the
U.S. Agency for International Development (USAID). This aid, which encompassed support for
both the first and second round voting process, included:
• An assessment of the feasibility of organizing free and fair elections;
• Support to the Provisional Electoral Council (CEP) for election organization and
administration. This includes training for voting center staff; technical assistance
for nationwide civic and voter education campaigns; technical assistance to
improve the CEP’s ability to communicate with the public and the press; and the
establishment of a call-in information center through which voters can find out
where to vote;
• Support to a national network of nonpartisan community action groups to
organize election-related civic education and get-out-the-vote activities;
• Technical assistance to political parties to help them compete more effectively in
the 2010-2011 elections, increase the chance that they will accept election results,
and reduce the potential for political conflict. Activities include training in poll
watching, participation in candidate debates, and election dispute resolution;
• Support of domestic and international electoral observation to monitor the entire
election period, to increase the confidence and participation of voters and
political parties;
• Support for the organization of presidential debates to provide the electorate with
greater access to information about candidates and issues;
• Support for procurement of elections material, such as ballots and ballot boxes,
through a contribution to the elections trust fund managed by the United Nations
Development Program; and
• After the elections, programs to build broad national support for electoral reform,
including the establishment of an independent, permanent electoral council.
47
USAID expected relatively minor additional costs involved in making improvements for the
second round based on recommendations from domestic, OAS, and other observers of the first
round. These included additional staff and training for voting centers, increasing the hours and
capabilities of the voter information center, and adding enough international observers to conduct
a parallel vote count. The UNDP and OAS sought additional funding from other donors as well.
47
U.S. Agency for International Development, USAID Elections Support; http://www.usaid.gov/helphaiti/
elections.html.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 19
Appendix B. Make-up of the Parliament
Table B-1. Representation of Political Parties in Haitian Senate
Party name (Creole) English translation Number of seats
Inite Unity 15
Alternativ Alternative for Progress and Democracy 9
Ayiti An Aksyon (AAA) Haiti in Action 2
Konbit Pou Bati Ayiti
(KONBA)
Rally to Build Haiti 1
Lavalas (literally: avalanche/waterfall, but generally referred to by
Creole name)
1
Pou Nou Tout (PONT) For Us All 1
Source: U.S. Dept. of State, July 11, 2011.
Table B-2. Representation of Political Parties in Haitian Chamber of Deputies
Party name (Creole) English translation Number of seats
Inite Unity 32
Alternativ Alternative for Progress and
Democracy
9
Ansanm Nou fo Together we are strong 9
Ayiti An Aksyon (AAA) Haiti in Action 8
Lavni The Future 7
Rasamble Gather 4
Konbit Pou refè Ayiti (Konbit) Rally to Rebuild Haiti 3
Mouvman Kretyen pou yon Nouvo Ayiti
(MOCHREN)
Christian Movement for a New Haiti 3
Platforme Liberation Liberation Platform 3
Pou Nou Tout (PONT) For us all 3
Repons Peyizan Peasant Response 3
Independent Independent 2
Mouvman Aksyon Sosyalis (MAS) Socialist Action Movement 2
Mouvman Demokratik pou Liberasyon
Ayiti-Pati Revolisyonè an Ayiti
(MODELH-PRDH)
Democratic Movement for the
Liberation of Haiti-Revolutionary
Party of Haiti
1
Platfòm nan ayisyen Patriyòt yo (PLAPH) Platform of Haitian Patriots 1
Respè Respect 1
Veye Yo Watch over them 1
Source: U.S. Dept. of State, July 11, 2011.
Haiti’s National Elections: Issues, Concerns, and Outcome
Congressional Research Service 20
Author Contact Information
(name redacted)<><><><>
Specialist in Latin American Affairs
[redacted]@crs.loc.gov, 7-....
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