| ||Front Matter|
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| ||Chapter I: Background|
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||Report on the situation regarding human rights in Haiti
||Washington, Pan American Union, 1963
||Inter-Am. Com. on Human Rts.
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Chapter I: Background
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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REPORT ON THE SITUATION
REGARDING HUMAN RIGHTS IN HAITI
PAN AMERICAN UNION
General Secretariat, Organization of American States
Doc. 5 (English)
19 November 1963
Doc. 5 (English)
19 November 1963
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REPORT ON THE SITUATION
REGARDING HUMAN RIGHTS IN HAITI
Approved by the Inter-American
Commission on Human Rights at the Fourteenth
Meeting of its Seventh Session held on
October 21, 1963
PAN AMERICAN UNION
General Secretariat, Organization of American States
This document was prepared by the Secretariat of the Commission
TABLE OF CONTENTS
I. Activities of the Commission in connec-
tion with the situation regarding human
rights in Haiti 1
II. The second report of the Special Commit-
tee of the Council of the Organization of
American States, acting provisionally as
Organ of Consultation 7
CHAPTER TWO 9
I. Right to Life, Liberty, and Personal
A. Provisions of the American Declaration 9
B. Reports on violations of the right to
life, liberty, and personal security
in Haiti 9
II. Right to Freedom of Investigation, Opinion,
Expression and Dissemination 13
A. Provisions of the American Declaration 13
B. Complaints involving violations of the
right to freedom of investigation,
opinion, expression, and dissemination 13
Co Information furnished by the Government
of Haiti 15
III. Right to a Fair Trial, to Protection From
Arbitrary Arrest, and to Due Process of Law 17
A. Provisions of the American Declaration 17
B. Complaints regarding violations of the
right to a fair trial, of the right to
protection from arbitrary arrest, and
of the right to due process of law in
C. Information supplied by the Govern-
ment of Haiti 23
IV. Right of Asylum 23
A. Provisions of the American Declaration 23
B. Complaints regarding violations of the
right of asylum in Haiti 24
V. Right to Vote and to Participate in
A. Provision of the American Declaration 25
B. Complaints of violations of the right
to vote and to participate in govern-
ment in Haiti 25
C. Information furnished by the Govern-
ment of Haiti 28
VI. Right of Assembly and of Association 31
A. Provisions of the American Declaration 31
B. Complaints of violations of the right
of assembly and the right of associa-
tion in Haiti 32
VII. Right to Residence and Movement 33
A. Provision of the American Declaration 33
B. Complaints regarding violations of the
right to residence and movement in
C. Information furnished by the Government
of Haiti 34
VIII. Right to Education and to the Benefits of
A. Provisions of the American Declaration 35
B. Complaints involving violations of the
right to education in Haiti 36
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Since its Second Session, the Inter-American Commission on Human
Rights has received communications or complaints regarding serious vio-
lations by the Haitian Government of the human rights set forth in the
American Declaration of the Rights and Duties of Man, adopted at the
Ninth International Conference of American States, held at Bogota in 1948.
During its eight sessions, the Commission took cognizance of twenty-seven
communications and complaints with reference to violations of human
rights in Haiti. Most of these complaints are signed by several individ-
uals or by officers of associations of Haitian citizens in exile.
Pursuant to the power conferred upon it in Article 9.d of its Statute,
the Commission requested information from the Government of Haiti concerning
those complaints which, in conformity with its Statute, it considered appro-
priate. These complaints were brought to the attention of the Haitian Gov-
ernment, in accordance with the provisions of Articles 36 and 40 of the
Regulations of the Commission.
From the background events to be described herein, the following facts
may be inferred:
1. That the request for information sent to the Government of Haiti
by the Commission referred to serious and repeated violations of human rights
in that country;
2. That the information supplied by the Government of Haiti did not re-
late to the complaints transmitted by the Commission in their entirety;
3. That, in some cases, the information supplied to the Commission
by the Government of Haiti was incomplete, while in others the Government
merely denied that human rights were violated in Haiti, but without supply-
ing any information on the specific complaints transmitted by the Commission;
4. That on two occasions, September 26, 1962, and May 7, 1963, the
Commission, in accordance with Article ll.c of its Statute, requested per-
mission from the Government of Haiti to go to that country to study the
situation regarding human rights;
5. That, on both occasions, the Government of Haiti refused the Com-
mission the permission it requested, on the grounds that its visit might
be interpreted as a form of interference in the internal affairs of the
Republic of Haiti; and
6. That, on both occasions, the Commission made it expressly clear
that it respected the sovereignty of Haiti, but that it was empowered by
Article ll.c of its Statute to visit the territory of any American state,
with prior consent of its government.
Since the communications received contain accusations of serious and
repeated violations of human rights in the Republic of Haiti, which,due to
the Haitian Government's refusal,the Commission has been unable to study
and verify in the country itself, the Inter-American Commission on Human
Rights, in accordance with Article 9.c of its Statute, has decided to pre-
pare this report on the situation regarding human rights in the Republic of
I. Activities of the Commission in connection with the situation regard-
ing human rights in Haiti
In the course of its eight sessions, as mentioned in the introduction
to this report, the Commission received numerous communications or complaints
regarding serious violations of human rights by the Haitian Government.
In this connection, the Commission sent six notes to the Government of
Haiti--dated August 30, 1961; April 5, May 22, and September 5, 1962; and
January 2 and September 13, 1963--accompanied by thirteen communications or
complaints, regarding which the Commission requested pertinent information
from the aforementioned government.
The Government of Haiti answered the communications of the Commission
through notes of July 12 and September 12, 1962; and January 11 and Sep-
tember 23, 1963. In the first two, that government furnished information
on some of the acts that were the subject of the complaints. In its note
of January 11, 1963, the Haitian Government confined itself to stating that
the voluminous files of complaints against the government of the republic
were "insignificant and baseless" and in its note of September 23 of the
same year, it again stated that the complaints contained in the communica-
tions referred to it by the Commission were false and unfounded.
Since the communications received by the Commission complained of serious
and repeated violations of human rights in the Republic of Haiti, the Com-
mission, at its Fourth Session (April 2 to 27, 1962), entrusted to its secre-
tariat the preparation of a background document on the situation.
In accordance with that mandate, the secretariat prepared a confidential
document, which it submitted to the Commission for its cognizance during
the Fifth Session, held between September 24 and October 26, 1962.2
During the aforementioned session, the Commission carefully considered
the case of the Republic of Haiti, and in view of the information and com-
munications received, alleging serious and repeated violations of human
rights, it decided, in accordance with the provisions of Article ll.c of
its Statute, to request permission of the Haitian Government to go to Haiti
to hold part of its Fifth Session there.
This request for permission was transmitted to the Secretary of State
for Foreign Affairs of the Government of Haiti through the following cable,
dated September 26, 1962:
THE HONORABLE RENE CHALMERS
SECRETARY OF STATE FOR FOREIGN AFFAIRS
PORT AU PRINCE, HAITI
I HAVE THE HONOR TO INFORM YOUR EXCELLENCY THAT, IN ACCORDANCE WITH
THE AUTHORITY VESTED IN IT BY ARTICLE 11.C OF ITS STATUTE, THE INTER-
AMERICAN COMMISSION ON HUMAN RIGHTS HAS PROPOSED GOING TO THE REPUBLIC
OF HAITI FOR THE PURPOSE OF HOLDING PART OF ITS CURRENT SESSION IN THAT
COUNTRY. IN STRICT OBSERVANCE OF THIS SAME STATUTORY ARTICLE, THE COM-
MISSION HAS ENTRUSTED ME WITH THE PLEASING TASK TO REQUEST OF THE GOV-
ERNMENT OF HAITI, THROUGH YOUR OFFICE, ITS PRIOR CONSENT TO THIS VISIT.
I TAKE THIS OPPORTUNITY TO RENEW TO YOU THE ASSURANCES OF MY HIGHEST
After two weeks had elapsed without a reply from the Government of Haiti,
the Commission decided to repeat its request and sent the Haitian Government
another cable on October 9, 1962. This read as follows:
THE HONORABLE RENE CHALMERS
SECRETARY OF STATE FOR FOREIGN AFFAIRS
PORT AU PRINCE, HAITI
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS REPEATS ITS REQUEST FOR
PERMISSION, TRANSMITTED TO YOUR EXCELLENCY ON SEPTEMBER 26 LAST TO GO
TO THE REPUBLIC OF HAITI IN ORDER TO HOLD PART OF ITS PRESENT SESSION
IN THAT COUNTRY. THE COMMISSION HAS ENTRUSTED ME WITH THE TASK OF RE-
1. OEA/Ser.L/V/II 5, Doc. 2, September 18, 1962-
2. OEA/Ser.L/V/II.5, Doc. 40, February 11, 1963.
QUESTING OF THE GOVERNMENT OF HAITI, THROUGH YOUR OFFICE, A PROMPT
REPLY TO THAT REQUEST. I TAKE THIS OPPORTUNITY TO RENEW TO YOU THE
ASSURANCES OF MY HIGHEST CONSIDERATION.
The Government of Haiti sent a cable to the Commission on October 11,
1962, denying the requested permission with the explanation that a visit by
the Commission to Haiti could be interpreted as interference in Haiti's in-
ternal affairs. This cable was as follows:
MR. MANUEL BIANCHI, CHAIRMAN
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
PAN AMERICAN UNION
I HAVE THE PLEASURE TO ACKNOWLEDGE RECEIPT OF YOUR CABLEGRAM OF OCTO-
BER 9 REGARDING THE REQUEST OF THE INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS FOR PERMISSION TO HOLD A PART OF ITS CURRENT SESSION IN THE RE-
PUBLIC OF HAITI. I WISH TO POINT OUT THAT THE COMMISSION HAS NOT LAID
THE BASIS FOR THAT REQUEST, WHICH CAN BE INTERPRETED AS A FORM OF IN-
TERFERENCE IN THE INTERNAL AFFAIRS OF THE REPUBLIC OF HAITI THAT AF-
FECTS ITS SOVEREIGNTY. I REGRET TO INFORM YOU THAT MY GOVERNMENT,
AFTER DUE COGNIZANCE OF THE MATTER, DOES NOT CONSIDER THAT IT HAS THE
DUTY TO AUTHORIZE THE REQUESTED PERMISSION. I WISH TO EXPRESS MY
SECRETARY OF STATE FOR
After carefully considering the Haitian Government's reply, the Com-
mission reached the following conclusions:
1.o That the power to go to the territory of an American state is
authorized in Article lloc of the Commission's Statute;
2. That when the Commission requests permission- to go to an American
country it has no purpose other than making an impartial and highly responsi-
ble study of the situation regarding human rights in that country; and
3. That the interpretation accorded by the Haitian Government to the
request made by the Commission, namely, that its visit could affect the
sovereignty of that country, contradicted the position that it took during
the Fifth Meeting of Consultation of Ministers of Foreign Affairs when the
Inter-American Commission on Human Rights was created. Haiti voted affirma-
tively for this, as well as for approval of the Statute of the Commission by
the Council of the Organization of American States.
On the basis of these conclusions, the Commission agreed to send the
following note to the Government of Haiti on October 16, 1963:
Mr. Secretary of States
I have the honor to acknowledge Your Excellency's kind cablegram
of October 11, in which you deigned to advise the Inter-American Com-
mission on .Human Rights that your Government does not consider that it
has the duty to authorize the permission requested by this Commission
on September 26, last, and repeated on the ninth of this month, because
it considered that the Commission "has not laid the basis for that re-
quest, which can be interpreted as a form of interference in the internal
affairs of the Republic of Haiti that affects its sovereignty."
In this regard, the Commission wishes respectfully to remind Your
Excellency's Government that it is granted the power to go to the ter-
ritory of any American state, with the prior consent of the respective
government, in conformity with Article ll.C of its Statute, which reads
co The permanent seat of the Commission shall be the Pan American
Union. The Commission may move to the territory of any American state
when it so decides by an absolute majority of votes and with the
consent of the government concerned.
In accordance with that provision, inspired by the purpose for which
the Commission was created, which is to facilitate its examination of
the subject of human rights in an impartial and highly responsible spirit,
the Commission requested the previous consent of the Government of Your
Excellency to go to the territory of Haiti.
The Commission regrets that Your Excellency's Government considers
that request as a form of interference which could affect the sovereignty
of your country, especially in view of the fact that your Government,
through its Representative in the Council of the Organization of Ameri-
can States, approved the Statute of the Commission, to which the Fifth
Meeting of Consultation of Ministers of Foreign Affairs, with the affirma-
tive vote of Haiti, ascribed the competence to promote the respect of
human rights in the American states. Furthermore, the fact that the Com-
mission has requested the consent of your Government in itself indicates
its respect for the sovereignty of the Republic of Haiti.
In view of the fact that the Commission cannot insist on its re-
quest when a Government has denied its consent, the Commission wishes
to indicate to Your Excellency that, with this note, it is closing the
matter at this time.
I take this opportunity to express to Your Excellency my highest
Chairman of the Inter-American
Commission on Human Rights
The Honorable Rene Chalmers
Secretary of State for Foreign Affairs
Although in the above note the Commission informed the Haitian Govern-
ment that for the time being it considered the matter closed, it should be
observed, as indicated in the said note, that the Commission was not renounc-
ing the power given to it by its Statute to study the situation regarding
human rights in the American countries.
During its Sixth Session (April 16 to May 8, 1963), the Commission con-
tinued to concern itself with the problem of human rights in Haiti,3 and at
its meetings of May 2 and 3, 1963, it received several Haitian citizens,
representing Haitian associations in exile, who had requested to meet with
the Commission in order to enlarge upon the accusations that they had trans-
mitted in writing. The Commission also continued considering claims or
complaints sent to it, regarding violations of human rights in Haiti.
In examining these communications or claims, the Commission observed
that they contained complaints involving serious and repeated violations of
human rights in Haiti, which fully coincided with reports appearing in news-
papers of the hemisphere. In view of this, the Commission, at its meeting
of May 6, 1963, in Santo Domingo, Dominican Republic, agreed to request in
accordance with Article ll.c of its Statute, permission from the Government
of Haiti to hold part of its Sixth Session in the territory of that country.5
3. OEA/Ser.L/V/II.7, Doc. 28, June 29, 1963.
This request was transmitted by the following cable, dated May 7, 1963:
SECRETARY OF STATE FOR FOREIGN AFFAIRS
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DEEPLY CONCERNED OVER
REPORTS AND COMPLAINTS IT HAS RECEIVED IN WASHINGTON DC, AND PARTICU-
LARLY BY THOSE TRANSMITTED TO IT IN THAT CITY BY PRIVATE INDIVIDUALS
AND REPRESENTATIVES OF ASSOCIATIONS ON MAY 2 AND 3, 1963, ON SERIOUS
AND REPEATED VIOLATIONS OF HUMAN RIGHTS THAT TOOK PLACE IN HAITI, CO-
INCIDING WITH RECENT AND SUPPORTING INFORMATION APPEARING IN THE CON-
TINENTAL PRESS, WISHES TO REQUEST AGAIN, IN ACCORDANCE WITH ARTICLE
1l.c OF THE STATUTE, THE CONSENT OF THE GOVERNMENT OF HAITI TO HOLD
PART OF THE PRESENT SESSION IN HAITIAN TERRITORY. IN THIS RESPECT I
WISH TO REMIND YOUR EXCELLENCY THAT, AFTER THE GOVERNMENT OF HAITI'S
DENIAL, OCTOBER 11, 1962, OF THE FIRST REQUEST FOR CONSENT SENT BY
THE COMMISSION ON SEPTEMBER 26 OF THE SAME YEAR, I SENT YOUR EXCEL-
LENCY A NOTE ON OCTOBER 16, 1962, STATING THAT THE COMMISSION HAS THE
AUTHORITY TO TRAVEL, AFTER PERMISSION IS RECEIVED FROM THE RESPECTIVE
GOVERNMENT, TO THE TERRITORY OF ANY AMERICAN STATE, AND THAT THE EX-
ERCISE OF ITS POWERS IN THIS CASE DOES NOT SIGNIFY ANY INTERFERENCE
IN THE INTERNAL MATTERS OF AN AMERICAN STATE THAT MIGHT AFFECT ITS
SOVEREIGNTY, AS HAS BEEN RECOGNIZED BY THE AMERICAN STATES THEMSELVES,
AMONG THEM HAITI, WHEN THEY CREATED COMMISSION AT THE FIFTH MEETING OF
CONSULTATION OF MINISTERS OF FOREIGN AFFAIRS AND APPROVED ITS STATUTE
ON MAY 25, 1960o. I SHALL GREATLY APPRECIATE AN IMMEDIATE REPLY TO THIS
COMMUNICATION, BY CABLE, FROM YOUR EXCELLENCY. ACCEPT SIR THE RENEWED
ASSURANCES OF MY HIGHEST CONSIDERATION-
The Government of Haiti replied by cable on May 10, refusing its con-
sent in the following terms:
MR MANUEL BIANCHI, CHAIRMAN
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
PAN AMERICAN UNION
I HAVE THE HONOR TO ACKNOWLEDGE THE RECEIPT OF YOUR CABLE OF MAY 7, 1963,
REGARDING THE REQUEST OF THE INTER-AMERICAN COMMISSION OF HUMAN RIGHTS
TO HOLD A PART OF ITS PRESENT SESSION IN HAITI. I WISH TO POINT OUT
ONCE MORE THAT THE COMMISSION'S REQUEST COULD BE INTERPRETED AS A FORM
OF INTERFERENCE IN THE INTERNAL AFFAIRS OF THE REPUBLIC OF HAITI, A
THREAT TO ITS SOVEREIGHTY AT A TIME WHEN THE HAITIAN GOVERNMENT AND
PEOPLE ARE FACED WITH A TRUE INTERNATIONAL CONSPIRACY. THEREFORE I RE-
GRET TO INFORM YOU THAT MY GOVERNMENT, AFTER TAKING DUE COGNIZANCE OF
THE MATTER, DOES NOT BELIEVE THAT IT SHOULD GIVE ITS CONSENT. MY HIGHEST
ACTING SECRETARY OF STATE
FOR FOREIGN AFFAIRS
During its twenty-second meeting, held on May 8, 1963, the Commission
took cognizance of the Government of Haiti's refusal and agreed to inform
the Council of the Organization of American States, acting provisionally as
Organ of Consultation, with its deep concern over the situation regarding
human rights in Haiti and the refusal of the Haitian Government to allow the
Commission to make an on-the-spot study of the complaints it had received
with reference to serious and repeated violations of these rights.
Accordingly, the Commission transmitted a note to the Chairman of the
Council on May 14.
II. The second report of the Special Committee of the Council of the
Organization of American States, acting provisionally as Organ of
In preparing this report on the situation regarding human rights in the
Republic of Haiti, the Commission has considered it useful to transcribe
the pertinent parts of the second report of the Special Committee of the
of the Council of the Organization, acting provisionally as Organ of Con-
sultation, with reference to violations of human rights in that country
(Doc. C-i-624, June 10, 1963).
In its report, the Special Committee of the Council of the Organiza-
tion mentioned the following facts:
In the course of the visits made by the Committee to the Domini-
can Republic, the government of that country referred to the many vio-
lations of human rights in the Republic of Haiti as one of the factors
responsible for the tension existing between the two countries, stress-
ing the repercussions of all kinds that these were having in the Domini-
can Republic, among them the constant flow of Haitian refugees into its
territory, which was increasing every day because of such violations.
In connection with this problem it is well to point out, first,
that at the very time the Committee appointed by the Council acting
provisionally as Organ of Consultation was making its first visit,
another agency of the regional system, the Inter-American Commission
on Human Rights, sent a cable to the Government of Haiti, on May 7,
1963, in which it stated:
/The report of the Special Committee then went on to quote the message
sent by the Inter-American Commission on Human Rights to the Government of
Haiti on May 7, 1963, requesting permission to visit that country, and al-
so the text of the Government of Haiti's refusal, dated May 10, 196327
Since the Committee of the Council had itself received trust-
worthy information on the aforementioned violations of human rights
in Haiti, it deemed it its duty to express its concern to the Foreign
Minister of that country over these violations, referring exclusively
to the relationship between these and international tensions, as
stated by the Inter-American Peace Committee in the report it prepared
in accordance with Resolution IV of the Fifth Meeting of Consultation
of Ministers of Foreign Affairs and presented to the Council of the
Organization on April 14, 1960, entitled "Special Report on the Rela-
tionship Between Violations of Human Rights or the Nonexercise of
Representative Democracy and the Political Tensions That Affect the
Peace of the Hemisphere" (Doc. C/INF-699, 15 April 1960).
Foreign Minister Chalmers, in replying to the statements of the
Committee of the Council acting provisionally as Organ of Consultation,
reaffirmed the adherence of his government to the principles of respect
for human rights and stated that the accusations that were being made
abroad in this regard were part of the campaign of defamation being di-
rected against his government and that, furthermore, any interference
in this matter was considered an intervention in the internal affairs
of the Republic of Haiti.
At the close of its report, the Special Committee submitted to the
provisional Organ of Consultation various recommendations for its considera-
tion, one of which referred to the situation regarding human rights in Haiti.
At the meeting held on July 16, 1963, the Council of the Organization
of American States, acting provisionally as Organ of Consultation, adopted
a resolution (Doc. C-d-1117, Rev. 2). The fourth paragraph of the operative
part reads as follows:
4. To urge the Government of Haiti to observe the principle of
respect for human rights consecrated in the Charter of the Organization
of American States, inasmuch as compliance with that principle effec-
tively contributes to the maintenance of peace and the diminution of
international tensions, and in view of the statement made to the Com-
mittee by the Foreign Minister jof Haiti to the effect that his govern-
ment adheres to that principle.'
SITUATION REGARDING HUMAN RIGHTS IN HAITI
I. Right to Life, Liberty, and Personal Security
Ao Provisions of the American Declaration
The American Declaration on the Rights and Duties of Man sets forth
the following in its Article I:
Every human being has the right to life, liberty and the
security of his person.
B. Reports on violations of the right to life, liberty, and personal
security, in Haiti
The complaints contained in communications received by the Commission
with respect to the aforementioned human right consist of the following:
a. That the life, liberty, and security and integrity of persons
are seriously threatened in Haiti;
b. That several persons have fallen victim to the repressive
action of government agents;
c. That frequently persons who have been arrested are considered
as having disappeared, or their whereabouts are unknown, or it is feared
that they have been killed as the result of official persecution; and
d. That mass executions have taken place involving political
prisoners and their families.
There are presented herewith the pertinent portions of communications
and reports received:
1. In a brief submitted as corroborating evidence to the Commission in
May 1963, the following is stated:
6. The same right is established in Article 3 of the Universal Declaration
of Human Rights.
7. Brief submitted to the Commission on May 3, 1961, by a Haitian exile on
the facts included in his oral testimony before the Commission on that
date. Sixth Session.,
In addition to his constant violation of human rights and civil
liberties, adding a black page to his previous ominous brutalities,
Duvalier, after the assassination of Colonel Turnier, turned the machine
guns of his Gestapo against the family of Lt. Francois Benoit, whose
house was set afire and submitted to intense machine gun fire. In the
house, Benoit's pregnant wife, a little boy of two, her son, Benoit's
mother and several servants were burned to death...
At random, in the streets the militia night and day shot to death
anyone who was found in their way. Lionel Fouchard, Henri Bermingham,
Ernest Sabalat and others were killed in broad daylight. Twenty-four
hours before the arrival in Port-au-Prince, last Tuesday, of the OAS
five-member Investigating Mission, Duvalier ordered the massacre of
"all political prisoners."
Also, in this same week, mass secret executions took place of so-called
"anti-nationalists, supporters of U.S. imperialism" as well as military
officers in the interior. Parents, wives, children, sisters and other
relatives of former army officers who recently took refuge in various
Latin American Embassies were jailed and tortured. Several other former
army officers who were discharged from the Corps over five years ago
were rounded up and executed at the Dessalines Barracks and at Fort
Already more than one hundred twenty people have been killed in
two days. Today in Port-au-Prince, in one morgue there are more than
65 bodies of persons killed in the streets.
List of atrocities committed by the regime of Dictator Duvalier:
Mr. Fritz Raymond Saintiny, 27 years old. Student. He was attacked
in his home and wounded by several gunshots fired by a member of the
militia on July 19, 1961. He was taken to the general hospital, where
he remained for more than 4 months and a half. Discharged as cured, he
was taken to the National Penitentiary, from which he has not departed.
He is said to be missing.
Mr. Sege Rodney. Student. Arrested during the student strike, beaten
and considered as missing.
Mr. Antoine Marcel. He lived in Magloire. He was arrested without
provocation, beaten, and his body never recovered.
Mr. Ivon Martin. Accused of starting a party different from that
of President Duvalier. Savagely beaten to death.
Mr. Bence, personal enemy of Clement Bardot, accused of conspiring
against the government and shot.
Mr. Mirambeau. Accused of conspiracy. Assassinated.
Mrs. Rossini Pierre-Lois. When she inquired for news of her husband,
she was savagely beaten.
Miss M. Paule Ducan. Accused of belonging to a party different
from that of Dr. Duvalier. She received a caning.
Mr. Franck St. Victor. Director of "La Falange" (newspaper).
Jailed and the newspaper office burned.
Mr. Louis Fils. Accused of serving anti-governmental ends. Ar-
rested and considered missing.
Messrs. Gesner Antoine and Claireaux Rateau, accused of conspiracy.
Arrested by a soldier, Felix Sainte. Considered missing.
Mr. Christian Nau. A peaceful man, accused of conspiring against
the government, arrested, beaten, and considered missing.
Colonel Max Deetjeen. Assassinated by a soldier who was inspecting
the harvesting of tobacco.
Mr. Lev6que, former minister of Duvalier, beaten by a soldier when
he was relieved of his duties.
Mr. Ermentin. Assassinated in Saint Martin Street.
Mr. Henry Sterling. Accused of conspiring against the government.
Colonel Fritz L6on. Imprisoned in Aux Cayes by the civil agent,
St. Ange Bontemps, and Lieutenant Jean Pierre, he was taken to Fort-
Dimanche. He was assassinated while trying to escape on the Les
Mr. Fambert Baptistes. Taxi driver, was killed on Jean-Jacques
Dessalines Street by a soldier.
Mr. Justin Leon, accused of conspiracy, he was arrested and taken
to the National Palace and savagely beaten to death in the presence of
Mr. Bouillon, a merchant who had refused to give money to the govern-
ment, he was assassinated in the torture chambers of Dessalines.
Mr. Marcel Douge, Assistant Director of 'Citadelle Tours' and a
friend of Clement Jumelle, was imprisoned by the government. His only
crime was that he was a friend of Clement Jumelle.
Mr. Fritz Oriol, accused of conspiracy. Shot in the National Palace.
2o In a complaint presented to the Commission, the following facts
were set forth:8
8. Complaint No. 49, in the Files of the Commission. Fifth Session.
The assassination of Mr. Ducasse Jumelle, former Secretary of State
of the Interior and former Senator of the Republic, and of his brother
Charles Jumelle, farmer, who were arrested, violently obliged to climb
into a police truck by the then Prefect of Port-au-Prince, Mr. Lucien
Chauvet, and then riddled by machinegun fire; the government excused
itself in a cryptic communique regarding this crime by saying the two
had resisted public force.
The assassination of the following persons: agronomist, Elder Vil;
Dr. Watson Telson, former Deputy; Mr. Henry Rigaud, business man; Dr.
Georges Rigaud; Ivan Emmanuel Moreau, former Senator; Antoine Multidor,
former Colonel in the Armed Forces of Haiti; Emile Noel; Rossini Pierre
Louis, former Deputy; Antoine Templier; Jacques Bajeau; Luc Andre;
Francisque Joseph; Dieudone St. Val; Ivon Martin; Clerveau Rateau;Cler-
veau Lahens; Lous Charles; Franck Hoghart; Antoine Roland; Marcel An-
toine; Jean Claude Mirambeau; Telemaque Guerrier; etc. etc..."
3. A complaint presented to the Commission on December 20, 1962,
A night watchmen who was guarding a supply of materials and equip-
meny of the Ministry of Public Works in the Capital was bound with barb-
wire and hanged. In Petionville, a suburb of Port-au-Prince, another
patriot was crucified, with nails driven into his hands and feeto...
Over fifty cases of missing persons have been reported, and the unjusti-
fied arrests and political persecutions once more are causing panic
According to 'Bohemia Libre' (June 10, 1962), the government press
published in the form of a Christmas present for its party members, a
hideous report on members of the opposition who had been killed. The
list classified the victims according to their political affiliation,
Fignolists 3,000 dead
Jumellists 476 dead
D6joists 145 dead
As soon as he came to power, Duvalier created a climate of inse-
curity, of governmental terrorism, in order to take revenge on the
politicians who opposed his candidacy. Six months after taking office
he assassinated two brothers of the candidate Jumelle and later, the
candidate himself, who died from poisoning in the Cuban Embassy in Port-
au-Prince, where he had taken refuge.
4. Following is a cabled complaint presented to the Commission on Au-
gust 14, 1963:10
9. Complaint No. 12, in the Files of the Commission. First Special Session.
10. Complaint No. 31, in the Files of the Commission, Seventh Session.
It is with profound grief that I inform you that the unconstitu-
tional government of Haiti tortured and killed many relatives of mem-
bers of the forces of liberation who landed in Haiti last week, in
particular, relatives of the soldiers Blucher Philogene, Louis Elie,
and Ren6 Jacques, among whom were women, children, and old people, al-
though we are aware that Duvalier refuses to allow the Commission on
Human Rights to inquire into the assassination of thousands of citizensooo
5. A cabled complaint to the Commission on August 16, 1963, states:11
Urgent hundreds human lives in danger in reprisal Haiti regime
against relatives invaders. We ask your help through investigating
committee en route to Haiti. Please find out whether Rossini Pierre.
Louis Georges E. Rigaud(sic)Clerveaux Rateau, Emile Cauvin, and hundreds
of supposed prisoners are alive.
6. A cable of August 14, 1963, contained the following:12
We are sending this cable via Santo Domingo for security reasons.
We protest and request an immediate investigation into the assassina-
tion of the women, children, and elderly persons, relatives of rebel
officers and into the summary execution of hundreds of political
II. Right to Freedom of Investigation, Opinion, Expression and Dissemination
A. Provisions of the American Declaration
The American Declaration of the Rights and Duties of Man, in Article
IV, establishes the following:
Every person has the right to freedom of investigation, of opinion,
and of the expression and dissemination of ideas, by any medium
B. Complaints involving violations of the right to freedom of investi-
gation, opinion, expression, and dissemination
The complaints contained in the communications received by the Commis-
sion with reference to the aforementioned right consist of the following:
a. That the right to freedom of investigation, opinion, expression,
and dissemination has been suppressed in Haiti; and
11. Complaint No. 39, in the Files of the Commission, Seventh Session.
12. Complaint No. 36, in the Files of the Commission, Seventh Session.
13. A similar right is established in Art. 19 of the Universal Declaration
of Human Rights, proclaimed by the United Nations in December 1948.
bo That in many cases the suspension of such rights has brought with
it the destruction of the plants housing organs devoted to the expression
and dissemination of thought, both written and spoken.
Transcribed hereinafter are the pertinent parts of the communications
and complaints received:
1.o The following acts are set forth in a complaint received by the
S. . 14
Duvalier has closed more than 12 newspapers, as follows: l L'Escale,
its Director, Yvonne Hakime Rimpel, first victim of the hooded ones,
was tortured and raped. She lives in Port-au-Prince. 2. 'Foi Sociale,'
organ of the MoOoPo., directed by the young revolutionary Jean Ho Regis,
who has taken asylum in Caracas, where he is carrying on the fight as
Chairman of the Rural Workers' Party Committee. He was jailed several
times and his press destroyed by the officials. 3. 'Miroir,' destroyed
by the police and its director imprisoned for denouncing the scandal
involving a credit of $300,000 of Duvalier under the pretext of covering
expenses of a supposed Public Works contract with a phantom French firm.
Its director, the fighter Albert Occenad, is now in exile in Jamaica.
4. 'L'Haitien Liber6,' where all staff members were jailed and the
editor-in-chief, Daniel Arty, exiled to the United States. 5. 'Cri des
Jeunes,' whose director, Jacques Cassagnoll, was exiled to the United
States. 6. 'Le Patriote,' whose director, Antoine Petit, was tortured
by the officials and his press destroyed by a bomb 7. 'Independence,'
director Georges Petit, one of the most respected politicians, which
for 30 years strongly defended democratic interests. 8. 'Mopisme Inte-
gral,' director J. B. Etienne, exiled in New York. 9. 'Judex,' organ
of the Jumelle group, its members arrested, tortured, and exiled to New
York. 10. 'La Phalange,' its directors in asylum at the Venezuelan
Embassy (La Phalange was the organ of the Catholic clergy)-. 11. 'Le
Souberaine,' director Luc B. Innocent, at present exiled in Colombia,
arrested in March 1958, he was brutally tortured in the National Palace
in the presence of Duvalier; this provoked a strong protest from the
Inter-American Press Association on March 18, 1958- 12. Two United
Press correspondents, Paul Kennedy and James Cuning, were expelled.
One Morrison, director of the 'Port-au-Prince Times,' who came to oc-
cupy a high and influential post with the Duvalier government, was ex-
pelled. The American newspaper woman, Lynn Grossberg, received the--
following message from Duvalier: 'Leave the country quietly, or I
shall run you out by force at the point of a bayonet.'
As to the press associations, AP, UPI, and France Presse, repre-
sented by Haitians, they were never able to send out news that was not
censored in advance. We should also add that these representatives
put themselves completely at the service of Duvalier. This explains
why the foreigner will wait a long time before learning the truth about
the government that was ruining Haiti through lack of knowledge.
14. Complaint No. 71, in the Files of the Commission. Fourth Session.
2o It is stated in a complaint presented to the Commission:15
The Catholic newspaper 'La Phalange' was seized by President
Duvalier as one of the latest measures of his government aimed at the
spectacular and definitive suppression of the freedom of investigation,
opinion, expression and dissemination.
The following newspapers likewise have been destroyed or confis-
cated: 'Foi Sociale,' 'Le Patriote,' 'Haiti Miroir,' etc. etc; their
directors arbitrarily arrested: Georges Petit, Emmanuel Beauvair,
Jean Regis, Antoine Petit, Albert Petit, and Albert Occenad. Daniel
Arty remained in exile.
C. Information furnished by the Government of Haiti
With respect to the foregoing complaints, regarding which similar in-
formation was requested from the Haitian Government, the Commission received
from that government the following information6
With regard to Mrs. Yvonne Hakime Rimpel, we quote below the text
of her defense, which was published in the Haitian daily newspaper Le
Nouvelliste on Monday, January 29, 1962:
Declaration by Mrs. Yvonne Hakime Rimpel
Since an article appeared in Time Magazine, in which my name was
mentioned as a victim of the government of the Honorable Doctor Frangois
Duvalier, I have been receiving telephone calls every day inviting me
to take refuge in the embassy under the pretext that the police are af-
ter me. I wish to inform these unpatriotic persons that I have not
served, and shall never serve, as an instrument for their criminal de-
signs. I publicly vow that I have never been disturbed under Doctor
Frangois Duvalier's government, which works for the emancipation of the
Haitian masses, and is respected and admired by every patriot.
These declarations are all the more false because there is absolute
calm throughout the country and the rights of all citizens are guaranteed.
It is a fact that you have lost the battle. Now, we must look at
our common country that has regained its grandeur, and work for its
Yvonne Hakime Rimpel
With regard to the other names mentioned, they are persons who
have taken the road of exile because they belonged to political groups
that were defeated during the 1957 presidential elections and who wish
to indicate their personal disagreement with a political regime.
15. Complaint No. 49, cited.Fifth Session.
16. Note from the Government of Haiti, dated September 12, 1962, sent in
reply to the request for information in the note of April 5, 1962, sent
by the Commission.
It is not forbidden, I hope, to add that:
1. Mr. Occenad, Director of the Haiti-Miroir, went into exile fol-
lowing an unfortunate affair concerning a woman, in order to take cover
against the anger of the betrayed husband;
2. The Messrs. Petit are what are known in Haiti as professionals
of the profit-making opposition working through organs of the press,
and Mr. Georges Petit has lived in this manner from 1930 to the present
3o Mro Luc Bo Innocent is a criminal, a person shattered in mind
and body with a long dossier, who took part, among other things, in
setting fire to the building of the Lyc6e of Cap-Haitien, in assault-
ing the office of the Embassy of Haiti in Caracas, and recently in at-
tempting to steal an airplane in Bogota. He is a well known agent of
international communism working actively for the victory of Castroism
in South America ....
With regard to the case of La Phalange and also the freedom of the
press, I take pleasure in quoting for you the text of an AFP (France
Presse) news story that contains the most important paragraphs of an
explanatory statement addressed to the IoAo.PA. by the Association of
Haitian Newspapermen, It is eloquent in itself and requires no comment:
The Executive Committee of the Association of Haitian News-
papermen (AJH), through its Secretary General, Dumayric Charlier,
has refuted the allegations contained in a resolution adopted by the
Inter-American Press Association, according to which the Haitian
Government practices an underhanded censorship of the press and has
closed the newspaper La Phalange in violation of the freedom of ex-
pression. The Executive Committee of the AoJoH. in a six-point reso-
lution made the following and other statements:
That to our knowledge, the Government of Dr. Duvalier has
never laid a sacrilegious hand on the national press by means of
spectacular closing down of newspapers belonging to Haitian citi-
zens and directed by Haitians, as is practiced unabashedly in several
countries of the Americas;
That the case of the newspaper La Phalange, organ of the Catholic
Church, had attracted the attention of the A.oJoH, which demanded
an explanation from the competent authorities. On this subject the
A.J.H. states that the problem of La Phalange, which is foreign in
view of its hierarchy, stems from the contractual obligations de-
rived from the March 1860 Concordat concluded between the Holy See
and the Haitian Government, which agreement governs the conduct of na-
tional and foreign religious persons,and the consequences of their inter-
ference in politics or in any matters that fall within the sole com-
petency of the temporal power;
That, nevertheless, in view of a situation arising from a series
of events that demanded of all Haitians a little patriotism and love
for their fellow citizens, and especially the desire to respond to the
requests for national and foreign capital, the nation's press, aware
of the danger to a ruined country of a passionate, methodical, and un-
just opposition to a government that inherited a rule burdened by debts
from six years of waste, on the day following the consultation of the
people of September 22, took the decision to assist in controlling the
damage. The press will thus be capable of fulfilling its mission: to
interpret the opinion of the majority that demanded national reconcilia-
tion, peace in the streets, security for families, and especially a re-
turn to normal life with a view to achieving the essential economic,
commercial, and financial recovery.
III. Right to a Fair Trial, to Protection From Arbitrary Arrest, and to
Due Process of Law
A. Provisions of the American Declaration
The American Declaration of the Rights and Duties of Man17 stipulates
the following in its Articles XVIII,XXV, and XXVI:
Article XVIII. Every person may resort to the courts to ensure
respect for his legal rights. There should likewise be available to
him a simple, brief procedure whereby the courts will protect him
from acts of authority that, to his prejudice, violate any fundamental
Article XXV. No person may be deprived of his liberty except in
the cases and according to the procedures established by preexisting
No person may be deprived of liberty for nonfulfillment of obliga-
tions of a purely civil character.
Every individual who has been deprived of his liberty has the
right to have the legality of his detention ascertained without delay
by a court, and the right to be tried without undue delay, or, other-
wise, to be released. He also has the right to humane treatment during
the time he is in custody.
Article XXVI. Every accused person is presumed to be innocent un-
til proved guilty.
Every person accused of an offense has the right to be given an
impartial and public hearing, and to be tried by courts previously
established in accordance with preexisting laws, and not to receive
cruel, infamous or unusual punishment.
17. Similar rights are established in Articles 8, 9, and 11 of the Universal
Declaration of Human Rights.
B. Complaints regarding violations of the right to a fair trial, of
the right to protection from arbitrary arrest, and of the right to
due process of law, in Haiti
The complaints contained in the communications received by the Commis-
sion, with respect to the above-mentioned human rights, consist in the
a. That, by decrees issued by the Executive and Legislative Powers
in Haiti, the following articles of the Constitution of that country, which
established the fundamental rights of the individual, have been suspended:
Nos. 17, 18, 19, 20, 21, 25, 26, 68, 70, 90 (para. 7), 94, 119, and 123;
b. That the said suspension, decreed for six months, has been
prolonged for more than five years, during which the citizens of Haiti have
been deprived of constitutional or legal means of ensuring respect for their
rights or demanding justice against the abuse of power, and it is impossible
to make claims against violations of human rights, and when such claims
have attempted they have been violently repressed by the Civil Militia;
c. That the authorities of the Police and the Civil Militia, created
as a Political Police by the Government of Haiti, make arbitrary and preven-
tive arrests, without employing a judicial warrant or an order of competent
d. That among those arrested in an arbitrary manner are members of
the Parliament of Haiti, despite the parliamentary immunity established by
the Constitution of that country in Article 68;
e. That by Decree dated August 6, 1958,18 all guaranties of a pre-
cedural nature were suspended, such as those concerning the nonretroactivity
of penal law unfavorable to the defendant and the prior establishment of of-
fenses and penalties and of the courts of justice; and that the right to due
18. Le Moniteur, August 11, 1958.
process of law has been suspended, inasmuch as those accused of a mis-
demeanor or felony may be judged without regard for procedural guaranties
and by civil or military tribunals indiscriminately; and
f. That various persons arrested for political offenses have been
tried in summary and secret fashion and many of them have received unusual,
infamous, and cruel punishment, even including the death penalty.
Below are transcribed the pertinent parts of the communications and
1. A cabled complaint sent to the Commission by an association of
Haitian exiles on February 15, 1963, states:19
We denounce a new wave of terror and of violations of human rights
by despotic Duvalier regime in an effort to break the present civil re-
sistance of the Haitian people and retain power. Militiamen brought
to the capital receive the order to shoot to kill citizens who demand
rights. Cases of missing persons are reported. We protest against
these inhuman acts and demand immediate action by your Commission for
the protection of the defenseless Haitian people....
2. A complaint presented before the Commission in May 1961 states:20
It is important for you to turn your attention toward the dicta-
torial government of Haiti. The principles of human rights are vio-
lated. Thousands of Haitian politicians are being kept in jail for
months and years without having the chance of being tried.
Too many Haitians have been forced to leave the country; they are
taking refuge in the United States, Mexico, Venezuela, and Africa.
We are protesting against the dictatorial government of Duvalier
who has violated the Haitian Constitution... who has dissolved the
House of Deputies and Senators... who has persecuted and jailed Sena-
tors and Representatives... and finally established a new government
by elections of April 50, 1961, under the (pressure) of his dictatorial
3. In a complaint presented before the Commission it is stated:21
The situation that Haiti is going through at this time demands the
attention of all the democratic people of the world.
19. Complaint No. 35 in the files of the Commission. Sixth Session.
20. Complaint No. 70.,in the files of the Commission. Third Session.
21. Complaint No. 12, cited. First Special Session.
In the climate of dictatorship prevailing the greatest abuses are
committed every day without anyone having the right to suggest the
4. In a petition presented on February 18, 1963, by a group of Haitian
exiles, it is stated:22
The dictatorship of President Duvalier has abolished all liberties
in Haiti; freedom of the press, freedom of association, which has been
dramatically suppressed; no political parties, no labor unions, neither
social freedom nor independence to associate for honest purposes. The
Haitian people, bound in bloody oppression, are denied the most ele-
mentary justice. The dictatorship has constantly violated the follow-
ing articles of the Universal Declaration of Human Rights: 2, 3, 5, 7,
8, 10, 12, 13, 14, 15, 17, 19, 20, 21, 25, and 28.
5. A complaint presented on August 16, 1962, states:23
In their national constitutions, it is recognized that the juridi-
cal and political institutions that govern life in society have as
their primary end the protection of the essential rights of man: the
right to life, to liberty, to the safety and integrity of the individ-
ual, to freedom of religion and worship, to freedom of investigation,
to the protection of honor, personal reputation, and personal and
family life,to the inviolability and transmission of correspondence,
to the preservation of health and to well-being, to the right of as-
sembly, of association, of petition, the right to protection from ar-
bitrary arrest, to due process of law, to freedom of opinion, ex-
pression, and dissemination of ideas.
The Government of Haiti presided over by Dr. Frangois Duvalier has
radically suppressed all these rights and all freedoms by organizing
the armed Civil Militia known as the 'Tontons Macoutes.'
6. A complaint presented on December 20, 1962, states:24
Last June, Thimoleon Innocent, 19 years old, a secondary school
student, was arrested and tortured in Port-au-Prince. From well-
founded accounts I have learned that he succumbed to the torture.
Moreover, President Duvalier at the beginning of this year arrested
Jacqueline Milord Innocent, his mother, Bossuet Innocent, Rita Inno-
cent, and Altagrace Innocent, his sisters, and several of his friends.
7. A complaint narrates the following:25
The Civil Militia did not hesitate to choose means for torturing
Mrs. Nerva Larieux, Mrs.Luc Jean, Mr. Duserk, and to use fire and
electricity as means of torture for Messrs. Benoit, Limage, Max Auguste,
and many others.
22. Complaint No. 33 in the files of the Commission. Sixth Session.
23. Complaint No. 49 in the files of the Commission. Fifth Session.
24. Complaint No. 12, cited. First Special Session.
25. Compalint No. 49, cited. Fifth Session.
...Deputy Franck Seraphin was arrested for asking the Minister of
the Interior to suspend arbitrary arrests of peaceful citizens. He was
imprisoned for more than four months, taken before a Military Court,
and condemned, for crimes against the security of the state, to death,
despite the institutional stipulations regarding parliamentary immunity.
Senator Jean P. David was arrested on June 30, 1960,and deported
by air to the United States because he dared to demand explanations
from the Executive Power regarding financial abuses by the Government.
Deputy Andr6 J. Garnier was arrested by seven members of the Civil
Militia at the National Bank of Haiti on October 17, 1960, for having
suggested to his colleagues that they abstain from voting on the un-
constitutional law granting full powers in economic matters to Presi-
dent Duvalier. He was led to the torture chamber of the National Palace
by the members of the Secret Police, having suffered tortures that al-
most cost him his life.
Deputy Saintange Bontemps was arrested in the city of Jeremie and
brought to the capital, where he lives under strict vigilance.
In another part of the same complaint it states:
The Government of President Duvalier has established absolute sup-
pression of the right of protection from arbitrary arrest, the right
to a fair trial, and the right to due process of law. Duvalier is the
8.i A complaint presented in September 1962 states:26
Not only did he (Duvalier) violate the Constitution by dismissing
the parliament elected by the people, and by proclaiming himself re-
We urge you... to take a positive stand against this... dictator,
who respects neither law nor religion. Consequently, (he does not re-
spect) the right to life, liberty, and security of person, freedom from
torture (or) inhuman and degrading punishment; the right to be presumed
innocent until proved guilty; freedom from arbitrary arrest, detention,
or exile; correspondence, the right of asylum, etc.
9. A communication sent to the Commission states:27
The threats of massacre or of premeditated crime by the authorities,
by means of summary executions, often perpetrated with the complicity
of the night, peremptorily establish the character of common-law crimes
charged against Mr. Duvalier and his collaborators in accordance with
the Haitian Code of Criminal Procedure.
26. Complaint No. 65 in the files of the Commission. Fifth Session.
27. Compalint No. 68 in the files of the Commission. Sixth Session.
10. A cabled complaint dated July 29, 1962, states:28
In the name of my compatriots, victims of the most hateful
tyranny, misery, and humiliations, restraints of all sorts, the most
atrocious police brutality, the most serious attacks on human dignity,
I come, confident of their moral support, to request action by the eminent
members of your Commission, in view of the tragic circumstances through
which the Republic of Haiti is passing, after nearly five years of a re-
gime of terror, with contempt for the most elementary justice, not re-
specting the rights of nationals and foreigners, and submitting people
to all kinds of persecutions and tortures. The Government constantly
violates the Articles of the Constitution and Articles, 2,315,7,9,10,12,
13,14,15,17,19,20,21,25, of the Universal Declaration of Human Rights.
11. A complaint states.29
For four years now the regime of Dr. Duvalier, the product of fradu-
lent elections, has converted Haiti into a veritable hell.
As soon as it assumed power, the first act of the Government was to
organize a repressive corps of murderers, of persons convicted of common
crimes, taken from prison to murder, violate, and rob those who do not
agree with the policy of the Government. The members of this corps are
known as 'Tontons Macourtes.' The first victim of these 'Tontons Macoutes'
was the journalist Yvonne Hakim Rimpel, who was raped in her house in the
presence of her children by four of these criminals.
Everyday abuses, crimes, and violations committed by members of the re-
pressive corps of Duvalier's governmental regime of terror are reported.
And in another part of the same complaint it is stated:
The 'Tontons Macoutes' have taken off their masks since it was very
well known who they were, they had no further reason for hiding their faces
in order to barry out their tasks.
They act in the light of day. Their chief was the so-called Clement
Bardot, a former elementary school teacher, who reached the point of being
considered the second-ranking personage in Haiti. One of his best-known
lieutenants in the work of command of the 'Tontons Macoutes' was the former
bread vendor and baker Elouis Maitre.
The other members were recruited from among professional killers,
the detectives of the secret police, malefactors just getting out of the
prisons, and, finally, some Duvalierist fanatics. Officers of both the
police and the Presidential Guard accompany them on all their outings, and
proceed, at the same time, to join them in arresting opponents or all those
who are taken as such, and they have taken part in the interrogations or
become the physical punishers of those people. In less than three years
28. Complaint No. 38 in the files of the Commission. Fifth Session.
29. Complaint No. 71, cited. Fourth Session.
the 'Tontons Macoute' have come to form an army of between 3,000 and
6,000 men. They have been trained in handling firearms. In special
circumstances, they even wear uniforms and participate in military
parades. Of their own will or by force, a large number of government
employees, fearful of losing their jobs, were enrolled in these groups...
Even though they are illegal, the acts of the 'Tontons Macoute'
are ratified in advance by Duvalier, who, definitely, is the highest
chief and personally issues the orders....
C. Information supplied by the Government of Haiti
The Commission requested information from the Government of Haiti with
regard to the last complaint cited above. That Government replied as follows"0
With regard to the Civil Militia, the 'Tontons Macoutes' as they
are called by the opposition, it is a patriotic organization that stands
guard over the conquests of the 1957 social and popular revolution. It
was created on the day following a surprise attack in July 1958 on the
National Palace and the adjoining barracks, by former officers of the
Haitian Army assisted by American mercenaries who were obviously in the
pay of the former President Magloire. The Militia has grown into a real
military organization, working side by side with the Haitian Army, in
which its members receive their training. It is an eloquent demonstra-
tion of the solidarity between the people and the Army and it consti-
tutes the main obstacle that stands in the way of those who thirst for
power: the partisans of that class of exploiters and parasites who be-
came rich by the sweat of the people, and who preferred to take the road
to exile, whence it hopes to recover its privileges.
This is the explanation for the attacks, made by political exiles
who have been successful in interesting certain organs of the foreign
press in their cause, against the Civil Militia, the 'Tontons Macoutes'
as they call it, because it is an insurmountable obstacle to their
antipatriotic enterprises and must be overthrown at any cost. But the
Militia is nothing more than a form of National Guard or 'Home Guard,'
as the Chief of State said in an interview granted to a U. P. cor-
IV. Right of Asylum
A. Provisions of the American Declaration
The American Declaration of the Rights and Duties of Man, in Article
XXVII, establishes the following:31
Every person has the right, in case of pursuit not resulting from
ordinary crimesto seek and receive asylum in foreign territory, in ac-
cordance with the laws of each country and with international agreements.
30. Note of the Government of Haiti dated September 12, 1962, in reply to the
Commission's request for information contained in its note dated April 5
of the same year.
31. A similar right is established in Art. 14 (pars. 1, 2) of the Universal
Declaration of Human Rights.
It is appropriate to point out, also, that Haiti is a party to the fol-
lowing inter-American conventions on asylum: Convention on Asylum, signed at
Havana at the Sixth International Conference of American States, 1928; Conven-
tion on Political Asylum signed at Montevideo at the Seventh International
Conference of American States, 1933; Convention on Diplomatic Asylum signed
at Caracas at the Tenth Inter-American Conference, 1954, and Convention on
Territorial Asylum signed at the same conference at Caracas.
B. Complaints regarding violations of the right of asylum in Haiti
The complaints contained in the communications received by the Commis-
sion with respect to the above-mentioned human rights consist in the allega-
tion that the Government of Haiti has refused to comply with the obligations
freely undertaken in the aforementioned conventions by refusing to grant the
corresponding safe-conducts to the persons who had taken asylum in the diplo-
matic embassies.and legations accredited to that Government.
The pertinent parts of the communications and complaints received are
1. A cable sent to the Commission on March 23, 1961, states:32
Haitian university students denounce dictatorial oppression by
Haitian Government in closing the university and various secondary
schools. Similarly, we protest bad treatment of students and the
refusal to grant them and others visas. We asylees stand with them
and support their heroic action.
2. Together with a communication dated July 13, 1963, a copy was sent
to the Commission of a cable addressed to the Minister of Foreign Affairs of
Brazil, in which it is stated:33
32. Complaint No. 15 in the files of the Commission. Second Session.
335 Complaint No. 20 in the files of the Commission. Seventh Session.
Alarmed by the unjustified and abusive prolongation of the stay
in the Brazilian Embassy of the Haitian officers who were given asylum
there three months ago, their families earnestly request the Brazilian
Foreign Ministry to intensify its efforts to obtain the immediate de-
livery by the Haitian Government of the safe-conducts necessary for
their departure from Haiti, in accordance with the treaties in force.
These families respectfully call your attention to the dangers to
the security of these asylees, who have been condemned to death by de-
cision of a military tribunal, that arise from their stay under diplo-
matic protection, for the Government of Haiti shows little concern for
respecting diplomatic privileges and immunities as is evidenced by the
violation of the premises of the Dominican Embassy in Port-au-Prince
on April 26 by police forces of Duvalier in search of political
V. Right to Vote and to Participate in Government
A. Provision of the American Declaration
Article XX of the American Declaration of the Rights and Duties of
Man34 makes the following provision:
Every person having legal capacity is entitled to participate in
the government of his country, directly or through his representatives,
and to take part in popular elections, which shall be by secret ballot,
and shall be honest, periodic, and free.
B. Complaints of violations of the right to vote and to participate
in government in Haiti
The complaints contained in the communications received by the Commis-
sion with respect to the human right mentioned above consist of the following:
a. That the exercise of the right of suffrage has been restricted
b. That all of the political parties in opposition to the govern-
ment have been eliminated;
34. A similar right is established in Article 21, nos. 1, 2, and 3 of the
Universal Declaration of Human Rights.
c. That the government of President Duvalier called parliamentary
elections35 in violation of the Constitution of the country, and that the
unconstitutional extension of the term of President and the establishment
of a de facto system were the results of those elections; and
do That national opinion was not genuinely and freely represented
in those elections, since only candidates of the government party were per-
mitted to register.
Following are the pertinent portions of the communications and com-
1. In a complaint presented in January 1962 by the Colombian Committee
on Aid for the Liberation of Haiti, the following appears:
Duvalier, like the Congress of Haiti, has two more years in office.
Surprisingly Duvalier, in April of last year, dissolved Congress and
called new legislative elections. Only one party, the Governmental
Party, participated, since all other parties are illegal. And to the
surprise of the voters on election day the name of Duvalier appeared
on the ballots as President, and this despite the fact that the presi-
dential election is set for April 1963.
The purpose of this request is to protest... against the constant
trampling by the government in Haiti of the principles inscribed in the
Universal Declaration of Human RLghts and the Declaration adopted at
the "'.th International Conference of American States, at Bogotd, in
1948q and to request of that Organization that a prompt investigation
be made of the violations complained of and the dictatorial structure
of the regime of Duvalier, in the name of democracy and of justice.
2. In a complaint received by the Commission, the following ideas are
set forth with respect to the constitutional problem of Haiti3
A-ll of the legal standards of a country rank below the Constitution
: ,o:y acr, that tends to modify or repeal the Constitution must be
submitted to the control thereof and its legality must be verified by
a competent authority distinct from the executive authority that is
seeking to perform the unconstitutional act, for the purpose of annul-
linC or paralyzing the act in question. This is the principle whereby
laws that are contrary to the constitution must be declared null and
void; and this principle is set forth in Article 38 of the Constitution
of Haiti. Therefore the Decree of April 7, 1961, is null, since Presi-
dent Duvalier prolonged his term of office by means of this decree
35. Decree of April 7, 1961. Le Moniteur, April 7, 1961.
36. Document 71, cited, Fourth Session.
37. Complaint No. 40, in the files of the Commission. Sixth Session.
through an untimely parliamentary election. The fact is that a de
facto and tyrannical government exists, based upon a usurpation of
power condemned in Articles 99 and 100 of the Constitution, which
established presidential elections for the second Sunday in Febru-
The Government of Haiti conforms entirely with the definition of a
de facto government, with which, by its own conditions, it is identified
in national and international opinion.
3. A complaint presented in February 1963 contains the following:8
On April 7, 1961, the President of Haiti, Frangois Duvalier, issued
a decree convoking the primary assemblies for the purpose of electing a
Legislative Chamber. The people, in fact, met for those elections and
chose their deputies. But at the same time the people--this is what
the government pretends to say and what national and international
opinion is led to think--elected President Duvalier for a second six-
year term. Thus the President of Haiti has been elected for a second
term before the end of the present one. To the great surprise of the
nation the people, without knowing it, had elected a president for
another term by means of elections prescribed by Article 127 of the
Constitution, which states: 'The Primary Assemblies meet every six
years upon convocation by the Executive, or by its own right in default
of such convocation, in each Commune, on the second Sunday in February
in the manner provided by law for the election of Communal Councilmen,
members of the Legislative Corps, and President of the Republic.'
First Objection. Violation of Articles 51 to 87 of the Constitution.
Illegality of the Decree of April 7, 1961. Abuse of Power. Article
51 states: 'The members of the Legislative Corps are elected for six
years and are eligible for reelection indefinitely. They begin their
terms on the second Monday in April in the year of their election, un-
less elected to fill a vacancy. In the latter case they take office as
soon as elected, to remain only for the rest of the term.'
This text clearly shows the cyclical nature of the electoral acts;
that is, that this kind of election cannot be. held in Haiti more than
once every six years, since Article 127 does not allow such Assemblies
to be convoked for a different question, with the exception of partial
elections. Thus the elections convoked for April 30, 1961, were uncon-
stitutional; the elected deputies who began their terms in May 1961 are
there by virtue of unconstitutional force and power, since the date set
aside in the Constitution for new elections, both in the Permanent Pro-
visions and in the Transitory Provisions, was the second Monday in
38. Complaint No. 2, in the files of the Commission. Sixth Session.
Second Objection. Violation of Articles 87 and 91 of the Consti-
tution. Article 87 reads as follows: 'The presidential term of of-
fice is six years, and this term begins and ends on May 15 without it
being possible for the Chief of the Executive Power to perform his
functions one day longer...' The terms of this text are clear and
precise, as well as imperative, in reaffirming that any reelection or
extension of term is null.
4, The following is from another complaint:39
Deputies and Senators, despite their parliamentary immunity,
were not saved from the hostility of Duvalier. Pursued in the middle
of the night, many of them were arrested or had to seek asylum in some
embassy. Their only crime was to oppose, sometimes in Parliament, cer-
tain decisions of the Executive. Finally, in flagrant violation of the
Constitution, Duvalier dissolved the Legislative Corps and created in
their place a legislative body composed of deputies selected in dis-
graceful sham elections. A notorious fact: some days after the in-
stallation of the new Duvalier deputies, their duties were taken away
from two of them because they had the civic valor to protest against a
5. The following with regard to the present Government of Haiti and its
organization is taken from one of the complaints:
The Government of Duvalier is manifest in the systematic denial of
freedom of expression, the basis and foundation of democratic institu-
tions, in the violation of the principles established in the Universal
Declaration of Human Rights, in the usurpation ofofficial agencies for
the enrichment and benefit of his clique, in administrative dishonesty,
peculation, and theft of public funds, in the intervention and corrup-
tion of the labor movement, the suppression of political parties, perse-
cutions and torture of enemies of the regime, jailing of opposition
members, exile of opposition members and the violation of their daughters,
increasing unemployment and poverty arising from a survival of a pseudo-
feudal economy subject to the interests of the bailiffs, partisans of
C. Information furnished by the Government of Haiti
On September 12, 1962, the Government of Haiti sent the following infor-
mation to the Commission regarding the points mentioned in the foregoing
39. Complaint No. 12, cited. First Special Session.
40. Complaint No. 71, cited. Fourth Session.
41. Note from the Government of Haiti, dated September 12, 1962, in reply
to the request for information by the Commission contained in its note
of April 5 of the same year.
To the allegations concerning the six-year mandate conferred upon
President Duvalier we oppose the fact that according to our Constitu-
tion, the national sovereignty resides in the Haitian people, who are
the sole judge in such matters. They have conferred a new six-year
mandate on His Excellency the Honorable President Francois Duvalier be-
cause they have judged him worthy of it. His Excellency,the Honorable
President Duvalier could only bow to the expression of the popular will,
which was manifested spontaneously, contrary to the pretensions of a
malcontent and stateless minority that finds no audience in the Haitian
people, and which has seen fit to go into exile, systematically ignor-
ing the appeals of the present Haitian Government for national unity.
The President of the Supreme Court emphasized this very well in
his address on May 22, 1962, the text of which is as follows:
ADDRESS BY MR. ADRIEN DOUYON, PRESIDENT OF THE
SUPREME COURT, AT THE RECEPTION GIVEN BY THE UNIVERSITY OF HAITI
ON MAY 22, 1962
The recent law that made the twenty-second of May the Day of
National Sovereignty and Gratitude is very timely.
We are living in an era of the triumph of the right of peoples to
govern themselves. Africa is no longer a vast collection of European
colonies. Imperialism is retreating in Oceania as well as Asia. A
goodly number of American territories still subject to extracontinental
powers will soon gain their independence. The fact is that the funda-
mental principles of the law of nations are established by the charters
of the principle international organizations and that the intervention
of one state in the internal affairs of another is definitively prohibited.
America especially has become the chosen land of freedom. Up to
now, it has inspired all the plans for organizing the world according
to standards compatible with the dignity of man. It proclaims the
equality of individuals, races, nations, and states. It has made the
principle of nonintervention, so dear to our civic-minded people, the
principal element of its prestige. It is America that has prescribed
in the Treaty of Havana, called the Bustamante Code, that constitu-
tional rules are of the international public order.
Now, Article 45 of our Constitution stipulates that 'the national
sovereignty resides in all the citizens.' It is not subject to any legal
provision. It is not limited by the sovereign rights of foreign states.
It may set up or overturn governments as it pleases, even change the
form of government without anyone being able validly to oppose to it
either acquired rights or tradition.
Moreover, constitutions are themost fragile of laws. Their organic
and political provisions fall before a revolution or even a simple coup
d'etat not followed by a counter revolution. For stronger reasons,
they are eclipsed by the regular expression of the popular will.
The months of April and May 1961 will henceforth be considered
among us as the epoch of the most sparkling triumph of the national
sovereignty. Important events occurred then that have brought the
complete fall of the transitory provisions of the Constitution of 1957,
which had become outdated and devoid of purpose.
Articles B and C of those provisions were not readily viable. They
constituted a flagrant violation of the rights of the people, establish-
ing an intolerable usurpation of powers to the profit of the Deputies
elected under the rule of the electoral decree of August 28, 1957, of
the Military Council of Government. They imposed an inadmissible delay
of two years on the application of the permanent provisions of the funda-
mental law. The exercise of legislative power by the two houses elec-
ted September 22, 1957, had to be limited to the term of office of the
Deputies, after Article 48 of the Constitution had decided that the
legislative power should meet in a single assembly called the Legisla-
The President of the Republic, charged by Article 90 of the funda-
mental law with seeing that the Constitution is carried out and who
had taken the oath to respect the rights of the people could not do
otherwise than take cognizance, by the Decree of April 7, 1961, of the
expiration of the term of office of the Deputies and of the nullity
of that of the Senators of 1957, thus agreeing with the opinion of some
of the interested parties themselves and the advice of the most eminent
Even if, in theory, one would have been justified in putting the
permanent provisions of the Constitution of 1957 on the same footing,
it is a fact that, in electing the members of the Legislative Chamber
on April 30, 1961, the Haitian people, in the full exercise of their
sovereign rights, ratified the step taken by the Executive Power in
the Decree of the seventh of that month.
The election of April 30, 1961, had an important result, the elec-
tion of Citizen Dr. Frangois Duvalier to the Presidency of the Republic,
showing that the nation is fully aware that the temporary delegation of
the exercise of sovereignty to the three powers of the state offered no
obstacle to the direct use by the people, then and at any time, of their
constitutional prerogatives. For if it can unleash a revolution and
carry it to a good end, if it can, by its silence and inaction, ratify
a coup d'etat, then by greater reason it can substitute a new presiden-
tial mandate for the presidential mandate in progress. Article 127 of
the Constitution establishes the right of the people to elect, upon
convocation or by their own right, the members of the Legislative Cham-
ber and the President of the Republic. The election of April 30, 1961,
is in all respects in accordance with the principles of constitutional
law and the fundamental law.
Reread the Decree of May 14, 1961, of the National Assembly, pay
attention to its many considerations of a political, legal, and consti-
tutional nature, and you will appreciate the perfect propriety of the
elections of the preceding April 30 and the obligation that the Central
Bureau in charge of Elections had to proclaim Citizen Dr. Frangois Du-
valier President Elect of the Republic, and that which the National As-
sembly had to invite this citizen to take the oath provided for in Ar-
ticle 89, prior to the exercise of a new mandate of six years in accord-
ance with Article 87 of the Constitution.
There remained, of course, the decision of the President Elect. His
acceptance of the result of the election was indispensable to the com-
pletion of the steps taken by the people. If he had had the intention
of seeking a second full presidential term, or if he had decided to
withdraw at the end of his first term, to accept this result would have
been for him to lose these alternatives. For he would either have
suffered an unexpected reduction of his first term or he would have as-
sumed accrued responsibilities. To the great joy of the immense ma-
jority of his fellow citizens, he submitted, on May 22, 1961, to the
dictate of the will of the people, thus assuring the full triumph of
One cannot fail to recognize and proclaim the perfect legal propriety
and constitutionality of the actions taken in April and May 1961 by the
Chief of State, the Haitian people and the National Assembly. A legiti-
mate government was created, a dejure government that, after one year
under the aegis of the permanent provisions of the fundamental law--the
only ones that will henceforth be in force--ensures the advance of the
nation towards light and progress through timely legislative and execu-
tive measures. This is the reason why the Day of Sovereignty was also
proclaimed as the Day of National Gratitude.
This is the day for renewing our warmest congratulations to His
Excellency the President and our cordial wishes for the consolidation
of peace, the strengthening of all his work of national importance un-
der the administration inaugurated on May 22, 1962.
VI. Right of Assembly and of Association
A. Provisions of the American Declaration
Articles XXI and XXII of the American Declaration of the Rights and
Duties of Man provide as follows:42
Article XXI. Every person has the right to assemble peaceably with
others in a formal public meeting or an informal gathering, in connec-
tion with matters of common interest of any nature.
Article XXII. Every person has the right to associate with others
to promote, exercise and protect his legitimate interests of a politi-
cal, economic, religious, social, cultural, professional, labor union
or other nature.
42. Similar rights are established in Article 20 of the Universal
Declaration of Human Rights.
B. Complaints of violations of the right of assembly and the right
of association, in Haiti
The complaints contained in the communications received by the Com-
mission with respect to the aforementioned human rights consist of the
a. That the rights of assembly and of association have been sup-
pressed in Haiti, by express action of the government; and
b. That even simply family meetings are subject to the control
of the state. Transcribed below are the pertinent portions of communica-
tions and complaints received:
1. An express complaint:44
By a decree of the Ministry of the Interior and Defense, of Novem-
ber 22, 1960, the right of assembly and of association was suppressed
in Haiti. In reality such a measure was unnecessary, since every poli-
tical, cultural, scientific, or merely social meeting had, in practice,
ceased to exist with the reign of terror now prevailing.
Life in its social and economic aspects is so shaken that the capi-
tal seems like-a-dead city; the people are afraid. Even family gather-
ings are disapproved by the government, which directs that any house
where more than ten persons are gathered be guarded. One example will
suffice to show the police state that is now Haiti: the prefecture of
Cap-Haitien, following the example of Port-au-Prince, announced re-
cently, under the pretext of looking out for good manners and seeing
that they are observed, that some special inspectors would hence-
forward secretly exercise the right of control over the family parties,
friendships, relations, and visits of every citizen... Trujillo him-
self had not gone that far.
2. It is pointed out in another complaint that:45
On November 22 the government decreed the dissolution of all asso-
ciations of young people, as well as those of employees of- the National
Bank of Haiti. The Teachers Association also was later dissolved.
43. Decree of November 22, 1960. Le Moniteur, issue of November 23, 1960.
44. Complaint No. 12, cited. First Special Session.
45. Complaint No. 49, cited. Fifth Session.
VII. Right to Residence and Movement
A. Provision of the American Declaration
The American Declaration of the Rights and Duties of Man provides
the following in Article VIII:
Every person has the right to fix his residence within the terri-
tory of the state of which he is a national, to move about freely
within such territory, and not to leave it except by his own will.
B. Complaints regarding violations of the right to residence and
movement in Haiti
The complaints contained in the communications received by the Com-
mission with respect to the human right mentioned above consist of the
a. That the Haitian Government has refused to permit the return
to that country of Haitian nationals who expressed their intention of re-
turning to their country to the proper authorities thereof, and requested
of these the issuance of a passport or documents needed for making the re-
turn referred to;
b. That the Haitian Government has also denied Haitian citizens
who wish to leave that country the necessary exit permit; and
c. That there is a considerable number of Haitian citizens resid-
ing outside their country against their will.
There follow the pertinent parts of communications and complaints
1. A complaint presented to the Commission on January 7, 1962, states
46. A similar right is established in Article 12 of the Universal Declara-
tion of Human Rights.
47. Complaint No. 72, in the Files of the Commission. Fourth Session.
Completely ruined and tired of my life as an outcast, I wish to
return to Haiti io begin again my career as a lawyer.
I therefore requested the passport and visa, by letter and by
cables sent to President Duvalier, both directly to him and through
the Haitian Consulate in Santo Domingo. After seven months of waiting
I received a reply saying that Mr. Duvalier had refused to issue the
document to me, in violation of the provisions of the Declaration of
Human Rights. Under these circumstances I ask you to help me....
2. The following appears in a communication dated April 30, 1962:48
In my capacity as former Delegate of Haiti to the Organization of
American States, I ask the help and assistance of all the representa-
tives of democratic governments of member states of the OAS in re-
questing the Government of Haiti to issue my wife the proper exit per-
mit so that she may join me in Caracas.
Since the time of my departure and up to the present time, all ef-
forts on my part to obtain a permit for my wife to leave Haiti have
been useless, and for that reason I have decided to request assistance
from the OAS, since I consider this to be an abuse by the tyrannical
Government of Haiti....
3. A complaint presented in December 1962 states:49
There are at present more than ten thousand Haitian political
exiles in the following republics: Venezuela, Mexico, the United
States, Guatemala, Jamaica, Colombia, and other countries, including
African republics such as the Congo, Mali, and Guinea. These exiles
include newspapermen, students, politicians, and labor union members.
We must recognize that the Embassy of Venezuela in Haiti has dis-
tinguished itself by the welcome it has given to those fleeing from
Duvalier. From 1958 to the present time, over 100 Haitians have found
asylum in this Embassy. That is the government that has also declared
itself categorically against the Government of Duvalier.
C. Information furnished by the Government of Haiti
The Government of Haiti was asked to supply information with respect
to the complaints given under numbers 1 and 2 of Section B of this chapter.
That government replied as follows:50
48. Complaint No. 12, in the files of the Commission. Fifth Session.
49. Complaint No. 12, cited. First Special Session.
50. Notc of the Government of Haiti, dated September 12, 1962, sent in
reply to the requests for information sent by the Commission in the
notes of April 5 and May 22 of the same year.
Concerning the specific cases of Mr. Alfred Viau and Mrs. Gustave
Borno, in the interest of truth it should be remembered that:
1. Mr. Alfred Viau lived for fourteen years in the Dominican Re-
public, and everyone is aware of the aggressions of all kinds by that
country against Haiti during the 'Era of Trujillo,' especially during
the year 1937 and those extended from 1946 to 1950. Witness a com-
plaint by Haiti against that republic, presented to the OAS in 1949.
At the time, Mr. Alfred Viau was serving the cause of that aggressor
country against his native land, trampling under foot the natural senti-
ments that patriotism should have inspired in him. This was a fla-
grant position for him to take, a public renunciation of Haitian
Moreover, Mr. Viau has, without the consent of the Haitian Govern-
ment, occupied public offices in the Dominican Republic, notably chairs
of French in the University of Santo Domingo.
Article 18 of the Haitian Civil Code, Chapter II, 'On loss of citi-
zenship,' provides, in paragraph 4z
'Haitian citizenship is lost by acceptance of public functions con-
ferred by a foreign government and by any service whether in the troops
or on board a vessel of a foreign power.'
From the foregoing it follows that the Haitian Government is ful-
ly within its rights in refusing entry into the country to Mr. Alfred
Viau, who is no longer Haitian, and whose presence in Haiti, in view
of his earlier activities, could only constitute a threat to the peace
and to public safety.
On the subject of Mrs. Gustave Borno, no request for an exist visa
has ever been made to the Haitian Immigration Department, in the sense
of the complaint of Mr. Gustave Borno. The latter, who voluntarily took
asylum in the Embassy of Mexico, has already enjoyed a safe-conduct
from the Haitian Government, which moreover is ready to grant Mrs. Gus-
tave Borno's request for a visa as soon as it is made.
VIII. Right to Education and to the Benefits of Culture
A. Provisions of the American Declaration
Article XII of the American Declaration of the Rights and Duties of
Man establishes the following:51
51. A similar right is established in Article 25, pars. 1 and 2, of the
Universal Declaration of Human Rights.
Every person has the right to an education, which should be based
on the principles of liberty, morality, and human solidarity.
Likewise every person has the right to an education that will
prepare him to attain a decent life, to raise his standard of living,
and to be a useful member of society.
The right to an education includes the right to equality of oppor-
tuntiy in every case, in accordance with natural talents, merit and
the desire to utilize the resources that the state or the community
is in a position to provide.
Every person has the right to receive, free, at least a primary
B. Complaints involving violations of the right to education in Haiti
The complaints contained in the communications received by the Commis-
sion with respect to the aforementioned human rights are that education in
the Republic of Haiti is strictly controlled by the state, and that the pres-
ent government has established an official university, where students are
required to present a political background and evidence of their adherence
to the government of President Duvalier in order to be able to enjoy the
right to register. Moreover, the Commission has been informed that the facul-
ty has been reorganized to include sympathizers and militants of the govern-
Herewith are presented the pertinent portions of the communications and
1. One of the complaints states as follows:52
The National Union of University Students and Young People was
~:Issolved because of a threat to strike, and hundreds of students from
universities, secondary schools, and others were arrested and tortured.
Today only the followers of Duvalier are admitted to the University.
Those desiring to be registered must be provided with a police certifi-
,ate showing their political background. Teaching has been Duvalierized;
all of the instructors were recruited from among fanatics. Those who
showed the slightest trace of doubt were thrown out and persecuted by
52. Complaint No. 12, cited. First Special Session.
2. The following is from a communication presented in February 1963:53
Last week two students were killed, others wounded, and many more
seized and tortured. The directors of two Catholic schools were ar-
rested and several schools were closed.
3. The following quotation is from still another complaint:5
On the 16th it was decreed that the University of Haiti be dissolved
and a new State University created, at which students may not be ad-
mitted unless they first swear an oath of loyalty to the government.
That decree stipulated severe penalties for students who continued to
strike and against their parents, who were punished by a fine of up
to 2,000 gourdes, six months in jail, and even confiscation of their
property unless they forced their children to attend the schools.
Santiago, Chile, October 21, 1963
(s) Manuel Bianchi, Chairman
(s) Gabino Fraga, Vice Chairman
(s) Angela Acufa de Chac6n
(s) Gonzalo Escudero
(s) Reynaldo Galindo Pohl
(s) Daniel Hugo Martins
(s) Durward V. Sandifer
53. Complaint No. 33, cited.
54. Complaint No. 49, cited.
B. Violence against women and sexual abuse
119. As mentioned above, since the coup d'6tat against President Jean-Bertrand Aristide, the illegal de facto regime has committed a multitude of human rights abuses against the civilian population, particularly since mid-1993 after the failure of the Governors Island Agreement. The destruction of democratic movements in Haiti has created a climate of terror, and women have been used as victims. The primary instruments of the repression inflicted on women and children in Haiti have been rapes and other types of violence and abuse committed by members of the army and police forces, their armed civilian auxiliaries, the attaches, paramilitary groups, and members of FRAPH, acting with complete impunity.
120. Women of varying ages and circumstances, from pregnant women to five year-old girls, are among the victims of rape. Women who played an important role in the formation of democratic institutions in Haiti were identified because of their political activities. Many Haitian women's organizations were attacked; others were destroyed. Other women were identified because of their personal links and family relationships, and reprisals were taken against them for the political ideas and activities of a spouse, son, father, nephew, or other male family member. Some women were identified because of their own status and role in helping the civil society. The fact of belonging to a popular organization or being involved in an activity whose purpose was to improve the local community was considered as the expression of a political opinion in favor of President Aristide. Numerous women were abused merely because they lived in a slum that supports President Aristide (Cite Soleil). Remaining alone to care for their children because their husbands had to flee or were murdered, many of them were easy, defenseless prey.
121. The OAS/UN Mission affirmed, in this respect: "It always happens in the same way: armed men, frequently soldiers or FRAPH members, violently enter the house of a political militant to arrest him. When he is
- 40 -
not there and the family cannot say where he is, the intruders turn against his wife, sister, daughter, or cousin."18
122. Sexual abuse against Haitian women was carried out in various ways, but with a single aim: to create a climate of terror among people supporting Aristide. Women were generally raped by several men on the same occasion. Pregnant women and those who had just given birth were not safe from these crimes. Often, a violation occurred in the home of the victim, in front of the children and other family members, and thus not only the woman, but the entire family was terrorized. In many cases, the woman was forced to witness the rape or murder of her daughter or other family member before being herself raped. In one case of which the IACHR was informed, a 15 year-old was forced to rape his own mother.
123. Other forms of sexual torture included blows to the breasts and stomach, often inflicted on pregnant women with the intention of causing [ them to abort or damage their ability to have children. Many women
were brutally murdered by soldiers or attaches, who shot them or pushed I sharp objects in their vagina. In addition to the sexual abuse, women were illegally detained and subjected to other forms of torture that resulted in mutilation. )
124. Haitian women have rarely presented complaints about violations to
the police, partly because of fear of reprisals, since in many cases the *
perpetrators were soldiers who were part of the police. Historically in
Haiti, the police force has been a part of the army, and it is essentially �
soldiers who carried out policing functions. In the few cases where
women attempted to report violations committed by soldiers and their
auxiliaries, the authorities threatened them with reprisals, or simply did )
not investigate their complaints. On the other hand, there was the \
corruption and inefficiency in the judicial system and, in practical terms,
in contradiction with the 1987 Constitution (Articles 42 and 43), the '
army, rather than the civilian authorities, investigated such cases. On the
other hand, neither does the shame imposed by society on a woman who .
18 OAS/UN International Civilian Mission in Haiti. Press release, ref. CP/94/20 of May 19, 1994.
- 41 -
has been raped encouraged her to make a report on the attack. This underlines the importance of clearly recognizing sexual violence as a serious human rights violation.
125. The wounds inflicted on women who were abused sexually are both physical and psychological. Many of them feel shame and, what is more, cannot return to their hometowns for fear of rejection. In numerous cases, their private lives and family relationships have deteriorated. In other cases, the results of medical tests carried out on some women showed them to be HIV positive, while other women died because of sexual abuse.
126. During its visit to Haiti in May 1994, the IACHR received news of 21 cases of rape. Victims who gave their testimonies before the IACHR Delegation refused to give their names for fear of reprisals. The Commission presents a summary report of two cases which have the same elements and characteristics as contained in the 21 cases of rape.
"The victim is 42 years old and a member of the National Front for the Change and Democracy (FNCD). Her husband was murdered, and she was persecuted by members of FRAPH and "macoutes." In October 1993, about 7:00 or 8:00 p.m., members of these groups went to her daughter's house to find out where she was and kill her. Three men entered the house; the others remained outside. The men were dressed in olive green clothing and carried Uzis. They threatened her: "You support Aristide. You are a "Lavalas." We'll kill everyone we find in the house." Two of them raped her and they took away everything she had, including money. The victim stated that she had a medical certificate. After the above-mentioned events, the victim hid a few days at the home of friends, who finally asked her to leave because they were afraid. The victim and her five children now have nowhere to live. In May 1994, she received further threats and was beaten by two civilians".
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"The victim is 46 years old. Around midnight on November 29, 1993 as she slept, three men entered her home. They were wearing olive green uniforms and carrying Uzis and pistols. Some wore hoods. A number of them raped her; they beat her and destroyed her property. They also threatened her, saying that if there was talk of the incident the next day on the radio, they would return and kill her. They told her what occurred took place because she was an Aristide supporter. Although the neighbors heard noises, no one came out of their house to help her for fear of being killed".
127. This campaign of violations increased in intensity in early 1994. The OAS/UN International Civilian Mission pointed out that between February and July 1994, 77 cases of sexual violation were reported, including 55 against women who were militant or had close relations with male militants. Some human rights groups working specifically on the issue of women indicate that they have counted up to 18 violations in a single day, many of which were clearly reprisals for political activities. This use of sexual violence was documented in reports made by the IACHR, the OAS/UN International Civilian Mission, nongovernmental organizations such as Human Rights Watch and the National Coalition for Haitian Refugees, and a number of Haitian women who fled Haiti and obtained refuge in the United States.
128. The exhaustive and detailed information presented to the IACHR by representatives of nongovernmental organizations, such as Haitian Women's Advocacy Network, International Women's Human Rights of CUNY Law School, Human Rights Program, Immigration and Refugee Program of Harvard Law School, Women Refugees Project, Center for Human Rights Legal Action, Center for Constitutional Rights, MADRE, and the Law Office of Morrison and Foerster, clearly shows sexual violations and other types of violence against Haitian women as a form of reprisal, intimidation, terror, and degradation of women.
129. In the great majority of cases, it was demonstrated that the acts of sexual abuse were committed by representatives of the army and the police and their armed civilian auxiliaries, with the authorization or
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tolerance of the illegal regime. This therefore constitutes a violation of Article 5 of the American Convention on Human Rights, which deals with the right to humane treatment, and Article 11 concerning the protection of honor and dignity.
130. These abuses against Haitian women also constitute violations of other provisions of the Convention and of the American Declaration of the Rights and Duties of Man, as well as of other international treaties that Haiti has ratified and is obliged to respect: the Inter-American Convention to Prevent and Punish Torture and the Convention on the Elimination of All Forms of Discrimination Against Women. The relevance is also noteworthy of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women, recently approved at the meeting of the OAS General Assembly in June 1994 in Belem do ParS, Brazil.
131. In the past, the Commission considered a number of cases of sexual and other abuses against women, as a result condemning violations of the rights contained in the Convention and the American Declaration.
132. In the case of Haiti, sexual violations were the result of a repression for political purposes. The intention of those in power has been to destroy any democratic movement whatever, through the terror created by this series of sexual crimes.
133. The Commission considers that rape represents not only inhumane treatment that infringes upon physical and moral integrity under Article 5 of the Convention, but also a form of torture in the sense of Article 5(2) of that instrument.
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134. Consistent with the definitions elaborated in the Inter-American Convention to Prevent, Punish and Eradicate Torture,19 which Haiti has signed, and the United Nations's Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,20 the Commission considers that the rape and other sexual abuse of Haitian women inflicted physical and mental pain and suffering in order to punish women for their militancy and/or their association with militant family members and to intimidate or destroy their capacity to resist the regime and sustain the civil society particularly in the poor communities. Rape and the threat of rape against women also qualifies as torture in that it represents a brutal expression of discrimination against them as women. From the testimonies and expert opinions provided in the documentation to the Commission, it is clear that in the experience of torture victims, rape and sexual abuse are forms of torture which produce some of the most severe and long-lasting traumatic effects.
19 Article 2 of the Inter-American Torture Convention defines torture as:
any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
Basic Documents Pertaining to Human Rights in the Inter-American System, OAS 1992, page 83.
20 The UN Convention Against Torture defines torture as:
...any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him (her) for an act (s) he or a third person has committed or is suspected of having committed, or intimidating or coercing him (her) or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity...
A Compilation of International Instruments, Volume I (first part) UN 1993, page
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135. The facts submitted to the Commission reflect that rape was neither random nor occasional but widespread, open and routine. Whether this occurred by direction of or with the encouragement or acquiescence of the illegal regime, the Commission considers that such use of rape as a weapon of terror also constitutes a crime against humanity under customary international law.
136. The Commission notes recognition in recent years of the gravity of rape in international human rights law, including the emphasis by World Conference on Human Rights on the gravity of violence against women in general and in particular, of "systematic rape..." brought to the fore by the atrocities in the former Yugoslavia,21 the approval by the General Assembly of the Declaration on the Elimination of Violence Against Women22 and most specifically, the reports of the Special Rapporteur on Torture to the Human Rights Commission who described rape in detention as a form of torture.23 We also note that in the international humanitarian law, torture has been treated as a "grave breach" of the Geneva Conventions by the UN Human Rights Commission and by the International Committee for the Red Cross.24 The Statute of the International Criminal Tribunal for the Former Yugoslavia incorporates rape
21 Vienna Declaration and Programme of Action, Report of the World Conference of Human Rights, Vienna 1993, A/CONF. 157/23 (12 July 1993) paras. 18, 28 & 38.
22 Declaration on the Elimination of Violence against Women. Dec. 20, 1993, 85� Reunion General Assembly ONU.
23 See, e.g., Torture and Other Cruel, Inhuman or Degrading Punishment: Report by the Special Rapporteur (Kooijimans), UN ESCOR Hum Rts. Comm. para. 119, UN Doc. E/CN.4/1986. See also, Preparatory document submitted by the Special Rapporteur, Ms. Linda Chavez on the question of systematic rape, sexual slavery and slavery-like practices during wartime, UN ESCOR Sub-Comm. on Prevention of Discrimination and Protection of Minorities/45th Sess. E/CN.4/Sub.2/1993/44 (7 September 1993) para. 1.
24 Resolution on Integrating the Rights of Women into the Mechanisms of the United Nations, UNESCOR Hum. Rts. Commission 50th Sess., at 2, 4, UN Doc. E/CN.4/1994/L.8 rev. 1 (1994); International Committee for the Red Cross, Aide Memoire.
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as a "grave breach" of the Geneva Conventions (article 2) and a violation of the laws and customs of war (article 3), and, explicitly names rape as a crime against humanity (article 5(g)).25
C. Violations of the rights of children
137. Children have also suffered violations of their human rights for the purposes of the repression carried out by soldiers. They have been victims of summary executions, attacks on their physical integrity, and other inhumane and degrading treatment. As a result of the wave of repression against the Haitian population, families and children have been affected. For example, the phenomenon of marronage mentioned above has led children to flee with their families and suffer the same dangers to which the adults have been exposed, putting a sudden stop to their childhood and their school routine. In some cases, minors have been left completely on their own, since their parents were murdered.
138. In its report of July 1994, the OAS/UN International Civilian Mission noted that it had received news of 51 cases of human rights violations against children between February 1 and May 31. The ages of the victims varied between five months and 1 7 years. One half of the cases occurred in the Port-au-Prince slum, Cite" Soleil. In spite of the fact that the authors of the violations wore civilian clothing, on some occasions they were identified by the local people as members of the Armed Forces or FRAPH. Similarly, the Mission indicated it had received news of 23 cases of extrajudicial executions, deaths in suspicious circumstances, and deaths as a result of torture or cruel treatment against children.26
25 The Tribunal Statute is contained in Report of the Secretary General Pursuant to Par. 8 of Security Council Resolution 808, UN Doc. 5/25704 (1993), approved SC Res. 527 (25 May 1993).
26 Report of the OAS/UN Civilian Mission: "Situation of Democracy and Human Rights in Haiti," doc. A/48/532/Add.3 of July 27, 1994.
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139. The Permanent Council of the OAS, by its Resolution 630, had expressed its concern with this type of violation and requested the IACHR to give priority to the investigation of child abductions. During its visit in May 1994, the IACHR received the testimony of members of the family of a four year-old boy who had been kidnapped in March 1994. According to the statement, three armed men arrived, saying they were looking for the child's father who was a member of a political organization of young people in Cite Soleil. When they did not find the man, they raped his wife and took away the child. The child was found unharmed four days later at a radio station.
140. Also during this visit, the Commission received information that mothers were raped in the presence of their children. In some cases, sexual violations were committed against girls aged 10 and 12 years. In the cases of arbitrary arrest, parents were detained along with their children.
4. Cases of Human Rights Violations A. Right to life
141. As a result of the visits in Haiti carried out in May and October 1994, the IACHR observed an unprecedented increase in the number of extrajudicial executions. The Commission was able, thanks to information provided by local agencies for the defense of human rights and testimonies presented by family members of victims, to establish a large number of violations of the right to life, which is enshrined in Article 5 of the American Convention on Human Rights.
142. From January 31 to May 31, 1994, 210 cases of extrajudicial executions were recorded, according to data collected by the IACHR on the occasion of its on-site visit carried out in May. However, the OAS/UN International Civilian Mission has established 340 cases reported between February and June 1994.
143. The causes of these executions stemmed from the political situation in Haiti; the paralysis of the judicial system and the complicity of the
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police and the legal establishment blocked all attempts at investigation and official identification of victims; the police took no action to identify and arrest the perpetrators of these violations. The official records at the morgue were not properly maintained; families of victims generally did not take any action before the law or the police, through fear of reprisals, and were not informed, in most cases, when the body of their family member has been identified. In addition, the impossibility of identifying corpses, which often appeared severely mutilated or partly eaten by animals, made it more difficult to go to court.
144. The information gathered by the IACHR shows, however, that these executions were carried out systematically and were mainly directed at civilian groups joining together because of shared political convictions, or at those who merely were members of sectors of society considered hostile to the de facto government: clergymen, peasants, students, and the urban poor. Although such executions have normally been attributed to armed civilians, the information received demonstrates the link that exists between the latter and members of the Armed Forces, and this makes it possible to conclude that these are paramilitary groups acting in the manner of death squads. In other cases, the direct participation of members of the Haitian Armed Forces and members or sympathizers of Revolutionary Front for the Advancement and Progress of Haiti (FRAPH) was proved by testimonies submitted.
145. Hereunder are some of the complaints received by the Commission during the on-site visits it carried out in 1994:
146. An active member of the Papaye Peasant Movement (MPP), Elie was knifed to death on January 18, 1994. He was executed at his home by a group of 15-18 masked men, in the presence of his 12 children who had first been handcuffed by the assassins.
147. He was murdered on January 26, 1994. His body was found in a Port-au-Prince street two days after he was abducted, with a cord around his neck, his hands tied, his eyes crushed, his right ear missing, his tongue cut, and traces of bullet wounds and machete chops on his body.
Oman Desanges was 27 years old. He was the president of the Youth for Progress Association, which was founded in 1990. Since September 1991, he had been forced to live underground to escape the soldiers who were looking for him. In February 1992, he tried to obtain political asylum in the United States, but his request was refused. On trying to return to his house in December 1993, he was jailed for five days, during which time he was savagely beaten. His mother then succeeded in obtaining his freedom by paying 300 gourdes ($25).
Mitchel and Bernard Casimir and Louis Jeanty
148. During the night of April 26-27, 1994, a commando of heavily armed civilians wreaked terror for several hours in the area of Papo, Croix-des-Missions (north of Port-au-Prince), killing three persons, raping a young woman, and roughing up inhabitants, including an eight year-old boy.
Apparently, the attackers entered houses in small groups. In one house, the armed men killed the brothers, Mitchel (27 years old) and Bernard Casimir (20 years old) in their rooms. First, the attackers had tied up the victims' father and beaten him with the butts of their weapons, accusing the family of being responsible for the embargo.
In another house, the assaulters shot Louis Jeanty, who was trying to escape when they arrived. Jeanty was hit by a shot and fell to the ground, before he was riddled with bullets.
Throughout this operation, which lasted several hours, people remained totally without protection, since at no time did the police intervene.
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Emmanuel Joseph, Merci Dieu Bontemps, St. Louis, and Serge Joseph
149. On May 23, 1994, the bodies of these four political militants were found in the Cite" Soleil slum. All had been murdered by gunshots.
Emmanuel Joseph, 38 years old and a member of the "Tet Ansam Cite Soleil" Association, was gunned down by two armed individuals who entered his house, had forced him to lie on the floor, and killed him with a burst of automatic gunfire.
Mr. Merci Dieu Bontemps, 43 years old, and Mr. St. Louis, 26 years old, both members of the Young Persons Association of Cite Soleil, were each executed with a bullet in the temple.
The body of Serge Joseph, a 19 year-old member of the Alliance of Revolutionary Patriotic Democrats, was found the same day. He had been murdered in the same manner, with gunshot wounds.
Given the information received locally, it can be concluded that the same group of individuals is responsible for the four murders. They are heavily armed civilians whose exact number could not be determined.
Marie Auxiliatrice Decossa
150. On June 15, 1994, in Port-au-Prince, three attaches and two soldiers in uniform entered the house of Marie Auxiliatrice Decossa, a militant in the "Sendika Nasyonal ti Machann-yo" organization. After reproaching her for her activities within this workers' union, they beat her up in the presence of her three children and took her outside. As she attempted to push away one of the soldiers, he became furious and shot her in the stomach. As a result of the wounds she received, Mrs. Decossa died the following day.
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Jean Marie Vincent
151. During the night of August 28, 1994, Father Jean Marie Vincent was murdered by a group of heavily armed men who were waiting for him at the entrance to the residence of the Monfortain Priests in Port-au-Prince. Father Vincent had escaped two attacks in August 1986 and in August 1987. On the latter occasion, he was severely wounded, when a group of priests intervened to save his life during an attack on Aristide in the Fraiscineau area following a mass in memory of the peasants murdered during the Jean Rabel massacre.
Jean Marie Vincent had dedicated his life to the promotion of human rights and basic freedoms in Haiti. Founder of the peasant "Tet Ansam" movement of Jean Rabel, he was also a member of the "Caritas" and "Fonades" foundations for the economic development of Haiti.
Cases of abduction and forced disappearance
152. During the lACHR's on-site visit in May 1994, it received much information on cases of forced disappearance and abduction. Testimonies presented to the Commission show that the procedure most used in kidnappings was as follows:
153. Victims were abducted from their homes or in the street by armed civilians operating from vehicles. It was sometimes established that the abductors wore army or police uniforms. In most cases, they beat victims when they were abducting them, handcuffed them, blindfolded them, and took them to clandestine detention locations. In those places, detainees were interrogated regarding their political or union activities. Interrogations were accompanied by beating, mistreatment and torture, failure to provide water or food.
1 54. In some cases, bodies of kidnapped persons were found showing signs of severe torture. This situation became more worrisome in April and May 1994, when numerous unidentified and severly mutilated corpses were regularly found in the streets of Port-au-Prince.
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Massacre perpetrated in Raboteau
155. Several localities in the Northern DSpartement were victims of systematic military repression following the coup d'etat of 1991. The well-known support of the DGpartement for President Aristide and the recognized presence of militants among the people exacerbated the soldiers' hate, and they carried out raids and acts of violence throughout this period. To sum up those acts, there were cases of murder, arbitrary arrest, torture, fire that destroyed hundreds of homes, and destruction of crops and livestock.
156. Raboteau is a poor seaside slum to the north-west of the coastal town of GonaTves. The repression against its inhabitants, who are Aristide supporters for the most part, was systematic. Political militants and members of organizations based in this slum took the habit of sleeping next to their boats to escape frequent raids by the army and FRAPH.
157. On April 18, 1994, two soldiers, accompanied by a local FRAPH leader, went to Raboteau in search of Amio Metayer, nicknamed "Cubain," whom the army suspected of being the leader of an armed group calling for the return of Aristide. The search ended with the sacking of various houses, blows and beatings inflicted on inhabitants who tried to flee, and numerous arrests.
158. Four days later, a larger number of soldiers, accompanied by FRAPH members, took control of Raboteau from early in the morning. They attacked and looted about a dozen houses and beat the inhabitants before summarily executing, on the coast or in boats, many persons who were trying to flee by sea.
159. International observers who went to the site on April 27-28, 1994 could not establish with certainty the number of victims, since many of them had been buried hurriedly the day after the massacre by prisoners under army orders.
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160. The OAS/UN International Civilian Mission indicated that at least 12 persons had been murdered by shots fired by soldiers wearing tactical squad uniforms. Other reliable sources indicated that at least 28 persons had been murdered.
161. Numerous testimonies indicated that those responsible for this massacre were soldiers from the Toussaint Louverture barracks, acting under the orders of Roland Depton, Delegate of the Artibonite Departement, and Jean Tatoune, a former political militant and a collaborator with the soldiers.
162. During 1994, the government's efforts to silence all opponents resulted in a large number of extra-judicial executions. Although the Inter-American Commission on Human Rights, in cooperation with the international observer missions and the human rights agencies on-site in Haiti, has compiled some figures, the exact number of these extrajudicial executions is impossible to determine.
163. The Commission is submitting a partial list of the extrajudicial executions that took place from January to June 1994. The names on the list were compiled by human rights groups working in Haiti. The list is not exhaustive, since it contains only the names of persons whose bodies could be identified and about which the human rights groups were informed.
January and February
In Cite Soleil, Port-au-Prince
January 15, a woman named Jeanne, 35 years old
January 28, 1994, journalist Michelet Dominique, 30 years old
A man called Tizo, about 30 years old
February 2, 1994, Chevalier Pascal, 38 years old, an immigration employee
February 3, 1994, Charles Alexandre, 24 years old, a student
A young man named Miguel, 25 years old
February 10, 1994, Thermidor Josue\ 28 years old
Ernst Theodore, 26 years old
February 12, 1994, Ti-Blanc, 34 years old
February 20, 1994, C6savoire Jean Vernet In the interior of the country In Solino
January 10, 1994, T6ya Th6rese, a member of MOJEP
January 10, 1994, Elukner Elie, a leader of the Papaye Peasant Movement
January 11, 1994, Rozius Frangois In Martissant
January 22, 1994, Robert Jean In Laboule
January 31, 1994, Delance Augustin, an engineer In Morne Cabrit
February 22, 1994, Beauvais Leonard F6lix March and April In Cit6 Soleil, Port-au-Prince
March 6, 1994, Valmel Cassamajor
March 10, 1994, a young man, 26 years old, named Lambert
March 11, 1994, M. Pierre
March 17, 1994, Dietner Auguste, 34 years old
March 25, 1994, a man called Joreks, 27 years old
April 4, 1994, Kesner Bruno, 19 years old
April 7, 1994, Mrs. Petion, 46 years old
April 14, 1994, Marie Louis
April 16, 1994, M. Avril
March 5, 1994, Massadieu Massillia, a primary school student
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March 15, 1994, Lukner Auguste, 40 years old March 20, 1994, Lamante Paul, 28 years old March 21, 1994, Dargil Theodore April 9, 1994, Fils Aim� Jasmin, 32 years old April 19, 1994, Lafond Harold
In St. Michel de I'Attalaye
April 10, 1994, Myrlande Francius, 18 years old In Seguin
April 23, 1994, Pierre Philippe
May and June 1994
June 23, 1994, Florestal Sheila and Florius July 1, 1994, Paul Pierre, 40 years old
June 9, 1994, Fridner Jean In Martissant
July 31, 1994, a man named Alfred, 35 years old
B. Right to personal liberty and humane treatment
1 64. During the period between January and September 1994, the Haitian people continued to give testimony of numerous human rights violations, particularly with reference to personal liberty and humane treatment as respectively reflected in articles 7 and 5 of the American Convention. As outlined in the previous special report on the situation of human rights in Haiti, following the overthrow of the democratic government of President Aristide, cases of arbitrary arrest, disappearance, mistreatment, and torture became a part of daily life.
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165. The violations of these rights were closely linked to the systematic oppression carried out by the armed forces, since in all cases of detention, the victims were beaten and subjected to other physical abuses. Many of the detentions took place outside the hour stipulated by the Haitian Constitution for making arrests. Such detentions were carried out without any court authorization whatever, and in no case could persons detained appear before a judge.
166. Soldiers systematically applied themselves to the task of repressing any support that the democratic government may had, by persecuting its supporters and destroying any attempt at popular organization, regardless of whether such organization had political objectives. The loss of liberty was generally accompanied by beating, torture, death threat, and other inhumane and degrading treatment.
167. On other occasions, victims had not been deprived of their liberty, but as part of the policy maintained by the regime to terrorize people, they were sought out in their own homes, or sometimes intercepted in the street, and savagely beaten.
168. A frequent practice was to abduct a close family member of the person they were looking for, when the latter was not found at home. In many cases reported to the Commission, it was hard to obtain news of abducted family members and they were considered missing.
1 69. Also, arbitrary arrests were often an additional source of enrichment for soldiers or policemen, who created a sort of bargaining process in which family members of victims were obliged to pay large amounts of money to secure the freeing of detainees or at least to put an end to mistreatment.
170. During the two visits carried out by the Commission in 1994, it received a large number of complaints against violations of the right to humane treatment and personal liberty. Below, a few cases are presented by way of illustration:
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Gala Jean Rhoud
171. On June 20, 1993, in LSogane, Jean Rhoud Gala was arrested by the area's police chief and detained for two days. He was tortured by the police chief and his aides during the interrogation they carried out. Gala Jean Rhoud was freed after his family paid his captors 3,000 gourdes.
172. He was illegally arrested by soldiers on September 14, 1993, spent seven days in prison, and had to pay a sum of 700 gourdes to be freed on September 21, 1993. Two days later, as word reached him that he would again be arrested, he was forced to flee into clandestinity with his wife and children in Borgne. On October 28 of the same year, the section chief in Au Borgne, accompanied by soldiers, had 300 houses burnt down. Numerous people were beaten up and many animals were massacred.
173. A person close to President Aristide, he was arrested on September 30, 1993 and taken to Fort Dimanche where he remained for 15 days, during which he was severely beaten. They placed a plastic bag on his head trying to suffocate him.
On April 28, 1994, he was again detained on the Bon Repos road (Cul-de-sac, Port-au-Prince) by soldiers from the area and taken to the military post. The next day, he was transferred to the post at Croix-des-Bouquets. Sony Lefort had marks on his body that proved he had been severely beaten, and this was confirmed by other sources. His wife Bertha Romelus, accompanied by other persons, went to the Croix-des-Bouquets post to take him food and clothing. They found the detainee sitting in the guard room with his face inflamed. When he was asked what had happened, he replied that Captain MondSsir had given the order to arrest him, but he still did not know for what reason. The victim's wife then went to one of the soldiers in the guard room to ask him if she
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could give food and clothes to the detainee. Following a lengthy discussion with the captain, he finally agreed that the detainee could be given food and clothes, but he said the detainee had to remain in detention, since he had not finished with him. Since then, the family has not been allowed to communicate with Sony Lefort.
174. An Aristide supporter along with her husband, she was abducted from her home on October 16, 1993 by armed civilian members of FRAPH when the latter did not find here husband there, as he had managed to escape through a window. Mrs. Belance was taken to Titanyen, a place known as a common grave for those executed extrajudicially, where she was brutally tortured, mutilated, and left for dead from machete chops to the face, neck, and extremities. In spite of the serious wounds received, Mrs. Balance managed to drag herself to the street, ask for help, and save her life, thanks to the medical treatment she received.
175. At the beginning of May 1994, toward 10:00 p.m., the house of this committee member in the Grand-Goave shanty town was stoned for a half-hour. On May 4, three men--a soldier in olive green uniform and two men in civilian dress-came to his house to arrest him. Saurel was taken to the Grand-Goave barracks where, without being questioned, he received about 100 blows with a baton on the buttocks. They then applied the "kalot marasa," which is a method whereby they apply blows to both sides of the victim's head, often causing serious lesions on the ears, including perforation of the eardrum, infections, and loss of hearing. After being accused of setting fire to the Grand-Goave barracks on September 30, 1991, he was taken to prison.
The following day, a sergeant named Daniel went to fetch him in the cell and took him to the guard room, where he gave him more than 300 blows with a baton. The sergeant showed him a piece of paper on which were written the names of all the people's organizations in Grand-Goave
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and ordered him to tell him the addresses of the members of those organizations, following which he was taken back to prison. During the night of May 5-6, toward 3:00 a.m., the commander of the barracks decided to free him, warning him that he should leave town, since if he did not, he would not hesitate to kill him at the next opportunity.
Jean Kroutchev Celestin
176. A member of the Coordination of Shanty Town Committees (COCOQ), he was abducted on May 14, 1994 toward 8:00 p.m. by four armed civilians in a Rocky jeep, after they had sprayed paralyzing gas in his eyes. Once he was in the jeep, the men interrogated him regarding the names of members of the Platform of Carrefour Feuilles, to which Mr. Celestin replied that he knew nothing. On arriving at their destination, they blindfolded him and tied him up in the "djak"27 position with a cord to lower him into an underground cell. The following day, after the cord and the blindfold were removed, he was taken to a room where he was interrogated regarding the activities of his organization and on the financing of "Lavalas" organizations. In the process, Mr. Celestin was savagely beaten in the head and back.
Mr. Celestin spent seven days at that place and was beaten daily during interrogations. They subsequently offered him to join their group. When he refused, he was again tied up and locked in the vehicle. Mr. Celestin managed to jump out of the automobile and escape from the shots fired by his tormentors.
Events at Borgne
177. Localities in the region of Borgne were subjected to numerous military raids since 1 991. The repression never ceased to increase during the period, leaving dozens of victims and hundreds of persons homeless.
27 "Djak" (sometimes written "djack") is the word used for a special type of torture in which a person's wrists are tied to his ankles and a pole is inserted transversally to his chest so that he can be suspended in the air and beaten in that position.
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178. The many raids that took place between 1991 and 1994 resulted in the destruction of more than 250 houses by fire, the slaughter of livestock, and crops destroyed.
179. Many peasants were mistreated and harassed. Concordant testimonies from reliable sources confirm that there were summary executions of persons sought out by the Armed Forces of the de facto regime, and rapes of women who refused to give information on where the persons sought were hiding.
180. Since April 7, 1994, the Haitian Armed Forces have maintained a state of siege in this area, prohibiting access to it by the Civilian Mission and journalists.
181. Alarming testimonies from varied sources, as well as the visit that the Civilian Mission was finally able to make, April 27-30, made it possible to establish the nature of the crimes committed.
182. On April 8, 1994, a large-scale military operation began in the area of Petit-Bourg-du-Borgne, Port-Margot, and Ravine-Trompette, with movements of armed groups from Cap HaTtien and Limbe" and a convoy of ambulances going toward the area. On April 9, 1994, a commando of about 300 heavily armed men, including the Captain of the Limbe" District, various section chiefs, attaches, and members of the FRAPH in Borgne, attacked Bassin Caiman in the Boucau Michel section of Borgne and neighboring localities.
183. The attack started toward 10:00 a.m., with the burning of six houses in Petite Riviere and Tripot. On the road from Collette and Bassin Caiman, they burned down 35 houses belonging to 17 families, destroyed about 50 gardens, and killed or stole more than 1 50 head of livestock.
184. During these operations, many women and children were raped. More than 200 peasants had to pay extortion of 50 to 2,000 gourdes. Various illegal and arbitrary arrests took place, including those of the Mayor of Borgne, Belizaire Fils Aim6, who was held incommunicado.
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C. Rights to freedom of expression and of assembly
185. The rights to freedom of expression and of assembly are enshrined in Articles 13 and 15, respectively, of the American Convention on Human Rights, and are intimately conected under the plan of repression pursued by the de facto regime in Haiti, which undertook the task of persecuting any form of political organization and popular grassroots groups and of keeping a grip of steel on the communications media.
186. The soldiers who assumed power following the overthrow of the democratic regime exercised extraordinary censorship on the communications media, along with the cancellation of any possibility of holding meetings of any type.
187. Many attacks on the right of expression and the right of peaceful assembly were brought to the attention of the IACHR and the OAS/UN International Civilian Mission. Members of popular organizations were the first victims of such violations. The repression was so systematic and reached such a level of brutality that Aristide's supporters and all those who desired a return of the democratic order often seemed to give up exercising their rights for fear of reprisals.
188. The repression of the freedom of the press is particularly illustrative: several Haitian journalists were murdered during and following the coup. Others are missing, presumably dead. Six radio stations were permanently silenced, and at least 30 journalists fled the country in August 1994. In addition, foreign journalists were routinely expelled from the country for the smallest gesture that the soldiers of the de facto government deemed inappropriate.
189. In a decree issued on August 2, 1994, the illegal de facto government warned the communications media that the military authorities would take measures against the transmission of "alarmist and tendentious news," especially information from embassies (most particularly that of the United States), and seized the opportunity to reiterate the warning formulated in May that foreign journalists would be deported if they were found within a radius of three kilometers from
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airports, military barracks, border posts, police stations, and other strategic sites.
190. A paramilitary group called the Haitian Resistance League, closely linked to the Haitian security forces, warned owners of communications media about the transmission of statements by antimilitary groups. Haitian television crews and interpreters working under contract with foreign journalists were warned by the government that they could be accused of working with the enemy.
191. The Commission considers that the control the de facto military government tried to impose on the people resulted in a severe wave of oppression. The main victims of the oppression were members of people' organizations endeavoring to exercise their fundamental rights; journalists and the communications media in general. Merely doing their normal work placed journalists in imminent danger of reprisals in the form of detentions, beatings, and even death. The mere suspicion of belonging to or being affiliated with an organization regarded as supporting President Aristide was also sufficient reason to be detained.
192. Below are presented a few of the cases received by the Commission during its on-site visits in May and October 1994 on the right of expression and assembly:
193. On September 5, 1993, he signed a press release published by the Fort St. Clau Platform, calling on General Cedras and members of the Senate to respect the Governors Island Agreement, which was broadcast by various radio stations in Haiti.
Armed civilians immediately started to look for him at various places in Port-au-Prince. Finally, on September 7, he was held by three attaches as he returned home. He remained detained in prison a whole day, during which he was severely beaten. On February 11, 1994, following statements on the radio, Adner D'Haiti was again arrested and beaten by attaches.
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Thibault Jm. Mozart
194. President Aristide's press officer prior to his overthrow and currently a member of the Belle-Anse Foundation, he had been appointed by the Foundation to collect information on human rights violations in the Belle-Anse District. On May 13, 1994, he was arrested by a soldier named Abessis Noel and taken to the barracks, he was received by the commander of the Military District of Fliotte, Oreste Se>ipahen, who questioned him on the support that Aristide was receiving. In view of Jm. Mozart Thibault's refusal to talk, the commander ordered that he be beaten on the ears. As a result of the mistreatment to which he was subjected, Mr. Thibault has hearing problems and difficulty controlling the modulation of his voice.
195. A 27-year-old journalist, who was reported missing on August 4, 1994 by Radio Tropic FM, the station where he was working. His family and colleagues at work saw him for the last time on July 31. His last radio program was broadcast during a ceremony organized by the military authorities. Ocean had been detained by soldiers in 1993, accused of distributing leaflets supporting deposed President Aristide.
196. A delegate of the Savane Peasant Movement for Social Development (MPSDS), on July 15, 1993 he was at a meeting of about 50 persons in the Pandiason shanty town in Hinche, which was interrupted by a band of armed civilians who arrested half of the participants. On August 20, while participating in another meeting, he was again arrested by armed civilians.
On September 15, 1993, during a meeting of his association at which plans were being made for the return of Aristide, the local section chief came to interrupt the meeting, and various participants were beaten. On December 27, 1993, during reprisals carried out by FRAPH in Cite
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Soleil to avenge the death of Issa Paul, Marcelin Clotaire was arrested and taken to the Anti-Gang Brigade, where he was severely beaten.
Franze Lamisere and Gerald Duverger
197. The persecution of members of an ecological organization, the National Union of Progressists for Reforestation and the Environment (UNPREN), of which Mrs. Lamisere is a member, began on July 25, 1993 with the violent interruption of one of its meetings by order of section chief Vancol Adam.
On October 26, 1993, when Mrs. Lamisere was at another meeting, it was interrupted by armed civilians who pursued them to their own homes, attacked them and their family members, and ransacked their houses. Delegate Gerald Duverger, who was also at the meeting, was severely beaten and taken to a location where he was left for dead. As they were threatened with death, the organization's entire leadership was forced to remain in "marronage."
Mr. Destaul and Natacha Destaul
198. A member of the Young Peasants' Movement (OMJPC) in Cotes de Fer, Mr. Destaul was presiding over a meeting of the OMJPC on October 30, 1993, when suddenly various soldiers and armed civilians erupted in the church where the meeting was being held and at which his wife was also present. Mr. Destaul was beaten and taken to the Cotes de Fer barracks, where he was held for three days before being freed on November 1, 1993. In prison, he was informed that he had no right to hold a meeting on that day. Although Mr. Destaul obtained treatment for his wounds once he was freed, he still has deep scars from the mistreatment and blows he suffered.
On November 2, he was accused by a military commander of burning down his house, an incident in which the soldier lost a son. In reprisal, various soldiers and armed civilians then burned down the offices of the OMJPC and the home of Mr. and Mrs. Destaul. After that Mr. Destaul was in clandestinity, or "marronage."
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In February 1994, seven soldiers and armed civilians went to Mrs. Destaul's home asking to see her husband. As he was not there and despite the fact that she was seven months' pregnant, she was beaten and lost consciousness.
199. As a member of the Federation of Young Patriots of Jean Denis (FJPJ), of KODET, and of KONAKOM, he was subjected to constant persecution by soldiers.
Arnaud Elisias was always involved in the defense of peasants and in the organization of popular demonstrations. He also devoted himself to distributing pamphlets in public places in favor of Aristide. He constantly defended peasants against abuses by the local authorities and was therefore not allowed to live in the region of Jean Denis, Petite Riviere, in Artibonite, Section I of Bac Cousin.
Arnaud endured the murder of his son, and both his wife and his sister were raped on two occasions. Since the coup d'etat of September 1991, he has had to remain in clandestinity. The last act he has had to endure, as reported to the Commission, was the burning of his house and the murder of his brother, Olden Elisias, at the hands of soldiers as he tried to prevent them from getting into the house.
D. Right to private property
200. The repression carried out by the de facto regime was not limited to physical persecution of citizens and brutal attacks against the personal integrity of those who opposed the regime. It also involved the destruction of whatever few belongings they owned.
201. The right to property is set forth in article 21.2 of the American Convention on Human Rights, which states: "No one shall be deprived of his property except upon payment of just compensation, for reasons of
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public utility or social interest, and in the cases and according to the forms established by law."
202. The numerous cases recorded by the Commission show that frequently the military or armed civilian oppressive forces, acting under army orders, destroyed the homes of persons sought (usually supporters of President Aristide), as part of the terrorist policy. These actions produced heartrending situations in which the father had to abandon his family and go into hiding, and the family was left completely abandoned, without housing to shelter them.
203. The Commission observed that it was the practice of military and paramilitary forces to sack their victims' homes before burning them to the ground. Along with these abuses of property rights, the commission learned of cases in which the "section chiefs" seized the land and crops of victims when they had to go into hiding "marronage" (clandestinity).
204. In that regard, the officials of the illegal de facto government and the armed civilians of FRAPH frequently used the destruction of the homes of opponents of the regime as a repressive measure.
205. The following are some of the cases reported to the Commission. Gabriel Edrasse
206. On June 10, 1992, armed civilians attacked him while he was at a sports center with other persons, accusing him of being a Lavalas member. After beating him savagely and believing him to be dead, his attackers tried to hide his body.
On October 30, 1993 he was arbitrarily arrested and had to spend the first three days of his detention without food. He was accused of being a member of the AJPS (Association of Young Underground Progressists), a group that works in favor of Aristide. His house was burned down, and he had to abandon his wife and children, hiding constantly, seeking refuge in churches until he was again arrested on March 23, 1994 for distributing photographs of Aristide.
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Leroy Charles Vigne
207. Following the overthrow of President Aristide, numerous members of the Papaye Peasant Movement (MPP) were arrested, beaten, and murdered. However, MPP member Mr. Leroy Charles Vigne managed to escape during the night of July 1, 1993 from soldiers who were trying to arrest him. When they could not find him, they looted and destroyed his house. Since then, Mrs. Leroy Charles Vigne and her five children had no home and feared for their lives in view of possible reprisals by the soldiers.
208. On December 27, 1993, the corpse of FRAPH treasurer Issa Paul was found in Cite Soleil. FRAPH members then accused Ryfelle D'Haiti of being responsible for the murder, because he was a member of a popular organization that had published a communique" criticizing the army. He was arrested and beaten, as was his wife. Thanks to a sergeant's intervention, they were freed. However, all his belongings were burned. On the same occasion, more than 200 homes were burned down in the Cite Soleil slum during acts of reprisal carried out by FRAPH members.
5. Refugees (boat people)
209. Since September 29, 1991 when the Armed Forces overthrew President Jean-Bertrand Aristide, the Commission has been observing the human rights situation of Haitian refugees. In each of its special reports on Haiti covering the periods of 1992 and 1993, the Commission devoted a special chapter to the subject.28
210. The repression against the Haitian people started immediately after the coup d'etat and took the form of murders, abductions, tortures, and
28 Doc. OEA/Ser.L/V/ll.83, doc. 18 of March 9, 1993, pp. 41-45; Doc. OEA/Ser.L/V/ll.85, doc. 9 rev. of February 11, 1994, pp. 135-148.
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politically motivated arrests. The systematic human rights violations perpetrated by soldiers caused a massive exodus of Haitians, primarily from the sectors that backed President Aristide. Thousands of Haitians fled the country, escaping from the severe repression across the border with the Dominican Republic or aboard small, unsafe boats headed for the United States. Other boats headed for The Bahamas, Belize, Cuba, Honduras, Jamaica, Trinidad and Tobago, and Venezuela, where their passengers sought asylum. Many of these boats were intercepted by the United States Coast Guard Service, while an incalculable number of them sank, and their passengers drowned.
211. In its last report, the Commission pointed out that over 41,000 Haitians29 had been intercepted, 30,000 of whom were returned to Haiti. The practice of interdiction and forced repatriation by the United States has been the target of constant criticism by nongovernmental organizations for the defense of human rights. The latter have argued that this practice violates international law, specifically the provisions of Article 1(A) of the United Nations Protocol relating to the Situation of Refugees, to which the United States is a party and in which a refugee is defined as:
"any person who, for reasons of race, religion, nationality, adherence to a given social group, or political opinion, is outside of the country of his nationality and cannot obtain the protection of that country or ... is unwilling to do so ..."
and finally, Article 33 of the above-mentioned Convention of 1951, which states:
"No Contracting State may in any manner expel or return ("refouler") a refugee to a territory within whose borders his life or freedom may be at risk by virtue of his race, religion, nationality, adherence to a given social group, or political opinion."
Doc. OEA/Ser.L/V/ll.85, doc. 9 rev. of February 11, 1994, p. 135.
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212. Human rights groups that defend refugees' rights have argued that the practice applied also violates United States law, which prohibits "refoulement" or the forceful return of persons genuinely fleeing the persecution to which they are subjected in their country of origin.
213. On June 21,1993, the United States Supreme Court ruled that the President's power to repatriate aliens without papers who had been intercepted on the high seas was not subject to any restriction and that the right to be not subjected to "refoulement" applied only to aliens who were physically present in the host country. In this respect, some organizations concerned on human rights, alleged that those persons who were intercepted in international waters were bereft of any juridical remedy, and unless the legislation in force were amended by the Congress, the Haitians would continue to be repatriated without being granted a hearing to present arguments in their quest for asylum.
214. In early-February 1994, President Jean-Bertrand Aristide announced that he would denounce the agreement that permitted the United States to repatriate, without process, Haitian refugees intercepted on the high seas, citing the clause that provides for denouncing of the agreement between the two countries, with six months' advance notice. President Aristide's communique was issued after four corpses of Haitian refugees, including two children, were found on the beaches of Florida.
215. The criticism by certain domestic sectors in the United States against President William Clinton's policy of intercepting and returning "boat people" to Haiti intensified in early-1994. In March, a group of congressmen, particularly the Black Caucus members, artistes, and leaders of the Black movement in the United States, launched a campaign to obtain a change in the United States Government's policy. The group described President Clinton's policy as racist and asked for the removal of Lawrence Pezzullo, Special Advisor on the Haitian crisis at the State Department.
216. On April 11, the Executive Director of the TransAfrica group, Randall Robinson, began a hunger strike in opposition to the policy of summary repatriation of refugees. Also in April, President Aristide
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maintained his criticism, accusing the United States Government of implementing a racist policy by returning Haitian intercepted at sea to their country of origin without giving them the option of requesting political asylum.
217. During its visit to Haiti in May 1994, the Inter-American Commission on Human Rights received complaints from a number of people who were victims of human rights violations, including extrajudicial executions after being returned to Haiti from Guantanamo. Amnesty International recorded some cases, including the following:
218. Oman Desanges, founder and chairman of the neighborhood committee, the Association of Young Progressives of Martissant (Association des Jeunes Progressistes de Martissant). A few days after the September 1991 coup, soldiers tried to detain him, and in February 1992, he fled in a boat with his family. The U.S. Coast Guard intercepted and took a number of Haitians to Guantanamo, where some were selected to enter the United States for processing their request for asylum.
In spite of this, and apparently due to a mistake, Oman Desanges and several members of his family were returned to Haiti in May 1992. On January 26, 1994, the body of Oman Desanges was found near the Port-au-Prince international airport. His arms were tied, a rope was around his neck, and a red scarf bearing the words "President of the Red Army" and "Indigent Lavallassien" was wrapped around his arm. His eyes had been torn out, an ear had been cut off, and his stomach was split open. Two days before, a group of soldiers and attaches had taken him into custody from his home in Martissant, Port-au-Prince. Apparently, while he was detained, they had blinded, beaten and knifed him, and then had shot him to death.23
219. At end-April, there was a change in President Clinton's policy, when 411 refugees intercepted four miles from the coast of Florida were admitted to United States territory. However, it was not until May 8 that
23. Report of Amnesty International, "Between the sword and the wall: military repression or foreign invasion? August 1994, p. 18.
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President Clinton announced that the United States would not systematically return all refugees intercepted at sea, and a system was established for interviews to be conducted aboard ships of the United States fleet to determine if the Haitians qualified, as required by international law, for political refugee status. Interviews would be conducted by representatives of the United States Immigration and Naturalization Service, assisted and supervised by representatives of the United Nations High Commissioner for Refugees. Persons who did not qualify would be returned to Haiti. At the same time, the United States Government continued to ask Haitians to make their requests for political asylum in Haiti.
220. As part of the United States Government's change of policy, Democrat and former congressman William Gray was appointed Special Advisor and Secretary of State for Haitian Affairs, replacing Lawrence Pezzullo.
221. On the other hand, the United States Government began a campaign to ask other countries to accept Haitian refugees or allow interviews to be conducted on their territory. Members of the "Friends of Haiti" group, composed of Argentina, Canada, United States, France, and Venezuela, and countries of the Caribbean and Central America were solicited in this respect. The Turks and Caicos Islands announced they would receive some Haitians. The United States Government indicated it would pay the expenses that this would incur for governments which agreed to cooperate.
222. The new system of processing refugees was initiated on June 16, 1994 aboard the United States ship, "Comfort," in the bay of Kingston, Jamaica. The system adopted increased the possibility of acceptance of Haitian refugees much more than anticipated. Originally, the United States administration thought that approximately 5 percent of the persons intercepted would be sent to the United States. However, the real index was about 30 percent. Similarly, the procedure on board the United States ship, "Comfort," was much longer than foreseen, and intercepted Haitians who did not qualify to leave for the United States were not immediately returned to Haiti. This created the impression in
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Haiti that the number of persons who succeeded in obtaining political asylum was greater than it really was.
223. In a short space of time, the number of intercepted persons spiralled upward. On June 28, the United States Coast Guard intercepted 1,486 Haitians, and on the same day President Clinton announced that the Guantanamo military base would once again be used to process refugees. On July 4, 3,247 refugees were intercepted, and the number of Haitians intercepted in only 11 days thus rose to about 10,000. According to information from the State Department, between mid-June and July, 20,190 Haitians were intercepted.
224. A large number of Haitians went to the Dominican Republic, and in May it was estimated that half a million Haitians were residing there illegally after fleeing the difficult political and economic situation in Haiti. The tension created by the massive exodus led certain sectors to propose the creation of refugee camps for Haitians.
225. The military authorities in Haiti tried to control the departure of refugees, apparently in an effort to reduce the threat of an invasion. In May, ilegal de facto President Emile Jonaissaint announced that anyone trying to leave by boat would be imprisoned. Subsequently, numerous incidents were recorded of attacks, arrests, and torture by soldiers against persons who were trying to flee the country. During the night of May 16, soldiers surprised about 200 people who were trying to leave from Trou Chou Chou, Petit Goave; 50 of them were taken to prison. On May 22, a group of 30 persons who were preparing to board a boat were attacked by uniformed men in the Ti Guinee slum, Petit Goave.
226. In view of the enormous flow of refugees, on July 5, the United States Government announced that it would no longer consider persons intercepted at sea as candidates for political asylum in that country. Only persons who managed to obtain the status of political refugee in Haiti would be accepted on United States territory. Refugees intercepted at sea would be accommodated at Guantanamo military base or at other refugee camps, where they would stay until other countries accepted to receive them or until a final solution was found to the crisis.
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227. Since the Panamanian Government changed its mind about receiving 10,000 refugees who were to be installed on a deserted island (San Jos6), the United States Government made great efforts to find countries in the region that would accept to offer "safe havens" temporarily to Haitians. However, 13 Caribbean Heads of State meeting in Barbados declared their opposition to the United States proposal to set up camps in the region to receive refugees.
228. The massive exodus of Haitians was the cause of a large number of deaths. On June 30, about 30 persons died by drowning when shots were fired from a police boat on a boatload of refugees, causing panic on board. On July 4, about 150 Haitians died when a boat carrying 320 persons sank near the coast of Saint Marc.
229. On July 20, President Clinton's administration announced that the number of boat people had declined dramatically. Of the 16,000 refugees who had been accommodated at Guantanamo military base, 2,000 preferred to return to Haiti.
230. A problem which arose after the imposition of the total embargo and the suspension of flights to Haiti was the impossibility of leaving the country for those persons who had submitted to the process of selection in Haiti to obtain asylum in the United States. On August 18, the spokesperson for the American Embassy in Haiti declared that 894 persons who had completed the required procedures could not leave the country. Up to end-August, the United States Government managed to obtain permission from the de facto authorities for 91 persons to leave Haiti in a bus that took them to the Dominican Republic. Subsequently, the de facto authorities accepted the departure of two buses per week.
231. The situation of the refugees accommodated at Guantanamo was becoming increasingly tense. On August 13, hundreds of refugees tried to flee following four hours of protests. The demonstration was called to demand that political asylum in the United States be granted or that the United States invade Haiti to end the crisis. The Haitians also demanded better living conditions in refugee camps.
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232. Of the 16,000 Haitians accommodated at these installations, more than 750 participated in the disturbances. About 120 managed to scale the fence around the United States base and plunged into the bay, apparently hoping to swim to another place on the island of Cuba. During the demonstration, 65 persons were wounded, including 20 United States soldiers. After the incident, about 329 refugees involved in it were isolated in another location at the bay.
233. The future of the Haitian refugees became more uncertain since, with the decline in the number of intercepted persons, the problem became less urgent for the United States authorities, and the idea of establishing refugee camps in other countries came to be considered as too expensive and not very practical. In early-August, the massive exodus of Cuban refugees toward Florida led the United States Government also to accommodate at the Guantanamo military base all the Cubans who were intercepted at sea.
234. At end-August, the search for "safe havens" for the Haitian refugees was linked to the search for havens for the Cubans also. On August 24, the United States Government announced that Suriname, Saint Lucia, and Dominica had agreed to receive Haitian refugees. Honduras had previously accepted a few Haitians.
235. Following the occupation of Haiti by the Multinational Force, the Haitian refugees accommodated at Guantanamo began to return to Haiti. Within a few weeks, about 3,000 Haitians were repatriated. This time, the refugees returned voluntarily; most of them were tired of living conditions at Guantanamo. However, some stated that they had agreed to return after being informed that everyone would be repatriated.
236. Among the refugees who returned, 1,000 were recruited for the new Haitian police unit called the "Public Security Corps." Recruits received three weeks of training at the Guantanamo base itself. In mid-October, the United States authorities indicated that about 10,332 refugees remained at Guantanamo and that by end-November, all would have returned to Haiti.
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237. In early January 1995, Haitian refugees still in the Guantanamo refugee camp began to be repatriated against their will.
238. The international community's reaction to the problem of the massive flow of refugees in the wake of the military coup in Haiti was characterized by lack of coordination. In general, throughout most of the period during which the crisis lasted the countries affected by the exodus were obligated to struggle with the problem individually according to their political and economic capabilities. At no time, except toward the end, when the United States was compelled to seek the support of other countries to take in refugees intercepted at sea, were any attempts made to coordinate the policy toward the Haitians in order to lighten the burden of the countries most affected by the problem. Consequently, countries such as The Bahamas had their public assistance services overwhelmed by the massive influx of refugees. This situation caused serious human rights problems, with a large number of persons being interned in refugee camps lacking the minimum infrastructure to properly house them.
239. The Commission would like to observe that the member countries of the Organization of American States have an obligation, whenever a major crisis such as the present one occurs in the hemisphery to confront the resulting problems jointly. The refugee question gave rise to grave human rights problems that demanded positive action from all States subject to the obligations enshrined in the Chart of the Organization of American States, the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.
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CHAPTER V: THE RETURN OF THE DEMOCRATIC REGIME TO HAITI
1. Reinstallation of the Democratic Regime
240. On October 15, President Jean-Bertrand Aristide returned to Haiti and resumed his administration after a three-year exile. Upon his arrival at the National Palace, he gave a speech to a crowd of cheering well wishers in which he thanked the foreign forces for their assistance, and asked that an end be put to violence, saying: "Vengeance, no; Violence, no; Reconciliation, yes."
241. On that same date, the United Nations Security Council confirmed resolution 944/94 of September 29, lifting the economic embargo and other coercive measures imposed by the UN. The OAS likewise lifted the sanctions it had imposed since October 11.
242. A few days after his reinstallation, President Aristide took important steps to rebuild his country: The Haitian Senate approved a draft law to dismantle the paramilitary groups, banning them and any armed forces not provided for in the Constitution.
243. On October 24, President Aristide appointed as Prime Minister Mr. Smarck Michel, a businessman and close supporter, who was minister of trade and industry in the Aristide administration in 1991. In his general policy statement to the Haitian Parliament, Mr. Michel said that the three principles of the government would be "democracy, justice and tolerance."
244. As part of his political program, President Aristide met with leaders of all political parties in the country to discuss the schedule for the legislative elections in December. Although initially President Aristide had favored the establishment of a Provisional Electoral Council, most of the leaders at the meeting supported a Permanent Electoral Council. However, establishing a Permanent Council would require postponing the elections until the laws required by the Constitution had been enacted.
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In a compromise effort, it was decided to designate a Provisional Electoral Council to organize the legislative elections in 1995.
245. Accordingly, the Provisional Electoral Council was established on December 20, with nine members, three selected by the President, three by the Supreme Court (Tribunal de Cassation) and three by the Parliament.
246. In late December, the OAS Secretary General, Dr. C6sar Gaviria, submitted to the Haitian Government an OAS proposal to provide immediate support to the government, including immediate as well as short and mid-term cooperation measures to provide support in the following areas: governance, human rights, elections; and institutional building, and strengthening of democracy.
2. The Human Rights Situation Under the Regime of President Aristide
247. Once President Jean-Bertrand Aristide had returned, a process of fundamental changes began in Haiti, especially in relation to the human rights situation. Nine days after the democratic government had been reinstated, the Commission carried out an observation visit to Haiti and was able to note an especially significant change, contrasting with the situation observed on the previous visit in May 1994. The departure of the dictatorial regime put an end to the climate of terror and violations that existed in Haiti. In Port-au-Prince and in some of the major urban areas, people now enjoy the freedom to express their support for the constitutional regime. The freedoms of expression, of the press, and of association have been restored. The Commission also observed a resumption of political activity in many areas of the country.
248. Despite the significant changes seen during the Commission's visit, on October 24-27, it was clear that there remained serious problems inherited from the military dictatorship. One of the most difficult tasks of the transition to a civilian society with a constitutional culture is the disarmament of paramilitary groups. During the military dictatorship, paramilitary groups were armed; they were responsible for numerous
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violations of human rights. In the weeks prior to the arrival of the Multinational Force, the military dictatorship had publicly declared its intention to distribute arms to irregular forces. To date, the Multinational Force has confiscated what seems to be a relatively small quantity of arms, and there are reports of arms caches that have not yet been located.
249. According to information provided to the Commission, the Multinational Force destroyed the Haitian Army's heavy artillery that was used in the 1991 coup d'etat. However, the arms and apparatus of the dictatorship remain critical factors in some areas of the country where the Multinational Force had not yet established its presence. During its last visit, October 1994, the Commission obtained evidence of the existence of a state of insecurity in the areas of Artibonite, Jacmel, Petit Goave, and Desdunes, to mention only a few examples. One of the signs of insecurity is "marronage," as well as the continued displacement of persons. In some Departements, section chiefs continue to function although they had been involved in human rights violations.
250. Persons who met with the Commission during the on-site visit, who represented a wide range of positions and opinions, agreed that the disarmament of paramilitary groups was an essential step and a prerequisite for the restoration of a civilian society based on the rule of law.
251. Two of the most serious problems in Haiti are the lack of a legitimate police force and the absence of an adequate and efficient judicial system. The Commission pointed out at the time that: "Public order relies on the presence of the Multinational Force (MNF). Although the moderation and civility demonstrated by the Haitian people thus far have been extraordinary, the MNF, on occasion, has found itself drawn into a police function for serious and urgent situations. There has also been an anomalous situation in which known Attaches and Macoutes have been apprehended by the MNF and turned over to the Haitian police, who have released them. As a result, the system has not yet been able to begin to deal with those who might have been implicated in international crimes and crimes against humanity".
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252. During its stay in Haiti, the Commission listened with satisfaction to the plans for the creation of a Police Academy as a means of training professional cadres. However, it noted that there was immediate need for a police force and a judicial system operating independently and efficiently. It was therefore essential, apart from the undertakings to build permanent institutions such as the establishment of a neutral police force, to deploy a provisional force immediately. Such a force should have legitimacy and satisfy the needs of the people in regard to public order. The Commission also pointed out that the Haitian Government should apply the strictest criteria when selecting police officers, it being understood that in a constitutional system the police should come under the orders of the civilian authority.
253. By late December, the Interim Public Security Forces trained by the International Criminal Investigation Training Assistance Program (ICITAP), under a bilateral agreement between Haiti and the United States, selected approximately 3,000 men.
254. The personnel was selected from the FADH by a Haitian committee composed of four colonels and headed by the new Commander-in-Chief of the Armed Forces, General Bernardin Poisson. The classification process was questioned by some people's organizations, such as "Justice and Peace" (Justice et Paix) in Gonaives, which claim that known, human rights violators have been accepted. On the other hand, there has been criticism that rejected military personnel have not been given the possibility to defend themselves.
255. President Aristide has placed the Public Security Forces under the command of a three-member commission, headed by Major Dany Toussaint, which is under the Ministry of Justice. The Interim Forces have been deployed in ten cities, in addition to Port-au-Prince, and have visited over 120 localities. However, they have not been deployed in some areas of the north and southwest. The Law on the creation of a Civil Police was adopted later on December 23, 1994.
256. Similarly, despite the fact that a start was being made to implement plans for restructuring the judicial branch, there was an urgent need to
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have training programs for establishing a provisional judicial system, in this way placing emphasis on human rights, the integrity of persons, and support for constitutional government and justice.
257. The Commission considers it necessary to know exactly what happened during the military dictatorship and, in particular, to relate in detail the human rights violations to which the Haitian people were subjected, so that Haiti can reconstruct its society and its government. The Inter-American Commission on Human Rights and the Inter-American Court on Human Rights have argued that in cases of human rights violations, the government has the obligation to investigate, establish liabilities, and publish its conclusions. The absence of juridical procedures to carry out this task not only represents a violation of the American Convention on Human Rights, but is also a serious obstacle to the healing of the society's wounds, through truth and reconciliation. There are many models, both national and international, for complying with this obligation, but the Commission does not suggest any particular one. The Commission reiterates, however, that the investigation of human rights violations is a responsibility that can never be given up.
258. The Commission hopes that the Haitian Government will take steps rapidly to establish, by law, a National Committee on Compensation, made up of eminent Haitian jurists, to receive complaints from Haitians who were subjected to human rights violations. Complaints were received that some subjects involved or closely associated with the army illegally seized items of private property, whereas the right to property is also protected by the American Convention on Human Rights. It is necessary to hear the complaints as soon as possible and establish the compensation to which those acts give rise. Any new committee, like the judicial system that is being established, should use Creole as its working language.
259. On November 22, 1994, the OAS/UN International Civilian Mission published a communique" announcing that it had resumed its activities as of October 26 and pointing out that in less than one month, 800 persons had presented themselves to the Mission to provide their testimonies on human rights violations or to request medical or legal assistance. The
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Mission indicated that the information received made it clear that the human rights situation had improved considerably, and numerous persons displaced within the country who had been forced by the repression and the climate of insecurity to abandon their homes were gradually returning to them. The sectors that suffered from the coup d'6tat were appealing for lawsuits to be brought against the perpetrators of human rights violations.
260. The Civilian Mission also indicated that in spite of the presence of the Multinational Force, a certain level of political violence had prevailed until end-October 1994. Without having totally ceased, violent incidents had declined since then. The Mission also collected testimonies on acts of violence committed by partisans of the President of the Republic against members of the Haitian Armed Forces, FRAPH, and auxiliaries, particularly during the week following the President's return. Cases of arson, looting, and destruction of homes and shops were also reported to the Mission. The constitutional authorities reacted rapidly to these acts by denouncing them, taking the measures required by the circumstances, and recommending reconciliation.
261. The IACHR was informed about recent human rights violations, including the murder of four persons in Carrefour Rocher, Chenot, a municipal section of Marchand Dessalines, on October 9, 1994. Human rights groups pointed out that the "section chief" Paul Onondieu opened fire on pro-Aristide demonstrators, wounding several persons, who were then finished off with machetes. The Commission was likewise informed of the subsequent killing of an "attache" in vengeance for the above incident.
262. Later, three civilians and two Haitian soldiers were killed in a confrontation on October 1 2 in Montagne Terrible, a municipal section of Saut d'Eau. It was reported that the two soldiers, who were from Saut d'Eau, Semelis Louisant and Jean-Colin Antenor, arrested several Aristide supporters when a hostile crowd confronted them. The soldiers were killed by the crowd after they opened fire and wounded two persons, known as Ti Bien and San Fanmi.
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263. On October 15, some Haitian soldiers in Anse d'Hainault under the orders of Lieutenant Lorn fired on pro-Aristide demonstrators, killing Brunache Klarenase, a 15-year-old. Likewise, Lieutenant Pierre Joseph Mesadieu, the army post commander in Cabaret, opened fire on a crowd of pro-Aristide demonstrators on October 15, killing Jean Smith, 22, and wounding a 1 5-year-old youth.
264. The Second Deputy Mayor of Mirebalais, Cadet Damzal, was killed during the night of November 4. His decapitated body was found the following day in a river on the outskirts of the town. To date, despite investigations by the Multinational Force, responsibility for this murder has not been determined. Cadet Damzal represented the FNCD, a pro-Aristide electoral coalition, and he recently had been helping victims of abuse to bring suit and obtain compensation.
265. Recent information shows that in Port-au-Prince, there is one murder almost daily. Unidentified groups are obtaining goods and money by extortion from local merchants, while other criminal groups erect roadblocks to stop vehicles and rob the passengers.
266. In the interior of the country, there are one or two victims of common violence daily. In some departments, continuous abuses by the section chiefs are reported, and there are bands of former "attaches" or FRAPH members, which are particularly active in the Artibonite region. Old land disputes are also the cause of violence.
267. Until the January 12, 1955 incident in which two members of the United States Special Forces were attacked at a roadblock in Gonaives, with one of them and one of aggressors killed, there have been virtually no incidents against international personnel since September 24, 1994, the date of the confrontation between the Multinational Force and the FADH in Cap Haitien.
268. The Report of United Nations Secretary General Boutros Ghali of January 17, 1995 points out that "the relative security now enjoyed by the Haitian people is very fragile," and regarding the acts of violence recorded in Haiti, he states the following:
"Although there is no evidence that these criminal acts are politically motivated, they are often committed by groups armed with high caliber weapons, including automatic weapons, which indicates a probable link with the old paramilitary networks. Whatever their motivation, these acts of violence affect security and might have a destabilizing effect if they are not controlled."24
3. The Justicial System
269. One of the most serious problems inherited by the constitutional government of Haiti from the military dictatorship is the judiciary. The chronic incapacity and ineffectiveness of the administration of justice worsened during the three years of the illegal government of military leaders who overthrew President Jean-Bertrand Aristide in 1991. This period was characterized by systematic repression and domination of the members of the judiciary.
270. Among the priority objectives of the democratic government, supported by the international community, is reestablishment of social and public order; and in order to achieve genuine protection of the rights of citizens, the judiciary must be overhauled as soon as possible, to ensure that those guilty of criminal acts are brought to justice.
271. The Commission has continuously monitored the human rights situation in Haiti and has found that among the rights violated in the country, the right to a fair trial and due process are of primary importance, since the victims of the violations described in the previous chapter could not find a judicial organ that would protect their rights. In this way, the military and their auxiliaries violently oppressed the people with complete impunity.
272. While the Haitian Constitution and some laws provided for respect for individual rights, actual practice has been another matter. A number
24 Report of the Secretary General on the Question Concerning Haiti. Doc. S/1995/46, January 17, 1995.
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of obstacles, both economic and political, prevented the judicial system from meting out impartial and equal justice. The lack of independence of the judiciary and the military's control over judges, their presence in the courts, and their constant intervention in judicial processes constituted continuous pressure, preventing any initiative of the courts against members of the armed forces, paramilitary groups or other supporters of the illegal de facto regime.
273. Often judges refused to initiate preliminary investigations into cases out of fear of reprisals by the military, who threatened them and their families with death or with removal from their posts. Some judges were murdered, and others were detained or beaten, which caused members of the judiciary to go into hiding ("marronage"). In the rare cases where judges ordered an investigation or the arrest of a suspect, the military or the police simply took no action. Instead, they threatened the victims's families to discourage them from having recourse to law.
274. The problem of the lack of an effective judicial system is closely related to the lack of an independent police system that inspires confidence in the people and enforces the decisions of the judiciary. Since the 1991 coup d'etat, the judiciary was directed by the military, who installed most of the justices of the peace, judicial officers, including administrative staff, and quasi-judicial personnel such as the section chiefs. More specificially, the section chiefs, who operated at the community level in rural areas (where 75% of the Haitian people live), took upon themselves powers far beyond their mandates and virtually established their own local government system, performing the functions of the police, the public prosecutor's office, and the courts, and collecting illegal taxes from the people.
275. Another factor adding to the malfunction of the justice system is the economic problem. The lack of material and financial resources helped to impede the exercise of justice since most of the courts do not have basic supplies for their work, such as legal texts, file paper, telephones, etc. Moreover, the low salaries of judges and justice officials explains the magnitude of the corruption problem in the judicial system.
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276. Another problem in the judiciary is that justice is not administered in a juridical manner. This is due to the fact that most of the judges and judicial officials have not received legal training, and have been appointed on the basis of political or social standing. This explains why the Haitian judicial system is compared to a market where everything is for sale and everything can be bought. People must pay to avoid being sent to or to get out of prison, and even to send someone to prison and make sure he stays there.
277. The absence of professionalism in selecting and training members of the judiciary, together with the corruption prevailing in the system causes both improper enforcement of the law and application of the law in violation of the Haitian constitution. The number of judges who still respect professional ethics do so at the risk of the consequences they must face.
278. In the present situation, there is no court that inspires confidence in the Haitian people that their civil or penal disputes can be settled. The judiciary's lack of credibility sometimes caused the Haitian people to take justice into their own hands. However, such actions were violently repressed by the armed forces.
279. With the return of the democratic government, plans and programs have been initiated to reorganize the judiciary. However, there is an urgent need for training programs to set up a provisional judiciary to deal with the people's current problems while the judiciary is being reformed and a new police force in the service of the law is being established.
280. The Inter-American Commission on Human Rights considers that genuine reform of the judicial system requires emphasizing the legal and moral character of the members of the judiciary, their commitment to human rights and their support of the democratic regime. Financial support from the international community is essential to achieve this important task, and the United States, France and Canada, as well as the UN and the OAS have expressed interest in helping to rebuild Haiti's legal institutions.
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4. The situation in the prisons
281. One of the activities for the defense and promotion of human rights carried out by the Commission is the observation of such rights in penitentiary centers. During all of the visits made by the Commission in Haiti following the coup d'etat, it inspected the situation in the prisons and the legal status of prisoners, except for during the visit of May 1994, when the military leaders did not authorize entry into any detention center.
282. During these visits, the Commission observed that the procedures and conditions of detention violated the norms stipulated in both domestic and international law. Although there are 15 prisons in Haiti, many detainees were held at military barracks or posts throughout their incarceration. In its report covering 1993, the Commission indicated: "Numerous persons are illegally detained and held for long periods of time, in some cases up to two years. Conditions of imprisonment in the prisons, which are administered by the Armed Forces of Haiti, remain bad. Commission members who visited some of the prisons observed overcrowding and signs of malnutrition among some of the prisoners. They also heard of prisoners being subjected to mistreatment and beatings by prison guards."25
283. During its on-site visit in October 1994, the Commission visited the National Penitentiary Center in Port-au-Prince and traveled to the prisons in the towns of Saint Marc and Gonaives, where they met with officials in charge of the detention centers in question and spoke privately with prisoners. It requested direct information on the juridical situation and the hygiene and nutrition conditions for detainees, as well as on prison conditions in general.
284. In the three detention centers inspected on October 25, 1994, the Commission observed that the Multinational Force was in control of the prisons. However, Haitian Army officials were in charge of the prisoners.
Doc. OEA/Ser.L/V/ll.85, doc. 9, rev. of February 11, 1994, p. 69.
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A. National Penitentiary Center
285. The IACHR delegation which visited the National Penitentiary Center in Port-au-Prince met with Major Serge Justafort, an official of that prison, who stated that about 186 prisoners were there at the time, only 28 percent of whom had been sentenced. He indicated that on October 1 5, with President Aristide's arrival, there was a mass escape from the Central Penitentiary, when about 300 prisoners managed to flee. Justafort pointed out that most of the offenders were sent by the Anti-Gang (Investigation Service) [Brigade] and that prisons came under the authority of the "Grand Quartier G6n6ral" [Military Headquarters].
286. The Commission was able to verify that there was no separation between prisoners who had been sentenced and those who were in preventive detention. As for prisoners who were minors, Major Justafort stated they were picked up by the social system. However, during the visit, the Commission met a boy who said he was 14 years old and had been imprisoned since the age of 12.
287. Major Justafort explained that the budget was not adequate to feed the prisoners, nor did it manage to cover health expenses, which was why the prisoners did not receive medical assistance. He added that staff in charge of the prison changed constantly, and this caused instability in prison administration.
288. The Commission asked about disciplinary measures in the prison and was told that the measure most widely used was that of keeping the prisoners in their cells for the whole day and suspending visits. In extreme cases, they were taken to an isolated cell.
289. The Commission met with three groups of prisoners: women, soldiers, and common offenders. The three groups were accommodated in an old building in insanitary conditions and separated in different sections. The offenders in the three groups all complained about the following: 1) the lack of food, since they were fed only once a day, and they pointed out that the guards often stole the food that family members brought for the prisoners; 2) the lack of hygiene, since the only source of
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water was a tank located on the patio, which was used for drinking, bathing, and washing clothes; 3) the lack of medical assistance was also a motive for general complaint; and 4) everyone complained about the fact that they could not see their family members since, because of the breakout that occurred on October 15, 1994, visits had been suspended.
290. About 90 percent of the prisoners stated they had not been sentenced. Many of them had been arrested six months earlier and some had done up to 22 months without a judicial decision having been taken. The military prisoners stated they had been accused of desertion, indiscipline, or political crimes and were requesting a presidential pardon for all of them.
B. Prisons at GonaTves and Saint Marc
291. With respect to the prisons at GonaTves and Saint Marc, the Commission noted the prisoners' overcrowded situation in insanitary, poorly ventilated cells and a total lack of hygienic services. The prisoners' ages ranged from 1 6 to 63, and there were generally more than 25 prisoners to a tiny cell.
292. The Commission was informed by the offenders themselves that they received no food whatever from the prison authorities. Some complained they had not eaten for several days. A number of them showed their emaciated bodies, while others stated that their family members brought them food, which they sometimes shared with others who had nothing to eat. Drinking water was a scarce resource.
293. The prisoners did not have access to any medical service. The Commission spoke with a young man who showed his infected hand and with two others lying on the ground, who affirmed they had been sick for three days and had not received any medical treatment. The IACHR President asked the commander of the prison to ensure that the sick persons were examined and taken to hospital. A request was also made to remedy the lack of food for the prisoners.
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294. On the other hand, the Commission noted that family members were permitted to visit, and there was no evidence that women and men were detained in the same prison quarters.
295. Upon the Commission's arrival in Haiti, it was informed that various prisons in the country had been opened or that prisoners had escaped a week before the restoration of the democratic regime. At the time of its visit to the detention centers, the Commission verified that prisoners had been arrested October 1 5-25 for common-law offenses. Up to that date, they had not been taken before a judge.
C. Prisoners detained by the Multinational Force
296. During the on-site visit in October, the Commission was informed of the existence of numerous prisoners detained by the Multinational Force in the days preceding the occupation in Haiti. The Commission met with military officials of this institution, who indicated that, at the beginning, 1 50 persons had been arrested; many of them had been freed after their cases were investigated, and others had been handed over to the local authorities. At that time, there were only 37 prisoners at a Center of detention situated near the airport.
297. The Commission was informed that the policy of the Multinational Force was not to intervene as a police force in internal Haitian affairs, except in those cases that represented a threat to the Multinational Force, or when a serious crime had been committed under Haitian law. To that end, the peacetime rules of engagement (ROE), which went into force on September 21, 1994, during the civilian-military operation in Haiti, stipulate the following, among others:26
- Use all necessary force, up to and including deadly force, to defend us forces, us citizens, or designated foreign nationals against an attack or threat of imminent attack. When deadly
26 Peacetime Rules of Engagement (ROE) in effect during Civil Military Operations in Haiti.
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force is employed, engage targets with observed, deliberately aimed fire.
- Civilians may be stopped if they appear to be a threat to us forces, protected persons, key facilities, or property designated mission-essential by CJTF 180. If determined to be a threat, they may be further detained, if not, they will be released.
- Persons observed committing serious criminal acts will be detained using minimal force necessary up to and including deadly force. Serious criminal acts include homicide, aggravated assault, rape, arson and robbery. Non-lethal force is authorized to detain persons observed committing burglary or larceny. Release persons suspected of serious criminal acts to haitian law enforcement officials/other appropriate authorities as soon as possible.
298. Regarding the conditions of inmates, attorneys of the Multinational Force told the Commission that, in such cases, the international principles of humanitarian law in the Geneva Conventions apply. Visits of families and attorneys are allowed, as are visits of the International Committee of the Red Cross. This was corroborated by various sources, including families of some inmates.
299. Finally, the Commission was informed that detainees would be handed over to the Haitian judicial authorities, once the justice system was in a position to take adequate and efficient action.
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CONCLUSIONS AND RECOMMENDATIONS
300. Based on the account of the development of the political and human rights situation in Haiti in 1994, the Inter-American Commission on Human Rights offers the following conclusions and recommendations.
301. The deterioration in the human rights situation in the first eight months covered by this report (January-August) had a devastating impact on the Haitian people as a result of the violence against them by the military dictatorship.
302. Subsequently, with the change in the political situation resulting from the military occupation of Haiti by the Multinational Force, pursuant to UN Security Council Resolution 940, enabling constitutional President Jean- Bertrand Aristide to be reinstated, the Commission notes the beginning of fundamental changes, especially in the human rights situation. The departure of the dictatorial regime put an end to the general climate of terror and human rights violations that prevailed in Haiti, and enabled political activities to resume in many areas of the country and substantial freedom of the press to be reinstituted. However, the Commission is aware that serious problems inherited from the military regime remain for the constitutional government to deal with as soon as possible to keep them from endangering the newly formed democracy.
303. The systematic oppression during the military regime was designed to wipe out any kind of organized activity, freedom of speech and of assembly, and any activity in support of the democratic regime. Cases of arbitrary arrest, beatings, illegal raids, confiscation and burning of property, forced disappearances and torture increased during the year covered by this report, compelling the victims and their families to abandon their homes and go into hiding, thereby trampling on the rights of the children. The continuing flight of the people inhibited their ability to organize, thereby weakening the political, social and economic structures that might have threatened the illegal de facto regime. As a consequence of this oppression, the guarantees set forth in articles 4, 5,
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7, 8, 13, 15, 21 and 25 of the American Convention on Human Rights, of which Haiti has been a party since 1977, were violated.
304. In early January 1994, the military regime applied new oppressive methods, which were particularly effective in terrorizing the people, including rape of women for their militancy and or their association with militant family members favoring the return of President Aristide. In Haiti, those rapes were an instrument of repression for political purposes. The intent of those responsible was to destroy any democratic movement through the terror created by those sexual crimes. The Commission considers that this kind of rape constitutes a form of torture within the meaning of article 5 (2) of the American Convention.
305. Massacres against rural populations, under the guise of putting down rebel groups, and the appearance in the streets of Port-au-Prince of badly disfigured and mutilated corpses, were also used as an instrument of oppression and political intimidation. The Commission noted that the right to life set forth in Article 4 of the American Convention was one of the rights most commonly violated, reaching such a level of extreme cruelty that entire towns were surrounded by the military and the people were murdered indiscriminately.
306. Currently, disarming the people is one the most serious problems confronted by the constitutional government of Haiti. Widespread possession of weapons endangers the stability of the new regime and prevents the establishment of the rule of law. In this regard, the Commission considers that specific measures should be taken immediately to disarm the people completely. Although the Multinational Force purchased and confiscated around 19,000 weapons, the weapons and the apparatus of the dictatorship have not been completely replaced in some areas of the country. They continue to be the cause of insecurity and fear in the people, particularly in those areas not reached by the Multinational Force.
307. The Commission is aware of the difficulties in completely disarming the people, but it considers that the Haitian Government, and the Multinational Force should redouble their efforts and continue searching
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for hidden weapons still in the possession of the section chiefs, the "attaches," "macoutes" or FRAPH members that enable them to continue to stir up violence. Moreover, the constitutional government should implement a strict control program on the possession of weapons, which is permitted under the Constitution so long as they are registered with the police. With new registration, existing permits would be canceled and only those issued by the new police would be accepted.
308. The colaboration of the Haitian Armed Forces with the Multinational Force has in some cases created an atmosphere of distrust and suspicion among the people. For example, the fact that complaints and information on weapons possession or hiding places provided to the Multinational Force is checked by the Haitian military casts doubt on the effectiveness of the disarmament process. Moreover, the detention by the Multinational Force of known "attaches" or "macoutes", who are then turned over to the police, who in turn releases them, results in a prevailing sense of insecurity so that "marronage" (going into hiding) persists.
309. The Commission notes with satisfaction that the necessary steps are being taken to set up a new police service under the civilian control of the Ministry of Justice, and that there are plans to establish a Police Academy to train members of an independent and efficient police service. However, it is essential for the Haitian Government to apply criteria in selecting police personnel which ensure that persons with records of human rights violations are not selected. In making these selections, it would also be important to have the assistance of the OAS/UN Civilian Mission, which has a vast amount of information on the human rights violations that occurred during the dictatorship.
310. The Commission is convinced that to achieve genuine human rights protection for the Haitian people and to ensure that perpetrators of criminal acts are brought to justice, the judicial system will have to be substantially reformed as soon as possible. While plans and programs have been initiated to reorganize the judiciary, it is urgently necessary to implement training programs to ensure that there is in place a judicial system that will be able to deal with the people's present problems.
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311. The problem of the lack of an effective judicial system is closely linked with the absence of a police force that can gain the people's confidence and maintain law and order. Starting with the 1991 coup d'�tat, the judiciary has been dominated by the military which installed a majority of the justices of peace and judicial officials, including administrative and quasi-judicial staff, such as the section chiefs. Many of these people continue in their posts despite having been involved in human rights violations. This has deeply affected the morale of the people who do not dare to report or testify about crimes for fear of encountering officials who supported the military dictatorship.
312. The Commission considers that to achieve genuine reform of the judicial system, the focus must be on persons possessing the necessary competence, moral character and impartiality. It is essential for the international community to make every effort to provide human and material resources to achieve this important goal. The Commission is pleased that countries such as the United States, France, and Canada, along with the UN and the OAS, have demonstrated their interest in helping to rebuild Haiti's legal institutions.
313. In respect of the situation in the detention centers, the Commission found that the prison system inherited by the constitutional government is in crisis. The National Penitentiary should be shut down because it is far below minimum international standards. The government should invite international prison system experts to convert one of the military camps into a model national prison. Such camps will no longer be necessary with the planned reduction in the armed forces.
314. The Commission notes with satisfaction the democratic government's plans to transfer jurisdiction of the prisons from military to civilian control. However, it wishes to point out that the most urgent problems of the prison system should be addressed immediately. These are: insufficient food and lack of medical care, and the absence of judicial process for inmates. The Commission considers it necessary to establish a special commission, under the Justice Ministry, to review the situation of inmates immediately. International aid will be required and
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the Commission urges the international community to provide assistance in this activity also.
315. The institutionalized practice of unpunished violence resulting form the domination of the military over the administration of justice prevented victims of human rights violations from enjoying their right to a fair trial. The Commission considers that the government has an inescapable duty to investigate and determine responsibility for human rights violations against the Haitian people during the three-year military dictatorship. The Commission notes with satisfaction the establishment of the Justice and Truth Commission by the Haitian Government and to expresses its confidence that this institution will carry out its tasks promptly and efficiently.
316. Reestablishment of the constitutional government in Haiti and economic aid programs by the international community have created a promising climate both inside and outside the country. In particular, great expectations have arisen among the Haitian people, who have long suffered from every kind of deprivation. The economic and social situation in Haiti is characterized by economic stagnation and widespread unemployment. Lack of basic public services such as water and electricity, plus insanitary conditions and malnutrition suffered by most Haitians, underscore the urgent need to provide financial assistance and technical cooperation from the international community to assist in the development of the country. Unfortunately, the delay in furnishing financial aid has made it impossible to meet these needs to improve the daily life of the poorest sectors of the country, which has generated frustration among them. It is crucial for the country's economic capacity to be bolstered as soon as possible by aid from the international community.
317. Pursuant to the duties assigned it by the OAS Charter and the American Convention on Human Rights, the Commission will continue its efforts to protect and promote human rights in Haiti, and it reaffirms its continued cooperation with the constitutional government of the Republic of Haiti.
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Page 21 ANNEX i
EXTRAJUDICIAL EXECUTIONS OR DEATHS IN SUSPICIOUS CIRCUMSTANCES REPORTED TO THE MISSION
(January 31 to June 30, 1994)
Feb. March April May June Total
Number of cases reported to the Mission 77 83 76 63 41 340
Number of cases confirmed 34 32 37 36 20 159
Place of the violation Port-au-Prince Cit6 Soleil 44 27 33 44 43 10 37 18 30 6 187 105
Total for Port-au-Prince (including Cite Soleil) 21 77 53 55 36 292
Interior of the country West Artibonite Center North South South-East 1 0 1 4 0 0 5 0 0 0 1 0 5 15 0 1 2 0 7 0 0 0 0 1 1 0 0 1 3 0 19 15 1 6 6 1
Total for interior of the country 6 6 23 8 5 48
Number of victims identified 34 20 44 36 20 154
Number of victims partially identified 9 7 3 1 3 23
Number of unidentified victims 34 56 29 26 18 163
Number of executions in which members of the Armed Forces, FRAPH, or civilian auxiliaries participated 22 13 26 13 4 78
Number of victims who were militants or alleged political militants 20 9 12 12 12 65
Number of militants executed by members of the Armed Forces, FRAPH, and/or civilian auxiliaries 14 4 3 5 2 28
Number of cases recorded in testimonies drawn ud bv a justice of the peace 19 17 26 20 6 88
Number of victims who were minors 5 7 3 6 2 23
Breakdown by sex Male Female 71 6 76 7 67 9 57 6 37 4 308 32
Source: OAS/UN International Civilian Mission, Research Department.
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A/48/532/Add.3 Spanish Page 22
ABDUCTIONS AND ENFORCED DISAPPEARANCES REPORTED TO THE MISSION
(January 31 to June 30, 1994)
Feb. 28 March April May June Total
Total cases reported 18 27 33 24 29 131 Abductions or disappearances for political
motives 16 24 18 15 23 96
Victims freed 6 9 11 6 10 42
Victims detained at a clandestine center 5 7 4 5 7 28
Victims whose corpses were recovered 2 3 6 2 3 16
Victims whose fate is unknown 10 15 16 16 16 73
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A/48/532/Add.3 Spanish Page 23
VIOLATIONS REPORTED TO THE MISSION
(January 31 to June 30, 1994)
Number of violations reported to the
Mission 24 14 9 22 5 76
Perpetrators of the violations
Members of the Armed Forces, FRAPH,
and/or civilian auxiliaries 5 5 4 12 3 29
Armed civilians and/or zenglendos 19 9 5 10 2 47
Number of victims alleged to be
political militants 9 6 6 15 3 40
Number of victims who were militants 6 2 1 3 1 14
Number of collective violations 5 2 3 12 3 25
Number of victims who were minors 5 3 0 3 0 11
Number of rapes followed by pregnancy 4 0 0 0 0 4 Place of violations
Port-au-Prince 24 12 8 13 4 63
Interior of the country (total) 0 2 1 9 1 13
Center 0 2 0 0 0 2
South 0 0 0 2 1 3
North 0 0 1 7 0 8
OAS/UN International Civilian Mission, Human Rights Division.
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PRESS COMMUNIQUE ANNEX ii
The Inter-American Commission on Human Rights (IACHR) of the Organization of American States considered the human rights situation in Haiti at its eighty-fifth session (from January 31 to February 11, 1994) and decided to carry out an on-site visit to that country.
The purpose of the visit is to continue to observe the human rights situation in Haiti and to evaluate the exercise of, and respect for, those rights in accordance with the American Convention on Human Rights, to which Haiti is a party, and to draw up any recommendations the Commission deems necessary.
The Commission will carry out its visit from May 16 to 20, 1994. The Special Delegation of the IACHR will consist of the following persons: Dr. Patrick Robinson, Prof. Claudio Grossman, and Ambassador John Donaldson, members of the Commission. The Delegation will be assisted by Dr. Edith Mcirquez Rodrfguez, Executive Secretary of the IACHR, Dr. Bertha Santoscoy-Noro, Human Rights Specialist (already in Haiti), Dr. Relinda Eddie, Dr. Isabel Ricupero, Mr. Serge Bellegarde of the Translation Office, and Ana Cecilia Adriazola, Secretary of the IACHR.
In the course of its mission the Delegation expects to meet with and obtain information from representatives of all sectors of Haitian society in order to gain more insight into the human rights situation in Haiti.
The Commission will stay at Hotel Villa Creole and be available to anyone who wishes to present individual denunciations of human rights violations, on Wednesday, May 18, from 2:00 p.m. to 4:00 p.m.
The Commission will end its visit with a press conference to be held at the Holiday Inn on May 20 at 10:30 a.m.
Port-au-Prince, May 11, 1994
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In the face of the worsening situation with regard to human rights in Haiti, the Inter-American Commission on Human Rights decided during its 84th session held in February 1994 to conduct an on-site visit to that country. That visit was conducted from May 16 through 20.
The delegation comprised the following persons: Patrick Robinson, Amb. John Donaldson, and Prof. Claudio Grossman, members of the Commission. It was assisted by Edith Marquez Rodriguez, Executive Secretary of the IACHR, Bertha Santoscoy, Relinda Eddie, and Isabel Ricupero, attorneys at the Commission; Serge Bellegarde, OAS interpreter, and Mrs. Ana Cecilia Adriazola, secretary of the delegation.
Today marks the conclusion of the visit of the lACHR's special delegation. That visit was conducted within the parameters of its competence as established in the American Convention on Human Rights to which Haiti is party.
During its stay in Haiti, the delegation met with Prime Minister Robert Malval and with Ministers Victor Benoit, Rosemont Pradel, Louis Dejoie II, Berthony Berry; with Amb. Colin Granderson, Director of the OAS/UN International Civilian Mission, and Mr. Tiebile' Drame, a member of that Mission; with papal nuncio Monsignor Lorenzo Baldisseri; with the President of the Chamber of Deputies, Frantz Robert Monde, and with the President of the Senate Firmin Jean Louis. The delegation also asked to meet with the Chief-in-Command of the Armed Forces of haiti, General Raoul Cedras, and members of the Chief of Staff as well as the Chief of Police, Lt. Col. Michel Frangois, but received no response to their request.
The delegation also met with the coordinator of the former Presidential Commission, Father Antoine Adrien; with representatives of nongovernmental organizations -grassroots organizations and human rights groups� and with leaders of several political parties to learn about the human rights situation in the country. It also interviewed representatives of the print and broadcast media from whom they heard testimony on the state of freedom of expression in Haiti. The IACHR delegation also met with representatives of the industrial sector and the churches.
Because they were unauthorized to do so, the delegation was unable to visit the penitentiary in Port-au-Prince. They were therefore unable to ascertain directly the condition of the prisons and the situation with regard to judicial process for prisoners.
During its stay, the delegation of the IACHR obtained considerable information and repeatedly heard testimony from victims of human rights violations.
The delegation was able to confirm the serious deterioration in the human rights situation in Haiti since its last visit in August 1993. The delegation has in its possession detailed and reliable information on numerous violations of the right to life, executions, and disappearances which have taken place in the past four months. It has documentation with the names and circumstances involving 133 cases of extrajudicial executions between February and May this year and more than 210 reports of these types of crimes.
The delegation also received information on severely mutilated bodies and had direct confirmation in one such case. Information received by the delegation indicates that the purpose of these acts is to terrorize the population.
In the face of the tragic scene of human corpses being eaten by animals the delegation endorses Prime Minister Malval's proposal to enlist the assistance of the international organizations in removing corpses given the inaction of those who are in power.
The delegation also received numerous reports of arbitrary detention, routinely accompanied by torture and brutal beating by agents of the Armed Forces of Haiti and paramilitary groups, especially members of the Revolutionary Front for Advancement and Progress in Haiti (FRAPH), who act in concert with the Armed Forces and Police. The delegation saw for themselves victims of torture and noted the circumstances under which such torture had taken place. It also received documentation on 55 cases of political kidnapping and disappearances during February and March. Since then, 20 people have been released and 11 have been found dead. To date, no information is available on the fate of the other 24 missing persons.
The delegation received strong evidence that in Port-au-Prince, armed paramilitary groups have raided neighborhoods, notably in Cite Soleil, Sarthe, Carrefour, Fonds Tamara, among others, murdering and pillaging residents who, for the most part, support the return of President Jean-Bertrand Aristide.
Reports received by the delegation point to an increase in the number and brutality of human rights violations by the Army, FRAPH, and other paramilitary groups working in tandem with the military (attaches) in the country's interior. They also heard testimony proving conclusively the liability of the army in massacres of defenseless groups of the population in Raboteau, Gonaives, Department of Artibonite, on March 22 last. There, between 15 and 20 residents were executed with no justification. Information the delegation also received leads to the conclusion
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that the army attacked defenseless groups of the population in the Departments of the Center (Saut d'Eau) and the North (Borgne).
These attacks bear similar traits: actual military campaigns where army units, assisted by FRAPH and other paramilitary groups, surround and burst into certain areas under the pretext of combatting subversive groups, indiscriminately beating residents and committing acts of arson, destruction and theft, followed by arbitrary detentions.
The delegation further observed that most of the violations reported follow a systematic pattern of repression, indicative of a political plan to intimidate and terrorize the people of Haiti, especially sectors that support President Aristide or that have expressed themselves to be in favor of democracy in Haiti. According to information received, victims are kidnapped, forced to get into vehicles and are taken blindfolded to clandestine places of detention where they are interrogated and tortured. Some victims have been released, others have succumbed as the result of severe beating
The delegation received reports of rape and sexual abuse against the wives and relatives of partisans of the democratic regime whose wives and children happen to be on the spot when they are being sought out. These wives and children are abused by the military, "attaches", or members of FRAPH, when they are unable to locate the partisans. Thus, sexual abuse is used as an instrument of repression and political persecution. Despite the reticence of the victims in reporting these crimes, the delegation received conclusive proof of 21 incidents of violations occurring from January to date. During its visit, the delegation met directly with 20 victims of this horrible practice. The international community has repeatedly recognized the universal character of women's rights as well as the fact that rape is one of the greatest crimes against them.
Given the seriousness of this crime, the Commission will give special importance to rape in the report it will submit to the upcoming session of the General Assembly of the Organization of American States.
In fulfillment of the functions assigned to it under the OAS Charter and the American Convention on Human Rights, the delegation observed the status of other rights, in addition to those mentioned above.
With respect to the right of assembly, the delegation has concluded that exercise of this right does not exist for those who support a return to democracy. When groups of individuals try to exercise this right they are arrested and brutally beaten by members of the military and police force, and accused of organizing
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meetings in support of President Jean-Bertrand Aristide. In a recent incident, 20 participants were arbitrarily arrested at a meeting for legal training organized by the diocese in Hinche, Department of the Center, on April 29, and accused of being terrorists.
The delegation wishes to express its concern with regard to exercise of the right to freedom of expression. Information received would confirm restrictions endured by representatives of the press and radio in Haiti. These have led to self-censorship of the media to the detriment of its functions of keeping the Haitian public informed. The delegation heard testimony of acts of intimidation and repression of journalists exercising their profession.
With regard to the problem of displaced persons (maroons) the delegation confirmed that political activists, community leaders and numerous opponents of the de facto authorities have had to live as fugitives in their own country, forced as they are to abandon home and family. The delegation received convincing information that the number of displaced persons continues to increase at an alarming rate and it therefore behoves the international community to take a direct interest in this situation.
The delegation received claims from Haitian nationals who have returned home that they have been subjected to persecution and violations of their right to physical and moral integrity. The Commission will open cases concerning these complaints.
One common trait that emerges from these violations reported to the delegation is the total ineffectuality of the judiciary or other mechanisms to prevent or punish human rights violations in Haiti. The result is outright impunity for the perpetrators of these violations.
The delegation wishes to note that as the body responsible for observing respect for human rights embodied in the American Convention on Human Rights, it cannot fail to mention the right to participate in government established in Article 23 of that Convention. The attempt to install a "government" without the vote of the people and in breach of the Haitian Constitution is a flagrant violation of the political rights of the people of Haiti.
The delegation wishes to note for the record the importance, seriousness and objectivity of the work and reports of the OAS/UN International Civilian Mission which it observed throughout its visit. The delegation expresses deep concern in the face of the acts of intimidation and aggression, on March 23 last, to which members of the Mission were subjected in the Hinche region (Central Plateau) by a number of demonstrators acting at the bidding of members of FRAPH. The delegation condemns
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the passive stance of the military authorities there in putting an end to these acts which once again are indicative of their open complicity with the members of FRAPH.
The delegation feels that given the seriousness of the prevailing situation in Haiti, the number of observers of the OAS/UN International Civilian Mission must be increased to more adequately cover the entire country.
In conclusion, the delegation notes that, based on its observations, the overall picture with regard to the human rights situation is one of a very serious deterioration in the most elementary human rights in Haiti �all part of a plan to intimidate and terrorize a defenseless people. The delegation holds those in de facto power in Haiti responsible for these violations. They have engaged in conduct that make them liable to be charged with international crimes, which give rise to individual liability.
The delegation will report on the outcome of this visit to the Twenty-fourth Regular Session of the OAS General Assembly, to be held in Belem, Para, in Brazil this coming June.
The delegation wishes to thank the various sectors and individuals in Haiti for their cooperation and assistance during their visit.
The Inter-American Commission on Human Rights will continue to observe the human rights situation in Haiti. It will conduct any visits it considers necessary, in exercise of its functions, and will keep the Organization of American States and the international community informed accordingly.
Port-au-Prince, May 20, 1994
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The Inter-American Commission on Human Rights reaffirms its profound concern pertaining to the flagrant and systematic human rights violations occurring in Haiti as a result of the increased repression carried out by the authorities who illegally hold power in that country.
The commission has conducted three visits and presented three special reports to the General Assembly of the OAS since the overthrow of the constitutional government of President Jean-Bertrand Aristide which was chosen in an internationally supervised and confirmed free and fair election. On the basis of its continuing examination of Haiti, most recently in May 16-20, 1994, the Commission has documented an appalling number of human rights violations that are directly related to the continuing unlawful exercise of power by the Haitian military and its appointees. The Commission confirmed during its last on site visit that the situation of human rights in Haiti had seriously deteriorated since its previous visit in August of 1993, and that there had been an escalation in the number and brutality of human rights violations committed by members of the military, paramilitary groups and police. The Commission also confirmed the total ineficiency of the judiciary or other mechanisms to prevent or punish human rights violations in Haiti. As a result, perpetrators of human rights violations act with outright impunity.
The Inter-American Commission on Human Rights also views with special concern the expulsion of the UN/OEA International Civil Mission from Haiti on July 11, 1994. Given the extremely grave situation of human rights in Haiti, the Commission notes the importance, seriousness, and objectivity of the work and reports of the OAS/UN Mission which permitted the protection of some persons and allowed the flow of information regarding human rights violations in Haiti. The facts and cases which the Mission has been able to collect and provide were important for the work of the Commission. The expulsion of the OAS/UN Mission deprives the Haitian people of a witness to the violations and the human rights institutions of a source of data which is indispensable for their work.
In the light of recent developments, the Inter-American Commission on Human Rights considers that it would be advisable to conduct a visit to Haiti as soon as possible so as to observe the human rights situation in accordance with the American Convention on Human Rights, to explore ways to end violations, and to develop alternative means of gathering information.
Washington, D.C., July 27, 1994
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The Inter-American Commission on Human Rights has been following, with ever-growing concern, the continuing deterioration of the human rights situation in Haiti. The armed forces, in effective control of the country, have continued to commit murders, forced disappearances, torture, sexual violations, illegal detentions and other types of violent acts against a defenseless people.
The situation has been further aggravated by the expulsion of the Civilian Mission, which provided a flow of information to the world community and by its mere presence acted as some restraint on the violence of the military. The coldblooded assassination of Father Jean-Maire Vincent this week is only the latest of this series of gross acts of violence which have been conducted with impunity.
The Commission intends to devote a part of its upcoming session in September, 1994 to a detailed examination of the situation in Haiti and the steps which it can take to contribute to the alleviation of the continuing pattern of violation of human rights there.
Washington, D.C., August 31, 1994
At its 87th session (September 19-30, 1994) the Inter-American Commission on Human Rights (IACHR) of the Organization of American States considered the human rights situation in Haiti and decided to accept the Government's invitation to visit the country.
The Commission will make the visit between October 24 and 27, 1994. The Commission's special delegation will consist of the following persons: Prof. Michael Reisman, Chairman of the IACHR; Dr. Patrick Robinson and Prof. Claudio Grossman, members of the Commission; Dr. Bertha Santoscoy-Noro, Human Rights Specialist, in charge of Haiti; and Drs. Relinda Eddie, Isabel Ricupero, and Meredith Caplan (already in Haiti).
The purpose of the visit is to continue to observe the human rights situation in Haiti, to assess the exercise of and respect for those rights in terms of the American Convention of Human Rights, to which Haiti is a party, and to make any recommendations the Commission deems necessary.
In the course of its mission, the delegation hopes to meet with representatives of all sectors of Haitian society so as to come to a better understanding of developments in the human rights situation in Haiti.
The Commission will be at the disposal of anyone wishing to lodge individual complaints of human rights violations on Tuesday, October 25, from 10 a.m. to 12 noon at the Hotel Villa Creole.
At the conclusion of its visit, on October 27 at 9 a.m., the Commission will hold a press conference at the Holiday Inn.
Port-au-Prince, October 19, 1994
At its 87th period of sessions, (19 to 30 September 1994), the Inter-American Commission on Human Rights accepted the invitation by Haiti's Constitutional Government to carry out an on-site visit to observe the human rights situation in the country. The on-site visit was conducted between October 24 and 27, 1994.
The Commission's special delegation was composed of Professor Michael Reisman, President of the Commission, Mr. Patrick Robinson, Professor Claudio Grossman, Members of the Commission, Doctor Bertha Santoscoy-Noro, Human Rights Specialist, in charge of Haiti, and Doctors Relinda Eddie, Meredith Caplan and Isabel Ricupero, staff attorneys. Serge Bellegarde served as translator. Gloria Hansen and Cecilia Adriazola provided secretarial and administrative support.
The IACHR special delegation's visit, which concludes today, was carried out in accordance with its mandate set forth in the American Convention on Human Rights, to which Haiti is a party.
During its visit in Haiti, the Commission met with the President of the Republic, Jean-Bertrand Aristide, to whom it expressed the Commission's profound satisfaction with the restoration of the democratic regime in the country. The Commission reiterated its interest in continued collaboration in all matters that fall within its mandate.
The Commission interviewed the Chief of the Armed Forces, General Jean-Claude Duperval about the changes that are being effected within the Armed Forces.
The Commission met with Ambassador Colin Granderson, head of the OAS/UN Civil Mission, and Mr. Tiebile Drome, and with the diplomatic representatives of the five Friends of Haiti: Argentina, Canada, The United States, France and Venezuela. Furthermore, the Commission met with members of the Parliament, with the coordinator of the former Presidential Commission, Father Antoine Adrien, and with the Mayor of Port-au-Prince, Mr. Evans Paul.
The Commission also met with representatives of human rights groups, grassroots organizations and leaders of political parties to collect information on the human rights situation in the country. The Commission interviewed representatives of the oral and written press, who expressed their opinion on the situation of freedom of press in Haiti. The Commission also met with representative of the International
Committee of the Red Cross, representatives of labor-unions, the Chamber of Commerce, the industrial sector and various churches.
The Commission visited the National Penitentiary Center in Port-au-Prince and went to the cities of Saint-Marc and Gonaives, where it met with victims of human rights violations which were committed during the military dictatorship. The Commission visited the prisons in both locations, to collect direct information on the legal situation, conditions of hygiene and nutrition of the prisoners, and on general prison conditions.
During its stay in Haiti, the Commission received information and numerous complaints from victims of human rights violations during the dictatorial regime.
Beginning on September 19, 1994, the date of the arrival of the Multinational Force (MNF), a process of fundamental change has commenced in Haiti. The change is especially dramatic in contrast with the situation observed by the Commission during its prior visit in May of this year. The termination of the dictatorial regime and the return of the constitutional President, Jean-Bertrand Aristide, are essential steps in the process of ending the general atmosphere of terror and human rights deprivations which prevailed in Haiti.
The President's return has initiated many other important changes. In Port-au-Prince and in some other important urban areas, the population is now free to express, its support for the constitutional regime. Freedoms of speech, of the press, and of association are reviving after their systematic suppression during the dictatorship. The Commission has observed a resumption of political activities in many parts of the country.
Despite the significant progress recorded in the country, serious problems, inherited from the military dictatorship, persist.
A critical challenge for the transition to a civil society with a constitutional culture, is disarming the paramilitary groups. During the military dictatorship, paramilitary groups were armed and were responsible for many violations of human rights. In the weeks leading up to the arrival of the Multinational Force, the military dictatorship stated publicly that it intended to distribute arms to irregular forces. Until now, the MNF has collected what appears to be a relatively small number of the arms at large and there are reports of arms caches that have not yet been identified.
The MNF destroyed the heavy weaponry of the Haitian military that had been used in the coup. Yet, the arms and the apparatus of the dictatorship continue to be critical factors in parts of the country, where the MNF has not yet established a
presence. The Commission has received evidence that a state of insecurity still prevails in parts of Artibonite, in Jacmel, in Petit-Goave and in Desdunes, to name only a few examples. One manifestation of the insecurity is "Marronage", as well as the continued internal displacement of persons. In some departments, chefs de section continue to operate despite the fact that they were involved in human rights violations.
Witnesses who appeared before the Commission and who represent a wide range of positions and views agreed that disarming the paramilitary groups is an essential step and a prerequisite for establishing a civil society based on the rule of law. The Commission appreciates the difficulties involved in finding hidden arms caches, but urges a redoubling of efforts and a most vigorous prosecution of the disarmament process. The Commission would note that the possession of fire arms is regulated in the Haitian Constitution, which requires holders of such weapons to declare them to the police.
There is still no legitimate police force in Haiti nor an adequate and efficient judiciary. Public order relies on the presence of the multinational force. Although the moderation and civility demonstrated by the Haitian people thus far have been extraordinary, the MNF, on occasion, has found itself drawn into a police function for serious and urgent situations. There has also been an anomalous situation in which known Attaches and Macoutes have been apprehended by the MNF and turned over to the Haitian police, who have released them. As a result, the system has not yet been able to begin to deal with those who might have been implicated in international crimes and crimes against humanity.
The establishment of a neutral, professional and efficient police is, by common acknowledgement, an indispensable step. The Commission has noted with satisfaction the plans for a police academy as a means for training a professional corps. But there is an immediate need for an independent and efficient police force and judiciary. Hence it is essential that, in addition to the efforts to develop permanent institutions, a force be deployed immediately on a provisional basis. That force must enjoy legitimacy and must meet the population's needs for order. The most stringent criteria should be applied by the Haitian Government in selecting these police personnel. Needless to say, the police in a constitutional system must be subordinate to civil authority.
Equally, while the plans to restructure the judiciary are being put in place, there is an urgent need for training programs to establish an interim judiciary. The emphasis must be on human rights, personal integrity and commitment to constitutional government and justice.
The prison situation that the Constitutional Government has inherited is in crisis. The National Penitentiary should be closed, for it is far below the minimum international standard. In its place, the Government may wish to invite international prison experts to transform one of the military camps into a model national prison, as such camps will no longer be necessary in light of the proposed reduction in the size of the armed forces. International assistance will be required and the Commission urges the international community to assist in this effort. The Commission applauds plans to transfer jurisdiction of the prisons from the military to a civil authority. But the most urgent problems in the prison system have to be addressed immediately. In two of the three prisons the Commission visited, prisoners are not fed by the authorities. In the other, they are provided one meager ration per day. The state must feed those it has imprisoned.
The Constitutional Government has inherited a prison system in which hundreds of people have been kept, in some cases up to twenty months, without ever having been presented to a judge. This is a violation of the American Convention and the Haitian Constitution. The Commission deems urgent the establishment of a special commission as soon as the Minister of Justice is confirmed, to review immediately the status of persons detained in prisons.
An accounting of exactly what happened during the military dictatorship and, in particular, a detailed review of the human rights violations suffered by the Haitian people is necessary, if Haiti is to rebuild its society and Government. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have held that where there have been violations of human rights, a government has a duty to investigate, establish responsibility, and publish its findings. The absence of legal procedures for accomplishing this is not only a violation of the American Convention but also a serious obstacle to the healing of society through truth and reconciliation. There are many models for fulfilling this obligation, both national and international, and the Commission does not suggest any one in particular. The Commission would repeat, however, that investigation of human rights violations is an obligation that cannot be waived.
The Commission would hope that the Haitian Government moves quickly to establish by law, a domestic compensation committee, composed of Haitian jurists of repute, to hear claims of Haitians who allege that they have suffered violations of their human rights. Some individuals involved or closely associated with the military are alleged to have engaged in confiscation and unlawful seizure of private property, a right also recognized by the American Convention. The claims these events have given rise to should be heard and compensated as soon as possible. Any new commissions, as well as the reconstructed court system, should make Creole an operational language.
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The Commission would like to thank President Aristide for his invitation to visit Haiti. The Commission would also like to thank all the authorities, organizations and persons who have worked with it during its visit.
In accordance with its functions under the OAS Charter and the American Convention on Human Rights, the Commission will continue its activities of protection and promotion of human rights in Haiti. The Commission offers its fullest cooperation to the Constitutional Government of the Republic of Haiti.
Port-au-Prince, October 27, 1994
AD HOC MEETING OF MINISTERS OF FOREIGN AFFAIRS ON HAITI October 1, 1991 Washington, D.C.
OEA/Ser.F/V.1 MRE/RES.6/94 9 June 1994
CALL FOR THE RETURN TO DEMOCRACY IN HAITI THE AD HOC MEETING OF MINISTERS OF FOREIGN AFFAIRS. HAVING HEARD:
The address by the President of the Republic of Haiti, His Excellency Jean-Bertrand Aristide, and the reports by the Secretary General of the OAS, by the Special Envoy of the Secretaries General of the Organization of American States and the United Nations and by the Chairman of the Inter-American Commission on Human Rights on the human rights situation in Haiti;
Resolutions MRE/RES. 1/91, MRE/RES. 2/91, MRE/RES. 3/92, MRE/RES. 4/92, and MRE/RES. 5/93, adopted by the Ministers of Foreign Affairs of member states, and Resolutions CP/RES. 575 (885/92), CP/RES. 594 (923/92), CP/RES. 610 (968/93), and CP/RES. 630 (987/94), and Declarations CP/DEC. 8 (927/93), CP/DEC. 9 (931/93), CP/DEC. 10 (934/93), CP/DEC. 15 (967/93), and CP/DEC. 18 (986/94), adopted by the Permanent Council of the Organization of American States;
TAKING NOTE of the resolutions adopted by the United Nations, in particular, Security Council Resolutions 841 (1993), 861 (1993), 867 (1993), 873 (1993), 875 (1993), 905 (1994), and 917 (1994), and of General Assembly Resolution A/47/20B concerning the Haitian crisis;
TAKING NOTE also of the reports of the OAS/UN International Civilian Mission (MICIVIH) (MRE/INF. 48/93 and CP/INF. 3551/93 and add. 1), and of the Inter-American Commission on Human rights (OEA/Ser. L/V/ll.85 doc. 9 rev.1 (1994), 83 doc. 18 (1993) and MRE/doc. 9/94), and the press releases of the International Civilian Mission and the Inter-American Commission on Human Rights,
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That the coup d'6tat of September 30, 1991 is a violation of the sovereign will and human rights of the Haitian people;
That the Haitian people's exercise of their civil and political rights is essential to a national solution to the crisis besetting the country and that any resolution of the crisis must be based on respect for democratic principles and expression of the sovereign will of the Haitian people;
That despite the efforts deployed by the Special Envoy of the Secretary General of the Organization of American States and the Secretary General of the United Nations to bring about the restoration of democracy in Haiti through implementation of the Agreement of Governors Island, the de facto military authorities in Haiti have reneged on the obligations they assumed under that Agreement and the political leadership and the Haitian people are impeded from freely exercising their fundamental rights;
That the Inter-American Commission on Human Rights has confirmed that the overall human rights situation in Haiti shows a very grave deterioration in and disregard for the most elementary human rights, within the context of a systematic plan to intimidate and terrorize a defenseless people;
That the coupd'6tat interrupted constitutional order, compromising the exercise of democracy, and that it is imperative to restore that order, thereby guaranteeing the full exercise of civil and political rights, with a view to consolidating the country's institutions, and
Considering the relevance for member states to strengthen the necessary political and diplomatic actions to achieve a lasting solution to the Haitian crisis, within the framework of the Charter of the OAS and international law,
1. To reaffirm in their entirety the resolutions adopted by the Ad Hoc Meeting of Ministers of Foreign Affairs condemning the interruption of the democratic system in Haiti, and underscoring its refusal to recognize any authority resulting from actions by the de facto regime, including the illegitimate appointment of a provisional president on May 11, 1994.
2. To condemn the continuing dilatory and intimidating tactics of the de facto military authorities and their political and financial allies who are opposed to any
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attempt to create a climate of freedom and tolerance conducive to the restoration of democracy in Haiti and consequently, to demand, in particular, full respect for the provisions of items 7 and 8 of the Governors Island Agreement.
3. To condemn the persecution and repression of the Haitian people, and the recourse to reprisals against those who favor the restoration of democracy in Haiti, as well as the intimidation and terror practiced by the de facto authorities against the defenseless people, especially against members of the legitimately-established Executive and Legislative Branches and the Judiciary, and to hold the Haitian Armed Forces responsible for their physical safety, and to promote measures whereby those responsible for those threats and any attacks on those Haitians are brought to justice for those acts.
4. To condemn all obstacles to the exercise of the right of assembly and the right to freedom of expression and particularly the restrictions on freedom of the press.
5. To condemn strongly the systematic human rights violations in Haiti perpetrated by agents of the Armed Forces of Haiti, assisted by paramilitary groups, such as the "Tontons Macoutes" and FRAPH (Front pour I'Avancement et le Progres du Peuple HaTtien), especially the massacres, arson, detentions, rapes, summary executions, torture, forced disappearances, and mutilation of corpses.
6. To condemn the acts of intimidation and aggression against the observers of the International Civilian Mission, carried out by members of the Armed Forces and their auxiliaries.
7. To call on the Haitian Armed Forces to respect the terms of reference of the International Civilian Mission, particularly regarding the observers' security, access to places of detention, and freedom of movement.
8. To condemn all actions which jeopardize the effectiveness of humanitarian programs, such as the illegal blockage by the de facto regime of U.S. funds in local currency destined for humanitarian feeding programs and job activities to assist Haiti's most vulnerable population.
To congratulate the International Civilian Mission on its work and on the dedication and courage of its observers and to ask the Secretary General, in coordination with the United Nations Secretary-General, to take the necessary measures so that the Mission can inter alia:
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1. Increase its personnel as soon as possible in order to cover the Haitian territory and make it possible to carry out its mandate fully;
2. promote the exercise of freedom of expression;
3. undertake without delay a human rights education program to inform the entire Haitian citizenry and all institutions in the country, in Creole, about important topics, such as:
a) the Mission's mandate; b) basic international human rights instruments and the provisions of the Haitian Constitution; c) the meaning of human rights, political freedoms, and the responsibilities of the citizenry; d) the specific responsibilities which all officials of the State, especially those serving in the Armed Forces in Haiti must assume in the area of human rights;
4. organize its own news programs in Creole and buy air time needed to broadcast those programs on medium-wave or frequency-modulated stations;
5. prepare news bulletins for publication in the press and flyers to be distributed to the Haitian population;
6. produce, consistent with its mandate, audio and video cassettes, reprints, and brochures and distribute them through its local offices, nongovernmental organizations, churches, and government offices;
7. promote support activities for the development of democracy and institutional reform.
To note with satisfaction the work carried out by the Committee for Humanitarian Aid and to exhort it to redouble its efforts in order to increase humanitarian aid to the most deprived sectors, and to urge it to keep up the efforts needed to obtain additional funds from all countries and agencies which can contribute to this important task and to:
1. pay special attention to the serious problems of displaced persons in the country;
2. consider, in coordination with the International Civilian Mission and the Government of Haiti, including in the humanitarian aid program a component for informing and communicating with the Haitian public.
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To congratulate the Inter-American Commission on Human Rights on the work it has done in aid of the defense of human rights in Haiti, and to request it to:
1. continue to report and to highlight violations of civil and political freedoms of Haitian people;
2. continue investigating the conduct of the de facto authorities to help determine where responsibility lies, with regard to violations committed;
3. assist, in response to the request from the Government of Haiti, in preparing and executing programs to reform judicial institutions in the country in the area of human rights and,
4. continue to work closely with the International Civilian Mission towards the attainment of its objectives and the execution of their respective mandates.
1. To recognize the support provided by countries which have economic and trade ties with Haiti and which, nonetheless, have suspended those ties by implementation of the pertinent resolutions of the Organization of American States and the United Nations.
2. To reiterate the need for the member states of the OAS and the UN, in accordance with resolution MRE/RES. 5/93 of June 1993, to support and reinforce such embargo measures as suspension of commercial flights and the freezing of assets of the Haitian de facto regime and its supporters, as provided in resolutions MRE/RES. 2/91 of October, 1991, MRE/RES. 3/92 of May, 1992, and MRE/RES. 4/92 of December, 1992, and to suspend international financial transactions with Haiti.
3. To recommend to the member countries and the international community that, at the request of the Government of Haiti, they assist in training personnel of the judiciary and of the new Haitian police force.
4. To request Haiti's neighboring countries to look into the possibility of placing at the disposal of the International Civilian Mission all broadcasting facilities needed to implement the human rights education and news programs for the media and public.
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5. To call on member states and the international community to cooperate with the Office of the United Nations High Commissioner for Refugees (UNHCR) in dealing with the problem of Haitians who leave their country, at great risk to their lives, and to cooperate in processing such migrants for refugee status, to offer temporary protection, or to resettle those who qualify as refugees, in accordance with their domestic policy and pursuant to prevailing international norms.
6. To call on all member states to support measures by the United Nations to strengthen the United Nations Mission in Haiti (UNMIH) in order for it to comply with its terms of reference to assist in the restoration of democracy through the professionalization of the Armed Forces and the training of a new police force, helping to maintain essential civic order and protecting the international and other organizations' personnel involved in human rights and humanitarian efforts in Haiti.
7. To urge the Member States and the international community to make a special effort to provide the necessary funds to enable the execution of the provisions of this resolution.
8. To request that the Secretary General forward this resolution to the United Nations Secretary General and that he circulate it as widely as possible.
9. To keep the Ad Hoc Meeting of Ministers of Foreign Affairs open.
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S/RES/940 (1994) 31 July 1994
RESOLUTION 940 (1994)
Adopted by the Security Council at its 3413th meeting. on 31 July 1994
The Security Council.
Reaffirming its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993, 862 (1993) of 31 August 1993, 867 (1993) of 23 September 1993, 873 (1993) of 13 October 1993, 875 (1993) of 16 October 1993, 905 (1994) of 23 March 1994, 917 (1994) of 6 May 1994 and 933 (1994) of 30 June 1994,
Recalling the terms of the Governors Island Agreement (S/26063) and the related Pact of New York (S/26297),
Condemning the continuing disregard of those agreements by the illegal de facto regime, and the regime's refusal to cooperate with efforts by the United Nations and the Organization of American States (OAS) to bring about their implementation,
Gravely concerned by the significant further deterioration of the humanitarian situation in Haiti, in particular the continuing escalation by the illegal de facto regime of systematic violations of civil liberties, the desperate plight of Haitian refugees and the recent expulsion of the staff of the International Civilian Mission (MICIVIH), which was condemned in its Presidential statement of 12 July 1994 (S/PRST/1994/32),
Having considered the reports of the Secretary-General of 15 July 1994 (S/1994/828 and Add.1) and 26 July 1994 (S/1994/871),
Taking note of the letter dated 29 July 1994 from the legitimately elected President of Haiti (S/1994/905, annex) and the letter dated 30 July 1994 from the Permanent Representative of Haiti to the United Nations (S/1994/910),
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Reiterating its commitment for the international community to assist and support the economic, social and institutional development of Haiti,
Reaffirming that the goal of the international community remains the restoration of democracy in Haiti and the prompt return of the legitimately elected President, Jean-Bertrand Aristide, within the framework of the Governors Island Agreement,
Recalling that in resolution 873 (1993) the Council confirmed its readiness to consider the imposition of additional measures if the military authorities in Haiti continued to impede the activities of the United Nations Mission in Haiti (UNMIH) or failed to comply in full with its relevant resolutions and the provisions of the Governors Island Agreement,
Determining that the situation in Haiti continues to constitute a threat to peace and security in the region,
1. Welcomes the report of the Secretary-General of 15 July 1994 (S/1994/828) and takes note of his support for action under Chapter VII of the Charter of the United Nations in order to assist the legitimate Government of Haiti in the maintenance of public order;
2. Recognizes the unique character of the present situation in Haiti and its deteriorating, complex and extraordinary nature, requiring an exceptional response;
3. Determines that the illegal de facto regime in Haiti has failed to comply with the Governors Island Agreement and is in breach of its obligations under the relevant resolutions of the Security Council;
4. Acting under Chapter VII of the Charter of the United Nations, authorizes Member States to form a multinational force under unified command and control and, in this framework, to use all necessary means to facilitate the departure from Haiti of the military leadership, consistent with the Governors Island Agreement, the prompt return of the legitimately elected President and the restoration of the legitimate authorities of the Government of Haiti, and to establish and maintain a secure and stable environment that will permit implementation of the Governors Island Agreement, on the understanding that the cost of implementing this temporary operation will be borne by the participating Member States;
5. Approves the establishment, upon adoption of this resolution, of an advance team of UNMIH of not more than sixty personnel, including a group of observers, to establish the appropriate means of coordination with the multinational force, to carry out the monitoring of the operations of the multinational force and other functions described in paragraph 23 of the report of the Secretary-General of 15
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July 1994 (S/1994/828), and to assess requirements and to prepare for the deployment of UNMIH upon completion of the mission of the multinational force;
6. Requests the Secretary General to report on the activities of the team within thirty days of the date of deployment of the multinational force;
7. Decides that the tasks of the advance team as defined in paragraph 5 above will expire on the date of termination of the mission of the multinational force;
8. Decides that the multinational force will terminate its mission and UNMIH will assume the full range of its functions described in paragraph 9 below when a secure and stable environment has been established and UNMIH has adequate force capability and structure to assume the full range of its functions; the determination will be made by the Security Council, taking into account recommendations from the Member States of the multinational force, which are based on the assessment of the commander of the multinational force, and from the Secretary General;
9. Decides to revise and extend the mandate of the United Nations Mission in Haiti (UNMIH) for a period of six months to assist the democratic Government of Haiti in fulfilling its responsibilities in connection with:
(a) sustaining the secure and stable environment established during the multinational phase and protecting international personnel and key installations; and
(b) The professionalization of the Haitian armed forces and the creation of a separate police force;
10. Requests also that UNMIH assist the legitimate constitutional authorities of Haiti in establishing an environment conducive to the organization of free and fair legislative elections to be called by those authorities and, when requested by them, monitored by the United Nations, in cooperation with the Organization of American States (OAS);
11. Decides to increase the troop level of UNMIH to 6,000 and establishes the objective of completing UNMIH's mission, in cooperation with the constitutional Government of Haiti, not later than February 1996;
12. Invites all States, in particular those in the region, to provide appropriate support for the actions undertaken by the United Nations and by Member States pursuant to this and other relevant Security Council resolutions;
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13. Requests the Member States acting in accordance with paragraph 4 above to report to the Council at regular intervals, the first such report to be made not later than seven days following the deployment of the multinational force;
14. Requests the Secretary General to report on the implementation of this resolution at sixty day intervals starting from the date of deployment of the multinational force;
15. Demands strict respect for the persons and premises of the United Nations, the Organization of American States, other international and humanitarian organizations and diplomatic missions in Haiti, and that no acts of intimidation or violence be directed against personnel engaged in humanitarian or peace keeping work;
16. Emphasizes the necessity that, inter-alia:
(a) All appropriate steps be taken to ensure the security and safety of the operations and personnel engaged in such operations; and
(b) The security and safety arrangements undertaken extend to all persons engaged in the operations;
17. Affirms that the Council will review the measures imposed pursuant to resolutions 841 (1993), 873 (1993) and 917 (1994), with a view to lifting them in their entirety, immediately following the return to Haiti of President Jean-Bertrand Aristide;
18. Decides to remain actively seized of the matter.
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OAS PROPOSAL FOR PROVIDING IMMEDIATE SUPPORT TO THE GOVERNMENT OF HAITI
Submitted to the Government of Haiti by the Secretary General of the Organization of American States
Port-au-Prince December 1994
Among the essential purposes of the Organization of American States, as defined in its Charter and mandates of the General Assembly, is the promotion and consolidation of democracy in the hemisphere. With this goal in mind, the OAS has demonstrated the capacity to mobilize resources required to begin reconstruction in a context of extreme instability and economic devastation.
Implementation of the proposals contained herein could be achieved by the use of OAS expertise, with the Organization managing and supervising the process. In addition, some of the tasks of supporting the Government of Haiti could be carried out by the OAS/UN International Civilian Mission whose mandate would have to be redefined accordingly. OAS support would have a multi-functional character, so that it can collaborate with the Government of Haiti and Haitian civil society to address various problems and conflicts which may arise.
Within this framework, the proposal being submitted to the Government of Haiti would include specific immediate, short term and medium term cooperation actions aimed at providing support in the areas of governance; human rights; elections; and institution building and strengthening of democracy.
The OAS could swiftly and efficiently implement programs in the following
I. FOR IMMEDIATE ACTION
Strengthening of the Office of the President Strengthening of the Office of the Prime Minister
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2. Human Rights
Monitor and document the human rights situation and make recommendations to the relevant Haitian authorities
Observation and verification of legislative and presidential elections
Joint OAS-UN Appeal
Follow up of Joint OAS-UN Appeal
II. IN THE SHORT TERM
Implementation of an interim judicial system with the support of International Judicial Monitors Implement a pilot literacy program
Compile a registry of all Non Governmental Organizations (ONGs) in Haiti
Implement a public information and a pilot civic education program
Support for the establishment of justices of the peace in rural communities
2. Institution Building and Strengthening of Democracy
Assist in the preparation of a Solidarity Plan
Assist in the establishment of a Ministry of the Environment
Assist the Human Rights Bureau of the Ministry of the
III. IN THE MEDIUM TERM
1. Institution Building and Strengthening of Democracy
Support to the strengthening of the legislature and political parties
Assist Truth Commission
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OAS PROPOSAL FOR PROVIDING IMMEDIATE SUPPORT TO THE GOVERNMENT OF HAITI
Among the essential purposes of the Organization of American States, as defined in its Charter and mandates of the General Assembly, is the promotion and consolidation of democracy in the hemisphere, the OAS, in the context of Resolution 1080 (XXI-0/91) took immediate action following the interruption of the democratic order in Haiti in 1991, and has since then consistently supported and deployed efforts to ensure the return of constitutional order to Haiti. With the restoration of the legitimate government, it is appropriate that the OAS also offer its support to strengthening democratic and public sector institutions, thus assisting in the consolidation of democracy in Haiti.
The OAS has demonstrated the capacity to mobilize resources required to begin reconstruction in a context of extreme instability and economic devastation. Experience in successfully implementing reconstruction programs in other member states demonstrates the Organization's ability to avoid bureaucratic constraints, to develop rapidly appropriate administrative capacity, to account efficiently for large expenditures in an emergency environment, to provide functional and financial accountability, and keep overhead costs reasonably low.
Implementation of the proposals contained herein could be achieved by the use of OAS expertise with the Organization managing and supervising the process. In addition, some of the tasks of supporting the Government of Haiti could be carried out by the OAS/UN International Civilian Mission whose mandate would have to be redefined accordingly. OAS support would have a multi-functional character, so that it can collaborate with the Government of Haiti and Haitian civil society to address various problems and conflicts which may arise.
Within this framework, the proposal being submitted to the Government of Haiti would include specific immediate, short term and medium term cooperation actions aimed at providing support in the areas of governance; human rights; elections; and institution building and strengthening of democracy.
The OAS could swiftly and efficiently implement programs in the following
I. FOR IMMEDIATE ACTION
Strengthening of the Office of the President
Strengthening of the Presidency is of the greatest importance both in the process which has just been initiated, and for succeeding governments in the future.
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A project with this objective would finance haitian consultancies to create s structure of advisory offices to the Presidency, strengthening the capacity of that office, in priority areas of presidential management such as communications, international relations, coordination of organizations, state reform, etc.
Strengthening of the Office of the Prime Minister
Given that the Prime Minister's Office has responsibility for the day to day operations of the Government, it will be necessary to establish its basic organization and efficiently, the Prime Minister will need to strengthen his Cabinet. Assistance in this area would include the establishment of a multidisciplinary team comprising haitian professionals such as lawyers, specialists in public administration, economists, etc.
2. Human Rights
Monitor and document the human rights situation and make recommendations to the relevant Haitian authorities
The OAS, through participation in the International Civilian Mission, would continue to carry out the Mission's original mandate of monitoring and promoting human rights. In this context, the Mission would again be deployed throughout Haiti, continue to receive any denunciations of human rights violations, verify them, and periodically report on its findings. In addition the OAS could assist the Haitian Authorities in their efforts to resettle internally displaced persons.
Given its experience in Haiti during the political crisis, the Civilian Mission could play a role in supporting the Government of Haiti in various tasks relating to the promotion and monitoring of human rights. To cite examples, the Mission could implement the extensive human rights and civic education campaign begun in September 1993. The International Civilian Mission could assist the Government of Haiti in strengthening local human rights organizations, and in providing human rights training to such officials as prison wardens, the new police force, etc.
The Inter-American Commission on Human Rights would continue its work in Haiti, as mandated by its Convention, its Statutes and by the ad hoc Meeting of Ministers of Foreign Affairs.
Observation and verification of legislative and presidential elections
For the upcoming elections, the OAS could be responsible for electoral observation covering the pre-electoral period, polling day, and the post-electoral
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period. The OAS would monitor: voter registration; electoral organization and preparation; electoral campaign, media access, freedom of expression and association; preparation and distribution of the electoral lists and materials; and adoption of security measures.
The OAS would observe in its entirety the voting and counting processes, transmission and receipt of results, the compilation of electoral data and the official count, and conduct a statistical projection of the results (quick count) where necessary. In the post-electoral period, it would monitor political or electoral developments until official publication of the election results.
4. Joint OAS-UN Appeal
Follow up the Joint OAS-UN Appeal
The OAS would closely monitor the response to this appeal, which is entitled "Haiti-Emergency Program towards the Alleviation of Poverty: Bridging Humanitarian Assistance and Reconstruction Programs", and which is aimed at providing funding for a six month period as a vital transition between ongoing humanitarian assistance and the broader programme for national reconstruction.
II. IN THE SHORT TERM
Implementation of an interim judicial system with the support of International Judicial Monitors
The OAS could collaborate with the Ministry of Justice to resolve administrative and legal problems which have arisen during the current period of separation of the army and the police, particularly problems relating to the handling of detained persons. The OAS could assist in devising a temporary system to ensure that such cases are dealt with expeditiously and with regard to due process.
As part of this effort the International Civilian Mission could implement a system of International Judicial Monitors to assist in the handling of problems relating to the detainment of persons, the system would be akin to the international police monitors system currently in operation, the Mission could draw on the experience already acquired in this area in the nine administrative departments, this interim system would be in place until the relevant authorities are duly established and in a position to process cases.
Implement a pilot literacy program
The assistance would consist of implementing a pilot program to set the basis for a selective literacy program geared to young people left out of the formal
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education system and to the adult population of working age, in particular women. The program would have a strong entry level skills focus to meet the needs of these target groups, this program could also identify additional learning needs and tools such as textbooks and other didactic materials that would become necessary in a more extensive program for which additional funding would have to be sought.
Compile a registry of all Non Governmental Organizations (NGOs) in Haiti
In response to a request of the Government of Haiti, the OAS could provide support in the establishment of a Registry of Non Governmental Organizations in Haiti. Such a Registry or Information Center could be used as a management tool by the Government of Haiti to collect and store information on assistance offered or provide by non-governmental and private organizations. Such assistance could enable the Government to coordinate and organize a general strategy of development with the support of NGO's.
Implement a public information and a pilot civic education program
The OAS could coordinate technical and advisory assistance for the Haitian educational authorities in the design of curricula and teaching materials, with emphasis on programs stressing democratic values and practices (e.g. liberty, justice, equality, tolerance, cooperation, participation, elections, negotiation, dispute settlement, and the rule of law). This would be accompanied by training programs on teaching methodology for public and private school supervisors, technicians and teachers.
In addition, the OAS could also offer assistance to Haitian authorities for the design of radio and television programs, and community activities to inform and promote democratic culture.
Support for the establishment of justices of the peace in rural communities
The OAS could provide support in developing a model pilot program aimed at strengthening the capacity of the justices of the peace to perform their duties in rural areas. Based on the results of this pilot program, the model could then be replicated throughout the country. The project could also prepare, for submission to donors, a needs assessment survey on the materials, facilities, equipment and funds required by the justices of the peace.
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2. Institution Building and Strengthening of Democracy Assist in the preparation of a Solidarity Plan
The objective of this project is to create a Plan of Solidarity and Municipal Rehabilitation which, under the direction of the Presidency of the Republic, would attract financing from international organizations, and channel public funds into the poorest municipalities of the country. These resources would be utilized as directed by the community and their execution would be subject to strict community supervision. This project would promote community participation in the development process.
The project would establish a network of Municipal Rehabilitation Councils (MRC), comprising community members, and coordinated by a representative of the mayor of each commune. This representative would coordinate the election of members of the community to the MRC, promote debate on municipal projects receiving funds from the Program, and coordinate the implementation of mechanisms for community supervision of the projects in the Plan.
In this way the project would assist in communal governance through conceptualization and identification of local needs and priorities; help organization of local needs and priorities; help organization of communal associations; create interface between local population, central government and international donors.
Assist in the establishment of a Ministry of the Environment
The OAS would provide support to the newly established Ministry of the Environment to assist it in strengthening its institutional capacity to establish the policies and institutional basis for coordinating environmental restoration and sustainable development.
Assist the Human Rights Bureau of the Ministry of the Interior
The OAS could provide advisory and technical assistance to this Office, including procedures for receiving complaints and denunciations, undertaking investigations and reporting to the corresponding judicial authorities.
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III. IN THE MEDIUM TERM
Institution Building and Strengthening of Democracy
Support to the strengthening of the legislature and political parties
With regard to the legislature, assistance could be offered by the OAS in strengthening such areas as: information, legislative and administrative management systems; training for legislators, advisors, and technicians; modern mechanisms and procedures of representation; and financial management. Assistance could also be offered to the legislature to support their efforts in codification of the laws.
This project could also promote a dialogue and exchange of views between the different segments of civil society on issues related to governance through seminars, roundtables, etc.
Assist Truth Commission
With the assistance of the Inter-American Commission on Human Rights the International Civilian Mission could lend support to a Truth Commission established to investigate human rights violations of the past three years. If the Commission's conclusions recommended the establishment of a reparations mechanism the International Civilian Mission could collaborate with this mechanism, providing information on the victims of violations of human rights abuses and assisting in the processing of applications from such victims.
THE ORGANIZATION OF AMERICAN STATES
The Organization of American States (OAS) is the world's oldest regional organization, dating back to the First International Conference of American States, held in Washington, D.C, from October 1889 to April, 1890. This meeting approved the establishment of the International Union of American Republics. The Charter of the OAS was signed in Bogota in 1948 and entered into force in December 1951. The Charter was subsequently amended by the Protocol of Buenos Aires signed in 1967, which entered into force in February 1970, and by the Protocol of Cartagena de Indias, signed in 1985, which entered into force in November 1988. In 1992, the "Protocol of Washington" was signed and in 1993 the "Protocol of Managua" was signed. These two instruments will enter into force upon ratification by two-thirds of the Member States. The OAS currently has 35 Member States. In addition, the Organization has granted Permanent Observer status to 30 States, as well as the European Union.
The basic purposes of the OAS are as follows: to strengthen the peace and security of the continent; to promote and consolidate representative democracy, with due respect for the principle of nonintervention; to prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States; to provide for common action on the part of those States in the event of aggression; to seek the solution of political, juridical and economic problems that may arise among them; to promote, by cooperative action, their economic, social and cultural development, and to achieve an effective limitation of conventional weapons that will make it possible to devote the largest amount of resources to the economic and social development of the Member States.
The OAS accomplishes its purposes through the following organs: the General Assembly; the Meeting of Consultation of Ministers of Foreign Affairs; the Councils (the Permanent Council, the Inter-American Economic and Social Council and the Inter-American Council for Education, Science, and Culture); the Inter-American Juridical Committee; the Inter-American Commission on Human Rights; the General Secretariat; the Specialized Conferences; the Specialized Organizations and other entities established by the General Assembly.
The General Assembly holds regular sessions once a year. Under special circumstances it meets in special session. The Meeting of Consultation is convened to consider urgent matters of common interest and to serve as Organ of Consultation under the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), the main instrument for joint action in the event of aggression. The Permanent Council takes cognizance of such matters as are entrusted by the General Assembly or the Meeting of Consultation and implements the decisions of both organs when their implementation has not been assigned to any other body, it monitors the maintenance of friendly relations among the Member States and the observance of the standards governing General Secretariat operations and also acts provisionally as Organ of Consultation under the Rio Treaty. The purpose of the other two Councils is to promote cooperation among the Member States in their respective areas of competence. These Councils hold one annual meeting and meet in special sessions when convoked in accordance with the procedures provided for in the Charter. The General Secretariat is the central and permanent organ of the OAS. The headquarters of both the Permanent Council and the General Secretariat is in Washington, D.C.
MEMBER STATES: Antigua and Barbuda, Argentina, The Bahamas (Commonwealth of), Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica (Commonwealth of), Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, St. Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, United States, Uruguay and Venezuela.