This document is being distributed to the permanent missions and will be presented to the Permanent Council of the Organization.

EXPLANATORY NOTE

This document is presented by the General Secretariat to assist members of the Permanent Council in reviewing the mandates of the OAS Special Mission for Strengthening Democracy in Haiti, as called for in operative paragraph 9 of AG/RES. 2058 (XXXIV-O/04). In keeping with paragraph 8 of said resolution, this Work Plan Proposal was attached to a letter sent to Foreign Ministers of Member States and Permanent Observers requesting support for the work of the Special Mission.

Special Mission of the Organization of American States for Strengthening Democracy in Haiti Work Plan Proposal for the period July 2004 - June 2005

I. BACKGROUND

1. Since its deployment in 2002, the Special Mission of the Organization of American States for Strengthening Democracy in Haiti (Special Mission) has been acting under the authority of Permanent Council Resolution CP/RES. 806, with a mandate to contribute to the resolution of the then existing political crisis by, inter alia, "helping the Government of Haiti in the development and strengthening of its democratic processes and institutions." In September 2002, the Special Mission's mandate was reaffirmed and expanded through Resolution CP/RES. 822. However, the political situation in Haiti has changed dramatically due to the resignation and abrupt departure of former President Jean-Bertrand Aristide and the establishment of a transitional government on 29 February 2004. These events prompted the deployment of a United Nations-sanctioned Multinational Interim Force (MIF), which on 1 June transferred authority to the United Nations Stabilization Mission in Haiti (MINUSTAH).

2. The UN Security Council endowed MINUSTAH with a robust mandate which encompasses an important capacity for strengthening the Haitian National Police (HNP). In light of this development, the Special Mission has proceeded to downsize its Security Pillar, tasked with activities rela ted to the professionalization of the HNP similar to those to be carried-out by MINUSTAH. The downsizing, from 25 to six staff members, will be completed by the end of June 2004 as part of the restructuring of the Special Mission in the new context.

3. Given its overall experience and significant knowledge of the situation in Haiti, the Special Mission is well poised to continue contributing to the strengthening of the democratic process in Haiti. The transitional government, members of the international community, political parties and civil society groups have expressed the need for continuing support from the OAS. Addressing the Permanent Council on 6 May 2004, the Prime Minister of the transitional government expressed the hope that the organization would assist in "strengthening and developing electoral institutions and processes." Furthermore, UN Security Council Resolution 1542, which established the mandate of MINUSTAH, requested that the latter "cooperate and coordinate with the OAS and CARICOM."

4. On 13 May 2004 the Secretary General presented to the Permanent Council a report on OAS activities in Haiti, including recommendations for future work. The Secretary General stated: The OAS is in a position to provide expertise and technical assistance, not only to the preparation and holding of elections, but also towards the consolidation of the democratic process [...including] the strengthening of the rule of law and improving the level of respect for human rights. [The organization will] aim to increase the overall participation leading to elections, to facilitate modernization of the electoral system, to strengthen Haitian institutions relevant to the electoral process and to promote dialogue and consensus-building ... Among other possible areas of work, a key set of tasks should be to maintain close contacts with political parties, organize relevant training, help finance activities and provide technical advice as requested.

5. On 8 June the General Assembly adopted Resolution AG/RES. 2058, reaffirming support for the work of the Special Mission in the "revitalization of democratic institutions in the areas of security, justice, human rights and democratic governance." The Resolution requests the Special Mission - in accordance with Articles 23 and 24 of the Inter-American Democratic Charter - to "assist the Provisional Electoral Council in preparing, organizing and overseeing the elections and the proclamation of results, in cooperation with MINUSTAH."

6. Resolution AG/RES. 2058 resolves to "instruct the Permanent Council to review the mandates of the OAS Special Mission in light of the present circumstances;" it also provides initial guidance regarding the areas that the General Assembly deemed appropriate for the future role of the OAS. These areas are, in fact, compatible with several aspects of the mandates provided by CP Resolutions 806 and 822, and provide a well-defined framework for continuation of activities in the immediate future.

7. As a follow-up to the request made by the Prime Minister of the transitional government (see para. 3) the Assistant Secretary General designated a three-member OAS electoral assessment mission to Haiti, which conducted a visit from 9-16 June. Special Mission staff briefed and accompanied the mission throughout the visit which included meetings with members of the Provisional Electoral Council (CEP) and the UN electoral assessment mission (conducted during the same period). As regards future OAS activities on elections, a separate proposal will be presented by the OAS electoral assessment mission.

8. In light of the above-mentioned considerations, and pursuant to AG/RES. 2058, the Special Mission presents for consideration this work plan/resource document, which could serve as a basis for its mandate over the next 12 months, covering the following six areas:

• Strengthening of Political Parties;
• Governance, with a special focus on decentralization;
• Justice/rule of law, through the strengthening of State institutions;
• Electoral process (through a small team of legal advisors);
• Human rights, concentrating on institution building; and
• Professionalization of the Haitian National Police (through a small advisory team)

  II. PROPOSED STRUCTURE AND WORK PLAN

  9. Under the overall direction of the Special Representative of the Secretary General and Head of Mission (SRSG/HOM), the Special Mission will be comprised of three main pillars - Political affairs; Governance, justice and institution-strengthening and Human rights and security - a Public Information Office and an Administrative Support Office. Decisions regarding the establishment of Regional Offices - including the continuing functioning of the Cap Haïtien office which will operate with only one international staff once the downsizing of the Security Pillar is completed - will depend on availability of funds. The following work plan proposal covers a 12-month period, with the exception of: HNP-related projects, scheduled for shorter periods (see paras.16 and 18); and a project to establish a team of legal advisors for elections related activities, foreseen for an 18-month period (see para. 30).

  A. Office of the SRSG/HOM

  10. In order to assist the SRSG/HOM in his role as the overall authority over the OAS work and activities in the country, his office will comprise the following staff:

  i\ Chief of Staff, who will ensure implementation of the SRSG's decisions and guidelines by the Special Mission's Pillars and offices, manage different aspects of the SRSG's front office as required and prepare situation and special reports for the SRSG and OASHQ.

  ii\ Chief of Security, who will have overall responsibility for the protection and safety of Special Mission staff and for providing strategic and executive direction on all substantive and operational issues related to security. In carrying out his duties, the Chief of Security will liaise with MINUSTAH, other members of the international community and government officials.

  iii\Executive Assistant, tasked with coordinating administrative support services, determining work priorities regarding administrative matters, periodically reviewing the efficiency of administrative procedures and making timely proposals.

  iv\ National Legal Advisor; and

  v\ Executive Secretary (locally-recruited).

  B. Office of the Deputy Head of Mission (DHOM) - Human Rights and Security Pillar

  11. In addition to carrying out the intrinsic duties of this post - assisting the SRSG with effective management of the Special Mission, fulfilling responsibilities of SRSG/HOM in his absence and other tasks - the DHOM will also serve as Director of the Human Rights and Security Pillar.

  i. Human Rights

  12. The DHOM will be responsible for planning and implementing all Special Mission's activities and projects related to strengthening the capacity of local human rights NGOs - including women organizations, vulnerable groups and those working in the field of conflict resolution - and Stateinstitutions such as the Office of the Ombudsman. The promotion and protection of human rights, including advocacy activities, will also be an integral part of the work of the Pillar. Bearing in mind the fact that respect for human rights needs to be a cross-cutting issue in all aspects of the Special Mission's work and activities, the Human Rights Director will work in close collaboration with other Pillars and Offices in order to ensure mainstreaming of human rights principles, mechanisms and instruments, particularly those provided for by the Inter-American System.

  13. As part of the planning process for future activities within this Pillar, Special Mission staff conducted extensive meetings with leaders of the main human rights NGOs in Haiti, including those working on gender issues. They all welcomed the proposal for a proactive Special Mission approach aimed at strengthening their capacity to implement their work program.

  14. The following are some examples of the activities to be conducted (with an estimated cost of US $300,000) :

  - Strengthening State-institutions (including HNP) and NGOs capacity to provide human rights and conflict resolution training aimed at several target groups (State agents, government officials, civil society, journalists, vulnerable groups, etc.);

  - Strengthening the capacities of human rights institutions on report-writing and data analysis;

  - Facilitating the creation or strengthening of existing NGO training programs on human rights investigations, including proper reception and follow-up of complaints;

  - Providing technical and financial support for the creation and/or development of human rights documentation centers, libraries of universities and institutions of higher learning;

  - Providing technical and material assistance, as required, to human rights institutions;

  - Further developing a previous OAS-OPC project, started in 2002, on public awareness regarding OPC outreach programs (such development has been requested by the OPC);

  - Reinforcing regular working contacts with the Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurs, especially those with a mandate on Freedom of Expression and the Rights of Women. Special Mission support will include substantive and logistical assistance to IACHR missions to Haiti, as well as assistance in training programs and promotion activities;

  - Strengthen the capacity of national human rights institutions to establish working contacts with the Inter-American System for the protection of human rights, in particular the presentation of petitions.

  15. In order to ensure the implementation of such activities, the Pillar will require at least four international staff (in addition to the DHOM) and relevant administrative support.

  ii. Security

  16. The Security Pillar will downsize to become a team of six police advisors who will report directly to the DHOM. Five of them will accompany and support the HNP as part of a six-month vetting project - to be launched immediately and to be run jointly by the OAS and the US State Department - tasked with the screening of new recruits, existing police officers and former military who wish to be considered for the police force. The project, to be financed through a US financial contribution to the Special Mission, has an estimated implementation cost of US $414,500.

  17. Also under the DHOM, a sixth member of the Security Pillar will be appointed as Senior Security Advisor to act as the Special Mission's liaison with the Haitian National Police serving also as technical advisor to the General Director of the HNP.

  18. The Security Pillar will implement a project to repair the main HNP station in the Department of the South-East (Jacmel). This will be funded through a contribution from the Canadian government. The project will last approximately two months and will be supervised by one consultant/technical advisor; the estimated cost is US $75,000. A similar project will be launched in the Department of the North (Cap Haïtien) with an estimated cost of US $25,000.

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