Joint
Statement
by International Human Rights Organizations
on Haiti
February
5, 2001
Haiti held elections on November 26, 2000, that ushered
in a second Jean-Bertrand Aristide presidency. Unlike
the 1990 vote, however, Mr. Aristide's election came amidst
widespread doubts about his own and the Préval
government's commitment to democracy, political disputes
over earlier parliamentary elections, low voter turnout,
virtually no competing candidacy, and an international
community disinclined to support the new Haitian leaders.
During the period preceding the presidential vote, a spate
of pipe-bomb explosions, government attempts to suppress
dissent or otherwise intimidate its opponents, the assassination
of Jean L. Dominique, Haiti's most prominent journalist,
and manipulation of the May 2000 vote for parliament dealt
a severe blow to the observance of civil and political
rights in Haiti.
With an eye toward the incoming Bush administration,
President-elect Aristide indicated his agreement with
a series of Clinton
administration-sponsored measures that if
implemented might trigger the release of U.S. and international
aid. These measures include cooperation on drug and
migrant interdiction, establishing a new provisional
electoral commission, putting ten disputed senate seats
to another vote, and police and judicial reforms.
President-elect Aristide agreed to reach out to the
opposition in setting up his administration, but has
done so on terms they find unacceptable. For their part,
the leading opposition coalition has continued to call
for completely new parliamentary and presidential elections,
rejecting meaningful compromise. The Convergence appears
resolved upon establishing some sort of shadow government
by February 7.
The period ahead is likely to be a difficult one. The
United States, Canada, France and the UN Security Council
have called on the Haitian government to revise the
results of the May elections. The European Union and
Canada are reviewing their assistance programs to Haiti.
The U.S. Congress has codified a requirement that aid
may not be provided to the government of Haiti until
there is a satisfactory resolution to the May elections.
U. N. Secretary General Kofi Annan has recommended that
the current U.N. civilian support mission in Haiti (MICAH)
not be extended. It is clear that the international
community is exhausted with the seemingly endless political
crisis in Haiti.
President-elect Aristide's stated commitment to remedy
Haiti's current problems will only be meaningful if
it is borne out by genuine reform efforts. In the hopes
of furthering this goal, we suggest prompt adoption
of the following measures as necessary steps to implement
an agenda for democratic and human rights reform in
Haiti.
- All Haitian political leaders should denounce
and renounce the use of violence for political gain
now and in the future. Mr. Aristide, as president,
bears particular responsibility to take clear steps
to distance himself from those who use violence
in his name. His government should conduct a thorough
review and investigation into political violence
in the year 2000, and arrest and prosecute those
believed responsible. In particular, it should provide
all necessary resources and support to the investigation
and resolution of the murder of journalist Jean
Dominique.
- Efforts to reach a compromise between Fanmi Lavalas
and the opposition should continue. The problem does
not lie in a lack of mechanisms. In addition to the
work of the Organization of American States and the
Lissade Commission, recent initiatives have been taken
by the government of the Dominican Republic and Haitian
civil society.
Negotiations might lead to new second-round elections
in the case of the May parliamentary elections, and
to a new vote for the virtually uncontested eight
senate races held at the time of the November presidential
vote. Any new balloting must be held under the auspices
of a independent electoral commission and monitored
by credible international and national organizations.
Once the government is formed, a permanent electoral
council composed of respected, credible and competent
individuals should be established and provided with
all necessary support to establish its independence
and restore confidence in Haiti's electoral process.
- The Haitian government and all authorities must
allow full freedom of expression and association
for all political sectors, civil society, human
rights organizations, and the media, and take steps
to prevent and punish efforts to silence critics
or chill free speech.
- The Haitian government should build on the two
major trials of human rights abusers held in the
year 2000 to develop a judicial system protective
of fundamental human rights and independent of political
influence. The long-awaited trial
of military and paramilitary forces for the 1994
Raboteau massacre and of police officers
in the extra-judicial killings in Carrefour-Feuilles
in 1999 were marked by thoroughness and attention
to the rights of victims and defendants. A review
of killings in police custody, followed by appropriate
measures, including the arrest and prosecution of
officers believed to have committed homicides, should
be high on the new Haitian government's list of
priorities, and will contribute to restoring confidence
in the force.
- New appointments to the judiciary and the Haitian
National Police should be carried out in a professional,
transparent fashion, with positions are assigned
on the basis of merit rather than political affiliation.
Leaders of the Haitian National Police should inspire
popular trust and confidence in their ability to
protect the citizenry from criminality and confront
growing problems of abuse, politicization and corruption
in the police force.
- Official government accountability and oversight
mechanisms, such as the Office pour la Protection
du Citoyen, should be provided with the funding
and support required to fulfill their mission in
an effective, professional and independent manner.
Recommendations to the United States, Canada and the
international community
- The international community should press the
government of Haiti to act decisively on the recommendations
we set out above. Should the government of Haiti
fail to demonstrate a clear commitment to upholding
and strengthening democracy and the rule of law,
members of the international community who have
played a key role in Haiti over recent years must
consider implementing a range of policy options
including: providing foreign assistance only through
nongovernmental channels; excluding Haitian leaders
from gatherings of the region's democratic leaders;
invoking the Santiago Declaration; and denying visas
to members of the Haitian government and parliament,
when the OAS
electoral monitoring mission has clear
and convincing evidence that they obtained office
via fraud.
- Holding the government of Haiti accountable for
human rights violations is first and foremost an
obligation of the people of Haiti. Should an international
human rights presence be maintained in Haiti, it
should first and foremost seek to assist local human
rights groups to develop greater capacity to advocate
for human rights. However, an international human
rights mission must also be able to act rapidly
and publicly on behalf of victims of human rights
should a crisis situation arise which threatens
the personal security and ability to function of
Haitian human rights organizations.
- Donors can and should withhold assistance from
governments that do not meet basic standards of
democracy and human rights. We do not, however,
favor the possibility raised by some U.S. policymakers,
of imposing further economic sanctions on Haiti.
Given the poverty of the majority of Haitians and
devastating impact of the 1990-94 embargo, we are
concerned that blanket economic sanctions would
further damage the economy and aggravate the desperate
conditions of the majority of Haitians.
CENTER
FOR INTERNATIONAL POLICY |
NATIONAL
COALITION FOR HAITIAN RIGHTS |
James R. Morrell,
Research Director |
Jocelyn McCalla, Executive
Director |
1755 Massachusetts
Avenue, NW |
275
Seventh Avenue, 17th Floor |
Washington, DC 20036 |
New
York, NY 10001 |
|
|
HUMAN
RIGHTS WATCH |
RIGHTS
AND DEMOCRACY |
Jose Miguel Vivanco,
Executive Director, Americas Division |
Warren Allmand, P.C.,
O.C., Q.C., President |
1630 Connecticut Avenue,
NW, Suite 500 |
1001 de Maisonneuve
Blvd. East |
Washington,
DC 20009 |
Suite
1100, Montreal, Quebec, Canada H2L 4P9 |
|
|
INTERNATIONAL
HUMAN RIGHTS
LAW GROUP |
WASHINGTON
OFFICE ON LATIN AMERICA |
Gay McDougall, Executive
Director |
George
R. Vickers, Executive Director |
1200 18th
Street, NW, Suite 602 |
1630 Connecticut Avenue,
NW, Suite 200 |
Washington, DC 20036 |
Washington, DC 20009
|
|