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Report on the situation regarding human rights in Haiti

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Title:
Report on the situation regarding human rights in Haiti
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Washington, Pan American Union, 1963

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4-tr-OAS-1993
General Note:
Inter-Am. Com. on Human Rts.

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"" '4 'y


OEA/Ser.L/V/II.8 Doc. 5 (English) 19 November 1963 Original: Spanish


INTER-AMERICAN COMMISSION ON HUMAN RIGHTS










REPORT ON THE SITUATION



REGARDING HUMAN RIGHTS IN HAITI


IPAN AMERICAN UNION
General Secretariat, Organization of American States
/Washington, D.C.




OEA/Ser.L/ Vt11.8 Doc. 5 (English) 19 November 1963 Original: Spanish


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
Washington, D.C.
December 1963














































7,











This document was prepared by the Secretariat of the Commission







TABLE OF CONTENTS

Page


INTRODUCTION v

CHAPTER ONE

Background

I. Activities of the Commission in.connection with the situation regarding human
rights in Haiti 1

II. The second report of the Special Committee 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
Security 9

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 J-Z

A. Provisions of the American Declaration J-Z

B. Complaints involving violations of the
right to freedom of investigation,
opinion, expression, and dissemination 13

C. 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
Haiti 18


-iii-








Page


C. Information supplied by the Government 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
Government 25

A. Provision of the American Declaration 2.5

B. Complaints of violations of the right
to vote and to participate in government in Haiti 25

C. Information furnished by the Government 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 association 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
Haiti 33

C. Information furnished by the Government
of Haiti 34

VIII. Right to Education and to the Benefits of
Culture 35

A. Provisions of the American Declaration 35

B. Complaints involving violations of the
right to education in Haiti 36


-iv-








INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

INTRODUCTION


Since its Second Session, the Inter-American Commission on Human Rights has received communications or complaints regarding serious violations by the Haitian Government of the hum-an 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 Bogotd 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 individuals 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 appropriate. These complaints were broug ht to the attention of the Haitian Government, 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 relate 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 supplying 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 permission 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 Commission 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, whichdue to the Haitian Government's refusalthe 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 prepare this report on the situation regarding human rights in the Republic of

Haiti.














-vi-








CHAPTER ONE

BACKGROUND


I. Activities of the Commission in connection with the situation regarding 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 GoverrLTent,

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 September 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 communications 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 Commission, at its Fourth Session (April 2 to 27, 1962), entrusted to its secretariat the preparation of a background document on the situation.








In accordance with that mandate, the secretariat prepared a confident al document, Iwhich 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 communications 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 AUPRINCE, HAITI

I HAVE THE HONOR TO INFORM YOUR EXCELLENCY THAT, IN ACCORDANCE WITH
THE AUTHORITY VESTED IN IT BY ARTICLE 1100 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 GOVERNIMENT OF HAITI, THROUGH YOUR OFFICE, ITS PRIOR CONSENT TO THIS VISIT,.
I TAKE THIS OPPORTUNITY TO RENEW TO YOU THE ASSURANCES OF MY HIGHEST
CONSIDERATION.
MANUEL BIATNCHI
CHAIRMAN

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 RE1. OEA/Ser.L!V/IIL5, Doc. 2, September 18, 92
2. OE-A/Ser./V/II.5, Doc. 40, February 11, 1963.





-3

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.

MANUEL BIANCHI
CHAIRMAN

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 internal affairs. This cable was as follows:

MR. MANUEL BIANCHI, CHAIRMAN
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
PAN AMERICAN UNION
WASHINGTON, D.C.

I HAVE THE PLEASURE TO ACKNOWLEDGE RECEIPT OF YOUR CABLEGRAM OF OCTOBER 9 REGARDING THE REQUEST OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS FOR PERMISSION TO HOLD A PART OF ITS CURRENT SESSION IN THE REPUBLIC 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 INTERFERENCE IN THE INTERNAL AFFAIRS OF THE REPUBLIC OF HAITI THAT AFFECTS 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
HIGHEST CONSIDERATION.

RENE CHALMERS
SECRETARY OF STATE FOR
FOREIGN AFFAIRS

After carefully considering the Haitian Government's reply, the Commission reached the following conclusions:

1. That the power to go to the territory of an American state is authorized in Article llc of the Commission's Statute;

2. That when the Commission requests permissiorL to go to an American

country it has no purpose other than making an impartial and highly responsible 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 affirmatively 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 Commission onHuman 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 request, which can be interpreted as a form of interference in the internal
affairs of the Republic of Haiti that affects its sovereignty.11

In this regard, the Commission wishes respectfully to remind Your
Excellency's Government that it is granted the power to go to the territory of any American state, with the prior consent of the respective
government, in conformity with Article ll.C of its Statute, which reads
as follows:

Article 11

c. 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 American States, approved the Statute of the Commission, to which the Fifth
Meeting of Consultation of Ministers of Foreign Affairs, with the affirmative vote of Haiti, ascribed the competence to promote the respect of
human rights in 'the American states. Furthermore, the fact that the Commission 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 request 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
considerations.

Manuel Bianchi
Chairman of the Inter-American
Commission on Human Right-s

The Honorable Rene Chalmers
Secretary of State for Foreign Affairs
Port-au-Prince, Haiti

Although in the above note the Commission informed the Haiti-an Government 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 renouncing 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 continued 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 transmitted in writing. 4 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 newspapers 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 3- OEA/Ser.I,/V/II.7, Doc. 28, June 29, 19634. Ibid.
5. Ibid.





This request was transmitted by the following cable, dated MaY 7, 1963:

THE HONORABLE RENE CHALMERS
SECRETARY OF STATE FOR FOREIGN AFFAIRS
PORT-AU-PRINCE, HAITI

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DEEPLY CONCERNED OVER REPORTS AND COMPLAINTS IT HAS RECEIVED IN WASHINGTON DC, AND PARTICULARLY BY THOSE TRANSMITTED TO IT 114 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, COINCIDING WITH RECENT AND SUPPORTING INFORMATION APPEARING IN THE CONTINENTAL PRESS, WISHES TO REQUEST AGAIN, IN ACCORDANCE WITH ARTICLE Il.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 EXCELLENCY 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 ExERCISE 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, 196o. I SHALL GREATLY APPRECIATE AN IMMEDIATE REPLY TO THIS COMMUNICATION, BY CABLE, FROM YOUR EXCELLENCY. ACCEPT SIR THE RENEWED
ASSURANCES OF MY HIGHEST CONSIDERATIONMANUEL BIANCHI
CHAIRMAN

The Government of Haiti replied by cable on May 10, refusing its r:,,_)nsent in the following terms

MR MANUEL BIANCHI, CHAIRMAN
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
PAN AMERICAN UNION
WASHINGTON, D-C

I HAVE THE HONOR TO ACKNOWLEDGE THE RECEIPT OF YOUR CABIE 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 COMMISSIONS REQUEST COULD BE INTERPRETED AS A FORM
OF INTERFERENCE IN THE INTERNAL AFFAIRS OF THE REPUBLIC OF HAITI, A THREAT TO ITS SOVEREIGNTY AT A TIME WHEN THE HAITIAN GOVERNMENT AND
PEOPLE ARE FACED WITH A TRUE INTERNATIONAL CONSPIRACY. THEREFORE I REGRET TO INFORM YOU THAT MY GOVERNMENT, AFTER TAKING DUE COGNIZANCE OF
THE MATTER, DOES NOT BELIEVE THAT IT SHOULD GIVE ITS CONSENT. MY HIGHEST
CONSIDERATIONS.
CLOVIS DESINOR
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 complaintsit 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
Consultation

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 Consultation, 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 Organization mentioned the following facts:

In the course of the visits made by the Committee to the Dominican Republic, the government of thpt country referred to the many violations of human rights in the Republic of Haiti as one of the factors responsible for the tension existing between the two countries, stressing the repercussions of all kinds that these were having in the Dominican 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 also the text of the Government of Haiti's refusal, dated May 10, 19632

Since the Committee of the Council had itself received trustworthy 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, 196o, entitled "Special Report on the Relationship Between Violations of Human Rights or the Nonexercise of
Representative Democracy and the Political Tensions That Affect the
Peace of the Hemisphere" (Doe. C/INF-699, 15 April 196o).

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 directed 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 consideration, 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 effectively contributes to the maintenance of peace and the diminution of international tensions, and in view of the statement made to the Committee by the Foreign Minister lof Haiti to the effect that his government adheres to that principle.'








CHAPTER TWO

SITUATION REGARDING HUMAN RIGHTS IN HAITI I. Right to Life, Liberty, and Personal Security

A. Provisions of the American Declaration

The American Declaration on the Rights and Duties of Man 6 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: 7


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.,





-i-


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 Turni er, turned the machine guns of his Gestapo against the family of Lt. Frangois Benoit, whose house was set afire and submitted to intense machine gun fire. In the house, Beoi~ 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, Einest 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
"1all 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 Dimanche.

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. Iyon 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. Arrested 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.
Considered missing.

Colonel Fritz L6on. Imprisoned in Aux Cayes by the civil agent,
St. Ange Bontemps, and Lieutenant Jean Pierre, he was taken to FortDimancheo He was assassinated while trying to escape on the Les
Salines road.

Mr. Fambert Baptistes. Taxi driver, was killed on Jean-Jacques
Dessalines Street by a soldier.

Mr. Justin Lon, accused of conspiracy, he was arrested and taken
to the National Palace and savagely beaten to death in the presence of
President Duvalier.

Mr. Bouillon, a merchant who had refused to give money to the government, he was assassinated in the torture chambers of Dessalineso

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.

2, 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;Clerveau Lahens; Lous Charles; Franck Hoghart; Antoine Roland; Marcel Antoine; Jean Claude Mirambeau; Telemaque Guerrier; etc. etco"

3. A complaint presented to the Commission on December 20, 1962,

states:9

A night watchmen who was guarding a supply of materials and equipmeny of the Ministry of Public Works in the Capital was bound with barbwire and hanged. In Petionville, a suburb of Port=au-Prince, another
patriot was crucified, with nails driven into his hands and feet.
Over fifty cases of missing persons have been reported, and the unjustified arrests and political persecutions once more are causing panic
among families.

According to QBohemia 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,
as follows.

Fignolists 3,000 dead
Jumellists 476 dead
D~joists 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 Portau-Prince, where he had taken refuge.

4. Following is a cabled complaint presented to the Commission on August 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.


12-





-13-


It is with profound grief that I inform you that the unconstitutional government of Haiti tortured and killed many relatives of members of the forces of liberation who landed in Haiti last week, in
particular, relatives of the soldiers Blucher Philog6ne, Louis Elie,
and Ren6 Jacques, among whom were women, children, and old people, although we are aware that Duvalier refuses to allow the Commission on
Human Rights to inquire into the assassination of thousands of citizens.

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 assassination of the women, children, and elderly persons, relatives of rebel
officers and into the summary execution of hundreds of political
prisoners.

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 3 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
whatsoever.

B. Complaints involving violations of the rif ht to freedom of investigation, opinion, expression, and dissemination

The complaints contained in the communications received by the Commission 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.








b. 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. The following acts are set forth in a complaint received by the

Commission,.1

Duvalier has closed more than 12 newspapers, as follows: 1. 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 M.O.P., directed by the young revolutionary Jean H. 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 Liber6,1 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. 'Mopisrne Integral,' 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. 'L~a 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 expelled0
One Morrison, director of the 'Port-au-Prince Times,' who came to occupy a high and influential post with the Duvnlier government, was expelled. The American newspaper woman, Lynn Grossberg, received thefollowing 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, represented by Haitians, they were never able to send but 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.








2. It is stated in a complaint presented to the Commission:1


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 confiscated: 'Foi Sociale,l 'Le Patriote,l 'Haiti Miroir,9 etc. etc; their
directors arbitrarily arrested: Georges Petit, Emimanuel 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 information was requested from the Haitian Government, the Commission received

from that government the following information.*16

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 after me. I wish to inform these unpatriotic persons that I have not
served, and shall never serve, as an instrument for their criminal designs. 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 battle0 Now, we must look at
our common country that has regained its grandeur, and work for its
prosperity.

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. 216. 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 following 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 time,

3- Mr. Luc B. 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 Lyc~e of Cap-Haitien, in assaulting the office of the Emibassy of Haiti in Caracas, and recently in attempting to steal an airplane in Bogotd. 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 I.AO.P.A. by the Association of Haitian Newspapermen, It is eloquent in itself and requires no comment:

PRESS FRANPRESS
NEW YORK

The Executive Committee of the Association of Haitian Newspapermen (AJH), through its Secretary General, Dumayric Charlierg
has refuted the allegations contained in a resolution adopted by the
Inter-American Press Association, according to which the Haiti-an
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 AOJO.H. in a six-point resolution 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 citizens and directed by Haitians, as is practiced unabashedly in several
countries of the Americas;

That the case of the newspaper La Phalanget, organ of the Catholic
Church, had attracted the attention of the A.,J.H., which demanded
an explanation from the competent authorities. On this subject the AOJ.,H. states that the problem of La Phalang!e, which is foreign in
view of its hierarchy, stems from the contractual obligations derived 'from the March 1860 Concordat concluded between the Holy See
and the Haitian Government, which agreement governs the conduct of national and foreign religious persons,and the consequences of their interference in politics or in any matters that fall within the sole competency of the temporal power;


w







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 nations press aware
Pf the danger to a ruined country of a passionate, methodical, and unjust 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 reconciliation, peace in the streets, security for families, and especially a return 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 Man 17 stipulates

the following in its Articles XVIIIXXV, 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 pr66edure whereby the courts will protect him
from acts of authority that, to his prejudice, violate any fundamental
constitutional rights.

Article XXV. No person may be deprived of his liberty except in
the cases and according to the procedures established by preexisting
law.

No person may be deprived of liberty for nonfulfillment of obligations 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, otherwise, 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 until 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.




-18-


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 Commission, with respect to the above-mentioned human rights, consist in the following:

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 preventive arrests, without employing a judicial warrant or an order of competent authority;

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 precedural nature were suspended, such as those concerning the nonretroactivity of penal law unfavorable to the defendant and the prior establishment of offenses and penalties and of the courts of justice; and that the right to due 18. Le Moniteur, August 11, 1958.




_19-


process of law has been suspended, inasmuch. as those accused of a-misdemeanor 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 offenseshave been tried in summary and secret fashion and many of them have received unusual, infamous, and cruel punishment, even includingthe death penalty.

Below are transcribed the pertinent parts of the communications and complaints received:

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 resistance 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 dictatorial government of Haiti. The principles of human rights are violated. 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 Senators and Representatives. and finally established a new government
by elections of April 30, 1961, under the (pressure) of his dictatorial
power.

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.




-20-


In the climate of dictatorship prevailing the greatest abuses are
committed every day without anyone having the right to suggest the
slightest protest.

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 elementary justice. The dictatorship has constantly violated the following 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 juridical 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 individual, 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 assembly, of association, of petition, the right to protection from arbitrary arrest, to due process of law, to freedom of opinion, expression, 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 OTontons 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 wellfounded accounts I have learned that he succumbed to the torture.
Moreover, President Duvalier at the beginning of this year arrested
Jacqueline MilordInnocent, 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.




-21-


";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, l96Oand 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. Gamnier 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 almost cost him his life.

Deputy Saintange Bontemps was arrested in the city of J~r~mie 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 suppression 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
supreme judge.

8.?1 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 reelected President,.

We urge you. to take a positive stand against this. dictator,
who respects neither law nor religion. Consequently, (he does not respect) 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.




-22-


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 regime of terror, with contempt for the most elementary justice, not respecting 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, 2,315,7,99110,12,
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 fradulent 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 repressive corps of Duvalier's governmental regime of terror are reported. And in another part of the same complaint it i8 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 iarry 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,




-23-


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 participat 'e 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 followin, a surprise attack in July 19.58 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 demonstration of the solidarity between the people and the Army and it constitutes the main obstacle that stands in the way of those who thirst for power: the partisans of that class of exploiters and parasites who became 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. correspondent.

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.3

Every person has the right, in case of pursuit not resulting from
ordinary crimessto seek and receive asylum in foreign territory, in accordance 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.




-24-


It is appropriate to point out, also, that Haiti is a party to the following inter-American conventions on asylum: Convention on Asylum, signed at Havana at the Sixth International Conference of American States, 1928; Convention 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 Commission with respect to the above-mentioned human rights consist in the allegation 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 diplomatic embassies.and legations accredited to that Government.

The pertinent parts of the communications and complaints received are described below:

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. 33- Complaint No. 20 in the files of the Commission. Seventh Session.




-25-


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 delivery 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 decision of a military tribunal, that arise from their stay under diplomatic 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
refugees.

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 Commission with respect to the human right mentioned above consist of the following:

a. That the exercise of the right of suffrage has been restricted

in Haiti;

b. That all of the political parties in opposition to the government have been eliminated;




34. A similar right is established in Article 21, nos. 1, 2, and 3 of the
Universal Declaration of Human Rights.




-26-


c. That the government of President Duvalier called parliamentary

elections3.5 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

d. 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 complaints received

1. In a complaint presented in January 1962 by the Colombian Committee

on Aid for the Liberation of Haiti, the following appears:36

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 presidential election is set for April l963-,

The purpose of this request is to protest. against the constant
trampling by the government in Haiti of the principles inscribed in the
Uni~yersal Declaration of Human Rights and the Declaration adopted at trie '_inth Internati onal Conference of American States, at Bogot., in 198 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

~. foth wih repect to the constitutional problem of Haiti73

A11of the legal standards of a country rank below the Constitution
_>y -i hat tends to modify or repeal the Constitution must be
6ubmitcted to the control thereof and its legality must be verified by
a competent authority distinct from the executive authority that is
3,eekin- to perform the unconsti tutional act, for the purpose of annullinC, 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 Hati. Therefore the Decree of April 7, 1961, is null, since President Duvalier prolonged his term of office by means of this decree

35. Decree of April 7, 1961. Le Moniteur, April 7, 1961. 3,6. Document 71~, cited, Fourth Session.
37. Complaint No0 4+0, in the files of the Commission. Sixth Session.




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through an untimely parliamentary election. The fact is that a de facto and tyrannical government exists based upon a usurpation 77
power condemned in Articles 99 and 100 of the Constitution, which established presidential elections for the second Sunday in February 1963.

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.

38
3* A complaint presented in February 1963 contains the following:

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 sixyear 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 Objectionj. 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, unless 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 beheld 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 unconstitutional; 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 Provisions and in the Transitory Provisions, was the second Monday in
April 196338. Complaint No. 2, in the files of the Commission. Sixth Session.





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Second Objection. Violation of Arti cles 87 and 91 of the Constitution. Article 87 reads as follows: 'The presidential term of -office 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 longero.ol 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, certain 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 disgraceful sham elections. A notorious fact: some days after the installation of the new Duvalier deputies, their duties were taken away from two of them because they had the civic valor to protest against a
bill.

5. The following with regard to the present Government of Haiti and its

organization is taken from one of the complaints: 4o

The Government of Duvalier is manifest in the systematic denial of
freedom of expression, the basis and foundation of democratic institutions, in the violation of the principles established in the Universal Declaration of Human Rights, in the usurpation official agencies for
the enrichment and benefit of his clique,, in administrative dishonesty, peculation, and theft of public funds, in the intervention and corruption of the labor movement, the suppression of political parties, persecutions 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 pseudofeudal economy subject to the interests of the bailiffs, partisans of
the government.

C. Information furnished by the Government of Haiti

On September 12, 1962, the Government of Haiti sent the following information to the Commission regarding the points mentioned in the foregoing

section: 4,L



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.





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To the allegations concerning the six-year mandate conferred upon President Duvalier we oppose the fact that according to our Constitution', the national sovereignty resides in the Haitian people, who are the sole judge in such matters. They have conferred anew six-ypar mandate on His Excellency the Honorable President Franqois Duvalier because they have judged him worthy of it. His Excellencythe 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 ignoring the appeals of the present Haitian Government fornational 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 UliIVERSITY 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 fundamental 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 constitutional 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 arethemost fragile of laws. Their organic and political provisions fall before a revolution or even a simple coup dletat not followed by a counter revolution. For stronger reasons, they are eclipsed by the regular expression of the popular will.





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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, establishing 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 fundamental law. The exercise of legislative power by the two houses elected 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 Legislative Chamber.

The President of the Republic, charged by Article 90 of the fundamental 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 jurists.

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 peoples 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 election 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 revolution and carry it to a good end, if it can, by its silence and inaction, ratify a coup dletat, then by greater reason it can substitute a new presidential 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 Chamber 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 constitutional 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 Duvalier President Elect of the Republic, and that which the National Assembly had to invite this citizen to take the oath provided for in Article 89, prior to the exercise of a new mandate of six years in accordance 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 completion 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 assumed accrued responsibilities. To the great joy of the immense majority 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
natio nal sovereignty.

One cannot fail to recognize and proclaim the perfect legal propriety
and constitutionality of the a-_,tions taken in April and May 1961 by the
Chief of State', the Haitian people and the National Assembly. A legitimate 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 executive 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 under the administration inaugurated on May 22, 1962.

VI. Right of Assembly and of Association

A. Provisions of the American Declaration

Articles )OCI 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 connection 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 political, 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.




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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 Commission with respect to the aforementioned human rights consist of the

following:

a. That'the rights of assembly and of association have been suppressed 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 communications and complaints received:

1. An express complaint:k4

By a decree of the Ministry of the Interior and Defense, of November 22, 1960, the right of assembly and of association was suppressed
in Haiti. In reality such a measure was unnecessary, since every political, 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 capital seems like-a-dead city; the people are afraid. Even family gatherings 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 recently, under the pretext of looking out for good manners and seeing
that they are observed, that some special inspectors would henceforward secretly exercise the right of control over the family parties,
friendships, relations, and visits of every citizen. Trujillo himself had not gone that far.

2. it is pointed out in another complaint that:

On November 22 the government decreed the dissolution of all associato'is 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.





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VII. Right to Residence and Movement

A. Provision of the American Declar tion

The American Declaration of the Rights and Duties of Man 46 provides the following in Article VIII:

Every person has the right to fix his residence within the territory 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 Commission with respect to the human right mentioned above consist of the following:

a. That the Haitian Government has refused to permit the return to that country of Haitian nationals who expressed their intention of returning to their country to the proper authorities thereof, and requested of these the issuance of a passport or documents needed for making the return 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 residing outside their country against their will.

There follow the pertinent parts of communications and complaints received:

1. Complaint presented to the Commission on January 7, 1962, states the following: 47


46. A similar right is established in Article 12 of the Universal Declaration of Human Rights.
47. Complaint No- 72, in the Files of the Commission. Fourth Session.





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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 representatives of democratic governments of member states of the OAS in requesting the Government of Haiti to issue my wife the proper exit permit so that she may join me in Caracas*

Since the time of my departure and up to the present time, all efforts 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.

'via must recognize that the Embassy of Venezuela in Haiti has distinGuished itself by the welcome it has given to those fleeing from
Duvalier. From 19.58 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 comDlaints given under numbers 1 and 2 of Section B of this chapter.

That goverment 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 cf 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.





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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 Republic, 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 complaint by Haiti against that republic, presented to the OAS in 194+9.
At the time, Mr. Alfred Viau was serving the cause of that aggressor
country against his native land, trampling under foot the natural sentiments that patriotism should have inspired in him. This was a flagrant position for him to take, a public renunciation of Haitian
nationality.

Moreover, Mr. Viau has, without the consent of the Haitian Government, occupied public offices in the Dominican Republic, notably chairs
of French in the University of Santo Domingo.

Article 18 of the Haitian Civil Code, Qhapter II, 'On loss of citizenship,' 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. Gustave 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. A similar right is established in Article 25, pars. 1 and 2, of the Universal Declaration of Human Rights.





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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 opportuntiy 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
education.

B. Complaints involving violations of the right to education in Haiti The complaints contained in the communications received by the Commission with respect to the aforementioned human rights are that education in the Republic of Haiti is strictly controlled by the state, and that the present 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 faculty has been reorganized to include sympathizers and militants of the government party.

Herewith are presented the pertinent portions of the communications and complaints received:

.1. One of the complaints states as follows: 52

The National Union of University Students and Young People was
-- Isoved 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
the police.


52. Complaint No. 12, cited. First Special Session.





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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 arrested and several schools were closed.

3. The following quotation is from still another com~plaint:54

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 Acufta 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.


Sixth Session. Fifth Session.


CDH/3.51