Declaration of Principles
For two centuries, the Haitian people have not ceased to resist against an anti-national state placed, de facto, under the tutelage of various international powers. Through its many struggles, the Haitian people have never ceased to demonstrate their will for the existence of a new form of State at the service of the general interest. Today, the fracture between this anti-national State and the Nation can no longer be repaired through superficial institutional arrangements. The time for rupture has come. The Haitian people want to redefine their future outside of this State administered essentially by local and foreign actors.
On the strength of these considerations, we, Haitians, hold as non-transferable the rights to life, freedom, equal access to opportunities, and co-ownership of the national wealth, the fruits of our unity in our armed struggles and our historic political victories. We also undeniably believe that the protection of these rights and transparency in democratic governance must be based on inclusive citizen participation in the construction of state institutions and the control of their functioning.
Finally, in accordance with the Act of Independence of Haiti of January 1, 1804, the Charter of the United Nations of 1945, and the International Covenant on Civil and Political Rights of 1966, which enshrine the right of peoples to self-determination, we consider as intangible the right of the Haitian people to determine, in a sovereign manner, the form of its political regime, as enshrined in the Haitian Constitution, based on fundamental freedoms and respect for human rights, social peace, economic equity, consultation and participation of the entire population in major decisions involving national life.
Citizens, original depositaries of national sovereignty, responsible men and women politicians, we are accountable before the Nation for the search of a just and lasting solution to the current political crisis. Against the specter of the collapse of the State, we must preserve the democratic advances won through hard struggle. We must ensure our collective destiny by guarding against any democratic regression and any relapse into arbitrariness.
Stand up, all together, against barbarism, for life, for the regeneration of the Nation, and for a better life together.
Preamble
We, representatives of multiple civil society and political organizations, signatories to this Agreement, hereinafter referred to as the Parties;
Gathered in Port-au-Prince, on Monday, August 30, 2021, following a process of inter-Haitian dialogue and negotiation within the framework of the Citizens' Conference for a Haitian Solution to the Crisis, with a view to breaking the current political impasse;
Having carried out an in-depth analysis of the country's situation and having evaluated the nature of the crises which periodically affect the functioning of the political system;
Determined to work to contribute to act on the root causes of the current situation and to promote a truly national solution based on reappropriation of our sovereignty through a national consensus respectful of the general interest;
Aware that the measures taken by the de facto governments since the Parliament has been dissolved on January 13, 2020, have led to the aggravation of the crisis, making any democratic normalization more difficult ;
Rejecting, therefore, the numerous unconstitutional decrees and acts taken by the de facto governments;
Desiring to prevent a situation of violence and chaos that would be detrimental to the entire population and to avoid any infringement of national sovereignty;
Recognizing that the provisions of the current constitution are inapplicable to the situation arising from the disappearance of the former President;
Taking into account that since the Parliament has been dissolved and even more so with the vacancy of the Presidency, no State institution holds national sovereignty,
Desiring to achieve the re-establishment of the democratic order through the holding of honest elections and the re-establishment of the constitutional norm;
Noting that the current electoral system restricts the participation of voters and discourages the population from exercising their right to vote;
Seeking, to this end, to restore the population's confidence in the elections and in its elected leaders through an appropriate reorganization of the modalities of the organization of the electoral process, and the establishment of a climate of security for lasting political stability;
Agreeing on the urgent need to restore lasting stability in our country and to translate into reality the rules of good governance, transparency in management, respect for human rights, justice, and the fight against impunity;
Reiterating, in this case, our commitment to national democratic standards and international instruments to which Haiti is a party;
Informed by the contribution of previous agreements and aware of the difficulties encountered in their implementation and follow-up
Convinced that recourse to the vitality of the social sphere is the only way out of the crisis because the organized sectors of society are the only ones capable of counteracting the action of a State torn by the contradictions between the economic and political forces that control it.
We are in agreement with the following:
TITLE I: GENERAL PROVISIONS
Article 1. - This Accord aims to create the conditions for national stability with a view to a return to constitutional normality and the restoration of democratic order. It solemnly enshrines the elements of a consensus that is indispensable for a concerted settlement of the political crisis.
Article 2 - Civil society and political organizations, parties to the Agreement, reiterate their commitment to the following principles:
1. respect for the sovereignty of the State and its republican form and its democratic and secular character
2. rejection of violence as a means of political expression and recourse to dialogue and consultation to settle disputes
3. the principles of equality, freedom, human dignity, and the inalienable nature of fundamental rights and freedoms
4. the fight against corruption and impunity
5. transparency and accountability.
Article 3 - The Parties commit themselves to fully implementing the provisions of this Agreement. They are committed to respecting the results of the work of the National Sovereign Conference.
Article 4 - The Parties recognize that the first guarantee of the success of the Accord lies in their sincerity, good faith, and responsibility to assume the content of the Accord and to work towards the implementation of all of its provisions in the general interest of the Haitian population, and in particular of the sectors most affected by the crisis. It is understood that the Haitian population as a whole, particularly through its organizations, must remain actively committed to respecting the content of this Accord.
Article 5: In order to ensure political governance, the Parties agree to establish a two-headed governmental system based on the constitutional regime defined in the 1987 Constitution.
TITLE II: POLITICAL GOVERNANCE AND TRANSITION BODIES
Article 6: This agreement serves as a reference framework for the Transitional Government. The articles of the 1987 Constitution not affected by this accord remain applicable.
Article 7 - To guarantee the smooth running of the transition, fill the institutional gaps in the executive, legislative and judicial powers, and allow the proper accomplishment of their permanent and continuous missions, the following specific bodies are created.
(a) The Follow-up Committee (BS) for the implementation of the Agreement (Annex 1;
b) The National Transitional Council (NTC) for the selection of the President of the Transition and the Head of Government (Annex 2);
c) the Transitional Control Body (TCB) for the control of the Executive Branch (Annex 3).
Annexes 1, 2, and 3 specify the missions, functions, and obligations of each of these bodies, as well as their composition and mode of operation.
Article 8 - A National Transitional Council (NTC) is created. It is composed of members designated by the social sectors and the political parties and groups. The representation of the social sectors and political organizations will be equal.
The representation of the social sectors will be coordinated by an emblematic organization that will work with other recognized organizations in the sector. The distribution by social sector is as follows:
The representation of parties, groupings, and political poles is as follows:
Article 9 - Within thirty (30) days of its installation, the Transitional Government shall create and install independent bodies, attached to the Presidency of the Transition, responsible for dealing with the major priority issues of the Transition, in particular
The Bureau of the National Sovereign Conference. The constitutional issue and the political party system will be given priority in the agenda of the Sovereign National Conference;
A commission to deal with the issue of identification of citizens and the electoral system;
A Justice and Truth Commission.
Within sixty (60) days following the establishment of the Sovereign National Conference, the issue of constitutional amendments or the establishment of a constituent assembly will be addressed.
The Government shall undertake an evaluation of the electoral system and initiate relevant reforms to ensure that citizens can properly exercise their right to vote.
TITLE III: MISSIONS, POWERS, AND DURATION OF THE TRANSITIONAL GOVERNMENT
Article 10: The mission of the Transitional Government is to restore the regular functioning of the State, to strengthen the public administration, to guarantee the functioning of the judicial institutions, and to establish a climate of social peace conducive to the holding of the national conference and the organization of elections.
To this end, it has the following responsibilities
Implementing the road map that is an integral part of this Agreement;
To conduct public policies and ensure the proper functioning of the public administration;
Organize the recruitment and appointment of civil servants and clerks of the State and, in particular, of local elected officials whose term of office has expired in the local governments;
Form the independent offices and commissions provided for in the Agreement and provide them with the necessary means to carry out their mandate;
Evaluate the electoral system and carry out reforms to ensure transparent and inclusive elections.
Article 11 - The transition period will last twenty-four (24) months, starting from the date of the installation of the Transitional Government.
Article 12 - The ten (10) senators still in office will continue to sit until the end of their mandate. They shall formulate their proposals, opinions, and recommendations on all subjects or legislative texts whose treatment generally falls within the remit of the Senate of the Republic. However, their resolutions shall not be given binding force.
Article 13 - The Government appoints, on the proposal of local organizations, the interim executive agents in the communes and communal sections of the country. They will remain in office until the installation of the elected local authorities resulting from the next elections.
Article 14 - The powers, organization, resources, and functioning of the local authorities during the transition period will be decided by the Transitional Supervisory Body, on the proposal of the Executive Branch, after evaluation of their situation, at the latest three (3) months after the installation of the President of the Transition and the Head of Government.
Article 15 - The administrative acts of the authorities (budget of the Republic, the electoral framework, etc.) will be the subject of an agreement with the OCT, which will have the force of law.
Article 16 - Decrees issued after the dysfunction of the Parliament will be immediately reported and possibly reevaluated, as well as illegal and arbitrary appointments.
TITLE IV -
PROGRAMMATIC AXES
Article 17 - It is understood between the parties that the programmatic axes mentioned below are indicative of the general orientation of the Government's policy. They will be supplemented and developed through a detailed roadmap, with a timetable and a corresponding budget. To this end, the members of the socio-professional sectors will be solicited for the technical implementation of this roadmap.
Article 18 - The Parties agree to contribute to the elaboration of a roadmap for the transition, which should make it possible to provide short-term responses to the dramatic situation that the majority of the population is experiencing on a daily basis. This roadmap will have to set the main priorities of the government's action as well as that of the other strategic bodies set up to steer the transition. A timetable will be provided for each of the priorities selected. The roadmap will be developed around the following programmatic axes:
The mechanism of electoral processes, citizen participation in public policies, and decentralized management of state affairs
Public security
Justice and human rights
Corruption and impunity
Economic emergencies
Health and management of the COVID-19 emergency
The Sovereign National Conference
Agriculture and food sovereignty
Social protection - Education
Culture
Environment and risk and disaster management
International cooperation and diplomacy
The roadmap does not exempt the transitional government from the general obligations defined by the current articles of the Constitution and the laws of the Republic. It is mainly a tool to guide and evaluate the transition period in terms of the main expectations expressed by the vast majority of the population.
The organization of the electoral system
Article 19- The Transitional Government will ensure the transparency and credibilitý of the upcoming general elections in order to allow all Haitians to enjoy their right to express their votes freely. The general presidential, legislative and local elections will be held throughout the national territory.
In order to maintain confidence in the electoral process, neither the President of the Transition nor the Head of Government will be allowed to be a candidate in the upcoming presidential and legislative elections.
Public security
Article 20 - The minimum objective of the transitional government will be to guarantee the free movement of people and goods throughout the national territory. To this end, the actions of armed gangs that are currently paralyzing the connections between the different regions of the country as well as access to densely populated areas must be contained. The first element of the roadmap on this subject will be the evaluation produced by the CSPN of the real capacity of the different institutions involved in the security chain, both in terms of leadership and the resources made available to them. The list of institutions includes but is not limited to
The PNH;
The specialized bodies of the Ministry of Justice and Public Security.
An identical approach will be requested from the CSPJ regarding the functioning of the courts, particularly those operating in security-sensitive areas.
In general, a multisectoral and multidimensional approach will be adopted in order to prevent marginalization and to provide concrete responses to the problems that encourage delinquency; exceptional measures with visible results will be studied to create jobs and improve material living conditions in densely populated areas.
Justice and human rights
Article 21: In matters of justice and respect for human rights, the Transitional Government's objective will be to restore peace in the cities and to restore citizens' confidence in the institutions. Security measures will be taken to allow the regular functioning of the courts in the country's eighteen jurisdictions.
Article 22 - As soon as the transitional government takes office, public action will be taken against individuals presumed to be accomplices in the various acts of dispossession of public funds.
the squandering of funds, especially Petro Caribe, FNE, Dermalog, rapes, kidnappings and assassinations, and massacres, especially those of La Saline, Belair, Delmas 32, and Martissant.
Article 23 - A reparation fund will be set up. The victims of massacres and displacements will be given urgent assistance and restored to their rights. Measures will be taken for the reunification of the displaced, particularly those from Martissant, Belair, La Saline, and Delmas.
Article 24 - The Transitional Government will ensure that the transitional period is not the occasion for exactions or acts of vengeance that are prejudicial to the cohesion of the Nation.
Article 25 - The Transitional Government shall re-establish the CSPJ in its composition for the duration of the transition. Once it has become functional again and has re-established its missions, the CSPJ, in accordance with the law, shall propose the new judges to be appointed, after certification of their competence and moral integrity. The CSPJ will prepare a report on the functioning of the Haitian justice system, presenting an inventory, a diagnosis, and a set of measures aimed at strengthening its independence and functioning. The transitional government will repeal the decrees that retired certain judges of the Court of Cassation, in defiance of the principle of security of tenure.
Corruption and Impunity
Article 26: Any judgment of dismissal issued by the Superior Court of Accounts and Administrative Disputes (CSCCA) as a result of the Petro Caribe audit should result in the referral of this emblematic case to investigating judges. These judges will benefit from the technical, logistical, financial, and security support necessary for the accomplishment of their mission.
Article 27: The mission of the non-independent anti-corruption structures will be twofold: a general audit of the public administration and administrative investigations into the activities undertaken by previous governments, and monitoring of the activities of the transitional government. The work done by these bodies will have to be presented periodically to the nation, which will help to strengthen the image and legitimacy of the transitional government. The CSCCA, an independent institution, will also have to make its reports public.
Economic Emergencies and Social Protection
Article 28: Within thirty days of the transitional government taking office, the heads of the DGI and the AGD must present a report on the state of these institutions, as well as a plan to strengthen their control, collection, and verification capacities. Technological means will be used to improve service to the population, fight corruption and increase transparency in the taxes and duties collected.
Article 29. - The Boards of Directors of social security entities, public enterprises, and autonomous organizations will be established.
Article 30 - The Government, from the first days of its installation, will focus on the preparation and/or revision of the 2021-2022 budget, which will be validated by the OCT.
Article 31 - Agricultural policy will be revised to ensure the rehabilitation and protection of family farming.
Article 32 - The government will pursue a frank and constructive social dialogue with public and private sector unions. The operation of the Higher Council on Wages will be regularized to promote the upgrading of public service wages, particularly those of teachers and hospital staff.
Article 33 - The government undertakes to make every effort to resolve the issue of salary arrears for the various categories of personnel (teachers, hospital staff, etc.) and will make the necessary adjustments, in a frank dialogue with the persons concerned and with regard to the resources available in public funds.
Health, Public Hygiene, and Emergency Management of COVID-19 as well as Post-earthquake Management
Article 34 - The Government will make every effort to initiate the vaccination campaign, which will give priority to those at risk, depending on the vaccine acquisition capacities, on a voluntary basis..
Article 35: Particular attention will be paid to the responses to specific women’s health problems, in particular preventive and reproductive health. Children, the disabled, all vulnerable people, in general, will receive priority attention.
Article 36: The Government will take all necessary measures for the reunification of the families of the affected by the earthquake of August 14, 2021, their accommodation, food, health care, and other needs,
Article 36 - The Government will take all necessary measures for the reunification of the families of the southern peninsula affected by the earthquake of August 14, 2021, their accommodation, food, health care, and other basic needs as soon as possible and in compliance with humanitarian accountability.
Article 37: In conjunction with emergency operations, the Government will establish a plan for post-earthquake rehabilitation and rehabilitation and investment development plan for the southern peninsula as soon as the emergency phase is over.
The National Sovereign Conference
Article 38 - Within 30 days of its installation, the Government shall create the Bureau responsible for organizing the Sovereign National Conference called for by many sectors. The National Conference is a framework for dialogue and debate intended to allow Haitians to lay the foundations and rules of a new social pact.
The Bureau, once installed, has a maximum of four (4) months to carry out the national consultations and a period of one (1) month to submit its final report and conclusions to the nation via the transitional government, which will be responsible for implementing them. It will be adequately equipped by the government to carry out this mission within the prescribed time.
Education
Article 39 - The Transitional Government will open the process of reforming the Citizen School based on the values of equality, integration, solidarity, and the promotion of the language, history, and the culture of the country and making learners capable of meeting the challenges of the economic and social transformation of the Republic and of responsible citizen participation in the affairs of the State.
The Transitional Government has set itself the following objectives:
- The restoration of normal operating conditions in all public schools, particularly those in the public schools, in particular, those in the departments hit by the earthquake of August 14, 2021, and the Grace storm
- The relaunch and extension of school’s inspection to all private and public schools in the Republic
- The realization of an inventory of the teaching situation of the basic school in order to evaluate the needs in teachers as well as that of the teacher training colleges (ENI)
- The extension of the school canteen program with the use of local products in order to relieve the families of students and teachers, and to provide opportunities for local producers
Culture
Article 40 - The Government shall initiate a bold and generous cultural policy that will irrigate all areas of public intervention. A policy which, in the field of education, will aim to initiate our children to our arts, traditions, customs, and religion, while opening their windows to the arts of the world. In the same way that Christianity is taught in school, Vodou will also be part of the teaching of religion.
Article 41 - Within the limits of available funds, a fund to support artists will be established. The terms of access to this fund will be developed in consultation with associations and other organized groups in the cultural sector and will be specified in a roadmap for the sector.
Article 42 - The State, while reaffirming its secular character, will promote harmonious coexistence among the various religious denominations present in the territory, while respecting the beliefs of all. The government will take care to prevent any drift leading to stigmatization and violence against the Vodou community.
The Environment and the Management of
Risks and Disasters
Article 43 - Within the first month of its installation, the Government will convene a conference on the environment, climate change and risk and disaster management, with the main objective of identifying needs and mobilizing resources to urgently address this issue.
International cooperation and Haitian diplomacy
Article 44 - The Government will develop an adequate and effective strategy to identify and mobilize the financial resources necessary to meet the challenges of the Transition.
Article 45: The reform of the diplomatic function will be carried out on the basis of a re-evaluation of Haiti's diplomatic representation abroad and the mission of this diplomacy as defined in the Roadmap.
TITLE V: FINAL PROVISIONS
Article 46 - The implementing regulations, once signed by the Follow-up Bureau, will be considered an annex to the agreement.
Article 47 - The provisions of this Agreement and its annexes may only be modified with the express consent of the Parties.
Article 48 - The annexes form an integral part of the Agreement and have the same value as the other provisions of the body of the text, the preamble, and the declaration of principles.
Article 49 - This Agreement shall enter into force upon signature by the Parties and shall be published in the Journal Officiel Le Moniteur upon the installation of the Transitional Government
Made in Port-au-Prince on August 30, two thousand and twenty-one (2021).