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Haiti: Relief and Reconstruction

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On a Technicality, World Bank Rejects Complaint on Support for New Mining Law Print

A complaint from Haitian communities and supported by New York University’s Global Justice Clinic and Accountability Counsel has been rejected by the World Bank on technical grounds. The groups had asked for the Bank’s Inspection Panel to review whether assistance the Bank is providing to the Haitian government follows Bank guidelines relating to transparency and environmental safety.

Since 2013, the World Bank has provided technical assistance to the Haitian government in rewriting its mining laws, leading to a new mining law being drafted in 2014. Though Haiti has not seen large-scale commercial mining for decades, the government awarded multiple concessions in 2012 over opposition protests. In 2013, following a forum on mining sponsored by the World Bank, then Prime Minister Laurent Lamothe declared that to advance Haiti’s development, “we are counting heavily on the contribution of the mining sector.”

The Haitian communities’ complaint [PDF] states:

Complainants fear that, due to the government’s weak capacity and the law’s inadequacies, this increased investment in the mining sector will result in serious social and environmental harms, including contamination of vital waterways, impacts on the agriculture sector, and involuntary displacement of communities. Complainants are also concerned about the exclusion of Haitian people from the law reform process, particularly when contrasted with the reported regular participation of the private sector in drafting the new law. Further, Complainants fear that the government of Haiti lacks the capacity to regulate and monitor mining company activity.

In its response, the World Bank’s Inspection Panel says that it “has decided not to register the case.” The Panel acknowledged that the issues raised were “serious and legitimate,” and agreed that the new mining law could “have significant and considerable adverse environmental and social consequences.” However, because the World Bank support was provided through a technical assistance mechanism, “policies and procedures applicable to design, appraisal and implementation of a project, including the safeguard policies, were not applied to the Haiti Mining Dialogue.” The mechanism is not subject to the World Bank’s safeguard policies and therefore the Inspection Panel refused to hear the complaint.

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CEP Proposes Legislative Elections in July, Presidential in October Print

Speaking at a press conference on Tuesday, members of the CEP put forth their proposal for an electoral calendar leading up to presidential elections by the end of 2015. CEP president Pierre Louis Opont said they were considering holding legislative elections, including 20 of 30 Senate seats and the entire 99-member Chamber of Deputies, in July. The second round of the legislative elections would be held alongside Presidential elections on October 25, 2015 with the second round of the presidential race and local elections taking place sometime in January.

In a press release on February 9, the CEP said they had circulated a draft electoral decree to political parties for comment and would send it on to the executive by Friday, February 13 to be officially published (Laurette Backer posted a version of the draft electoral decree here).  Political parties, civil society and other stakeholders were given until 4 PM Wednesday to submit their comments to the CEP, however many political groupings have stated they were not consulted prior to the CEP’s announcement.  

Announcement Gets Mixed Reaction from Political Parties 

The Fusion political party, which supports the government, denounced the CEP’s announcement. “I think the CEP was misguided to take such a decision without consultation. It’s a clumsy move, which could plunge the country into more difficulties,” a Fusion representative told Alterpresse. Fusion stated they had sent a letter to the government about their concerns with the CEP’s actions and reiterated their proposal of holding a single election in 2015 for all positions. Rosemand Pradel of Fusion told Le Nouvelliste that “Political parties are important actors in the electoral process, the CEP cannot define an electoral calendar on its own.”

Sauveur Pierre-Etienne, coordinator of OPL, stated that the CEP had yet to make contact with political parties and that he saw “shenanigans” in the announcement from the CEP. “The proposed electoral calendar is completely absurd,” Pierre-Etienne told Le Nouvelliste, “How do you organize elections spread out over a six-month period?“ According to Le Nouvelliste, he suggested that this could be a strategy aimed at “ruining” the opposition defined by the CEP and those in power.

John Henry Ceant of Renmen Ayiti pointed to the political agreement signed January 11 at the Kinam hotel, which stated that the CEP would find consensus between the presidency and political parties around the formation of the electoral law and timetable. “The CEP has put the cart before the horse,” Ceant told Le Nouvelliste.

Responses were relatively muted from opposition groups. MOPOD coordinator Jean André Victor told Alterpresse, “No, we have not yet considered the issue. We remain, for the moment [focused on] demonstrations supporting the departure of Michel Martelly from power.” Fanmi Lavalas, which was prevented from participating in the previous election, said in a statement to Alterpresse that the executive committee was “studying the situation.” In comments to Le Nouvelliste, Dr. Maryse Narcisse of Fanmi Lavalas said the organization had yet to receive the draft electoral decree that the CEP said was sent to political parties last week. No political party can handle “the social and material costs of several elections in one year,” she added.  

Role of International Community

In January, President Martelly called for legislative elections to be held by May, according to Haiti Libre, noting that, “According to some experts…we should wait at least 5-6 months to have the elections, which brings us to July-August. When we think to two rounds, each time, we must wait for the results, challenges, that brings us to October. So I feel that at this point, those proposing elections in six months are talking about one turn.” Among those that have advocated for legislative elections in July is U.S. Ambassador Pamela White, who reportedly relayed this preference to some of the remaining 10 Senators still in office at a meeting last week. In private meetings in Washington D.C., U.S. officials have continually stated a preference for one single election to take place in 2015, given the problems with logistics and funding.

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A Look at the New Provisional Electoral Council Print

Haiti’s current Provisional Electoral Council (CEP), formed in late January, is the fourth incarnation of an electoral council since Martelly’s ascension to the presidency in 2011. With elections delayed over three years, parliament ceasing to function and the country run by a de facto government, the current CEP will have a large role in leading the country to elections and a restoration of constitutional rule. “Fair elections will require an impartial, independent and constitutional CEP to facilitate the free participation of all political parties,” wrote the Institute for Justice & Democracy in Haiti (IJDH) last month.

While the formation of previous electoral councils did not follow Article 289 of the Haitian constitution (Martelly originally wanted to form a permanent electoral council that is subject to different provisions, for background on this, see here), the current one hews more closely to what is outlined there. Nine representatives from various sectors of civil society nominated representatives to the CEP, which were then ratified by the President. However, as IJDH points out, the process “deviated from the relevant constitutional provisions in several respects, including the participation of new civil society groups, and prohibiting the participation of government agents and political parties.” Further, the political accord outlining this new process never received parliamentary approval. Another aspect that differs from what is outlined in Article 289 is that Martelly requested each of the nine sectors to submit two names for the CEP. The executive branch would then be able to choose one of them for the post. While not called for in the constitution, this is a similar process as was used to form the previous CEP under Preval, which oversaw the flawed 2010 elections.

The electoral council is tasked with drafting the electoral law, which will govern the upcoming and as yet unscheduled elections. One of the key questions the CEP must address is whether one or two elections will be held in 2015. President Martelly has called for a first election in May, to elect a new legislature, followed by presidential elections toward the end of the year.  In a meeting Wednesday with some of the remaining 10 senators in Haiti’s parliament, U.S. Ambassador White reportedly stated her belief that partial elections could be held as early as July. There is also the question of inclusiveness; during the last election, political parties were arbitrarily excluded from the balloting and previous electoral councils under Martelly had been criticized for also blocking full participation in elections.

The international community will also play a key role in the functioning of the CEP, as foreign donors will be paying nearly the entire cost of elections. After a visit from the United Nations Security Council, U.S. Ambassador to the U.N. Samantha Power briefed the Security Council, stating, “The provisional council is charged with developing a framework for the elections crucial to Haiti’s stability. We were impressed with the electoral council’s seriousness of purpose and commitment to independence, and we offered its members our full support.”

For the first time since the CEP’s formation two weeks ago, some news on its work emerged today from an exclusive interview from an anonymous member of the CEP with Haitian newspaper Le Nouvelliste. A press conference next Tuesday, February 10, is also expected, according to Le Nouvelliste (UPDATE: the CEP issued a press release today announcing a press conference for February 10. The release states that they will outline the electoral calendar among other announcements). The member told the paper that a draft electoral law was nearly complete and would soon be sent to Martelly for publication in Le Moniteur, the official gazette laws are published. Normally an electoral law would have to be passed by parliament, thus calling into question its legal viability. Since at least early November, the U.S. government has considered the expiration of parliamentarians’ terms to be a foregone conclusion; however they have consistently stated their belief that Martelly would only use his executive powers to hold an election and not to push through other, unpopular measures.

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Is the Absence of Parliament Clearing the Way for Lamothe to Run for President? Print

In July of 2014, Jacqueline Charles of the Miami Herald reported on then Prime Minister Laurent Lamothe’s “Hillary Clinton”--style campaigning:

But Lamothe’s schedule reflects a Hillary Clinton-like method of raising a future candidate’s profile without officially announcing for office. And that is prompting concern and panic in Haiti where observers say the presidential posturing is intensifying a crisis prompted by legislative and local elections that are three years behind schedule.

In order to run, Lamothe would need certification that he has not misused government funds. But the opposition-controlled Senate is unlikely to support giving him the décharge, leaving opponents and some supporters of President Michel Martelly to see delaying the Oct. 26 elections until next year as key. Martelly will rule by decree, practically guaranteeing that Lamothe will get the needed clearance. Opponents believe the delay would lead to Martelly’s downfall.

Six months later and indeed the long overdue elections remain unscheduled, and the entire lower chamber and an additional one-third of the Senate’s terms expired earlier this month. That has left Martelly to rule by decree until elections are held. As for Lamothe’s presidential candidacy, after his resignation in December, he told Charles:

“We wanted to show people what progress was happening in the country and of course that led to a misperception that I am trying to run for president…I always said it, I told that to the president, I told that to the press, I was always clear I was not a presidential candidate.”

Today, the Nouvelliste reports that one of the ten remaining senators, seen as close to Martelly, Andris Riche, has made a request to the relevant authorities to obtain the décharge for Lamothe.

 
Journalists Denounce Attempts by Haitian Government to Silence Criticism Print

Yesterday, Radio Kiskeya made public a letter from leaders of the station to Lucien Jura, spokesperson of the presidency, alleging that President Martelly had personally given cash to journalists at a meeting in December. The letter begins:

Radio Tele Kiskeya hereby wishes to protest - to the president of the Republic and to you [presidential spokesperson Lucien Jura] in particular - the ignoble act of corruption that you were both responsible for last December 23 when, following a reception which you invited journalists with National Palace accreditation to, you delivered envelopes to them containing fifty thousand gourdes (50,000.00 Gdes) and forty thousand gourdes (40,000.00 Gdes). 

According to the information received from the concerned parties, the president of the Republic, Michel Joseph Martelly, personally offered them "a little gift that's so modest that it's not worth mentioning." Subsequently, he referred them to his spokesperson, Lucien JURA, and to Esther FATAL, head of the communication office of the Presidency, who personally delivered to each one of them the ignoble seal [envelope with presidential seal] beneath the glare of the palace cameras.

The letter reports that 3 Radio Kiskeya journalists received the payment and have been “severely sanctioned.” The letter continues, writing that the actions at the National Palace reflect “the general level of deterioration of moral values at both the state level and within all of society, including the press unfortunately.”

Today, Shearon Roberts, an assistant professor of Mass Communication at Xavier University of Louisiana, writes about the situation facing Haitian journalists, five years after the earthquake:

Haiti’s media landscape had been divided before the earthquake along political lines. The disaster brought media factions together as news organizations faced limited resources, ongoing political-socio-economic crises and a strong adversary in the government of President Michel Martelly.

“The Haitian state does not want freedom of the press that is not in their interest,” said Liliane Pierre-Paul, president of the Association National de Médias Haïtiens (ANMH), Haiti’s largest media organization. “They do no wish to respect transparency. They do no want to have awareness among the population, and they do not approve of our reporting that denounces their behavior in government.”

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