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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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English

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

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ORGANIZATION OF AMERICAN STATES


OEA/Ser.L/V/I.83 Doc. 18
March 9, 1993 Original: Spanish


I I
f PA ~ ~


REPORT


ON THE SITUATION


OF


HUMAN RIGHTS


IN HAITI


GENERAL SECRETARIAT
ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C.
1993


(01


0i















JI W


Iqq 3




















Approved by the Commission at its 83Q Session
held from March 1-12, 1993








TABLE OF CONTENTS



INTRODUCTION . CHAPTER I - THE POLITICAL SITUATION IN HAITI .

1. Background .

2. The W ashington Accords .

3. The Villa d'Accueil Accord .

4. The Florida Declaration .

5. Parliamentary elections .

6. OAS resolutions and overtures to facilitate
the political dialogue . CHAPTER 11 - HUMAN RIGHTS SITUATION IN HAITI .

1 . Repression .

2. Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Right to personal liberty and humane treatment .

4. Freedom of thought and expression .

5. Right of Assem bly . CHAPTER III - THE REFUGEES . CONCLUSIONS . ANNEXES:

Press Releases of the IACHR . Declaration of the IACHR . Protocol of the W ashington Accords .

iii


Page

1

3

3

5

7

7

8


10 17 17 19 23 33 37

41












INTRODUCTION


1. The Inter-American Commission on Human Rights has continued to monitor closely the human rights situation in Haiti. It has found that since February 1992, when the latest follow-up report was presented, the situation in that country has deteriorated even further. Many people have been unlawfully detained, executed without benefit of trial, abused and tortured by members of the Armed Forces, the Police and civilian collaborators.

2. This report covers the period from February 1992 to February 1993. What follows is a description of developments in the Haitian political situation, the agreements reached by the parties and the resolutions and measures adopted by the Organization of American States to find a political solution to the Haitian crisis. Also described are the various complaints of human rights violations that the Commission has received from the victims themselves, from human rights groups active both within and outside the country and from other reliable sources. These have enabled the Commission to corroborate the facts from its headquarters in Washington, given the de facto government's refusal to cooperate with the Commission.

3. The Inter-American Commission on Human Rights has repeatedly asked the de facto government of Haiti to allow the Commission to conduct a visit to observe the human rights situation in situ. The Inter-American Commission on Human Rights informed the government of its decision to make two visits: the first was to be an exploratory visit, scheduled for December 13 through 15, 1992, while the second, the actual on-site visit, was to take place from January 11 through 15, 1993. The de facto government did not grant the requested permission. Quite the contrary, on December 8, the IACHR received a communication from the Ministry of Foreign Affairs of Haiti reporting that notification of the dates for those visits would be forthcoming within a matter of days, but it was not until one month later that the de facto authorities replied that "in a good-will gesture, the Haitian government had agreed to the presence of an OAS Civilian Mission


HAITI














































1 See Appendices, page 48.


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on Haitian territory, one of whose functions was precisely to evaluate the human rights situation in the country. It did not, therefore, believe that the visit by the Inter-American Commission on Human Rights, scheduled for January 15, 1993, was necessary."

4. In a press communique dated January 8, 1993,' the Inter-American Commission on Human Rights again expressed its interest in visiting Haiti to investigate, in situ, the very grave human rights violations. However, given the de facto government's refusal to cooperate with the Commission, it called upon all nongovernmental human rights organizations, particularly those working in Haiti, victims and their relatives, and anyone whose individual guarantees had been violated as a result of the political conflict, to forward their petitions for the Commission to act upon them.















































2 See resolutions CP/RES. 567 (870/92), AG/RES. 1080 (XXI-0/91).


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CHAPTER I


THE POLITICAL SITUATION IN HAITI

1. Background

5. The military coup that overthrew President Aristide on September 29, 1991, was immediately condemned by the Organization of American States. The Permanent Council held an urgent meeting on September 30, and voiced its most energetic condemnation of the events and demanded that
2
the democratically elected President be restored to power.

6. In a press release issued on October 1, 199 1, the Inter-American Commission on Human Rights added its voice to others, expressing grave concern over the events in Haiti, which had caused so many deaths. It pointed out that the coup in Haiti was a clear violation of the political rights and other fundamental rights and freedoms recognized in the American Convention on Human Rights.

7. Because of the seriousness of the events in Haiti, the Secretary General, in exercise of the authority given to him through the "Santiago Commitment", convened an Ad Hoc Meeting of Ministers of Foreign Affairs, held in Washington on October 2, 199 1. It approved the resolution "Support to the Democratic Government of Haiti" (MRE/RES. 1/9 1), wherein it resolved the following: "To urge the Inter-American Commission on Human Rights, in response to President Jean-Bertrand Aristide's request, to take immediately all measures within its competence to protect and defend human rights in Haiti and to report thereon to the Permanent Council of the Organization." Six days later, the Ad hoc Meeting of Ministers of Foreign Affairs urged the member states of the OAS to freeze the assets of the Haitian State and to level a trade embargo against Haiti. It created a Civilian Mission (OEA/DEMOC) to reestablish and strengthen constitutional democracy in Haiti






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(MRE/RES.2/91). On December 10, 1991, the Permanent Council of the OAS issued a resolution titled "Program to support the promotion of democracy."3

8. Taking into consideration resolution MRE/RES.1/91 and the many complaints of human rights violations, the Inter-American Commission conducted an exploratory visit to Haiti on December 5 and 7, 1991. The Chairman of the IACHR, Dr. Patrick Robinson, and its Vice Chairman, Dr. Marco Tulio Bruni Celli, presented their findings to the Permanent Council of the OAS on January 9, 1992,4 pointing out that the human rights situation in Haiti was highly volatile and extremely dangerous for a number of reasons: a very grave institutional crisis had been created; the vast majority of the Haitian people lived in desperately poor living conditions; the public was politically polarized; violence was routinely used to settle social differences, and there was no tradition of democratic custom and practice. They also said that such serious problems could only be resolved by the Haitian citizens themselves, with the cooperation of the international community.

9. During the second week of December 1991, the OAS Civilian Mission, headed by the former Minister of Foreign Affairs of Colombia, Mr. Augusto Ramfrez Ocampo, visited Haiti again, to resume the negotiations that had been suspended since the Cartagena meeting. On that occasion, three names were mentioned as possible candidates for Prime Minister: Mr. Victor Benoit, Secretary General of the National Committee of the Congress of Democratic Movements (KONAKOM) who had the support of President Aristide; Mr. Marc Bazin, a former presidential candidate and leader of the Movement to Establish Haitian Democracy (MIDH), and Mr. Ren6 Th6odore, Secretary General of the Haitian Communist Party (PUCH), now called the National Reconstruction Movement (MRN). Near the end of December, Mr. Th6odore agreed to be a consensus candidate and by mid-February the House of Deputies of Haiti publicly announced its support for Mr. Th6odore's appointment as Prime Minister.

3 Res. OEA/Ser.G, CP/RES. 572 (882/91).

4 See Annual Report of the IACHR for 1991, OEA/Ser.L.V.II.81, doc. 6, rev. 1,
February 14, 1992, pp. 225-247.









1. The Washington Accords

10. Because the climate was right to undertake negotiations, the Organization of American States sponsored a meeting in Washington for the second week of January 1992, a meeting that was not held because the negotiating parties could not come to an agreement. Later, the OAS sponsored a meeting on February 23 and 25, 1992, to work out a compromise so that a political solution could be found to the Haitian situation. Participating in that meeting were the deposed President Aristide, who was accompanied by Mr. Evans Paul, former mayor of Port-au-Prince, Mr. Ren6 Th6odore and a parliamentary delegation headed by the presidents of the two houses of Parliament, Senator D6jean B61izaire and Deputy Alexandre M6dard.

11. At the close of that meeting, the negotiating parties signed the Protocol of Agreement of Washington whereby they undertook to guarantee the civil freedoms and to enable political parties and civilian organizations to function freely in Haiti, in a context of respect for the Haitian Constitution.

12. The Protocol acknowledged the need to ensure the return of President Jean-Bertrand Aristide and to restore him to his functions in government; to prepare and enact laws that would put into practice the institutions provided for under the Constitution, such as the law on territorial communities, the law on the separation of the police from the armed forces, and the law governing the Citizens' Protection Bureau. It was further agreed to foster, through laws and regulations, enforcement of a policy of social peace and economic recovery.

13. It was also agreed that President Aristide was to pledge to respect the instruments presented or ratified by the Haitian Parliament and, in the event of a disagreement between the Executive Power and the Legislative Power, either could turn to the Conciliation Commission, pursuant to article 111-5 of the Constitution. It was also agreed that in President Aristide's absence, the Prime Minister would direct the affairs of State, in accordance with Article 148 of the Constitution.






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14. The parties acknowledged the need to declare a general amnesty, save for common criminals and to request the OAS and the international community to provide urgent and substantial assistance to the national consensus government to enable it to reactivate the Haitian economy, promote social welfare, transform the Armed Forces and the Police into professional institutions and strengthen democratic institutions.

15. At that meeting, a Protocol of Agreement was also signed between President Jean-Bertrand Aristide and the Prime Minister designate, Ren6 Th6odore, who pledged to create the conditions necessary for President Aristide's return.

16. Though the international community reacted very favorably to the Protocols of Washington, the parties did not demonstrate a willingness to comply with them. In a television interview some days later, President Aristide reiterated that he was opposed to the amnesty for the military involved in the coup d'6tat and that the accords did not specify an exact date for his return.

17. Moreover, while the Protocols represented an enormous effort to find a political solution to the Haitian situation, it was very difficult to translate those agreements into practice. First, the fact that the military and the de facto government were not parties to those agreements suggested from the outset that they would not be accepted and that the Army would be opposed to any type of investigation into the human rights violations that had occurred during and after the coup d'6tat. Moreover, Parliament was unable to ratify the agreements because the quorum necessary in the two houses was lacking. Later, the de facto Government submitted the Washington Accords to the Court of Cassation for an opinion on their legality. The Supreme Court declared them unconstitutional and with no legal validity; it also ruled that the principle of the separation of powers, stipulated in the Haitian Constitution, was violated when the parliamentarians signed the document and that, under Article 98, paragraphs 2 and 3, these agreements could not be submitted to the National Assembly for ratification.






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2. The Villa d'Accueil Accord


1 8. The de facto government did not recognize the Washington Accords and decided instead to create a Tripartite Commission: the de facto government was represented in the person of the de facto prime minister, Mr. Jean-Jacques Honorat; the Legislature was represented by Mr. D6jean B36lizaire, president of the Senate, and by Mr. Alexandre M6dard, president of the House of Deputies; and for the first time the Armed Forces were represented, in the person of Raoul C6dras, their Commander-in-Chief. This time, President Aristide and his supporters were excluded.

19. The negotiations culminated on May 8, 1992, with the so-called Tripartite Agreement of Villa d'Accueil which, as one might expect, did not recognize Aristide as the Constitutional President. Under the Agreement, a decision was made to create a consensus government for the purpose of negotiating the lifting of the embargo and resuming negotiations with the Organization of American States. Later, Mr. N~rette, president of the de facto government, resigned his post. Mr. Marc Bazin was designated Prime Minister, with the approval of the military and a questionable Senate majority. It must be emphasized that these negotiations and the Prime Minister's designation were in direct contravention of the resolutions of the Ad-hoc Meeting of Foreign Affairs (MRE/RES 2/91 and MRE/RES 3/92).

3. The Florida Declaration

20. When the Washington Accords were abandoned and changes occurred on the political scene in Haiti, President Aristide launched a new negotiating process and convoked a meeting, held in Miami, June 26 through 29, 1 992. Present were a number of political leaders who supported the restoration of democracy in Haiti. At the end of the meeting, a document entitled "For National Accord" was adopted. Also known as the "Florida Declaration," it reasserted the need to find a negotiated political solution and, to that end, the assistance of the Secretary General of the Organization of American States and the Secretary-General of the United Nations were requested. In that declaration, the OAS was also asked to send a Civilian Mission to resume the political dialogue in Haiti.






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4. Parliamentary elections

21. On December 28, 1992, Haiti's Electoral Council announced that the date for elections of new members of Parliament had been set for January 1 8, 1993 (One-third of the Senate. This date would also be used to fill some non-elected vacant positions in the Chamber of deputies). The Permanent Council of the OAS described the announcement as an unlawful act designed to patently obstruct the most recent efforts that the Organization of American States and the United Nations are making to restore democratic institutions in Haiti. (CP/DEC.8 (927/93).

22. At the time of the elections, the Senate was divided into two groups: a group called the Constitutionalist Bloc and another called the Alliance for Parliamentary Cohesion, who were seeking the removal of the de facto prime minister Marc Bazin.

23. The reaction from political quarters was also immediate. Six political parties -the National Agricultural and Industrial Party (PAIN), the Democratic Movement for Haitian Liberation and the Haitian Democrat Revolutionary Party (MODELH-PRDH), the National Development Mobilization Party (MDN), the National Reconstruction Movement (MRN), the Haitian Party of God (PARADIS) and the Movement to Organize the Country (MOP)published the "Declaration of a Common Policy" wherein they demanded the ending of the Ville d'Accueil Tripartite Agreement and nullification of the process to set up the Special Electoral Council. The Progressive 'National Democrats (RDNP) later added their support to that declaration. The Haitian National Revolutionary Progressive Party (PANPRA) declared that it first wanted assurances of the trustworthiness of the Senate election before making any commitment. The Patriotic Nationalist Movement of November 28 (MNP-28) launched its election campaign on January 3. Mr. Gr6goire Eugene, Chairman of the Haitian Social Christian Party (PSCH), withdrew from the election campaign alleging numerous irregularities in the election process.

24. The 64 candidates up for election were for the most part from parties that supported the de facto government and included the Movement for the Establishment of Democracy in Haiti (MIDH), the Haitian Christian









Democratic Party (PDCH), the Patriotic Nationalist Movement (MNP-28), the Haitian Revolutionary Progressive National Party (PANPRA) and a number of independent candidates. About 1 5 political parties decided not to put up candidates for those elections. The opposition, whose numbers included President Aristide's followers as well as rivals, called for a boycott and a "closed-door" session on the grounds that the elections were "rigged in advance".

25. Days before the elections, the Haitian Electoral Council reported a number of terrorist attacks on Registration and Voting Offices (BIV) in the Southern Department, which left several people wounded. On the day set for the parliamentary elections, businesses and schools closed, fearing that acts of violence would break out as they had on previous occasions. In recent months, a number of bombs had exploded in the capital city, leaving two of the bombers dead. The police said that the bombings were the work of sympathizers of the deposed President Aristide, though no one ever claimed responsibility for them.

26, Voter turnout for the parliamentary elections was very low. According to official tallies, 561,1 24 voters exercised their vote. On electionday night, citing a number of irregularities, the Electoral Council nullified the voting in the Western Department where the capital city is located.

27. Following the elections on January 1 8, 1 993, listed below are the names of the new senators and deputies of the Parliament:

Gabriel Ancion (independent), Southeast Department Rommel Manigat (MIDH), Northern Department Amos Andr6 (outgoing Senator of PANPRA), Northeast Department Margaret Martin (MIDH), Southeast Department Dejean Belizaire (outgoing Senator of the MNP-28) Serge Gilles (outgoing Senator of PANPRA), Central Department Yves Rousseau (independent), Southern Department Luis Ney Gilles (MIDH), Grand'Anse Department Osni Eugene (MIDH), Northwestern Department Guillaume Saint Jean (MIDH), Northern Department Diomede Th~odore (MIDH), Northern Department






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Arincks Jean Pierre (MIDH), Northeastern Department Brignole Mond6sir (PANPRA), Grand'Anse Department

28. In a press release, the Haitian Electoral Council announced that given the final results of the first round of legislative elections, held on January 18, 1993, the second round of voting, scheduled for January 25, would not have to be held.

5. OAS resolutions and overtures to facilitate the political dialogue

29. On the occasion of the OAS General Assembly, held in Nassau, The Bahamas, May 1 8 through 22, 1 992, the Ad Hoc Meeting of Ministers of Foreign Affairs passed a resolution on "Restoration of Democracy in Haiti" (MREIRES.3192), wherein it reiterated the previous resolutions and urged the member states to adopt additional measures to extend and step up the trade embargo against Haiti and increase the humanitarian assistance targeted at the most impoverished sectors of the Haitian public. The member states were also urged either not to grant or to revoke, as the case may be, entry visas extended to the authors of the coup d'6tat and their sympathizers and to freeze their assets. The Ministers of.Foreign Affairs again asked the InterAmerican Commission on Human Rights to continue to monitor closely the situation in Haiti and to keep the Ad Hoc Meeting informed by way of the Permanent Council.I

30. In an effort to find new opportunities and to establish new terms to resume political negotiations, the Organization of American States sent a mission to Haiti August 18 through 21, 1992, headed by Secretary General Ambassador Jo~o Clemente Baena Soares and consisting of several ambassadors, the Chairman of the Inter-American Commission on Human Rights, Dr. Marco Tulio Bruni Celli, and representatives of the Caribbean Community (CARICOM), the United Nations (UN) and the European Economic Community (EEC).

31. That mission's efforts led to a new round of talks at the OAS on September 1, between Father Antoine Adri~n, President Aristide's envoy, and Foreign Minister Francois Benoit, the envoy for de facto prime minister Marc Bazin. There, it was decided that an 1 8-man mission would be sent to help






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reduce the violence in general and encourage respect for human rights, cooperate in distributing the humanitarian assistance and assess the progress made toward a political solution to the Haitian crisis. The Civilian Mission, in which the former Prime Minister of Jamaica, Mr. Michael Manley participated, began its work in mid-September 1992.

32. Even though the Minister of Foreign Affairs of the de facto government, Mr. Francois Benoit, had authorized the arrival of the 18 OAS observers, who were to spread out through the geographic departments, three months later officials in Port-au-Prince told the civilian delegation that their presence "had no legal basis" and that "there was no way their safety and their freedom of movement in the country's interior could be guaranteed".

33. Through a resolution passed on November 10, 1992 (CP/RES. 594 (923/92), the Permanent Council of the OAS decided to urge the member states of the United Nations to renew their support by adopting measures that were consistent with the previous resolutions approved by the OAS. It also urged the member states of the OAS and the United Nations to increase their humanitarian assistance to the Haitian people and asked the United Nations to participate in the OAS Civilian Mission to bring about a peaceful solution to the crisis.

34. As serious human rights violations in Haiti persisted and worsened, and with the repercussions of the increased number of Haitians seeking refuge in neighboring member countries, the Ad Hoc Meeting of Ministers of Foreign Affairs decided, through a resolution of December 13 (MRE/RES.4/92), to reaffirm its earlier resolutions and to instruct the President of the Ad Hoc Meeting and the Secretary General of the OAS to make an additional effort with all Haitian sectors as a matter of urgency and in close cooperation with the United Nations Secretary-General, to facilitate political dialogue among them to restore democratic institutions in Haiti; this effort should initially be designed to bring about, as soon as possible, a substantial increase in the OAS civil presence. The OAS Secretary General was given a mandate so that, in conjunction with the UN Secretary-General, he might examine the possibility and advisability of bringing the Haitian situation to the attention of the United Nations Security Council as a means






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to bring about global application of the trade embargo recommended by the OAS. In that resolution, the President of the Ad Hoc Meeting and the Secretary General of the OAS were also instructed to "cooperate in the efforts of the Chairman of the Inter-American Commission on Human Rights, in light of the serious and continuing human rights violations in Haiti and the refusal of the current de facto authorities to allow the Commission to conduct an on-site visit as soon as possible."

35. A few days after the Ad Hoc Meeting of Ministers of Foreign Affairs, the United Nations Secretary-General appointed the former Minister of Foreign Affairs of Argentina, Mr. Dante Caputo, as his personal representative. The latter immediately made an exploratory visit in Haiti, seeking a solution to the crisis in that country. The OAS Secretary General met with Mr. Caputo, after which he announced to the Permanent Council, on January 13, 1993, that Mr. Caputo had been appointed his personal representative.

36. In late January, the efforts of the UN-OAS representative to reach an agreement on a Civilian Mission (400 observers) were complicated when the de facto prime minister, Marc Bazin, rejected the format and methods of the mission, stating that his government, the Army and the Parliament had agreed to have the mission sent and help find a negotiated solution to the Haitian crisis, but that in his opinion the solution risked becoming "a kind of international caretaker arrangement".

37. In the face of these new events, Mr. Caputo traveled to Port-auPrince to meet with the de facto authorities. Upon his arrival, hundreds of persons gathered to protest the plan to send an international civil mission.

38. As this report was nearing completion, an agreement was reached between the de facto authorities and the Special Representative of the Secretary General of the OAS, which would allow deployment of the OAS-UN Civilian Mission in Haiti. Its priority mandate would be to help guarantee respect for human rights, thus creating the climate needed to reach a political solution to restore constitutional democracy in Haiti. Depending upon events, the Civilian Mission might also help strengthen and modernize democratic institutions, particularly with efforts to reform the judiciary, raise






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the professional calibre of the Armed Forces, create a specialized police force and get international technical cooperation flowing again, in accordance with the terms of the resolutions adopted by the Ad hoc Meetings of Ministers of Foreign Affairs.

39. During its 83rd session (March 1 through 12, 1993), the InterAmerican Commission on Human Rights received President Jean-Bertrand Aristide, who was accompanied by Mr. Ren6 Pr6vaI, Mrs. Anne Edeline Francois and Mrs. Mildred Trouillot. President Aristide spoke of the human rights situation in Haiti, emphasizing that the military were violating those rights with impunity. He said that the IACHR's presence in Haiti was essential and asked that the appropriate overtures be made to secure the member states' support, with a view to compelling the military regime to agree to the Commission's presence in Haiti.

40. President Aristide also said that were the IACHR to remain in Haiti for some time, strategies could be devised for projects and programs to protect human rights and, in the process, to professionalize the army and police and strengthen the courts. Paralleling this, he said, could be a civic education campaign for the entire Haitian population.

41. Before concluding the meeting, the Commission received a communication from Haiti's Permanent Mission to the OAS, by means of which it formally presented the points expressed by President Jean-Bertrand Aristide on the problems of human rights. Because of its importance the Commission decided to include this communication in extenso:


PERMANENT MISSION OF HAITI
TO THE ORGANIZATION OF AMERICAN STATES WASHINGTON

MPH/OEA/93-045

The Permanent Mission of Haiti to the Organization of American States presents its compliments to the Inter-American Commission on Human Rights and has the honor to submit in support of the speech of President Jean-





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Bertrand Aristide the points of the Government of the Republic on the problem of human rights in Haiti and on its prevention.

The Mission wishes first of all to recall the first resolution on the role of the Commission in the present crisis in Haiti. In paragraph 4 of its first resolution (MRE/RES.1/91) the ad hoc Meeting of Ministers of Foreign Affairs of the OAS renews the request of the President of the Republic on the presence of the Inter-American Commission on Human Rights in Haiti.

The International Civilian Mission was requested by the second resolution (MRE/RES.2/91), yet it is already deploying in Haiti, whereas the InterAmerican Commission on Human Rights has not yet been able to gain admittance there. The Civilian Mission is in Haiti only because of the expression of the political will of the member States. And only this political will can enable the Inter-American Commission on Human Rights to secure respect for its mandates by the military dictatorship in Haiti.

In view of the importance of participation by the Inter-American Commission on Human Rights in the resolution of the political crisis in our country and in setting up a stable democratic system, the Government reiterates its request for a presence of the Commission in Haiti and avails itself of the opportunity to specify the components of its request.

a) The Government of the Republic requests the Commission to take all
political steps needed to enlist the support of the member States in compelling the military regime to accept the presence 'of the
Commission in Haiti.

b) The Government requests the Commission to install a permanent
presence in Haiti for three months with the task of preparing a package of projects and programs for securing respect for human
rights in Haiti.

c) The Government requests the Commission to establish terms for
close collaboration with the International Civilian Mission, and most particularly with the members of the Mission that belong to the
Organization of American States.






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The Government recalls paragraph 6 of resolution MRE/RES.3/92, in which the Ministers of Foreign Affairs of the Organization request the Commission to fulfill its mandates in regard to Haiti.

The Government requests the Commission to take account of all violations as reported by the different international and national organizations.

The Government draws the attention of the Commission to the holding of elections by the military regime in violation of the articles of the Haitian Constitution on the establishment of territorial assemblies, the establishment and composition of the Electoral Council, and measures guaranteeing the exercise of civil and political rights.

The Government requests the Commission not only to proceed with its current work, but to emphasize evaluation of the conditions of imprisonment, of investigations and other judicial procedures, the conduct of trials, and the independence of the judicial branch.

The Government requests the Commission to give special attention -to violations of the rights of women and children.

The Government asks the Commission to consider ways to end the traditional impunity that surrounds the crimes committed by the Armed Forces of Haiti. It would like to insist on the rights of the victims and of their assigns to reparations, damages and interest.

The Commission must also focus on the protection of human rights and the prevention of violations and abuses. The Government of the Republic wishes to thank the Commission and its Executive Secretariat for their participation in the workshop organized by ourselves under its sponsorship and that of the United Nations in New York from 18 to 20 November 1992.

The Government wishes the Commission to set up, and to find the funding needed to launch in conjunction with the national nongovernmental organizations, a broad adult education program targeted at specific groups: the economic and political elites, public officialdom, the military and the police,






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teachers and students. This program must make use of all available audiovisual aids, and eventually develop its own.

The Government of the Republic requests the Commission to evaluate the irregularities engendered in the administration of justice by the country's particular sociolinguistic structure and to frame a set of proposals for achieving increasing transparency in the management of social disputes by the judicial branch.

The Permanent Mission of Haiti to the Organization of American States thanks the Inter-American Commission on Human Rights for its attention to the above and avails itself of the occasion to proffer renewed assurances of its very high consideration.



Washington, D.C., March 10, 1993




Inter-American Commission on Human Rights 1889 F Street, N.W.
Washington, D.C.






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CHAPTER 11


HUMAN RIGHTS SITUATION IN HAITI


1. Repression

42. After the coup d'6tat in Haiti, the human rights situation continued to deteriorate. The Commission has learned of the repression exercised by the military against the Haitian public. As pointed out in the introduction, many people have been unlawfully detained, summarily executed, mistreated and tortured by members of the Armed Forces, the Police and civilian collaborators. In the majority of the cases, the victims have been followers of the deposed President Jean Bertrand Aristide; in other cases, the victims are people who were simply suspected of being Aristide supporters. Any type of demonstration or meeting has been violently suppressed and journalists have not been allowed to learn the facts. Many of these victims are members of grassroots and human rights organizations, students, journalists, peasants, merchants and members of the Catholic Church.

43. The illegal searches of homes and inspections of vehicles that the military conduct at any hour of the day have created a climate of fear among the people, who feel defenseless in the face of abuses of every possible type. One example is the case of Monsignor Romelus, who on several occasions was stopped so that the vehicle in which he was travelling could be inspected. He also received threats at his residence.

44. In rural areas, the repression and violence have become worse with the reinstatement of the "section chiefs" who act with the acquiescence of the military and with complete impunity. In the capital city and in the provinces, the people are victims of the corruption of the de facto authorities and of the extortion practiced by military personnel against civilians, demanding that they hand over money to avoid being arrested or mistreated, or simply to improve their living conditions in detention centers and sometimes even to secure their release. The corruption in the














































5 See Annual Report of the 1ACHR 1991, Dp.cit, pp. 225-247.


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administration of justice has prevented the victims of these abuses from being able to exercise their judicial guarantees.

45. The climate of fear and insecurity that exists in Haiti have has caused a large percentage of the population to move, seeking refuge in the country's interior, thereby being forced to abandon their homes and go into permanent hiding. In its earlier report, the IACHR noted that some 300,000 individuals had been affected by this massive displacement.' In other cases, many Haitians have been forced to flee the country aboard unsafe boats, to seek asylum in the United States.

46. The practice of "preventive" repression used by the Armed Forces against the civilian population and the deterioration of the political situation have fostered a series of violations of individual guarantees, among them the right to life, to humane treatment, to personal liberty, to freedom of thought and of expression, and the right of assembly and association, all protected under the American Convention on Human Rights to which the Republic of Haiti is a State Party. This section contains a description of some of the cases that the IACHR has received during the period covered by this report.






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2. Right to life


Legal provisions

47. The right to life is recognized in Article 4 of the American Convention on Human Rights as follows:


1 . Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of
conception. No one shall be arbitrarily deprived of his life.

2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall
not be extended to crimes to which it does not presently apply.

3. The death penalty shall not be reestablished in states that have
abolished it.

4. In no case shall capital punishment be inflicted for political
offences or related common crimes.

5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women.

6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by competent authority.






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In articles 19 and 20, the 1987 Haitian Constitution establishes the guarantees of the right to life. They read as follows:

Article 19:

The State has the absolute obligation to guarantee the right to lifehealth, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the
Rights of Man.

Article 20:

The death penalty is abolished in all cases.

48. As for the right to life, the Commission has observed that extrajudicial executions have not stopped. Numerous sources have reported that it is very difficult say exactly how many people have died by summary execution. In some cases the bodies of the victims are immediately taken away by the military to avoid any possible investigation. In other cases the executions are not reported, since the media are being constantly intimidated. However, some human rights groups that operate in Haiti estimate that between October 1991 and August 1992, there were 3,000 extrajudicial executions and that 89% of them were in Port-au-Prince.

49. The summary executions are clearly politically motivated. Most of them occurred in the poorer neighborhoods of Port-au-Prince, particularly those where support for the deposed President Aristide is strongest. At the present time, as part of a campaign of "preventive repression" being waged by the military, the victims have been individuals who are merely suspected of being his supporters.

50. In February 1992, four young men from the Platoon (Bel-Air) area of Port-au-Prince were detained by two military men identified as being attached to the "Fort Dimanche" garrison. The day following their detention, the parents of one of. the young men, Odner Lamitie', went to the city's various detention centers in an effort to locate his son. Finally, his body was






-21 -


found at the morgue of the General Hospital, along with the bodies of his other three companions. The four bodies had bullet wounds.

51. In May, extrajudicial executions increased. Military, accompanied by armed civilians, made late-night incursions into poor neighborhoods of Port-au-Prince, searching houses and beating and shooting their inhabitants. Dozens of bodies were found, particularly in the Carrefour and Cit6 Soleil neighborhoods. On May 1 9, after an airplane flew over the city of Port-au-Prince showering pamphlets with a photograph of President Aristide, five people were shot to death.

52. On May 26, Georges lzm6ry, brother of a well-known follower of President Aristide, was shot in the back in front of hundreds of witnesses, by a group of soldiers in civilian dress. After the shooting, the men fled into the Police Station known as the "Cafeterfa", located a short distance from the scene of the events. When the police came, they did not allow the relatives to go near him or take him to a hospital for treatment. The police took Mr. Georges lzm~ry to the General Hospital. The family doctor was not allowed to enter the morgue, and was only allowed to reclaim the body three days later, after an attorney intervened.

53. Prior to the events, the home of Mr. Georges lzm6ry was searched by police who did not have a legal warrant. A domestic was beaten and taken to prison for no reason; that night she was released. Mr. lzm6ry's funeral was interrupted by a group of heavily armed men who were carrying a sophisticated communication system. The people in the funeral cortege were scattered and some were arrested and beaten.

54. In the last weeks of May and in the month of June, there were a number of student demonstrations supporting President Aristide's return. The police used violence to break up the -demonstrations and a number of students were killed. On August 1 9, the bodies of three young men who had been hanging posters of President Aristide in connection with the forthcoming visit of the OAS Mission, were found in the Port-au-Prince morgue. The young men had been arrested the day before by members of the Armed Forces. One of the victims, Martine Remilien, was co-founder of the new political party called "Open the Doors".






-22-


55. On August 3, the IACHR received a petition concerning the death of Mr. Robinson Joseph, former director of "Radio Lumi6re". He was killed on a busy street in Port-au-Prince when, according to police, Mr. Joseph tried to evade an automobile check-point and they fired on him.

56. Another case was that of Mr. Marcel Fleurzil, an active member of KONAKOM. On September 3, his bullet-ridden body was found near the national telephone company. In the second week of September, the Commission received a report denouncing the abduction of Marcel Touillot, who was abducted by armed men and taken away in a military jeep for some unknown destination. His body was found later in the capital city morgue. That same month, the body of Marcel Almonacyl, Mayor of Anse d'Hainault, was found. It showed visible signs of torture. The victim's brother was a priest and his death was thought to be linked to the harassment and threats targeted against members of the Haitian Catholic Church.

57. In late November, the army and paramilitary forces continued the repression. Petitions were received concerning the abduction and subsequent murder of Jacques Derenoncourt and Wesner Luc, and the disappearance of Justin Br6sil, all members of the KONAKOM political party. Another petition concerned an attack on students at the Agronomy School who were conducting a peaceful demonstration. Some had bullet wounds and twelve were missing. In cases like these, it has been very difficult to determine whether the victims have died or are in hiding out of fear of being arrested by military authorities.

58. On December 5, Jean-Sony Philogene and six other young men were detained by a group of armed men. They were taken away in a jeep to Titaynen, a common grave into which corpses are thrown,' where they were shot. Philogene was the lone survivor of the massacre and managed to get as far as the national highway, where he was helped by a driver and taken to the St. Francois de Salles Hospital. The hospital refused to admit him. Thanks to a doctor, however, Philogene was immediately taken to the


6 The IACHR's 1992 Annual Report speaks of these common graves, where many
bodies are found with bullet wounds and visible signs of torture.






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Canap6 Vert Hospital. The next day, after undergoing surgery, a number of military men in uniform appeared at the hospital asking for him. Later, his grandmother was present in his hospital room when a group of five armed men entered and riddled him with bullets.

59. The Commission has forwarded these cases but in not one of them have the de facto authorities replied.


3. Right to personal liberty and humane treatment

Legal provisions

60. The right to personal liberty is recognized in Article 7 of the American Convention on Human Rights, as follows:

1 . Every person has the right to personal liberty and security.

2. No one shall be deprived of his physical liberty except for the reason and under the conditions established beforehand by the constitution of the State Party concerned or by a law established
pursuant thereto.

3. No one shall be subject to arbitrary arrest or imprisonment.

4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or
charges against him.

5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for
trial. ,






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6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek
these remedies.

7. No one shall be detained for debt. This principle shall not limit the orders of a competent judicial authority issued for
nonfulfillment of duties of support.

The right to humane treatment is upheld in Article 5 of that Convention, which provides the following:

1. Every person has the right to have his physical, mental and
moral integrity respected.

2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the
human person.

3. Punishment shall not extended to any person other than the
criminal.

4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted
persons.

5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as






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possible, so that they may be treated in accordance with their
status as minors.

6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the
prisoners.

Articles 24, 25, 26 and 27 of the 1987 Haitian Constitution contain the individual's legal guarantees in respect of personal liberty and humane treatment. They read as follows:

Article 24:

Individual liberty is guaranteed and protected by the State.

Article 24-1:

No one may be prosecuted, arrested or detained except in the
cases determined by law and in the manner it prescribes.

Article 24-2:

Except where the perpetrator of a crime is caught in the act, no one may be arrested or detained other than by written order of a
legally competent official.

Article 24-3:

For such an order to be carried out, the following requirements
must be met:

a) It must formally state the reason in Creole and in French
for the arrest or detention and the provision of the law
that provides for punishment of the act charged;

b) Legal notice must be given and a copy of the order must
be left with the accused at the time of its execution;






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c) The accused must be notified of his right to be assisted by
counsel at all phases of the investigation of the case up to
the final judgment;

d) Except where the perpetrator of a crime is caught in the
act, no arrest by warrant and no search may take place
between six (6) p.m. and six (6) a.m.;

e) Responsibility for an offense is personal, and no one may
be arrested in the place of another.

Article 25:

Any unnecessary force or restraint in the apprehension of a person or in keeping him under arrest, or any psychological pressure or physical brutality, especially during interrogation, is forbidden.

Article 25-1:

No one may be interrogated without his attorney or a witness of his choice being present.

Article 26:

No one may be kept under arrest more than forty-eight (48) hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a wellfounded decision.

Article 26-1:

In the case of a petty violation, the accused shall be referred to a justice of the peace, who shall then hand down a final decision;

In the case of more serious offenses or crimes, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the competent civil court, who, on the basis






-27-


of the oral statement of the prosecutor, shall rule on the legality of the arrest and detention, in a special session of the court, without postponement or rotation of judges, all other cases being
suspended.

Article 26-2:

If the arrest is judged to be illegal, the judge shall order the immediate release of the arrested person and that order shall be enforceable immediately, regardless of any appeal to a higher court or the Supreme Court for an order forbidding enforcement of the
judgment.

Article 27:

Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the
body to which they belong.

61. The legal system of Haiti provides for officials whose functions are to serve the State by prosecuting criminals and safeguarding the rights of individuals: the district court prosecutor (commissaire du gouvemement) and examining magistrate.

62. As for violations of the rights to personal liberty and humane treatment, the Commission continues to receive numerous petitions involving individuals who have been arbitrarily arrested by members of the security forces. The majority of these arrests are carried out without a court order and after the hours stipulated by law. The detainees remain in prison for days and even months, without being brought before a judge. This is a violation of the Constitution, which stipulates that all persons who are detained are to be brought before a judge within 48 hours. In some cases the victims are released without ever being charged.






-28-


63. The many pieces of testimony provided by the victims indicate that the arrests are always accompanied by mistreatment and even torture. At present, the practice of extorting money from detainees is widespread. Money is demanded of them to avoid being taken to prison or tortured.

64. The arbitrary arrests are particularly common among people suspected of being supporters of President Aristide and of participating in opposition activities. The mere fact of possessing a photograph of Aristide is grounds for arrest. In the capital and in the countryside, leaders of grassroots organizations, of human rights groups, priests, nuns and journalists have been unlawfully arrested. Many of them have been forced to abandon their work.

65. Human rights groups operating in Haiti have recorded 5,096 cases of unlawful arrests between October 1991 and November 1992. Thirty-f our percent of these cases occurred in Port-au-Prince, 1 6.30 % in the Department of Artibonite, 13.35% in the Northern Department, 12.79% in the Central Plateau region and 9.02% in the Southern Department; the other cases were divided among the country's other regions.

66. On March 21, 1992, Dully Ox6va and D36rose Eranor, peasants from the Thomonde region (Central Department), were arrested by members of the security forces in Mirebalais, where they lived until soldiers burned down their home and silo. Ox6va and Eranor, members of the "Mouvement Paysan de Papaye" (MPP), were severely beaten and held in custody at the Mirebalais garrison. According to witnesses, soldiers asked their relatives for $31 .00 in exchange for their release. The two men were released on April 23 and immediately arrested again.

67. Henry Nicolas, an active member of various grassroots organizations, was arrested on March 29, 1 992, in Cap-Halftien. A justice of the peace and four soldiers appeared at his home and proceeded to inspect it, apparently without having a proper court order. Even though there was nothing there to compromise Mr. Nicolas, they took him to the Cap-Ha~tien prison. One month later he was released, without ever having been charged.






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68. Again in March, Elv~us Elissaint and Dorzius Benniss6, two catechists, and Piersaint Piersius, prominent in the Protestant Church, were arrested without a warrant for having attended two meetings with Father Gilles Danroc, the Verrette priest. The three people were beaten and the section chief who had arrested them broke the barrel of his rifle on EIv6us Elissaint's back.

69. On April 27, Sister Clemencia Ascanio, a Venezuelan religious, was detained along with two Dominican women when the military discovered that the bus in which they were travelling was carrying boxes containing calendars with President Aristide's photograph. The arrest was made at Mallepasse, near the Dominican border, from whence the three women were travelling. The passengers on the bus were taken to Croix-des-Bouquets Garrison; most were released when they said that the nun was the one carrying the calendars. Two days later, the three women were brought before the Public Prosecutor's Office in Port-au-Prince and released on May
2.

70. That same month, Mol6on Lebrun, a leader of the Bois de Lance Young Farmers' Association, was detained by police without a warrant and beaten after he participated in a demonstration in Bois de Lance (Northern Department). Five other people were arrested with him, Marc Magloire, Jean Magloire, Appolis Lebrun, Yves Lebrun and Jean Luma, but later released, once each had paid $600.00. Mol6on Lebrun remained in prison when he was unable to pay the sum of $800.00 for his release. He was later transferred to the Cap-Ha'tien prison, in a very bad state of health because of the beatings and mistreatment he endured on the day of the arrest.

71. Patrick Morisseau, a teacher and member of the "Komit6 Jen Kafou Peyan" Youth Association of Carrefour P6an and follower of Lavalas, was arrested by police near Delmas, in Port-au-Prince, on May 25. Morisseau was beaten at the time of his arrest and transferred to the Anti-gang Investigation Service, where he remained until he was released on June 10. Claire Edouard, mother of Patrick Morisseau, was murdered in her home the night after her son's arrest. Several neighbors said that she was killed by members of the security forces; the neighbors had been forced out of their homes and made to witness the execution.






-30-


72. Also during the month of May, R~my Amazon, director of the Frantz Guillit school and former assistant to the Mayor of Cayes (under the Aristide Government), was arrested along with a number of other people in Cayes. The arrests were in retaliation for an armed attack on a military facility in Camp Perrin, by unidentified men carrying banners bearing the inscription "Democracy or Death". Some of those arrested, Amazan among them, were taken to detention facilities in Port-au-Prince and then released.


73. In Cayes, priests were a particular target of arbitrary arrests, and had sometimes been mistreated, threatened, had their homes searched and their files destroyed. In June, Father Denis Verdier, director of Caritas, Father Gilles Danroc, coordinator of the National Commission for Justice and Peace, Father Sony D6coste, Father Marcel Bussels and Brother Jean-Baptiste Cass6us were arrested by security forces and released two days later. Mr. Milo Batista and Carl Henri Richardson were arrested under similar circumstances.


74. Starting in August 1992, arbitrary arrests by police and section
chiefs and their adjutants increased. The Commission received numerous petitions, all of them involving individuals who supported President Aristide's return or who were found to have photos of Aristide in their homes. In most such cases, the arrests were accompanied by mistreatment and torture. The victims are the following:


Name Place of arrest Date

Altide Louisdor Hinche 06/07/92
Liliane Pierre-Paul Mallepasse 08/07/92
Hubert Pascal Petit-Goave 08/11/92
Vonel St-Germain Jacmel 08/12/92
Brunel Jacquelin Port-au-Prince 08/31/92
Father Valery Rebecca Port-au-Prince 08/26/92
Moises Jean-Charles Cap-Ha'tien 08/22/92
Yolette Etienne Port-au-Prince 09/01/92






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Inelda Cesar Jean Kedner Bazelais Lucien Pardo Frenel R6gis Destinas Vilsaint Simeon Simeus Carlo Bassette Mathurin Vincent Travil Lamour Eliphete Abeltus M6res F6d6 Dorsee Laplace Thomas Andr6 Rodrigue Flaman Solon Cadet Bahurel Medelus Louis Germain Antoine Augustin Maurice Danucy


Port-au-Prince Port-au-Prince Gonaives Saut d'Eau Plateau Central Port-a-Piment Port-au-Prince Nippes Nippes Nippes Limb6 Mirebalais Verettes Port-au-Prince. Lascahobas Plateau-Central Savanette Savanette Savanette Cap-Haftien Bainet


09/01/92 09/01/92 09/03/92 09/01/92 09/05/92 09/13/92 09/24/92 09/24/92 09/24/92 10/02/92 10/03/92 10/26/92 10/31/92 11/01/92 12/03/92 12/03/92 12/03/92 12/05/92 12/08/92


75. In mid January 1993, the Commission was informed of the arrest of Mr. Antoine Izm6ry. According to the police, he was arrested because he was driving without a license. He was held in prison for three days. Normally this type of traffic violation means a fine, and not imprisonment. According to reports received, the arrest was made after Mr. lzm6ry helped with Rev. Jesse Jackson's visit to Haiti.


76. Again in January, Mr. Jean Emile Estimable, a reporter for Radio Cacique, was arrested by the Marchand Dessalines Police and taken to the Saint Marc prison. While he was in custody, Mr. Estimable was mistreated and his health was described as disturbing.


77. The arbitrary arrests have continued in the provinces as well. Since January 1993, the IACHR has received reports concerning the arrest of Vans






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Neudet Chary (Gona~ves), Jean Claude Marsan (Cayes), Dieulan Borgeta (Jean Rabel), Gisele St. Fermin (Cayes) and Father Joseph Simoli (Hinche).


78. The Inter-American Commission on Human Rights acted swiftly to begin processing those cases. Later, Haitian human rights groups informed the Commission that only some of the individuals in question had been released. It is very difficult to confirm that information and to establish the precise number of individuals who are still in prison, given the de facto government's refusal to provide any information in that regard.


79. Before this report was closed, the Commission was informed of the unlawful arrests and abuse inflicted upon those who participated in the mass celebrated on February 25, in memory of the victims lost with the sinking of the ferry Neptune. According to reports, as he walking out of the cathedral Monsignor Willy Rom6lus, Bishop of Jeremie, was beaten and his surplice torn by armed men. Among those arrested were Edride Jean and Julienne Charles, members of the grassroots ecclesiastical communities (TKL), and Pharnes Jan, who was beaten and then taken away to the National Penitentiary. According to the information it has received, Mr. Pharnes had been so severely beaten that he was in urgent need of medical attention. Mrs. Arlette Josu6, a journalist from Signal FM and the Voice of America, was also detained, along with a seminarian, as she was leaving the cathedral. She was mistreated during her interrogation at the Anti-Gang Investigation Service.


80. The Commission also learned of the repression by the military in Jeremie in early March 1 993. According to reliable sources, a number of young people were arrested and beaten by the military; only a handful were released. Mr. Patrick Bourdeau was so badly beaten while in custody that he was unable to walk. The detainees are still in prison, in violation of the 48hour limit that the Haitian Constitution stipulates in cases of preventive detention.






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4. Freedom of thought and expression


Legal provisions

81. Article 13 of the American Convention on Human Rights stipulates the following:

1 . Everyone has the right to freedom of thought and expression.
This right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium
of one's choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be
expressly established by law to the extent necessary to ensure:

a. respect for the rights or reputations of others; or

b. the protection of national security, public order, or public
health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation
of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose or regulating access to them for the moral protection
of childhood and adolescence.







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5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar actions against any person or group or persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses
punishable by law.

Article 28 of the 1987 Haitian Constitution provides for freedom of expression as follows:

Every Haitian has the right to express his opinions freely on any
matter by any means he chooses.

Article 28. 1:

Journalist shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any
authorization or censorship, except in the case of war.

Article 28.2:

Journalists may not be compelled to reveal their sources.
However, it is their duty to verify the authenticity and accuracy of information. It is also their obligation to respect the ethics of their
profession.

82. As for freedom of expression, the Commission continues to receive complaints about the methods used to restrict this right and the repression of journalists and owners of radio stations, many of which have stopped broadcasting. Some radio stations have been closed by the military, others have opted instead to suspend any further broadcasts out of fear for the safety of their staff. In rural areas, section chiefs have arbitrarily arrested anyone who attempts to circulate news about the repression in Haiti. Those who continue to work do so clandestinely and at risk of their lives.

83. Journalist Guy Delva of the Voice of America in Port-au-Prince, received a death threat by phone and was told that he would be killed if he






-35-


did not stop his broadcasts. According to Delva, the threats were because of his news reports abroad about human rights violations, especially the lack of freedom of the press in Haiti. In late February 1 992, a group of armed men appeared in Delmas, the area where Delva lives, and were asking for him. Like many other people who have been threatened, Delva moved. In May 1 992, Guy Delva was beaten by the Port-au-Prince police as he was covering a student demonstration.

84. On May 7, journalist Merle India Augustine and a United States colleague went to the Public Prosecutor's Office to find out about the case of Sister Clemencia (mentioned earlier). During the interview, the agent with the Public Prosecutor's Office had a violent reaction against Augustine, who was interpreting. He threatened to send her to prison. When Augustine replied that he could put her in prison only if she committed a crime, the agent ordered his soldiers to arrest her. Agustine was held in custody for several hours and was eventually released when a number of friends intervened.

85. On April 1 2, Sony Est6us, a journalist with Radio Tropic FM, was arrested by police and severely beaten. Both his arms and several ribs were broken. Police accused Est6us of distributing anti-government propaganda and beat him until he was forced to confess to the charges. Six hours later he was released and had to be hospitalized. The violence used against Est6us is part of an intimidation campaign against Radio Tropic. After being threatened several times, Radio Tropic suspended his local news program.

86. During a student demonstration in Port-au-Prince, in support of ratification of the Washington Accords, police arrested a number of students and photographer Thony Belizaire and confiscated his camera equipment. After being questioned at the Investigations and Anti-gang Service, Belizaire was released.

87. In August, the repression of the news and communications media increased. One of the victims of these attacks was Mr. Clifford Larose, a journalist with the magazine Balance and director of the regional office of the Ministry of Information (under the Aristide government), who was shot and seriously wounded by a group of armed men in Port-au-Prince. That same






-36-


month, Radio Lumiere stopped broadcasting when its former director, Robinson Joseph, was murdered in a police station.


88. On January 22, 1993, Jean Emile Estimable, a reporter for Radio Cacique, was arrested by the rural police in Marchand Dessalines. According to the information received, Section Chief Geles allegedly placed in the journalist's pocket flyers in favor of the deposed President Aristide in order to have an excuse to arrest him. Mr. Estimable was mistreated and taken to the Saint Marc's headquarters, in a condition that sources described as alarmingng.


89. On January 27, Mr. Elder Alm6us, director of a private radio station in Jeremie called Radio Visi6n, was arrested by local authorities on charges of having "incited the public to rebellion". Some days before, Mr. Alm6us had aired a broadcast called "La verit6", which was an analysis of Haiti's political situation. Authorities considered that broadcast to be subversive. After one night in custody, Mr. Alm~us was released.


90. On February 2, the disappearance of Colson Dorm6 was reported. Dorm6 is a Haitian journalist with Radio Tropic. One day earlier he had covered a demonstration at the Port-au-Prince airport on the occasion of the visit by the UN-OAS Representative, Mr. Dante Caputo. He was never seen again, either at his place of work or at his home. His disappearance has been linked to the repression by military against the news media. During that demonstration, journalists Clarens Renois of Radio Metropole, Hans Bazar of Le Rouleau Weekly, and correspondents in Port-au-Prince with the Associated Press and France Press were attacked and insulted.


91. Police were on hand at the demonstrations that occurred in early February to protest, in the name of "national sovereignty", the sending of an OAS-UN Civil Mission to Haiti, but did nothing to disrupt the demonstrations, even when a number of demonstrators attacked the vehicles, which had







-37-


diplomatic or OAS plates. They let the air out of the tires on some of the cars and a number of the diplomats were verbally harassed.


5. Riaht of assembly


Lecial provisions

92. Article 15 of the American Convention on Human Rights reads as follows:


The right of peaceful assembly, without arms, is recognized.
No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and necessary in a democratic society in the interest of national security, public safety or public order, or to protect public health or morals or the rights
or freedoms of others.

Article 31 of the 1987 Haitian Constitution recognizes the right of assembly and association as follows:


Freedom of unarmed assembly and association for political,
economic, social, cultural or any other peaceful purposes is
guaranteed.

Article 31.1:

Political parties and groups shall compete with each other in the exercise of suffrage. They may be established and may carry out their activities freely. They must respect the principles of national and democratic severe ignty. The law determines the conditions for their recognition and operation, and the advantages and privileges
reserved to them.






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Article 31.2:

The police authorities must be notified in advance of assemblies
outdoors in public places.


Article 31.3

No one may be compelled to join any association of any kind.


93. The military have banned meetings in urban and rural areas. Peaceful meetings by grassroots organizations, students, peasants and clergy have been violently disrupted and their participants arrested and beaten. The offices of the organizations have been burned and their property looted. Numerous members of these organizations have fled to other cities in the country and some have left Haiti altogether.

94. Groups of farmers in the northeast sector of the country have stopped meeting. The military have said that "the peasants have no place in politics, so that they don't need to meet." Late in 199 1, military authorities told the residents of the communities that if they wanted to hold a meeting, they had to give the nearest garrison three days' advance notice; furthermore, a soldier had to be present during the meetings. In keeping with that policy, on April 28 and 29, 1992, the soldiers from the town of Desarmes- in the Artibonite held many of its residents under a kind of "house arrest", because the local commandant had not been given prior notice of the meeting. In another town, the army killed three members of a peasant farm cooperative and destroyed the meeting place. The Papay Peasant Farm Movement has been one of the groups subjected to the most harassment since the coup d'etat of September 1991 and has not been allowed to meet. Most of its members have sought refuge in other communities.

95. On April 29, 1992, students from the Port-au-Prince Advanced Normal School held a meeting to discuss the country's political crisis. Just as the meeting got under way, five uniformed policemen appeared and arrested student Cantave Gerson. After a day in custody at the Anti-gang
















































7 "Police Disperse Students in Haiti", Washington Post, July 16, 1992, Section A-18.


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Service, Gerson was released without being told the reason for the arrest. Some students who visited him reported that he had been severely beaten by the soldiers and that he needed immediate medical attention.

96. In early March, Gona*fves high-school students assembled to begin a demonstration at the entrance to the city. Moments before the march began, a group of soldiers dispersed the crowd, beating a number of the students present and arresting forty of them.

97. On May 13, 1992, a group of soldiers and armed men in civilian dress burst into the School of Sciences of the University of Haiti in Port-auPrince and beat the students who were holding a meeting at the time. On June 19, dozens of soldiers surrounded the Advanced Normal School, where approximately 250 students had assembled to protest the appointment of Marc Bazin as de facto prime minister. The soldiers threatened the students and confiscated the keys to the school, leaving them locked inside; hours later, the soldiers began to throw stones, breaking the windows on the building. In fear of being attacked, the students and four professors refused to leave. It was not until the next night that the students were able to leave with the help of a priest, who acted as an intermediary to ensure that they would not be attacked.

98. On July 15, sixty policemen used force to break up a meeting of students from the Medical School in Port-au-Prince. The meeting followed a peaceful march to the capital. Some people who witnessed the events said that the police beat up a number of students, among them Roosevelt Millard, Ronald L6on, Claude Lucien, D6sir Rosette, Canez Pr6vault and Esner Blaise. They fired their weapons, but were unable to determine whether anyone had been wounded. Journalists who later went to the scene of the events,
7
however, saw bloodstains on the floor. Approximately 20 students were arrested and taken to the Anti-gang Service where they were held for several days, without ever being charged.






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99. The members of the Church have been a particular target of the crackdown in Haiti. Permission was sometimes given to hold meetings to prepare for religious ceremonies the following day. On June 6, Father Gilles Danroc and others were detained, as he was giving his catechism class in the town of La Chapelle, even though one day earlier, he had informed the local authorities of where and when his class would be given. As the class was beginning, two soldiers appeared and told them that the meeting was unlawful and that he and 14 students, one of whom was pregnant, were under arrest. Even though no arrest warrant was shown, Father Danroc and the students were taken to the La Chapelle garrison and later to the Verrettes garrison where they were questioned for several hours. The next day, the detainees were transferred to the Saint Marc prison, where soldiers continued the questioning and labeled them communists and followers of the Lavalas movement. Seven of the students, including the young pregnant woman, were beaten. Father Danroc and seven students were released on June 7, and the other students some days thereafter. They were never brought before a judge and no charges were ever filed against them. On June 9, Father Danroc left the country.

100. Other cases are that of Elv6us Elissaint, Dorzius Benniss6 and Piersant Piersius, who were arrested and subjected to mistreatment for having participated in two meetings with the Verettes priest. Also, Mrs. Liliane Pierre-Paul, a long-time correspondent with Radio Hait( Inter, was arrested and accused of being a terrorist for attending a meeting of the Latin American Association of Journalists in Santo Domingo.

101. On January 6, 1993, as mass was being celebrated, a group of military men and armed civilians burst into the church of La Nativit6 in l'Acul-du-Nord, destroying doors and religious objects. The military men stopped the mass, hurled insults at the parishioners and accused Father Renaud Francois of having criticized the government of Marc Bazin. Two days later, the military stopped a procession in Jeremie. Monsignor Willy Romelus and 25 other priests had just conducted an ordination ceremony in Jeremie's cathedral, and the procession followed the ordination. The military used nightsticks to break up the participants, some of whom were so badly beaten that they had to be taken to hospital.







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CHAPTER III


THE REFUGEES


102. Since the coup d'6tat of September 29, 1991, thousands of Haitians have fled the country, setting out by sea aboard small and unsafe craft. One of the reasons for the massive exodus of Haitians is the harsh crackdown against groups that support President Aristide, which was particularly brutal in certain neighborhoods of Port-au-Prince. Another reason for the massive exodus has been the very bad economic situation, which was exacerbated by the predictable shortages resulting form the trade embargo.

103. The crackdown and the deteriorating political and economic situation forced many people to flee the country, many across the border into the Dominican Republic, others aboard small boats bound for the United States. Other boats headed for Belize, Cuba, Honduras, Jamaica, Trinidad and Tobago and Venezuela, their passengers seeking asylum. While the United States Coast Guard intercepted many of.these boats, it is suspected that many others have sunk and their passengers drowned.

104. Prior to the coup de'tat in Haiti, the United States Government, based on a bilateral agreement with Haiti, had a policy of intercepting Haitian vessels on the international waters of the Caribbean Sea and returning their passengers to their country of origin. Over a ten-year period (September 1981 -September 199 1) approximately 20,000 Haitians had been intercepted under the terms of that agreement. Since the coup d'6tat, estimates are that some 40,000 Haitian nationals have been intercepted by the Coast Guard, and 30,000 of them returned to Haiti.

105. Once the boats were intercepted, the Haitians were taken to the United States Naval Base at GuantAnamo Bay, Cuba, where they were interviewed by representatives of the United States Immigration and Naturalization Service to determine whether, under international law, they were eligible for refugee status.






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106. The United States Government had argued that the Haitians' reasons for fleeing their country were mostly economic in nature and not political, so that they had to be screened before asylum could be granted. On November 18 and 19, 199 1, the United States authorities returned to Haiti over 500 people who had requested asylum. As a result of these events, many suits were filed in the United States federal courts in Florida, by nongovernmental organizations representing the refugee "boat people". The suits were based on the possible physical danger to which these people would be exposed if they were forcefully repatriated.

107. The U.S. district court issued a preliminary injunction to suspend the enforced returns. At the same time, the news media and attorneys for the boat people were authorized to visit Guantanamo Bay. It was said that some 33% of the cases involved people who were eligible for refugee status.

108. On January 31, 1992, the Solicitor General requested a stay of the preliminary injunction issued by the U.S. district court, which the United States Supreme Court granted. The Inter-American Commission on Human Rights twice requested the United States Government to suspend the practice of returning the Haitians on humanitarian grounds.

109. As the massive exodus of Haitians continued, on May 24, 1992, the United States Government enacted the "Interdiction of Illegal Aliens" Executive Order which revoked and replaced the 1981 order. It would allow any Haitian intercepted on the high seas by the United States Coast Guard to be returned immediately to Haiti. Under the terms of that executive order, the Attorney General requires Haitians seeking asylum in the United States to apply through the United States Embassy in Port-au-Prince. It was said that the purpose of the executive order was to protect the lives of Haitians who set out to reach the United States in unsafe crafts.

110. Some argued that the executive order was based on the premise that the principle of non-refoulement contained in the United Nations Convention Relating to the Status of Refugees did not apply because Article 33 was not self-executing as to persons situated outside United States territory. The Office of the United Nations High Commissioner for Refugees, on the other hand, stated that paragraph 1, Article 33 of the 1951







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Convention Relating to the Status of Refugees, concerning the principle of non-refoulement, was self-executing both within and outside United States territory.

111. On July 29, 1992, the Federal Court of Appeals declared that United States laws prohibited the government from returning Haitians who were fleeing the country in vessels without determining first whether they were being persecuted. The Court added that the current United States policy of intercepting all vessels that would appear to be carrying Haitian refugees prevented those refugees from seeking asylum in other countries such as the Bahamas, Jamaica, or Cuba. On August 1, after the Government appealed that decision, the Supreme Court, by a vote of seven to two, suspended the injunction, thus allowing the government to continue its policy of intercepting and returning Haitian refugees.

112. The Supreme Court set August 24, 1992, as the deadline for the Government to submit its case, while attorneys for the Haitian refugees would have until September to argue their points. The outcome of this legal proceeding is not yet known. It is possible that the process will go on until all remedies have been exhausted, which means that Haitian refugees will continue to be repatriated without being given a hearing to make their case for asylum.

113. Earlier it was announced that the refugee facilities at GuantAnamo Bay Naval Base had reached maximum capacity. The Immigration and Naturalization Service reported that 10,736 Haitians had been moved to the United States so that their applications might be processed, except for some 274 people who turned out to be HIV-positive and would therefore remain at the Guantanamo Bay facilities; their applications for asylum would continue to be processed from there.

114. The first week in January 1993, 45 Haitian refugees went on a hunger strike at the Krome Detention Center (located on the outskirts of Miami) to protest the immigration policy, which they claimed gave preference to Cuban refugees. The hunger strike began two days after the release of 48 Cubans who had arrived in Miami on December 29, 1992, aboard a commercial airliner that had been rerouted.







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115. As January 20, 1993, approached, departures of refugees resumed and it was feared that when the new administration took office in the United States, there would be a massive exodus of 200,000 refugees. On January 14, President-elect Bill Clinton went on radio with a message asking Haitians to remain in their country and informing them that when he was sworn into office, the "boat people" would continue to be intercepted and returned to Haiti. The new administration announced a global plan to restore democracy in Haiti and secure the return of deposed President Aristide. It also reported that operation "Able Manner", involving 20 United States Navy vessels and 10 aircraft, was being launched just off the Haitian coastline to prevent hundreds of Haitians from perishing at sea. Human rights groups representing the Haitian refugees condemned the announcement, saying that the action was a violation of international law and United States law, which make it unlawful to return the refugees and expose them to reprisals without giving them an opportunity to establish their eligibility for asylum.

116. Some 236 Haitians were intercepted and taken directly to Haiti during the first week of this year. Another 102 refugees, among them eight survivors of the sinking "Vierge Mirage" which had 400 Haitians on board, returned from Cuba via the air-bridge between Cuba and Haiti. That bridge was the initiative of the United Nations High Commissioner for Refugees, in cooperation with the Red Cross of both countries. Some sources say that since January 12, 1,298 refugees have decided to return to Haiti voluntarily.

117. Once the refugees are returned to Haiti, they are met by customs officials, who fingerprint and photograph them, and take their general data. Members of the International Committee of the Red Cross and diplomats from the United States Embassy have said that the refugees are not mistreated upon their arrival. However, human rights groups have said that the exhaustive identification made of each one of the refugees has created certain fear of what could happen to them later.

118. In certain cases it was indicated that a number of repatriated haitians were arrested at their homes and later some of them were found dead. Others were beaten in public by soldiers who forced them under threat of arms to identify other repatriated persons. In other cases it was indicated







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that some repatriated individuals were taken to the National Penitentiary where they were subjected to torture and denied food.


CONCLUSIONS


119. During the period covered by this report, the human rights situation in Haiti has deteriorated badly. The incidence of such human rights violations as extrajudicial executions, enforced disappearances, arbitrary detentions, torture, abuse, extortion and repression of the press has greatly increased. Most of these violations were engendered in a political scenario created by the de facto government in its desire to consolidate its power.

120. Human rights violations perpetrated in a variety of ways by the de facto government have become a routine part of the Haitian people's daily life, creating disorder and leaving them totally defenseless against the tactics used by State agents against them. The de facto government's practice has been to arrest members of the political opposition and anyone it suspects of supporting the restoration of democracy. The charge of "terrorism" is commonly used by the military to justify summary executions, arbitrary arrests and violent, unannounced searches.

121. The institutionalized violence and corruption practiced with impunity by members of the army and police whose function is to protect the citizenry, has caused a series of abuses against the Haitian people. The section chiefs and their aides -the old repressive system that the de facto authorities have reinstated- are far overstepping their functions as police, terrorizing a rural population that is utterly helpless and completely at their mercy. At the same time, the judicial authorities have been neither efficient nor decisive in prosecuting investigations into these violations.

122. Again, the Inter-American Commission on Human Rights must point out that regardless of the prevailing political situation, the American Convention on Human Rights continues to be in force for the Haitian State. Consequently, those who exercise power, though it be de facto power, have







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the obligation to respect the rights and freedoms contained in the Convention and to guarantee their free and full exercise.

123. It has been the position of the Commission that of the varied forms of government recognized under constitutional law, the democratic system must be the overriding element so that a society can fully exercise its human rights. As has been shown, to deny political rights or to disregard the will of the people begets violence. The Commission is fully aware that until the interested parties share a genuine political resolve to find a solution to the Haitian crisis, the human rights situation will continue to deteriorate.

124. The Commission therefore hopes that the efforts made by the Organization of American States and the United Nations will help find a political solution that will restore the democratic system of government, where human rights can be respected to the fullest.

125. The Commission will continue to monitor the human rights situation in Haiti in furtherance of its duties as established by the American Convention on Human Rights.







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ANNEX I

No 1/93

PRESS RELEASE


For over three months, the Inter-American Commission on Human Rights has repeatedly asked the de facto government of Haiti to consent to a visit to that country to investigate on site the numerous complaints received pertaining to human rights violations attributed to repression by the armed forces, the police, and auxiliary civilian groups operating on their orders. The [ACHR advised the Government of its intention to conduct two visits: an exploratory one to be carried out from December 13 to 15, 1992, and an on-site visit to be conducted from January 11 to 15, 1993. The de facto government still has not given such consent. On the contrary, on December,8, the IACHR received a message from the Ministry of Foreign Affairs of Haiti advising that the dates on which such visits were to take place would be reported in the following days. But it was not until one month later that the de facto authorities replied that "the visit by the InterAmerican Commission on Human Rights did not seem necessary to the Haitian government".

The complaints lodged by the victims themselves and accounts from reliable sources indicate that numerous people have been executed summarily, illegally detained, abused, and tortured by members of the Armed Forces and the police. In most cases, the victims have been supporters of deposed President Jean-Bertrand Aristide. Other victims have simply been suspected of supporting him. Demonstrations and meetings have been violently suppressed, and journalists have not been allowed to report the facts. Many of the victims of these violations are leaders or members of people's or human-rights organizations, students, journalists, merchants, peasants, and members of the Catholic church.

In rural areas, repression and violence have escalated with the reinstatement of "section chiefs," who act with the acquiescence of the military and absolute impunity. Both in the capital and in the provinces, the population is subjected to the corrupt practices of the de facto authorities. And soldiers extort money from civilians as protection against detention and abuse, or simply for improvement of the conditions under which they are held in detention centers, or sometimes even for their release.

The climate of fear and uncertainty in the country has led a large part of the population, especially those who support the return of President Aristide, to migrate to the country's interior seeking refuge, forced to abandon their homes and stay in hiding. This situation has also compelled a large number of Haitians to flee the country in precarious boats to request asylum in the United States.







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The practice of "preventive repression" used against the civilian population and the deterioration of the political situation have given rise to continual violations of individual rights, such as the right to life, the right to humane treatment, the right to personal liberty, freedom of thought and expression, the right of assembly, and freedom of association, all of which are protected by the American Convention on Human Rights, to which the Republic of Haiti is a state party.

The Commission should point out that the American Convention on Human Rights remains in effect regardless of the political situation prevailing in a state party. Consequently, the Commission stresses that those who exercise power in a state, even in a de facto manner, are obligated to observe the individual rights recognized by the American Convention on Human Rights.

The ad hoc Meeting of Ministers of Foreign Affairs adopted, on December 13, 1992, the Resolution "Reinstatement of Democracy in Haiti" (MRE/RES.4/92), in which it decided to "instruct the President of the Ad Hoc Meeting of Ministers of Foreign Affairs and the Secretary General of the OAS to cooperate in the efforts of the Chairman of the InterAmerican Commission on Human Rights, in light of the serious and continuing human rights violations in Haiti and the refusal of the current de facto authorities to allow the Commission to conduct an on-site visit as soon as possible."

The Inter-American Commission on Human Rights remains steadfastly determined to travel to Haiti to investigate on site the grave violations reported. In view of the de facto government's refusal to cooperate with it, the Commission renews its appeal to all nongovernmental human rights organizations, particularly those operating in Haiti, to the victims and their relatives, and in general to all those whose individual rights have been violated in any way because of the political crisis, to forward their complaints to the IACHR.

The Inter-American Commission on Human Rights issues an appeal to the de facto government, and especially to the Armed Forces, to cease their systematic human rights violations, of which the Haitian people are the victim.


Washington, D.C., January 8, 1993







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ANNEX 11

No 4/93

PRESS RELEASE


The Inter-American Commission on Human Rights is deeply disturbed by the systematic human rights violations that continue to victimize the Haitian public. It strenuously condemns, in particular, the events that took place in front of the Port-auPrince cathedral on February 25, 1993.

The Commission was informed of the unlawful arrests and abuse inflicted upon those who participated in the mass celebrated on February 25, in memory of the victims lost with the sinking of the ferry Neptune. According to reports, as he walking out of the cathedral Monsignor Willy Rom6lus, Bishop of Jeremie, was beaten and his surplice torn by armed men. Among those arrested were Edride Jean and Julienne Charles, members of the grassroots ecclesiastical communities (TKL), and Pharnes Jan, who was beaten and then taken away to the National Penitentiary. According to the information it has received, Mr. Pharnes had been so severely beaten that he was in urgent need of medical attention. Mrs. Arlette Josu6, a journalist from Signal FM and the Voice of America, was also detained, along with a seminarian, as she was leaving the cathedral. She was mistreated during her interrogation at the Anti-Gang Investigation Service.

The Commission has also learned of the repression by the military in Jeremie in early March. According to reliable sources, a number of young people were arrested and beaten by the military; only a handful were released. Mr. Patrick Bourdeau was so badly beaten while in custody that he was unable to walk. The detainees are still in prison, in violation of the 48-hour limit that the Haitian Constitution stipulates in cases of preventive detention.

The Inter-American Commission on Human Rights asks the de facto authorities to immediately release the individuals who are being unlawfully held and to respect their physical integrity. It once again calls upon the Armed Forces, pursuant to the American Convention on Human Rights, to stop the systematic human rights violations being committed against the Haitian people and to respect the individual freedoms upheld in that international agreement, of which Haiti is a State Party.

The Inter-American Commission on Human Rights is still determined to go to Haiti for an on-site investigation of the grave violations denounced.


Washington, D.C., March 5, 1993







50-


ANNEX III


DECLARATION OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS


Because of the grave internal situation in Haiti and in response to the complaints and requests it has received asking for emergency measures to safeguard the fate, safety and integrity of the increasing number of Haitian boat people, the Inter-American Commission on Human Rights is calling upon the governments of the hemisphere, pursuant to the obligations established in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights, as appropriate, the Convention relating to the Status of Refugees and the principles and rules of international humanitarian law, to take the emergency measures necessary to prevent the dangers and suffering experienced by those Haitians who, although forced to flee their country because of their repression and persecution by agents of the de facto authorities, have been or are being repatriated.

On May 24, 1992, because of the great increase in the number of Haitians trying to reach the United States by sea, then United States President George Bush issued an executive order authorizing the United States Coast Guard to intercept the Haitian emigrants on the high seas and return them directly to Haiti. According to figures supplied by the United States Government, as of late January 1993, 30,340 people had been returned to Haiti. On numerous occasions, nongovernmental human rights groups have informed the Commission that under international law and United States domestic law as well, it is unlawful to return refugees and expose them to the danger of reprisals without giving them an opportunity to prove the merits of their petition of asylum.

As pointed out in the reports of the Commission and of other human rights organizations, since the coup d'etat in September 1991, the preventive repression has been continual. This repression is calculated not to punish for an act being committed or already committed, but to prevent possible public demonstrations or protest movements. The people in the poor neighborhoods and rural areas, who together represent the vast majority of the Haitian population, live not only in dire poverty but also in constant fear of being detained, tortured or murdered. Compounding this is extortion: many of these people have to pay the security forces in order not to be persecuted and mistreated, to make their imprisonment less painful, or simply to obtain their release after being arbitrarily arrested. This is doubly cruel for the poor people of Haiti: while their rights to life, humane treatment and personal liberty are being violated, they are also being forced to turn over or sell everything they own, leaving them completely destitute.

The Commission believes that apart from the urgent measures that the governments of the hemisphere must take to deal with the emergency situation created by the Haitian boat people, the presence of a joint UN/OAS Civilian Mission in Haiti must be used to








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advantage; its investigatory and informative functions should include careful monitoring of the facts involved in the problem of the Haitian boat people.

The IACHR again confirms its willingness to cooperate closely with the Special Envoy of the Secretaries General of the OAS and the LIN, with the Civilian Mission that has been and is being deployed in Haitian territory and with all the other international organizations and agencies in order to find a solution to the political crisis, reestablish legitimate democratic government and full respect for human rights in Haiti.



Washington D.C., March 11, 1993







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ANNEX IV


Protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis


Article I

The signatory parties to this protocol recognize and acknowledge the principle of the urgent necessity for a concerted and negotiated solution to the political and institutional crisis which Haitian society has been experiencing since President Jean-Bertrand Aristide went into exile on 30 September 1991, and that this solution, in order to be viable and lasting, must be sought within the context of respect for the Haitian Constitution and for national sovereignty and must lead to:

National concord;

The establishment and consolidation of democratic institutions;

The implementation of measures to guarantee civil liberties, halt repression and
prevent any attempts at revenge or settling of accounts.

Article 11

With all these aims in view the signatory parties undertake to:

1. Encourage, consolidate and respect the principle of the separation of powers in accordance with the Constitution and, within that context, to work to set in place mechanisms for harmonization and collaboration so as to facilitate the establishment of the institutions provided for in the basic Charter;

2. Guarantee civil liberties and facilitate the free functioning of political parties and civic organizations in respect for the Constitution and the laws governing said organizations.

Article III

The Parties recognize the necessity for the Haitian Parliament, which is the codepository of national sovereignty, to:








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1 . Reinstate Jean-Bertrand Aristide in the exercise of his function as the constitutionally-elected President of the Republic of Haiti and undertake to assist the Government of national consensus to bring about the conditions for the return of JeanBertrand Aristide to Haiti;

2. Draw up and pass laws to set in place the institutions provided for in the Constitution, inter afla:

(a) The Act concerning territorial groups;

(b) The Act concerning separation of the police and the armed forces;

(c) The Act concerning operation of the Citizens' Protection Bureau;

3. To facilitate by laws and regulations, implementation of a policy of social
peace and economic revival.

Article IV

The parties recognize the necessity for President Jean-Bertrand Aristide to:

1 . Respect the decisions taken and acts ratified by the Haitian Parliament. In the event of disagreement between the executive and the legislature, it shall be possible for either party to refer to the Conciliation Commission, in accordance with article 111-5 of the Constitution;

2. Agree that, during his absence, the Prime Minister shall take over management of the affairs of State, in accordance with article 148 of the Constitution.

Article V

The parties recognize the need to:

1 . Proclaim a general amnesty, save for common criminals:

2. Refrain from any ambiguous statement which could be interpreted as an incitement to violence;

3. Accept the new consensus Prime Minister chosen by President Jean-Bertrand Aristide in consultation with the President of the Senate and President of the Chamber of Deputies;







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4. Request the lifting of the embargo and the sanctions provided for in chapter 1, paragraph 4, of resolution MRE-2/91 of the Organization of American States, immediately after confirmation of the Prime Minister and installation of the Government of national consensus;

5. Recognize their obligation to undertake all necessary measures with a view to putting national institutions in a context that will enable them to take all decisions within their competence, in complete freedom, without having to suffer violent intervention, threats of violence from any force whatever;

6. Recommend to Parliament that it should, as a matter of urgency, approve the request of President Jean-Bertrand Aristide to OAS to send the civilian OEA-DEMOC mission to Haiti;

7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.

8. Reject and condemn any intervention by foreign armed forces in the settlement of Haitian affairs.

DONE in good faith, in triplicate at Washington D.C., on 23 February 1992.

This protocol of agreement shall enter into force immediately after ratification by the National Assembly at the convocation of its President.



(Signed) Jean Bertrand-ARISTIDE
President of the Republic of Haiti


(Signed) D6jean BELIZAIRE
President of the Senate and of the
Parliamentary Negotiating Commission


(Signed) Alexandre MEDARD
President of the Chamber of Deputies
and Vice-President of the
Parliamentary Negotiating Commission







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ANNEX V


Protocol of a-greement between President Jean-Bertrand Aristide and Prime Minister- Designate Ren6 Th6odore under the auspices of the Organization of American States (OAS)

In order to establish a climate of confidence, restore the democratic order, stimulate the national economy, consolidate the institutions and facilitate the return to power of President Jean-Bertrand Aristide:

1 . The undersigned parties recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of resolutions MRE/RES.1/91 and MRE/RES.2/91 of the Ad Hoc Meeting of Ministers for Foreign Affairs of member countries of the Organization of American States and resolution CP/RES.567 (870/91) of the Permanent Council of the Organization.

2. They recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of the "protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis".

3. The recognize also that President Jean-Bertrand Aristide enjoys fully and completely his constitutional prerogatives as Head of State.

4. The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals. To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights. They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.

5. The parties recognize the need to form a Government of national unity, whose programme will be drawn up -with the political parties represented in Parliament and which support this Government- by the Prime Minister together with the President.

6. In order not only to respect the vote of 1 6 December 1 990 and the mandate relating thereto but also to guarantee the Prime Minister's responsibility for forming the government team, the parties agree that the President and the Primer Minister shall proceed, in agreement, to choose the persons to fill the ministerial posts.

7. The parties recognize the need, once he has been confirmed, for the Prime Minister to work to create the conditions for the return of President Jean-Bertrand Aristide. In the







56-


meanwhile, the Prime Minister undertakes to meet the President of the Republic, as far as possible every two weeks, to evaluate the functioning of the Government and the conditions of return. For this meeting, they shall request a report from the Secretary General of the Organization of American States to enable them to evaluate the assistance of that institution with regard to the progress of the return process. One month after ratification, the President of the Republic, the Prime Minister and the Secretary General shall meet to determine the modalities of the return of the President of the Republic.

8. The President undertakes to provide the Prime Minister with all necessary collaboration and political support for the accomplishment of his task in accordance with the provision of the Constitution.

9. The parties recognize the need to request the lifting of the embargo and other sanctions contained in chapter 1, paragraph 4, of resolution MRE/RES.2/91 of the Ad Hoc Meeting of Ministers for Foreign Affairs of member countries of the Organization of American States at the official request of President Jean-Bertrand Aristide, once the Prime Minister has been confirmed and the Government installed.

10. The parties undertake to give particular attention to the military with a view to professionalizing it and establishing better conditions, materially and as regards morale, that should enable it to participate in the democratic process and carry out its constitutional task.

11. The parties recognize the need to approach member countries of the Organization of American States and the United Nations, international organizations and the international community in general, in order to obtain emergency assistance for the reconstruction of Haiti's economy and the technical and financial means required to strengthen its institutions.

Done in good faith in triplicate at Washington D.C. on February 25, 1992.

(Signed) Jean-Bertrand Aristide
President of the Republic of Haiti

(Signed) Rend Theodore
Prime Minister-Designate

Signed under the auspices of the Organization of American States

(Signed) Jo5o Baena Soares
Secretary General


CDH/3115-E







THE ORGANIZATION OF AMERICAN STATES


The Organization of American States (OAS) is the world's oldest regional organization, dating back to the First International Conference of American States, held in Washington, D.C., on April 14, 1890. This meeting approved the establishment of the International Union of American Republics. The Charter of the OAS was signed in Bogota in 1948 and entered into force on December 13, 1951. The Charter was subsequently amended by the Protocol of Buenos Aires signed in 1967, which entered into force on February 27, 1970, and by the Protocol of Cartagena de Indias, signed in 1985, which entered into force on November 16, 1988. The OAS currently has 35 Member States. In addition, the Organization has granted Permanent Observer status to 27 States in Europe, Africa and Asia, as well as to the Holy See and the European Economic Community.
The basic purposes of the OAS are as follows: to strengthen the peace and security of the continent; to promote and consolidate representative democracy, with due respect for the principle of nonintervention; to prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States; to provide for common action on the part of those States in the event of aggression; to seek the solution of political, juridical and economic problems that may arise among them; to promote, by cooperative action, their economic, social and cultural development, and to achieve an effective limitation of conventional weapons that will make it possible to devote the largest amount of resources to the economic and social development of the Member States.
The OAS accomplishes its purposes through the following organs: the General Assembly; the Meeting of Consultation of Ministers of Foreign Affairs; the Councils (the Permanent Council, the Inter-American Economic and Social Council and the Inter-American Council for Education, Science, and Culture); the Inter-American Juridical Committee; the Inter-American Commission on Human Rights; the General Secretariat; the Specialized Conferences; the Specialized Organizations and other entities established by the General Assembly.
The General Assembly holds regular sessions once a year. Under special circumstances it meets in special session. The Meeting of Consultation is convened to consider urgent matters of common interest and to serve as Organ of Consultation under the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), the main instrument for joint action in the event of aggression. The Permanent Council takes cognizance of such matters as are entrusted by the General Assembly or the Meeting of Consultation and implements the decisions of both organs when their implementation has not been assigned to any other body, it monitors the maintenance of friendly relations among the Member States and the observance of the standards governing General Secretariat operations and also acts provisionally as Organ of Consultation under the Rio Treaty. The purpose of the other two Councils is to promote cooperation among the Member States in their respective areas of competence. These Councils hold one annual meeting and meet in special sessions when convoked in accordance with the procedures provided for in the Charter. The General Secretariat is the central and permanent organ of the OAS. The headquarters of both the Permanent Council and the General Secretariat is in Washington, D.C.

MEMBER STATES: Antigua and Barbuda, Argentina, The Bahamas (Commonwealth oo, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica (Commonwealth oo, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, St. Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, United States, Uruguay and Venezuela.

































































ISB N 0-8270-3216-