Acknowledgement
This case study is based on information from various publications and reports of international bodies, including the Organization of American States (OAS), UNDP and the National Democratic Institute for International Affairs (NDI), on the May 2000 elections in Haiti. Additional information was obtained through personal interviews with members of the Provisional Electoral Council, (Conseil Electoral Provisoire). The author would like to extend special recognition to the Chief of the Electoral Mission of the United Nations Stabilization Mission in Haiti (MINUSTAH) and his staff, who provided the most accurate financial information for the elections to be held in 2005.
This study was revised in March 2006 by Pierre-André Guillaume, electoral consultant of UNDP for MINUSTAH /Electoral Assistance Section.
STRUCTURE OF THE EMB
The Conseil Electoral Permanent, Haiti’s permanent electoral authority, was established in the 1987 Constitution (articles 191 to 199). It was conceived as an independent council tasked with developing a voter register, organizing elections and serving as the tribunal for electoral disputes. However, although it was created by law, this permanent council has not been formed yet, because the Constitution calls for a full election cycle as prerequisite for establishing the council—a situation that has not occurred since the creation legal creation of the council. Therefore, since 1988 all elections have been organized by a provisional electoral authority (Conseil Electoral Provisoire, to be referred to henceforth in this section by the acronym ‘CEP’).
Since 30 April 2004, the CEP has been composed of a board of nine members: one appointed by the private sector; three by the Catholic, Episcopal and Lutheran churches; one by human rights organizations; one by the Supreme Court; and three by political parties.
The composition of the board was agreed following a political settlement in June 2002 and incorporated into the Resolution 822 of the Permanent Council of the Organization of American States (OAS) in September 2002. This board began to function after taking oath at the Supreme Court in May 2004, and it will continue functioning until the permanent electoral authority is set up under the constitutional procedures scheduled to begin after the newly elected president of Haiti takes office (article 134:1 Constitution).
After the resignation in December 2004 of the president of the CEP, the council continued working under the leadership of an interim president who will be confirmed as president of the council in August 2005. A Comité d’Appui to help the executive functions of the CEP was appointed as indicated in internal by-laws.
STRUCTURE OF THE CEP OF 2005
The Provisional Electoral Council (CEP) is a hierarchical structure, with the nine board members acting as the highest level. The CEP has an electoral structure composed of departmental electoral offices at the provincial level (the Bureaux Electoraux Departementaux - BED); communal electoral offices at the district level (the Bureaux Electoraux Communaux -BEC); and voting centres (CV), formed of voting bureaus (BV) at the polling station level on Election Day.
The CEP has 11 department electoral offices (BEDs), which follow the geographical division of Haiti in departments: Ouest, Sud-Est, Nord, Nord-Est, Artibonite, Centre, Sud, Grande-Anse, Nord-Ouest and Nippes. Each department has one BED, with the only exception of the department of Ouest—the largest one— which has two: BED Ouest I and BED Ouest II.
In the departments, the BEDs are divided into Bureaux Electoraux Communaux (BECs). The number of BECs within each department varies by the number of the communes. Although Haiti has 140 communes, the CEP has 142 BECs, because Port-au-Prince, the capital, has three BECs.
Each BEC has several voting centres (CV). For the elections of 2006, the CEP will establish 803 voting centres around the country, which in turn will have several voting bureaus (BVs). For the 2006 elections, the CEP has planned to establish 9,214 BVs throughout the country.
THE BEDs and BECs
The role of the BEDs and the BECs, is to organize, manage and monitor the electoral process and to solve procedural challenges presented by political parties in a timely manner in the administrative territories under their jurisdiction. Each office is headed by a president, vice president and secretary appointed by the CEP. These three officials are assisted by two legal advisors charged with resolving electoral disputes at the local level. The departmental electoral offices are present in the following cities: North (Cap Haitien), Nord-West (Port-de-Paix), Nord-East (Fort Liberte), Artibonite (Gonaives), Grande-Anse (Jeremie), Nippes (Miragoane) and South-East (Jacmel), Plateau Central (Hinche), South (Les Cayes), West I and West II (Port-au-Prince).
The role of the voting bureaus is to manage election day operations at the polling stations during the 2006 elections.
THE VOTING CENTERS
Voting centres are accessible to the people living in the area and are designed to be easily accessed. They are situated by preference in schools, government buildings or other public facilities. Each voting centre has between 1 and 50 voting bureaus. Each voting bureau can receive a maximum 400 voters. The geographical identification of the voting centres and their physical description, the distance and travelling time from the BEC, accessibility, risk, etc., was conducted by MINUSTAH. All voting centres were approved by the CEP. A total of 9,214 voting centres have been established for 2006 elections.
THE NEW STRUCTURE OF CEP
In October 2005, the CEP will be transformed into a Conseil d’administration and will have a new mission, namely: to plan, organize and realize elections and take strategic decisions. In the meantime, a new Director General is in charge of all executive and operational aspects of the process. The general direction is divided into other components: electoral operations, administrative, legal, communication, security, etc.
THE REGISTRATION PROCESS
The voter registration operation for 2005 will be conducted with technical assistance from the Organization of American States (OAS). Of a total electoral budget of nearly $49 million, some $9 million will be allocated to the task of voter registration, which ideally will include the possibility of creating the basis for a civil register, still non-existent in the country. The overall voter registration process will be automated, instead of the current manual registration. Registration period, originally scheduled to take place from 9 August to 25 April, has been extended until 9 October 2005 in order to reach all the country. Presidential and legislative elections will take place on 7 February 2006 for the first round and on 21 April 2006 for the second round. Local elections are scheduled to take place on 18 June 2006.
All voters will receive a digital card that will gradually replace the national identification card. The OAS has established 615 offices for registration activities (400 registration centres, 185 automated registration offices, and 30 automated registration mobile units). The registration centres have been located in rural areas; the automated offices in urban areas; and the mobile units in the semi-urban areas. The number of automated centres will be adjusted as required to reach a larger number of potential voters. The registration process will take six months (April-October 2005).
As part of the operations, 3,200 polling centres will be established.. All automated registration offices will also be considered as polling centres. Voters will be advised about their voting locations during the registration process. The CEP and the international donors have approved this project to be implemented by the OAS. Some 3,535,025 identification cards are expected to be distributed by OAS to voters around all the country.
ELECTIONS CONSTITUTIONAL FRAMEWORK
From 1801 to 1987, Haiti had a total of three Fundamental Acts, 22 Constitutions (two of which were imperial), 14 amendments, and one accord. Regarding electoral provisions, there have been 25 electoral acts. The current electoral law, the 3 July 2005 Electoral Act, is regulated by the 29 March 1987 Constitution as well as by the Electoral Acts of August 1990 and February 1995. There is also the Political Party Functional Law, dated 31 July 1986.
The president is elected for a five-year term (consecutive terms are forbidden, although one can hold the office a second time after a five-year hiatus). Since the reintroduction of a bicameral Parliament in 1987, deputies are elected for a four-year term and senators for a six-year term. One third of Senate seats are up for election every two years.
Under regulations for the 2006 elections, which will fill every elected seat in the country, the Senate will be composed as follow: winners by majority in the first round of the election will be elected for a six-year term. The second round will oppose the candidates who have the same quantity of votes for a four-year or a two-year term (articles 76 to 78 of the electoral decree). The main elements of the electoral system are presidential elections (articles 86 to 90), elections to Senate (articles 80 to 85), elections for Deputies (articles 74 to 79) and local elections (articles 91 to 111).
Winners at local elections are elected for a four-year term (articles 98, 102,108). Local elections will take place after the second round. They are very important, because they will permit the establishment of the Conseil Electoral Permanent called for by the current Constitution of 1987.
PRESIDENTIAL ELECTIONS
After the introduction of the direct presidential election, a plurality system was established for the 1950 and 1957 elections. However, only one candidate campaigned in the 1950 election (Paul Eugene Magloire); in 1957 there were two candidates (Francois Duvalier and Louis Déjoie), so the system of decision was actually the majority system. No presidential elections were held during the two Duvalier governments (1957-1986). After the fall of the Duvaliers, there have been four presidential elections: 1988 (Leslie Manigat elected), 1990 (Jean-Bertrand Aristide elected), 1995 (Rene Preval elected), and 2000 (Aristide elected again). The president is elected via absolute majority. If no candidate achieves this majority in the first electoral round, a second round is held between the two candidates with the highest number of votes.
ELECTIONS TO THE SENATE
The country is divided in 10 departments, 99 circumscriptions, 140 communes and 570 rural sections.
Each of the 10 departments constitutes a three-member constituency. However, since one third of the Senate will be renewed at each election in the future, the country will be divided into single-member constituencies in each election.
All 30 Senators are elected via a majority system.
ELECTIONS TO THE CHAMBER OF DEPUTIES
The country has been divided according to population density into 99 single-member constituencies (electoral decree of 3 February 2005).
The 99 deputies, one by circumscription, are elected through a majority system during the first round.
If any candidate wins, a second round is necessary.
Seats are allocated by a first-past-the-post system, in which the candidate who has secured the most votes (not necessarily an absolute majority of the votes) is the winner.
LOCAL ELECTIONS
AMENDEMENTS TO THE ELECTORAL SYSTEM
The new electoral decree of February 2005 was modified many times. Appeal was made at the Cour de Cassation of the contentious decisions: requirement for candidates to the Senate, rules of majority for president, requirement process for financing parties and candidates.
Various decrees are expected to be enacted by the government in the second half of 2005 about various aspects of the electoral process like the electoral lists, financing of political parties, nationality of candidates, and identification card.
ELECTORAL ASSISTANCE SECTION SUPPORT
The Chief Electoral Officer (CEO) joined MINUSTAH on 18 August 2004. This was the official starting point of Electoral Assistance Section (EAS) within MINUSTAH. The mission carried out many important tasks. It assisted the CEP in revising the electoral law by preparing working papers on the main issues involved in the drafting of the new legislation and internal by-laws. It also provided support to the CEP in formulating a chronogram of activities with sets of options. The main areas of support are: training sessions for members of CEP, political parties, civil society, voter registration plan proposal, assisting CEP staff, registration process, communication systems, budget management, establishing civic education programs, tabulation centre, electoral calendar, logistics plan, security system, procurement guidelines, procedures for the elections, establishing voting centres, legal aspects, and regional coordination.
One of the critical phases of electoral processes are the procedures around voting and counting, complaints and appeals processing, tabulation and announcement of the final results.
The greatest challenges were for the EAS to plan, work with a CEP, sometimes divided, execute complex electoral operations, solve budget problems, and participate in creating good environment to attain the objective of successful, peaceful, nationally and internationally accepted elections.
OAS ELECTORAL TECHNICAL ASSISTANCE
The Organization of American States (OAS) voters plan provides for the establishment of approximately 615 offices for registration activities (400 registration centres, 185 automated registration mobile units). The registration will be located in the rural areas, the fixed automated in the urban area and the mobile in the semi-urban areas.
The overall voters’ registration will be automated and voters will all receive a digital card (Carte d’identification nationale) that will gradually replace the “numéro d’identification fiscal” (NIF).
OAS provided support to the CEP in creating a reliable electoral registry for the elections, issuing a secure and adequate identification card to the voters, providing the operational framework for a plan of strengthening and modernizing the civil registry and contributing to the training of electoral technicians. A high-tech registration system has been conceived. The electoral partial list (LEP) and electoral general list (LEG) have been prepared and are available at the time of the writing of this document. The registration system is fundamental for the success of the vote and the future of a strong civil register.
STRUCTURE AND CONCEPT OF OPERATIONS
The concept of operations provides for establishment and operations of the BEDs and BECs, elaborate technical strategy for registration, staffing BEDs, logistical support, purchase and deployment of transport vehicles, communication facilities, security and coordination between the MINUSTAH Electoral Unit and other institutions.
MINUSTAH UNVs
Many UNVs participate in supervision of electoral process in assigned regions. They assist CEP technicians for registration of voters, identify sites for registration and voting centres, plan training sessions, and provide logistical support to BEDs and BECs. Each BED is headed by a District Coordinator who reports directly to the Chief Electoral Officer. The district coordinator supervises the electoral process down to the communal levels.
CIVIC EDUCATION
Only $1,263,167 has been provided for civic education, despite the importance of this component of the electoral process. Under this heading comes the cost of consultants that the CEP plans to hire to conduct civic education programs over 13 months. The consultants are expected to conduct civic education programs prior to the registration process and through election day. Additional funds have been requested from donors for this line item of the budget. An intensive campaign is expected during the registration process, followed by a massive campaign to promote voter participation after political parties and candidates are registered. So far, there is nothing planned to support political party activities by either civic education NGOs or domestic monitoring groups.
As the voter registration process, public information on the electoral decree and the national identification card began in April 2005. Approximately 200,000 radio spots and 1,500 television spots have been launched. Civic education materials have been produced and distributed nationwide (500,000 posters, 1,000,000 pamphlets and 1,000 banners).
In June 2005, two important national registration days were conducted: one for women and another for civil society. It should be noted that women represent 52% of the Haitian population and this national day has significantly boosted the registration process.
TRAINING SESSIONS
In August 2005, a training of trainers’ course will be conducted for 60 participants, who then in turn will have to train 550 civic education agents who are expected to then train up 3,500 civic education promoters from departmental level down to the communes.
According to the year 2003 census, 4.2 million Haitian citizens will have the right to vote in the 2006 elections. The municipal elections are expected to be held in June 2006, and the first round of the legislative and presidential elections scheduled to take place in February 2006. The second round for these elections will follow on 21 April 2006. In compliance with the Constitution, an elected legislative power will be installed in May after the second round, and the president will be sworn-in in May 2006.
The total resource requirement for the CEP, the provisional electoral council, for the period from 1 October 2004 to 31 December 2005 is planned to amount nearly $49 million, covering personnel and operational costs. The Haitian government will cover the regular costs of the CEP’s approximately 82 headquarters staff. It will also contribute $2.9 million for the extraordinary electoral budget. Three main international donors (Canada, the European Union, and the United States) have committed to provide $41 million. The financial resources for operational items have been linked to quantitative outputs.
This budget covers all elections (at least two, but possibly three) in 2006. Since the CEP is not a permanent institution and there are no other activities between election years such as updating the voting list or issuing IDs as do most permanent EMBs, there is no ordinary budget.
The substantial financial contribution of the international community, as described below, underpins the entire electoral operation in Haiti. Because of financial constraints, the national contribution is less than 10 percent of the total budget. Table 1 shows the structure of the required funds.
Table 1. Budget projection from electoral division of MINUSTAH
Category | US$ |
Civilian personnel | |
National staff | 4,027,939 |
Subtotal | 4,027,939 |
Operational costs | |
Salaries for voter registration and polling officers | 12,097,167 |
Civic education and public information | 4,012,923 |
Official travel | 96,660 |
Facilities and infrastructure | 4,590,444 |
Ground transportation | 2,078,571 |
Air transportation | 169,444 |
Naval transportation | 16,667 |
Communications | 624,222 |
Information technology | 6,200,000 |
Security Other supplies, services and equipment | 4,000,000 |
Other supplies, services and equipment | 10,979,144 |
Reserve for contingency (5% CEP requirements) | 2,009,635 |
Subtotal | 45,993,180 |
Gross requirements | 48,893,180 |
Government contribution (cash) | 2,900,000 |
Net requirements | 45,993,180 |
Voluntary contributions in kind (budgeted) | — |
Total requirements | 48,893,180 |
Note: This budget is a work-in-progress and may very well change as donor negotiations precede.
Some of the main issues and trends regarding election cost structures are detailed below.
a) Transportation
Given the precarious conditions for communications in Haiti, transport represents a major issue. Thus, the CEP will purchase approximately 200 vehicles and have three block coordinators based in Port-au-Prince to provide direct support to the electoral departmental offices in their area of responsibility. The three blocks coordinators are going to be divided in the following way: 1) South, comprising Jacmel, Les Cayes, Jeremie and Miragoane; 2) North, comprising Artibonite and Plateau Central; and 3) West, comprising Port-au-Prince. Each block coordinator will have one vehicle. The departments will be provided with three vehicles each while the communal office will receive one vehicle each. This will bring the total fleet to 191 vehicles; additional vehicles for transport of electoral equipment from seaports to storage facilities and communal sections can be rented locally. There are also ground fuel station companies that can be contracted locally. Air transport is also available in almost every commune for landing helicopters. Several seaports are available and provide facilities for unloading equipment, but storage facilities are rare. In most departments and communes, telephone facilities exist, both fixed lines and mobile services (except in Jeremie, which has no cellular phone service). There are community radio services and TV channels. Radio communication services will be placed in each department and commune to facilitate direct communication with Port-au-Prince and other departments.
b) Staffing and logistics
Local staff and logistical facilities will be provided. Office space will be provided by the government where possible, otherwise offices will be rented when it is not possible to secure government-owned premises. There will be requirements for the refurbishment of all office spaces and small construction services to ensure that the electoral infrastructures are viable. For local and temporary personnel, Table 2 outlines what is planned for electoral staff costs.
Table 2. Planning for electoral staff costs
Category of personnel | Number of personnel | Duration |
CEP | 82* | 5 months |
Departmental electoral offices | 165 | 15 months |
Communal electoral offices | 1,395 | 15 months |
Polling officers | 56,000 | 3 days training |
Total | 57,642 | |
* To be funded by Haitian government
National staff salaries are estimated to cost $4,027,939. Cost estimates are based on the phased recruitment and deployment of 165 staff for the departmental electoral offices and 1,395 staff for the communal electoral offices to be hired for 15 months. The cost estimate for salaries is based on $3,526,250 for departmental electoral offices and $501,689 for communal electoral offices, rates that are derived from the national salary scale rates for public servants. CEP central headquarters operating costs for approximately 82 staff will be directly funded by the government.
Voter registration officers’ salaries are estimated to cost $2,017,167. According to the electoral law of 1999, each voter registration office should comprise a staff of five: a president, vice president, secretary, and two voter registration officials. The monthly salary of voter registration officers is approximately $111, while voter registration officials receive $97 for a two-month period. A total of $10,080,000 is provided for salaries of 56,000 polling officers for each of the three types of elections: municipal, legislative and presidential (first and second round). The cost estimate for polling officers’ salaries is based on $60 per officer for 56,000 officers covering approximately 14,000 polling stations (300 voters per station on average). In accordance with Haiti’s electoral law, polling stations will be open from 6:00 a.m. to 4:00 p.m.
$501,689 for communal electoral offices, rates that are derived from the national salary scale rates for public servants. CEP central headquarters operating costs for approximately 82 staff will be directly funded by the government.
Voter registration officers’ salaries are estimated to cost $2,017,167. According to the electoral law of 1999, each voter registration office should comprise a staff of five: a president, vice president, secretary, and two voter registration officials. The monthly salary of voter registration officers is approximately $111, while voter registration officials receive $97 for a two-month period. A total of $10,080,000 is provided for salaries of 56,000 polling officers for each of the three types of elections: municipal, legislative and presidential (first and second round). The cost estimate for polling officers’ salaries is based on $60 per officer for 56,000 officers covering approximately 14,000 polling stations (300 voters per station on average). In accordance with Haiti’s electoral law, polling stations will be open from 6:00 a.m. to 4:00 p.m.
c) International financial assistance
UN Security Council resolution 1542 (2004) gave MINUSTAH the mandate "To assist the Transitional Government of Haiti in its efforts to organize, monitor and carry out free and fair municipal, parliamentary and presidential elections…through the provision of technical, logistical and administrative assistance…"
OAS General Assembly resolution 2058 of June 8, 2004 calls on the OAS special Mission for Strengthening Democracy in Haiti "To assist the country’s Provisional Electoral Council in preparing, organizing and overseeing the elections and the proclamation of the results, in cooperation with MINUSTAH."
Pursuant to these provisions, the OAS and MINUSTAH approved a Memorandum of Understanding to foster cooperation and outline and assign tasks to coordinate their efforts to achieve their stated objectives. The OAS is to be responsible for the registration of voters in the electoral process, which will create a civil register system, while MINUSTAH electoral mission will provide technical assistance to the CEP over the entire electoral process in all areas.
Of the $41 million committed by donors, $9 million has been allocated to the OAS through UNDP. The following countries and regional organizations have pledged or are considering technical assistance: Brazil, Chile, Colombia, France, Japan, Mexico, Spain, Venezuela, the Caribbean Community (CARICOM), and the Organization of French Speaking Countries (OIF). The international community has pledged additional funding for civic education and election observation programs, including political party activities. MINUSTAH is also preparing to establish a Trust Fund aimed at mobilizing additional resources for the elections as may be required.
MINUSTAH is assisting CEP to build internal capacity and to make efficient use of international resources. At the same time, several key organizational issues that may affect CEP staffing, including inter alia, operational planning, technical assistance and logistical support, are currently being discussed at the CEP. This extraordinary budget provides for hiring and training of 57,642 nationals: 165 departmental electoral office staff, 1,395 communal electoral office staff and 56,000 polling station officers. The total resource requirements for 2004–2005 elections have been linked to CEP objectives through a result-based framework.
About the author
Dr. Félix Ulloa is NDI's senior resident director in Haiti, managing the Institute's programs there since 2000. Prior to joining NDI, Dr. Ulloa served as magistrate of the Supreme Electoral Tribunal in his native El Salvador from 1994 to 1999. He has taught at several universities of El Salvador, and has been invited to the Language School of Middlebury College in the United States. He also served as president of the Institute of Law of El Salvador, and has participated in elections programs for the United Nations, OAS, the International Foundation for Election Systems (IFES), the International Institute for Democracy and Electoral Assistance (IDEA), the Center for Elections Assistance (CAPEL), and NDI, providing oversight for electoral bodies, political parties, and civic organizations.
Dr. Ulloa has published books, essays and articles in several countries, on topics such as democracy, elections and political parties. He earned a law degree from la Universidad Complutense, Madrid, and from la Universidad de El Salvador. He has also completed other post-graduate studies at the Institut International d'Administration Publique in Paris and at the Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota in the United States.
