A/HRC/4/3
page 6
Introduction
1.
This report has been prepared in accordance with Human Rights Council decision 1/102,
in which the Council decided to extend exceptionally for one year the mandates and mandate
holders of all the special procedures of the Commission on Human Rights, and requested the
special procedures to continue with the implementation of their mandates.
2.
The report that was prepared for the sixty-second session of the Commission
(E/CN.4/2006/115) and circulated during the second session of the Human Rights Council gives
an account of the sixth, seventh and eighth visits to Haiti by the independent expert in 2005 and
the situation in Haiti under the Transitional Government headed by Prime Minister
Gérard Latortue.
3.
A brief update (circulated in French only), which will be referred to below, was
subsequently submitted to the Human Rights Council on the principal changes that had occurred
in the political and institutional life of Haiti.
Return to constitutional legality confirmed by the election of
René Préval as President of the Republic
4.
A brief summary of the various stages completed highlights the important progress made
since the independent expert’s last report, namely:
(a)
Establishment of a transparent electoral process with, for the first time, the
creation of an electoral roll - in what were undoubtedly difficult and imperfect, but perfectible,
conditions - which enabled forgery-proof voter registration cards to be issued;
(b)
Election of the chief executive, the President of the Republic, in a vote the results
of which were not really challenged;
(c)
Re-establishment of an elected Parliament;
(d)
Appointment of a Prime Minister ratified by the Parliament, i.e., as required by
the Constitution.
5.
The final stage in this process was completed on 3 December 2006, with the holding of
local elections that made possible the election of mayors of cities, as well as the administrative
boards of the municipal districts and communal section assemblies, which fulfil the same role
in the rest of the country. While turnout for local elections was rather low (estimated at
about 30 per cent before final results, which are expected at the end of January or in February),
and although certain incidents occurred, their legality was not seriously challenged. In fact,
according to an initial assessment by the Provisional Electoral Council, only around 240 protests
have been registered so far. Even if a few additional protests are expected in January, these
procedures are not sufficient in number to bring about a significant change in the final results.
6.
Whatever criticisms may have been directed against it, the Transitional Government
should be given credit for having brought about this return, if not to the rule of law, at least to
constitutional legality. This process received considerable support from the United Nations
Development Programme (UNDP) and MINUSTAH, which made this issue a priority, as well as
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