A/HRC/34/73 1. Elections in 2015 and 2016 54. The lack of elections in Haiti between 2011 and 2014 left the State without a parliament throughout 2015, which had a negative impact on the functioning of other institutions, such as the judicial system. As has already been noted in previous reports, in keeping with the recommendations made by a commission set up by the former President, Michel Martelly, a new Prime Minister, Évans Paul, was appointed in December 2014 with a specific mandate to oversee the holding of elections in 2015, with 9 August set as the date for the first round of the legislative elections, 25 October for the second round of the legislative elections and the first round of the presidential elections and 27 December for the second round of the presidential elections. 55. The elections held on 9 August 2015 were preceded by acts of violence (five murders and two attempted murders) and marred by numerous irregularities (violent incidents in at least 104 polling stations; problems with polling booths, ink and ballot boxes in several others; and the unlawful presence of candidates or party representatives on electoral premises to put pressure on voters). The average participation rate was 18 per cent across the country and lower in the capital. 56. The elections held on 25 October were characterized by fewer irregularities, as a number of corrective measures were adopted at the request of election observers. The national average participation rate was 25 per cent. The elections were nonetheless contested by several sectors and, in particular, by eight presidential candidates who did not obtain the highest number of votes, as announced by the Provisional Electoral Council. In the face of these criticisms, the Government established the National Electoral Evaluation Commission on 16 December, after which, on 21 December, the Council postponed sine die the elections scheduled to take place on 25 December. 57. The National Electoral Evaluation Commission submitted its report on 3 January 2016 and, among other recommendations, concluded that “in order to move forward with the process and ensure a meaningful turnout in a calm setting, two things were necessary: political dialogue among the various stakeholders and a thorough technical review of the election machinery’s accountability with regard to irregularities that seemed to point to large-scale fraud”.14 The new date set for the second round of the presidential elections was 24 January 2016. 58. On 22 January 2016, two days before the date set for the second round of the presidential elections, the Provisional Electoral Council again suspended preparations, in the wake of acts of violence against premises, property and even individuals linked to the elections in different parts of the country, including opposite the Council’s offices in Pétion-ville. As two members of the Council resigned that same day, the Council was unable to attain a quorum. 59. Since President Martelly’s term was due to expire on 7 February 2016 and there was no President-elect to succeed him, President Martelly, the president of the Senate, Mr. Privert, and the president of the Chamber of Deputies, Cholzer Chancy, signed an agreement on 5 February 2016 authorizing the latter two to receive, on behalf of Parliament, the statement of the outgoing President of the Republic on “the end of his term and his departure from office on 7 February 2016”15 and to begin the process of “bridging the gap” 16 through the election of an interim President of the Republic by the National Assembly within a period not exceeding five calendar days. The interim President would have a mandate to submit to Parliament the name of a consensus candidate to act as Prime Minister, appoint new members to the Provisional Electoral Council and continue the electoral process by “giving effect to the technical recommendations of the Independent 14 15 16 GE.17-03747 Report of the National Electoral Evaluation Commission, 3 Jan. 2016, p. 12. Political agreement to ensure institutional continuity at the end of the term of the President of the Republic in the absence of a President-elect and the continuation of the electoral process initiated in 2015, 5 Feb. 2016, para. I (1). Ibid., para. I (4). 11

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