A/HRC/22/65
responsibility for the rule of law. Reporting directly to the Prime Minister, such a person
would not take the place of the Prime Minister but would assume sole responsibility for
promoting and coordinating the activities of ministries in this domain and putting the
different pieces of the puzzle together in order to guarantee, over the long term, the
establishment of a sustainable rule of law system in Haiti.
III. Civil and political rights
A.
Elections
16.
The independent expert welcomes the political commitment shown by the Special
Representative of the Secretary-General in Haiti, Mariano Fernández, and by his deputies to
helping President Martelly as he took what were sometimes difficult decisions in the
months following his election. At a time when voices are again calling for the withdrawal
of MINUSTAH, political stability and the proper functioning of the three powers of State
must be assured, if the authorities are to assume the functions of the international entities
present in Haiti over time.
17.
In May 2011, the mandates of 10 senators who had been elected in 2006 expired,
depriving the Senate of a third of its members and making it difficult to secure the stable
majority required to vote through the vital reforms proposed by President Martelly.
Moreover, the Government’s decision to replace almost all the 120 mayors elected in 2006,
whose mandates had long expired, was met with bafflement and incomprehension on the
part of the national and international communities.
18.
Since the election, the international community has stepped up its efforts to
complete the institution-building process in Haiti and to establish the standing electoral
council provided for in the 1987 Constitution. Indeed, until then, elections had been
organized by a temporary electoral council that was subject to constant denigration and
attacks on its credibility and suspected of political manipulation and manoeuvring.
19.
In August 2012, President Michel Martelly officially nominated and appointed six of
the nine members of the Standing Electoral Council, three representing the executive and
three the High Council of the Judiciary. The process for designating the three members of
the judiciary, initially undertaken by four out of nine members of the High Council of the
Judiciary, was deemed to have been irregular and this prompted two members of the
Council to resign.
20.
On 24 December 2012, representatives of the legislature and the executive signed an
agreement on the establishment of a new transitional college of the Standing Electoral
Council to organize the upcoming by-elections and municipal and local elections. Like the
Standing Electoral Council, the Transitional College of the Standing Electoral Council will
be comprised of nine counsellors, nominated respectively by the legislature, the executive
and the High Council of the Judiciary. On 29 December, the High Council of the Judiciary
confirmed that its three members of the Transitional College would be the three persons
that it designated during the second round of balloting.
21.
It is not for the independent expert to take a position on a political agreement
between the Government and the Parliament. Whatever the formula chosen, however, the
independent expert recommends that it should reflect the requirements of the Constitution
as closely as possible and rapidly lead to the holding of transparent elections, under
international scrutiny, to fill all the vacant seats in the lower house and facilitate the holding
of local elections and thus the restoration of the constitutional order.
GE.13-10672
5
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