Unfair and undemocratic
The Miami Herald, BY IRA J. KURZBAN, Posted on Wednesday, 09.08.10
Imagine if the Federal Election Commission in the United States
disqualified the Democratic and Republican parties from the 2012
presidential election and declared that only candidates of minor parties
could run. No one would consider it a fair election, and certainly the
people of the United States would rise up, claiming the election is
unconstitutional and undemocratic.
Yet the upcoming presidential and parliamentary elections in Haiti on
Nov. 28 are just that -- unfair, unconstitutional and undemocratic. The
country's Provisional Electoral Council, which itself is not
constitutionally composed, is refusing to allow the country's majority party
-- Famni Lavalas (Lavalas Family) -- to participate in the election.
Thirteen other legitimate political parties are also being excluded from
parliamentary elections.
The Famni Lavalas Party, headed by former President Jean Bertrand
Aristide, won the last democratic election it was allowed to participate in
by overwhelming margins. In May 2000, when President Ren? Pr?val was in his
first term, the party won virtually all the seats in the lower house of
Parliament, the state houses and local governments. It won most of the seats
in the Haitian Senate and the presidency. Since the February 2004 coup,
Famni Lavalas has been banned from participating in Haitian politics.
The current Provisional Electoral Council, hand-picked by President Pr?val,
has fabricated a new eligibility requirement to disqualify Famni Lavalas
from the presidential elections. This new rule requires that the head of
each party register presidential candidates in person.
President Aristide, however, is exiled in South Africa where a tacit
agreement between many governments keeps him there. While the great powers
have maintained a code of silence concerning Aristide and his right to
return to his own country, they are feverishly working, with the complicity
of the South African government, to ensure that he does not return. At the
same time, the government of Haiti has refused to renew Aristide's passport
to allow him to return to Haiti to register his party.
These political maneuvers are not lost on Haiti's people. While the
mainstream media in the United States focuses on whether Wyclef Jean may run
for president or what Sean Penn thinks of Jean's candidacy, the Haitian
people refuse to play the fool. Indeed, they know the presidential election
that will be imposed on them has nothing to do with democracy.
They will, as they did in 2005, only support a presidential candidate who
will bring Aristide and Famni Lavalas back to the Haitian electoral system.
With Famni Lavalas out of the race, the election will have extremely low
turnout, which international ``authorities'' will predictably say is ``the
best one can expect'' given the earthquake.
The result is a faux election that will have lasting consequences for
Haiti and the international community.
It will undermine the stated goal of the United States and its allies to
achieve ``stability'' in Haiti, and it will undermine the legitimacy and
sustainability of a central Haitian government that is not elected by, but
for, the people.
In a report to the U.S. Senate Foreign Relations Committee, Sen. Richard
Lugar, R-Ind., called upon President Pr?val to restructure the Provisional
Electoral Council and ensure the participation of opposition parties,
including Famni Lavalas. Without this, Lugar argued, the November elections
will lack credibility. Lugar warned, ``The absence of democratically elected
successors could potentially plunge the country into chaos.''
Fair, inclusive elections -- that include the participation of Famni
Lavalas and other legitimate political parties and respect for the right of
all exiles to return, including Aristide -- are essential for establishing a
Haitian government with the legitimacy and capacity to effectively manage
the country's reconstruction. Settling for elections that are less than fair
and inclusive might seem expedient in the short term, but in the mid- and
long-term accepting flawed elections will ensure civil strife and political
controversy. It will imperil international community investments in Haiti
while leaving the country vulnerable to the next natural, economic or
political disaster.
If we believe in spreading democracy throughout the world, it is
difficult to understand the code of silence by the United States and other
nations that support the disenfranchisement of the Haitian people by
eliminating the majority party in the election.
Ira J. Kurzban was the general counsel in the United States for the
Republic of Haiti for 13 years during the Aristide and first Pr?val
administrations.