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Institute for Justice and Democracy in Haiti
Updated: 2 hours 10 min ago
Représentant américaine Maxine Waters a écrit une lettre au secrétaire d’État John Kerry, exprimant ses préoccupations au sujet de le retrait de la sécurité d’Aristide 11 septembre. Sa plus grande préoccupation citée est une confrontation potentielle entre les partisans d’Aristide et la police: Elle craint que cela qui puisse mener à des pertes de vie et d’instabilité politique en Haïti. Rep. Waters exhorte Kerry à intervenir immédiatement.Haïti – Politique : La Congressiste Maxine Waters demande l’intervention de John Kerry
September 16, 2014
Dans une lettre adressée au Secrétaire d’État John Kerry, la Congressiste Maxine Waters, dit craindre une situation dangereuse après le retrait des agents chargés de la sécurité de l’ancien Président Aristide et lui demande d’intervenir sans délai, afin d’éviter une confrontation dangereuse entre les forces de l’orde et les partisans d’Aristide.
« L’Honorable John Kerry
2201 C Street, NW, Room 7226
Washington, DC 20520
Cher Secrétaire Kerry:
Je suis profondément concerné par la situation en Haïti.
J’ai été informé que des ordres ont été donnés de rappeler tous les officiers du commissariat de police qui fournissait la sécurité à la maison du Président Aristide et tous les policiers ont quitté les alentours ce matin aux environs de 1h00 a.m. [jeudi 11 septembre 2014]. Cela rend le Président Aristide et sa famille, totalement exposés.
Je suis extrêmement concerné qu’il existe un effort d’arrêter de manière illégale le Président Aristide. Étant donné que les supporteurs du Président Aristide se sont rassemblés autour de sa maison au cours des derniers jours pour montrer leur soutien envers lui, on peut raisonnablement s’attendre qu’ils aillent encercler sa maison pour prévenir son arrestation. Personne ne devrait vouloir une confrontation entre les partisans du Président Aristide et la police. Je crains qu’une situation dangereuse se développe, qui puisse mener à des pertes de vie et d’instabilité politique plus profonde en Haïti.
S’il vous plait intervenez immédiatement pour éviter une confrontation inutile et dangereuse et éviter que s’en suive le chaos en Haïti.
Membre du Congrès
cc: Thomas C. Adams, Haiti Special Coordinator
Ambassador Pamela A. White, U.S. Ambassador to the Republic of Haiti»
Par ailleurs nous apprenons que ce mardi 16 septembre 2014, des sénateurs de l’Opposition anciens membres de l’organisation politique Fanmi Lavalas, des politiciens d’allégeance lavalassienne, des membres du MOPOD et des représentants d’organisations populaires, ont la ferme intention, en signe de solidarité, de rendre visite au Président Aristide, à sa résidence de Tabarre, sans demander l’autorisation au Juge Lamarre Bélizaire
Cliquez ICI pour l’original.
We are pleased to announce that on Friday, Sept 12, six reports were sent to the UN Human Rights Committee for review of Haiti’s obligations under the International Covenant of Civil and Political Rights (ICCPR). The Committee will review Haiti in Geneva October 8th and 9th.
The reports are on the following topics:
(1) ICCPR Violations in the Context of the Cholera Epidemic in Haiti
(2) The Plight of Restavèk (Child Domestic Servants)
(3) Freedom of Expression in Haiti: Violations of the Freedom of the Press
(4) Prison Conditions and Pre-Trial Detention in Haiti
(5) The Right to Vote
(6) Access to Judicial Remedies in Haiti (includes Duvalier, gender-based violence, human rights defenders, labor, and forced evictions)
Links to each report are below.
US Representative Maxine Waters recently expressed concern for Aristide’s safety in a letter to Secretary of State John Kerry. Though many others have expressed similar concerns since the former president’s security was withdrawn, there has been no response from Kerry yet. Meanwhile, there is still no set date for elections in Haiti, which are years overdue. While prominent members of the international community, like Samantha Power, blame opposition senators for the current delay, the senators maintain that they are trying to uphold the Constitution.
Click HERE for more on the delay and what’s at stake.As Haiti election delays continue, Aristide remains focus
Jacqueline Charles, Miami Herald
September 16, 2014
Former Haitian President Jean-Bertrand Aristide, who was put under house arrest as part of an ongoing criminal investigation into corruption and drug trafficking allegations, is expected to get some moral support Tuesday.
A group of opposition leaders and senators opposed to a political accord the international community had hoped would lead to elections this year, say they plan to visit the former priest-turned-twice deposed president despite a judge’s order requiring visitors to seek approval before entering Aristide’s gated compound on the outskirts of Port-au-Prince.
“There is no such thing as house arrest under Haitian law,” said opposition Sen. Jean Baptiste Bien-Aime, who plans to join the delegation.
Aristide was ordered to stay put last week by investigative Judge Lamarre Bélizaire who is reviewing allegations that he and his associates stole millions from the Haitian treasury and pocketed kickbacks from drug traffickers between 2001 and 2004. Days later, police officers assigned to Aristide were recalled without explanation.
The actions were the latest in a series of moves by Bélizaire. They have perplexed and outraged Aristide supporters, including U.S. Rep. Maxine Waters, D-Calif., who is calling on Secretary of State John Kerry to intervene “to avoid an unnecessary and dangerous confrontation and ensure that chaos does not ensure in Haiti.”
“No one should want a confrontation between President Aristide’s supporters and the police,” Waters wrote to Kerry, whose office has yet to respond. “I fear that a dangerous situation may be developing that could lead to a loss of life and further political instability in Haiti.”
Waters, a long-time Aristide supporter, told the Miami Herald that she is “really concerned” about Aristide’s safety.
“He is at risk down there,” she said, noting that she has been fielding calls from equally concerned individuals such as the Rev. Jesse Jackson and soon plans to mount a letter-writing campaign. “I don’t understand the legality of what’s being done and a lot of people don’t understand it. Where is Bélizaire getting his orders from? What gives him the authority to do this? How does Bélizaire, a judge, have the ability to reach over into the police and remove police from security operations? We just don’t understand this.”
Equally confused Haitians say they believe the Aristide saga might be an attempt to test his popularity while some supporters say it’s a way of preventing his political party, Fanmi Lavalas, from staging a comeback. Martelly’s government has not commented on Aristide’s case but has said that it will not interfere in the work of the judiciary.
The house arrest and police removal came the same week in which Haiti’s lower chamber recessed without approving an electoral law, and Samantha Power, the U.S. Ambassador to the United Nations, accused the six opposition senators of blocking political progress.
“A group of six senators seems intent on holding elections hostage to partisan concerns, even going so far as to prevent a debate on the electoral law,” Power said during a U.N. Security Council meeting on Haiti.
“Legislators in a democracy have a responsibility to defend their constituents’ rights,” Power said. “But when elected officials take advantage of democracy’s checks and balances to cynically block debate and elections altogether, they stand in the way of addressing citizens’ real needs.”
Power’s strong statement immediately drew rebuke in Port-au-Prince from the senators and other opposition leaders, who said her characterization of Haiti’s complex deepening political crisis was unjust and misinformed.
“We are not obstructionist. We are a group of senators who are defending the Haitian constitution,” said opposition Sen. Francky Exius.
Opposition party leader Mirlande Manigat said the international community consistently overlooks the role President Michel Martelly has played in delaying the vote for two-thirds of the Senate, the entire lower chamber of deputies, municipal administrations and local councils.
“For three years, he refused to call elections. A large part of this is his fault,” said Manigat, a constitution expert who lost to Martelly in the 2011 presidential runoff. “It is unfair to accuse the six senators for the crisis.”
Manigat’s party is among several that are also refusing to acknowledge the political agreement known as the El Rancho accord. The group has also taken issue with how the nine-member provisional electoral council was formed, saying it doesn’t instill confidence.
Ahead of the U.N. Security Council meeting, Martelly’s spokesman announced that the president was ready to resume talks with opposition parties, civil society and the six senators over elections. But so far, opposition leaders say, no talks have been scheduled.
Sandra Honoré, U.N. Secretary General Ban Ki-moon’s special representative to Haiti, told Power and other council members that “given the need for logistic preparations, the window for holding the elections before the end of the year is now rapidly closing.”
“This is particularly worrisome since without elections, parliament would be rendered dysfunctional on 12 January, thereby creating an institutional vacuum until elections are held and a new Legislature is installed,” she said.
Ban’s report to the council noted that Bélizaire’s efforts to question Aristide had erupted into controversy, starting with an Aug. 13 warrant for Aristide to be brought to court after he failed to show.
Aristide’s lawyers have said the warrant wasn’t properly served. Haiti’s leading human rights group, the National Human Rights Defense Network, has noted that while no one is above the law, it is concerned by “the arbitrary ways” in which Bélizaire has decided to pursue the case. His “actions defy logic,” it said in a statement.
For instance, when Haitian lawyers sought house arrest for former dictator Jean-Claude “Baby Doc” Duvalier in his legal case, they were told it doesn’t exist, allowing him to leave home at will.
“Today, they are trying to create a crisis to hide all of the problems in the country like the hunger and the misery that are ravaging the population … and the elections that they haven’t done since 2011 and won’t do this year,” said Aristide’s spokeswoman, Dr. Maryse Narcisse.
Click HERE for the original.
Click HERE for more on the elections delay and what’s at stake.
Fran Quigley is travelling around the country speaking about his new book, How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign. The book covers everything from global and grassroots cholera activism, to the failed post-earthquake recovery, to the Duvalier prosecution, all while demonstrating why a better Haiti will come from the grassroots, up. This book is a must-read if you want to understand the link between poverty and human rights, and how Haiti is ready for change, with lessons that are applicable not just there, but all over the world.
WHEN AND WHERE:
- September 4th, 3:30 – 5pm; Book Talk with Fran and Brian; Agora Cafe at Mariano’s West Loop location, Chicago, IL. Brian is in Chicago to receive the Debra Evenson Award from the National Lawyers Guild and author Fran Quigley will join him for this talk. This is a rare opportunity to see both Fran and Brian – all are welcome! Refreshments available. (Open to the Public)
- September 15th, 7:00-8pm; Bread for the World event; St. Luke’s Methodist Church: 100 W. 86th Street Indianapolis, IN; Fran will share the agenda with author, former Wall Street Journal reporter, and food policy expert Roger Thurow. (Open to the Public)
- September 20th; Parish Twinning Program of the America’s National Conference; Nashville, TN (Closed Event)
- October 14th, 5pm; Lecture, book signing and reception; Wynne Courtroom and Atrium, Inlow Hall, McKinney School of Law at Indiana University: 530 W. New York Street Indianapolis, IN; (Open to the Public, RSVP)
- October 21 – 23; Haiti Justice Alliance of Northfield, MN (More Info to Come on Event Availability to Public)
- November 10th, 7pm; “How Human Rights Can Build Haiti…And How You Can Help”; Laws Room, First Presbyterian Church, 512 7th St. Columbus, IN; Co-sponsored by Friends of Haiti, Konbit Lasante Pou Limonade, Peace & Justice Ministry of St. Bartholomew, the Unitarian Universalist Congregation of Columbus, IN, Columbus Peace Fellowship, Social Justice Committee at First Presbyterian, North Christian Church, Pride Alliance of Columbus, & Art for AIDS. (Open to Public – Books Available for Purchase)
- More events forthcoming…
Contact Kathy Kelly, email@example.com if you would like to organize an event in your area.
Click HERE to learn more about the book.
In recent months, old charges of corruption have been brought against former President Aristide again. Charges of this nature are usually dropped before Aristide can challenge them in court. Now, Aristide supporters all over the world have come together against the latest political harassment campaign.
Part of the petition is below. Click HERE for the full text and list of signers.As former Haitian President Aristide is placed on house arrest, supporters worldwide demand immediate halt to attacks on him and Lavalas Movement
By the Haiti Action Committee, in The San Francisco Bay View
September 13, 2014
On Aug. 21, Haitian police wearing black masks and carrying heavy arms appeared in front of the home of former President Jean-Bertrand Aristide as a Haitian judge issued calls to arrest him. Hundreds of people courageously surrounded the house to protect him.
One week before, President Aristide was summoned to court on false corruption charges. On Sept. 10, he was placed on house arrest and barred from leaving the country.
This is the fourth time since his return to Haiti in 2011 that he has been the target of a politically motivated legal case. Previous charges were dropped before he could even challenge them in court.
The judge in this case, Lamarre Bélizaire, has been suspended for 10 years from practicing the law by the Port-au-Prince Bar Association for using the court to persecute opponents of the present regime. His suspension is due to begin once he steps down as judge.
President Aristide, a former priest, was Haiti’s first democratically elected president. He is loved and trusted by the majority of Haitians. While in office he built schools and hospitals, encouraged agriculture and doubled the minimum wage.
He was removed and forced into exile with his family in 2004 by a U.S.-backed military coup. Thousands of members of his Lavalas movement were killed, raped or falsely imprisoned in the aftermath of the coup.
In 2011, after seven years of grassroots organizing in Haiti backed up by an international campaign, President Aristide and his family returned home. Tens of thousands of people welcomed him.President Aristide, a former priest, was Haiti’s first democratically elected president. He is loved and trusted by the majority of Haitians. While in office he built schools and hospitals, encouraged agriculture and doubled the minimum wage.
He promised to work for education and the inclusion of all Haitians in the democratic process. He has done just that – reopening the Aristide Foundation’s university, UNIFA, where today over 900 students from all sectors of society, including those who cannot afford higher education, are training to become doctors, nurses and lawyers.
Legislative elections due to take place in Haiti in October are triggering a new chilling wave of repression aimed at President Aristide and his supporters. Lavalas has overwhelmingly won every election in which it has participated, but since the 2004 coup the party has been barred from elections.
Click HERE for the full petition and list of signers.
After security agents were mysteriously removed from in front of Aristide’s residence around 1am September 12, many questions have arisen about the cause and the former president’s safety. There are reports that the order came from the National Palace, which, if true, mean the Martelly government has put the lives of Aristide and his family at great risk. This development comes amidst an ongoing investigation of corruption charges against Aristide that have never been proven. Aristide supporters promised major protests if he were arrested. Any harm resulting from the security withdrawal could result in “significant disruption” in Haiti.Is the Martelly Government Putting Former President Aristide in Danger?
Center for Economic and Policy Research
September 12, 2014
Fanmi Lavalas leaders report that the police that have guarded former president Jean-Bertrand Aristide’s residence since he returned to Haiti in 2011 were removed around 1:00 a.m. this morning. It is unclear who ordered the removal of the state security agents, but Agence Haitienne de Presse is reporting that Haitian National Police deny giving the order, and that a “pro-government source” says the orders came from the National Palace. This news conflicts with reports yesterday that Aristide is being placed under house arrest. While Judge Lamarre Belizaire reportedly issued an order for “agents of the prison administration, known as APENA” to be placed around Aristide’s house in Tabarre (according to the Caribbean Media Corporation) and “agents of the Central Department of the Judicial Police” to guard the perimeter of his residence, witnesses on the ground say it appears that law enforcement agencies have ignored Belizaire’s order. Under Haitian law, house arrest has no legal basis.
Brian Concannon of the Institute for Justice and Democracy in Haiti, whose sister organization the Bureau des Avocats Internationaux’s Managing Attorney Mario Joseph represents Aristide, sees the withdrawal of security as retaliation against Aristide for exercising his civil rights. Specifically, Aristide’s lawyers’ are seeking the recusal and dismissal of Judge Belizaire, who is already barred from practicing law for 10 years after he leaves his position as judge.
Concannon says that the message is that “If you assert your civil rights, we’re going to expose you and your family to being killed.” He sees it as a clear signal from the Haitian government that “the police will not come to Aristide’s aid if something happens.” The secretive way in which the security was pulled, in the dead of night, is worrying, he notes.
Aristide continues to have many enemies in Haiti. He was twice ousted in violent coups, in 1991 and 2004. Some of the people involved in the coups and in the killing of Fanmi Lavalas members and other Aristide supporters continue to walk free in Haiti. Haiti’s former dictator, Jean-Claude Duvalier – who was ousted in a popular uprising by the grassroots movement that later provided the base for Aristide’s party – also lives freely in Haiti despite the various human rights atrocities committed during his rule and the diverting of hundreds of millions of dollars from the government for his family’s personal use.
There have been numerous recent attacks and threats against human rights defenders and political activists. Haïti Liberté reports:
On Wed., Aug. 20 in Cité Soleil, Clifford Charles, a member of the Fanmi Lavalas Political Organization was killed following a demonstration by residents demanding the release of their imprisoned comrade Louima Louis Juste in the National Penitentiary for the past six months for his political opinions.
Human rights defender Daniel Dorsinvil and his wife Girldy Larêche were murderedearlier this year. Well-known Fanmi Lavalas leader and human rights activist Lovinsky Pierre-Antoine remains missing after being forcibly disappeared in 2007, to name a few other examples.
In this context, the danger to Aristide is real, and it is clear that the Martelly government is putting his life and safety at risk.
Aristide continues to be widely popular, as was seen when thousands of peopleaccompanied his caravan from the airport to his residence in 2011. Over the past weeks, crowds of supporters have repeatedly gathered outside Aristide’s residence following rumors and news of his pending arrest. The AP reported on demonstrations in support of Aristide yesterday on the 26th anniversary of the most infamous assassination attempt against him, when death squads killed at least 13 people and injured 80 more at the St. Jean Bosco church where Aristide was saying mass. The AP’s Evens Sanon writes:
Supporters promised major protests would erupt if what they see as a politically motivated arrest is carried out.
“There is only one person who represents the people of Haiti and his name is President Aristide,” 37-year-old Lionel Patrick said in the yard of the church, which was destroyed in the January 2010 earthquake. “If anything happens to him, Haiti is going to be shut down.”
Any attack on Aristide’s residence is likely to result in many additional casualties.
As we have pointed out previously, the supposedly impending charges and arrest of Aristide – and now the new threat to his security – may be intended to distract from the postponement, yet again, of legislative and local elections that were supposed to be held on October 26. With another third of senate seats expiring next year, as well as the entire House of Deputies, the Martelly administration will be unencumbered by the check-and-balance of the legislature on his authority if elections are not held soon. He also could be in a position to replace local mayors with more appointed “municipal agents,” as he’s already done with 130 of them.
This real exercise of anti-democratic behavior by the current administration is getting far less attention than the rehashed allegations of corruption targeting a past president, even though 10 years of investigations in Haiti and a grand jury in the U.S. have failed to produce evidence of actual corruption by Aristide that could support criminal charges.
The security team’s unusual withdrawal is not just dangerous for Aristide, his wife and daughter. It puts the reputation of the Martelly administration, and its chief international supporter, the Obama administration on the line. If anything does happen to the Aristide residence, fingers will be pointed at President Martelly and the U.S. Embassy. Many of those fingers will come from the hands of irate Lavalas supporters, who will likely take to the streets in numbers that will cause significant disruption in Haiti.
Click HERE for the original.
Discuss ways to combat homelessness and forced evictions in Haiti.
Please join CHRGJ as it welcomes Haitian housing rights activist Jackson Doliscar along with human rights lawyer and CHRGJ alumna Ellie Happel in a public talk about ongoing activism to combat homelessness and stop evictions in Haiti. After losing their homes in the 2010 earthquake, more than 100,000 people in Haiti still live in informal tent cities.Insecure land titles jeopardize housing rights of people in the camps who face violent threats of eviction from police and private citizens alike. How can Haitian activists engage displaced communities to defend their housing rights? What can the international community can do to support local actors? How is the Global Justice Clinic engaging communities to participate in decisions and preserve their rights in the face of prospective gold-mining? What is the potential for forced displacement in mining-affected communities?
WILF hall, 5th floor conference room (139 MacDougal Street, NYU School of Law)
Thursday, September 11, 12:30-2:00pm
ABOUT THE SPEAKERS:
Jackson Doliscar grew up in a home that doubled as an organizing base in the movement for human rights and democracy under the Duvalier dictatorship, and later gained experience as a member of Chandel, a community organization that uses popular education to promote social change. After the 2010 earthquake, Jackson helped found FRAKKA, the Force for Reflection and Action on Housing, a platform of organizations and camp committees that organize and accompany the internally displaced as they fight for the right to housing. Jackson worked in hundreds of camps in Port-au-Prince. He collaborates with Haitian social justice organizations as well as Amnesty International and other allies. In 2012 Jackson presented before the International Tribunal on Evictions in Geneva and in 2014 he participated in the Equitas human rights training program in Canada.
Ellie Happel is a 2011 graduate of NYU Law School where she was a Root Tilden Kern scholar. Upon graduating Ellie received the Arthur Helton Human Rights fellowship to work in Port-au-Prince, where she worked on the cholera case against the United Nations and on cases of forced eviction in the internally displaced people (IDP) camps. In January of 2013 Ellie joined Professor Meg Satterthwaite and the Global Justice Clinic to launch a new project supporting communities affected by gold mining activity in Haiti. The GJC collaborates with the Justice in Mining Collective (“the Collective”), a platform of 5 Haitian human rights organizations based in Port-au-Prince, to help communities monitor human rights abuses and promote their interests.
Click HERE for more CHRGJ events and programs.
September 11th in Haiti, Aristide supporters remembered a massacre that occurred at former President Aristide’s church, St. Jean Bosco, in 1988. There are still rumors of an arrest warrant against Aristide but the Haitian National Police have made no attempt to arrest the ex-president. Supporters maintain that the alleged warrant is an attempt to intimidate Aristide’s political party, Fanmi Lavalas, in time for the upcoming elections.
Hear more about this situation in our August 14th conference call.Haitian ex-president supported amid arrest fears
Evens Sanon, AP
September 11, 2014
PORT-AU-PRINCE, Haiti (AP) – Supporters of former Haitian President Jean-Bertrand Aristide rallied Thursday at the site of an infamous church massacre and outside his home as the ousted ex-leader faced possible arrest for failing to appear at a court hearing.
The rallies were intended to mark the anniversary of the deadly attack by gunmen in September 1988 at the church of St. Jean Bosco, where Aristide led services and opposition to the dictatorship as a Catholic priest – as well as to guard against any attempt to arrest him at the home where he has resided quietly since his return from exile in 2011.
Supporters promised major protests would erupt if what they see as a politically motivated arrest is carried out.
“There is only one person who represents the people of Haiti and his name is President Aristide,” 37-year-old Lionel Patrick said in the yard of the church, which was destroyed in the January 2010 earthquake. “If anything happens to him, Haiti is going to be shut down.”
Aristide was summoned to testify last month in court before a magistrate conducting an investigation into corruption and money laundering. An arrest warrant was issued when he did not show up but police have so far not made any move to carry it out.
Mario Joseph, a lawyer for the former president, said the notice to appear was not properly served on Aristide and the judge has not responded to his efforts to discuss what steps should be taken next. Joseph on Wednesday dismissed as “rumors,” the existence of an arrest warrant.
Haitian National Police spokesman Frantz Lerebours confirmed to The Associated Press that an arrest warrant was issued but he said there were no immediate plans to execute it. He said police would be stationed outside Aristide’s home in Tabarre, near downtown Port-au-Prince, to prevent him from leaving, but there was no sign of them on Thursday as about 50 supporters of the former president stood by the gate.
Lerebours wouldn’t say why the warrant had not been carried out, suggesting only that there are other issues involved. “”It’s about a former president,” he said. “It’s not really the same as if it were a normal, ordinary citizen.”
Many Aristide supporters believe the warrant is an attempt to intimidate members of the party founded by Aristide, Fanmi Lavalas, to keep them from participating in upcoming parliamentary elections. They point to the fact that Jean-Claude Duvalier, the former dictator, has not been arrested despite an investigation into corruption and human rights abuses under his rule.
“It’s clear that they are opposed to Fanmi Lavalas,” said another of the demonstrators at the church, 40-year-old Marc Henry.
Aristide built a massive following among the country’s poor during the 1980s, leading opposition to the Duvalier regime and the military. On Sept. 11, 1988, thugs burned down his church, hacking and shooting to death 13 parishioners during Mass. Aristide went on to become Haiti’s first democratically elected leader in 1990. He was toppled in a coup, then returned to power with U.S. assistance and ousted again in 2004 during a violent rebellion. He returned from exile in South Africa in 2011 and has lived largely out of the public eye ever since.
Click HERE for the original.
Hear more about this situation in our August 14th conference call.
Micòl Savia, representative of the International Association of Democratic Lawyers at the United Nations in Geneva, made a statement on cholera accountability at the Human Rights Council’s 27th Session today. In the statement, Savia commends the Special Rapporteur on the human right to water and sanitation for advocating for safe drinking water, sanitation, and justice for victims of violations; and calling attention to UN involvement in Haiti’s cholera epidemic.
Past of the statement is below. Click HERE for the full text.Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development – Interactive Dialogue with the Special Rapporteur on the human right to water and sanitation
September 9, 2014
The International Association of Democratic Lawyers (IADL), along with its partner, the Institute for Justice and Democracy in Haiti (IJDH), warmly welcomes the report presented by the Special Rapporteur on the human right to water and sanitation.
We commend her for the invaluable work she has done over the past six years to raise awareness of the importance of access to safe drinking water and sanitation and to promote respect for this fundamental human right. We also thank her for emphasizing the importance of access to justice for victims in case of violations.
We particularly appreciate the fact that the Special Rapporteur called attention to the cholera epidemic in Haiti and to the UN’s involvement in the outbreak. As she stated in her report, non-state actors, including international organizations, have human rights responsibilities and should be held accountable for their failures, whether they are intentional or unintentional.
Click HERE for the full text.
A new resolution passed September 4th will attempt to proceed with elections in 2014, according to the El Rancho Accord. As it stands, elections have been delayed more than two years. While it is crucial that elections be held promptly, it is also imperative that they be fair and democratic.
Why is this so important? Read more about elections in our FAQ, here.
Haiti – Elections : The Lower House passed a resolution in favor of Article 12 of El Rancho
September 6, 2014
Thursday at 5 days of the closing of the last year of the 49th Legislature, the deputies met in plenary session, have adopted a resolution (45 in favor, 7 against and 0 abstentions) in favor of the application of Article 12 of the Agreement El Rancho allowing to bypass the blockage of Senators and promote the holding of elections this year.
Article 12 of the Agreement El Rancho, signed by the Executive, Parliament and political parties, states “In cases where amendments to the electoral law planned and proposed in the framework of the dialogue are not passed by the two branches of Parliament within the period prescribed in section eight (8) of this Agreement, Parties note with the Provisional Electoral Council (CEP) the physical impossibility of applying Articles referred. Consequently, the Parties agree that the said articles automatically enter into hold and the electoral body is allowed to override. Consequently, the Parties agree that the said articles are automatically in hold and the electoral body is allowed to override.”
In its Article 1, the resolution states that “The Provisional Electoral Council, pursuant to the Constitution and the electoral law, especially Article 19-1, supplemented by the Agreement of El Rancho, adopt the provisions necessary to organize the elections for two-thirds of the Senate, the Chamber of Deputies and local authorities at the end of the year 2014,” recalled that Article 19.1 of the Electoral Act 2013 states “The Permanent Electoral Council determines the positions for election and adopt the dates for opening and closing of the electoral campaign.”
Stevenson Jacques Thimoléon, is aware that this resolution has no binding effect but demonstrates that the House of Representatives is not a blocking element “Before you go on vacation [Monday, September 8, 2014] the deputies have seen fit to take this position in order to inform the national and international opinion, that they are for the organization of elections at the end of this year.”
For the deputy Sadrac Dieudonné, President of bloc minority of the opposition “Parliamentarians for Institutional Strengthening” (PRI), the resolution is a “masquerade” that will change nothing to the current electoral crisis nor blocking by the G6 in the Senate for ratification of the amendments to the electoral law.
Full text of the Agreement El Rancho (in french) :
Click HERE for the original.
Read more about elections in our FAQ, here.
This is a good summary of Fran Quigley’s new book, and why a grassroots, human rights approach is the best way to rebuild the country. Prominently featured in the book are Mario Joseph, Brian Concannon, and their colleagues working tirelessly to help build the legal system in hope for a better Haiti.Book Brief – How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
Laura Faas, Health and Human Rights Journal
September 4, 2014
How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
Vanderbilt University Press (forthcoming September 2014)
ISBN: 978-0-8265-4993-1 (cloth $35.00)
By Health and Human Rights editorial intern Laura Faas
How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign presents the legal and grassroots battles in Haiti as human rights-based strategies that are both practical and attainable in the fight for social justice. One of this text’s accomplishments is its demonstration of how a new, bottom-up approach to transforming Haiti is “creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.”
While poverty and suffering have silently overrun Haiti for centuries, the January 2010 earthquake thrust the nation’s challenges to the center of the world’s stage. In How Human Rights Can Build Haiti, author Fran Quigley explains that although the donations pledged for Haiti immediately after the disaster were on an unprecedented scale, only half of these funds were actually delivered in the first three years following the earthquake. And of the money that has been delivered to Haiti, little has been used to ameliorate the suffering of the Haitian people. Quigley writes:
The United Nations estimates that less than 1 percent of the funding has been delivered through the Haitian government, where the money could help build the state’s long-term capacity to provide services. Instead, most of the funds have been delivered to a disjointed and inefficient jumble of non-Haitian non-governmental organizations, too many of which have wasted the money meant to help those in need (3).
Quigley describes the natural and man-made disasters, corruption, and neglect that have plagued Haiti throughout its 200-year history. He lays out experts’ widely held assertions that the vast and enduring after-effects of the 2010 earthquake could have been prevented if the country had a true legal system in place. He credits Haitian lawyer Mario Joseph and American lawyer Brian Concannon of the Boston-based Institute for Justice and Democracy in Haiti, with significant contributions to Haiti’s legal system since the early 2000s, maintaining that without their ongoing efforts, the impacts of the earthquake would have been even more profound. He devotes a full chapter to a landmark human rights case that Concannon and Joseph won in 2000, which resulted in the conviction of 53 soldiers for human rights abuses in connection with a 1994 massacre, a case that cemented the lawyers’ reputation as advocates for Haiti’s poor and disenfranchised.
This major legal win laid the groundwork for Joseph and Concannon’s current effort: a multi-billion-dollar class action lawsuit against the UN on behalf of Haiti’s cholera victims. In the book’s first chapter, “Kolera and the United Nations,” Quigley demonstrates the historic significance of this lawsuit, which sought reparations after the UN’s introduction of cholera to Haiti following the earthquake.
Quigley also details other efforts to hold the international community accountable for the neglect and mistakes made in Haiti pre-and post-earthquake. For example, in looking at the lack of infrastructure rebuilding since the quake, Quigley concludes that investors have no incentive to “finance construction on land in a country where it is next to impossible to prove legal title.” This is central to his argument that a legitimate system of governance would fundamentally improve Haiti.
How Human Rights Can Build Haiti is a cohesive and comprehensive text that deconstructs Haiti’s socioeconomic and political background. In doing so, it illustrates how current efforts of lawyers and activists in Haiti constitute a groundbreaking, bottom-up movement that offers real potential to “bring justice to the poor and reverse the legacy of lawlessness and suffering in Haiti.”
Click HERE for the original.
In August, the Tahirih Justice Center received a very generous financial gift to serve vulnerable immigrant girls, particularly from Mexico and Central America, who have recently arrived along the US border as “unaccompanied alien children”. Tahirih Justice Center is seeking to immediately hire two full-time employees to work in the Houston office: a Children’s Attorney and a Children’s Legal Advocate. Both positions are a 3-year contract. Links to the job postings are below.
This article describes the failures of foreign aid in Haiti, particularly after the 2010 earthquake. Though billions of dollars were donated or promised, not much change has occurred. A large part of this is due to lack of accountability in distributing those funds. Human rights activists still have faith that learning from those lessons will one day create a better Haiti.
Part of the article is below. Click HERE for the full text.How Humanitarian Aid Weakened Post-Earthquake Haiti
Michelle Chen, The Nation
September 2, 2014
More than four years after Port-au-Prince crumbled to the ground, last month’s meeting with a delegation from the American Chamber of Commerce seemed to mark Haiti’s steady new pathway to recovery. Business elites posed for photo-ops and affirmed President Michel Martelly’s goal to “make Haiti an emerging country by 2030.”
Elsewhere on the island, tens of thousands had yet to emerge from the ruins of the 2010 earthquake and were clustered in makeshift encampments, still frozen in the aftermath of the catastrophe.
It was on behalf of these Haitians that human rights activist Antonal Mortime paid a visit to Washington, DC, the same week that the AmCham shmoozed in the Haitian capital. In collaboration with the American Jewish World Service, he came to tell US activists that Western aid efforts had harmed far more than they had helped. More than four years since Haiti was flooded by aid money, the chaotic rebuilding effort has widened the country’s social rifts, bringing the first emancipated black republic under the yoke of a new kind of imperialism.
In an interview with The Nation, Mortime, executive secretary of the Platform of Haitian Human Rights Organizations (POHDH), described the social disaster that had unfolded under the banner of humanitarian aid.
The money that has trickled down has been absorbed in large part by a phalanx of NGOs jostling chaotically for international grant money. Despite some good intentions, many of these groups, Mortime argues, have funneled money into ill-planned projects with little oversight or accountability, leading to waste and profiteering that have likely impeded the country’s long-term development.
For many of the countless NGOs that have mushroomed post-disaster, Mortime says, “I think it was important for them to go and help Haiti. But the way they went about it was not the right way.” Because some NGOs had haphazardly delivered services in a way that displaced indigenous institutions and local services, he adds, “humanitarian aid actually contributed to a weakening of the state and also to the weakening of local organizations.”
Click HERE for the full text.
This article does a great job outlining the current allegations against Aristide and how the Haitian and other foreign governments could use it to undermine elections. Bringing widespread media attention to Aristide’s arrest warrant is a tactic his opponents have used many times in the past, to lower public opinion of Aristide and his party (Fanmi Lavalas) before elections.Haiti’s Fragile Democracy
Lauren Carasik, Jurist
August 31, 2014
The latest chapter in a long series of preliminary legal actions against Haitian President Jean-Bertrand Aristide has generated a series of standoffs. Outside Aristide’s house in the suburb of Tabarre, his supporters have gathered several times in the past weeks to protest announced efforts to arrest him and have usually been dispersed with tear gas by Haitian police and UN soldiers. Inside the Courthouse Judge Lamarre Belizaire insists that the police execute an arrest warrant he issued on August 14, while his chief judge issues contradictory statements about whether the effort to have him recused—now before Haiti’s Cour de Cassation (Supreme Court)—affects the warrant’s validity. In the court of public opinion, Aristide’s lawyers—who have not been allowed any hearings or access to the case file—argue that the Judge Belizaire is an illegally-appointed judge following a deeply flawed process to harass an opponent of the government that named him.
Judge Lamarre Belizaire issued the August 14 arrest warrant after Aristide failed to appear to answer a summons issued the day before, on what Aristide’s lawyers contend are politically-motivated, time-barred charges. Mario Joseph, head of the Bureau des Avocats Internationaux, claims the summons was neverproperly served and that Aristide never received it. The criminal investigation centers on allegations of corruption, criminal conspiracy, money laundering and misappropriation of funds during Aristide’s presidency that ended with a US-backed coup more than a decade ago.
This is not the first time that Aristide has been the target of charges that are brought with public fanfare and then dropped before Aristide has an opportunity to challenge the allegations. Aristide’s supporters claim the repeated legal actions are aimed at discrediting him and Fanmi Lavalas, the country’s most popular political party, that he founded, and intended to undermine a free and fair electoral process in Haiti.
Aristide’s lawyers Mario Joseph and Ira Kurzban claim the charges are wholly fabricated and reflect Belizaire’s bias. Belizaire, who was appointed by President Michel Martelly, has a history of using his judicial role to pursue Martelly’s political enemies. This practice led the country’s Bar Association to suspend him for ten years, starting when he steps down from the bench. Joseph and Kurzban echo the concerns of others who suggest that the meritless charges were manufactured to hinder elections scheduled that have been overdue since 2011, when Martelly became president. Joseph also believes the reports were calculated to distract the public from the jailbreak of over 300 prisoners, including Clifford Brandt—a member of one of Haiti’s wealthiest families with ties to the government, who is suspected in a number of high profile kidnappings—from a maximum security facility outside of Port-au-Prince on August 10; he has since been recaptured. Others have suggested that sullying Aristide’s reputation diverts attention from the prosecution of former dictator Jean Claude “Baby Doc” Duvalier for financial malfeasance and crimes against humanity. Aristide’s lawyers have also filed a precautionary measures (injunctive relief) petition to the Inter-American Commission on Human Rights, seeking to protect Aristide from the abuse of state power.
Aristide, the country’s first democratically-elected president, has maintained a low profile since returning to Haiti from forced exile in 2011, focusing on education and health care for the country’s impoverished masses. Yet he symbolizes a popular grassroots mobilization that those with a tight grip on the reins of power appear to find threatening.
Haiti has seen more than its share of hardship and deprivation. The 2010 earthquake that killed more than 200,000 people and the cholera epidemic that followed on its heels continue to ravage the country, compounding endemic poverty and corruption. The 2011 election that brought Martelly into power was held less than a year after the catastrophic quake, in the midst of a humanitarian crisis. The voting process was widely contested: Martelly, who has ties to Duvalier, only triumphed after an unprecedented intervention by the Organization of American States (OAS) (more specifically, by the US, France and Canada) and with Fanmi Lavalas barred from participating, in an election that was widely boycotted by political parties and voters.
Legislative elections had been scheduled for October 26 of this year, but Haiti’s electoral authority announced on August 11—two days before the Arsitide summons—that they will now need to be delayed yet again. Since the 2011 elections, the terms for elected local officials and one-third of senators’ seats have alreadyexpired. The shortage of seated senators has paralyzed the legislative process since the open seats allow a small number of senators to defeat a quorum. Martelly has appointed “municipal agents” to fill the vacant mayoral seats.
Another third of the Senate seats and the 99-member House of Deputies will be vacant next year if elections are not held this fall. The process of implementing the constitutionally-mandated Permanent Electoral Council tasked with overseeing elections has been fraught with delays and controversy. Various civic groups point out that Martelly has benefitted from missteps in setting up the council. Without elections this year, Martelly will further consolidate his grip on power, and with only a third of the senate remaining, the legislative process would grind to a standstill.
The investigation into alleged wrongdoing by Aristide follows an all-too familiar pattern. The Haitian government first filed a civil suit against Aristide and several co-defendants in the US District Court of the Southern District of Florida in November 2005. The Haitian government, which had come into power following the 2004 coup, and the US government held a series of press conferences and briefings about the case, generating extensive media attention. Yet despite the apparent enthusiasm for, and investment in, the case, Haitian authorities never served the complaint on Aristide or any of the other defendants. Aristide was in South Africa at the time, complicating the process of serving him with the complaint, but other defendants were living openly in Florida. The Haitian government sought one extension to serve the defendants, but declined to seek another, eventually requesting that the case be dismissed just before the service deadline. This was more than six months after the initial filing and the Haitian government retained the right to re-file the complaint. After the enthusiastic media campaign to publicize the suit, critics questioned the government’s motivation in bringing and then dismissing the case. Charges brought in Haiti against Aristide in 2005 on the same charges were dismissed in April 2006, after a judge found that the government failed to submit the case to the appropriate court.
The current investigation is the third time the Haitian government has pursued a criminal complaint against Aristide in 20 months. Each time, the warrant was leaked to the press before being served on the former president. The first time, in January 2013, the charges were so patently unjustified that when Aristide’s lawyers pushed back, the prosecutor dropped the case after trying to save face by canceling the formal hearing and conducting an informal interview at Aristide’s house. The case backfired politically, as the informal interview was seen as an embarrassing capitulation. Aristide was targeted a second time for investigation, in May 2013, in the investigation of the April 2000 murder of journalist Jean-Dominique. Aristide was properly summoned, and attended the hearing, as 10,000 of his supporters protested outside. Lacking any merit to the allegations, the prosecutor let that case drop as well.
Mention of Aristide’s imminent arrest engenders widespread media attention. Yet the press reports on these events uncritically: the stories neglect to mention the past initiatives that were summarily abandoned, give scant attention to the procedural irregularities that taint the charges and fail to contextualize the judge’s documented history of partisan behavior. This is not a new tactic for the Haitian government. US State Department cables released by Wikileaks suggest that previous arrest warrants for Aristide were also politically motivated—and supported by top UN officials—aimed at dampening support for the deposed leader. International meddling in Haitian politics reinforces the entrenched power structure. A statistical analysis of the 2011 election by the Center for Economic and Policy Research demonstrated that the OASintervention on behalf of Michel Martelly was unwarranted.
Given the Haitian government’s pattern of charging Aristide when it is politically expedient to do so, the decade old allegations are likely to resurface even if the current investigation is not pursued. Until Haiti’s government fosters the conditions for a free and fair democracy, the descendants of the first country to throw off the shackles of slavery will continue to face bleak conditions.
Click HERE for the original.
Despite rules against forming relationships with locals, United Nations peacekeepers have left many babies behind in Haiti. The mothers are left to provide for the children with no support from the children’s fathers. Some of these mothers are now seeking support from the UN, which does have a system for these types of claims, but needs to do a better job of making it known.Haitian moms demand UN help for the babies their peacekeepers left behind
Amy Bracken, PRI
August 29, 2014
When the US military pulled out of Vietnam in 1973, it left something of a living legacy: Tens of thousands of pregnant Vietnamese women. But this issue is not confined to Americans in Vietnam, or even to wartime. It’s also an often overlooked side effect of United Nations peacekeeping operations.
Now, the babies of UN peacekeepers are becoming an issue in Haiti.
In the seaside town of Port Salut, 5-year-old Sasha Francesca Barrios basks in the attention of her mother and a couple of visitors. Barrios lives in a small house with her mother, grandmother and aunt. She talks about school and sings the popular Haitian children’s song “Ti Zwazo,” or Little Bird.
And when Sasha’s mother asks her to identify the young, pale man in a photo, she knows right away — “Papa.” Roselaine Duperval, her mother, says Sasha’s father was a Uruguayan marine in the UN peacekeeping mission in Haiti — known as MINUSTAH, its French acronym.
“They came here, and there was one who was friends with me,” Duperval says. “He said he loved me, and we were together. I never thought if I stayed with him and had a child with him, that he would leave and not support the child.” But he did. Sasha has never met him.
Duperval says the marine gave her $200 early in her pregnancy, but he left Haiti before Sasha was born and she never heard from him again. Now she’s scraping by giving manicures and pedicures in people’s homes. And she knows other women in similar situations.
“They come in our country to help us and they don’t help us; they have kids with us and leave,” she says. “I need aid for my child, to pay for school. It’s MINUSTAH’s responsibility. We’re in a country without work. We need the UN’s help. They know MINUSTAH troops leave babies here, children without dads.”
The UN does have a policy of helping facilitate paternity claims and child support in these kinds of cases. In February, the UN brought seven mothers — including Duperval — to the capital with their children for DNA tests. The mothers are still waiting for results.
Credit: Amy Bracken
Sasha Barrios holds up a picture of the Uruguayan marine her mother says is Sasha’s father. The man was a member of MINUSTAH, the UN peacekeeping for in Haiti.
And while the UN plays a role, it’s ultimately up to the country where the peacekeeper is from to determine follow-up. In the case of Duperval and her six fellow mothers, a Uruguayan military official said the alleged fathers have been asked to submit DNA samples. If paternity is established, it will be up to the Uruguayan courts to determine what should be done about it.
Of course, establishing paternity and getting child support are a challenge when the dad is a local Haitian, says community activist Miriame Duclair, let alone when the father is a foreign peacekeeper.
“The difference is if it’s [a Haitian] dad, often his family will help the mom,” Duclair says. “But when a foreigner leaves a child, there’s no one to help. When the UN talks about coming to Haiti to stabilize, it’s not true. They come to destabilize.”
Both the UN and the Uruguayan army say they strictly forbid such relationships. Uruguayan Col. Girardo Frigossi says no matter what the circumstances, relationships between UN peacekeepers and locals are never acceptable.
“There’s no possibility of any relation, consensual or not,” he says. “Because the power is in the UN soldier — because they have food, they have water, they can provide security, they have money.”
Sylvain Roy of the UN’s Conduct and Discipline Unit, or CDU, makes it even clearer. “Regardless of whether the mother might have been consenting,” he says, “the relationship is exploitative.”
Yet the chances for mothers receiving restitution are slim. The UN only started pulling together paternity claim statistics last year, and they show only 19 substantiated paternity claims against peacekeepers across the entire globe from 2010 through 2012. An independent report suggests there were many more claims before the UN began recording cases.
And in Haiti, many mothers aren’t making claims because there isn’t a known system for doing that. The Port Salut women were only brought to the attention of the UN when an American journalist reported on them in 2011.
The CDU’s Roy says this is an area that needs improvement. “You cannot expect a woman living in the middle of Congo, for example, to be able to file a claim for recognition of paternity, and then child support, in a court on another continent,” he says, “but it’s a situation with which we’ve got to deal.”
In the meantime, mothers left behind have a simple request. Rose Mina Joseph was 16 when she became pregnant, she says, by a 35-year-old Uruguayan peacekeeper. “I want MINUSTAH to get me out of poverty,” Joseph says, “to put me and my child in a better place.”
Click HERE for the original.
Though the Dominican Republic has begun a program of documenting migrants so they can eventually gain citizenship, many are excluded from this program because of the requirements: Thousands don’t have the work documentation, passports, or other documents required and the fees to obtain them are prohibitive. Human rights advocates continue to fight for those who remain stateless.Dominican legal status still elusive for migrants
Ezequiel Abiu Lopez, Yahoo News
August 28, 2014
SANTO DOMINGO, Dominican Republic (AP) — The Dominican Republic will soon issue the first residency and work permits for migrants under a new program that will enable them to avoid the risk of deportation, officials said Thursday, conceding that so far few have managed to qualify.
Since the year-long application period opened on June 2, more than 115,000 people have applied for legal status in the country, according to Deputy Interior Minister Washington Gonzalez.
So far, however, only 275 have met the criteria, Gonzalez said. The first 80 will be receiving their permits in the coming days.
Gonzalez said that only about half of all applicants have submitted any of the required proof.
“This tells us where the problem is,” he said. “The foreigners can’t obtain the documents.”
The difficulty has worried advocates for migrants and frustrated many of the applicants, who have been waiting in long lines this summer to submit the piles of documents to show they meet the eligibility requirements, which include having come to the country before October 2011.
“These statistics are certainly worrisome, and you might even say alarming,” said Horacio Rodriguez, head of migration policy at Centro Bono, a Jesuit organization that has assisted migrants, mostly from neighboring Haiti, to apply for legal status.
Interior Minister Ramon Fadul has warned that migrants who don’t secure legal status under this program may face deportation as the country seeks to gain greater control over its border.
The program to allow migrants to seek legal status was approved in 2004 but stalled until the Supreme Court ordered the government to implement it in a ruling last September. The deadline for applying is May 31.
In a separate part of the September ruling, the court also said people born to non-citizens do not automatically qualify for Dominican citizenship, retroactively stripping thousands of people of what they believed to be their nationality, and it directed the government to enact a plan to resolve their status as well. The government yet done to do so.
The Dominican Republic, which has a population of about 9 million, has long drawn large numbers of migrants from neighboring Haiti, many of whom come to work in the sugar field or in other low-wage jobs. A U.N. study has estimated the population of undocumented migrants in the country at about 500,000, nearly 90 percent of Haitian descent.
Migrants seeking to establish their legal status have to produce proof that they have been in the country since before Oct. 19, 2011, as well as documentation of their work and other proof that they have established themselves, which may not be easy to obtain for those who work in construction or agricultural and other informal sectors.
Cost is also apparently a factor, even after the Haitian government dropped the price for basic identity documents such as a passport and birth certificate to help the migrants apply for legal status. Joseph Cherubin, director of an organization of Haitian workers in the country, said if you add up the price of all the documents, the services of a notary and add in transportation, it comes to about $150, more than most farmworkers earn in a month.
Click HERE for the original.
L’Organisation des États américains fait pression sur le gouvernement haïtien pour la tenue des élections, mettant l’accent sur l’accord d’El Rancho. Le problème, c’est la méthode de l’Accord de la nomination d’un Conseil électoral provisoire en contradiction avec la Constitution. D’ailleurs, le Sénat n’a pas approuvé l’accord.
Pour plus d’informations sur les elections, cliquez ICI (texte en anglais).L’OEA appelle à l’organisation d’élections en Haïti
Haiti Press Network
28 août 2014
Le Conseil permanent de l’OEA plaide en faveur de l’organisation d’élections en Haïti en vue de renforcer le processus démocratique. Tout en renouvelant sa volonté d’apporter son soutien et son appui technique au processus, l’OEA appelle les acteurs au respect de la Constitution et de l’accord d’El Rancho pour faciliter la tenue des scrutins.
Voici le texte de la résolution adoptée par le conseil permanent de l’Organisation des États américains:
CP/DEC. 55 (1985/14)
SOUTIEN À L’ORGANISATION ET À LA TENUE
DES ÉLECTIONS EN HAÏTI CONFORMÉMENT À L’ACCORD D’EL RANCHO
(Déclaration adoptée par le Conseil permanent la séance tenue le 27 août 2014)
LE CONSEIL PERMANENT DE L’ORGANISATION DES ÉTATS AMÉRICAINS,
PRENANT EN COMPTE la déclaration CP/DEC. 53 (1965/14) du Conseil permanent en date du 30 avril 2014 sur le processus électoral en Haïti et le soutien continu de l’Organisation des États Américains au dit processus par son appui technique et ses missions d’observation électorale,
AYANT À L’ESPRIT les efforts du Gouvernement haïtien et la signature de l’accord d’El Rancho par les trois pouvoirs de l’État, à savoir, l’exécutif, le législatif et le judiciaire, et les représentants de la société civile, ouvrant ainsi la voie à l’organisation d’élections périodiques, libres, justes et transparentes,
RECONNAISSANT que les parties se sont mises d’accord sur les bases politiques et constitutionnelles pour l’organisation de ces élections lors de la signature de l’accord d’El Rancho le 19 mars 2014,
Qu’il importe que toutes les parties, à savoir, l’exécutif, le judiciaire et le législatif, respectent pleinement leurs engagements politiques ainsi que leurs obligations juridiques et constitutionnelles visant à faciliter l’organisation rapide des élections nécessaires pour le renouvellement des mandats des autorités législatives et municipales;
Les progrès réalisés depuis la signature de l’accord d’El Rancho en Haïti, en particulier la mise en œuvre des engagements par l’exécutif et le judiciaire, ainsi que l’établissement d’un Conseil électoral qui est maintenant en place et œuvre à la tenue de ces élections,
Que le projet de loi électorale, outil essentiel à l’organisation de ces élections, a été voté le
1er avril 2014 par la Chambre des députés d’Haïti et immédiatement transmis au Sénat pour examen et approbation;
Notant par ailleurs qu’à ce jour, aucune mesure n’a été prise par le Sénat à cet égard,
1. Son soutien continu au processus électoral et à la tenue sans délai des élections qui auraient déjà dû avoir lieu.
2. Sa profonde préoccupation face au manque de progrès dans le processus électoral.
3. Qu’il invite instamment toutes les branches du Gouvernement et toutes les parties prenantes à poursuivre le dialogue pour remplir, de toute urgence, leurs obligations conformément à la Constitution et à l’accord d’El Rancho afin d’assurer la tenue d’élections en 2014.
4. Sa solidarité avec les autorités et le peuple haïtien dans leurs efforts pour le renforcement de l’état de droit par le renouvellement des institutions démocratiques au moyen de la tenue d’élections libres, justes et transparentes.
5. Qu’il demeure saisi des événements survenant à cet égard.
Cliquez ICI pour l’original.
This article details both the theory that cholera in Haiti was triggered by environmental factors, as well as the evidence showing that United Nations peacekeepers triggered the epidemic through negligent sanitary practices. The author then describes the actions BAI and IJDH took to seek justice for cholera victims, from the 2011 petition demanding UN accountability through the 2013 complaint filed in the Southern District of New York. He also outlines some of the legal arguments against the UN’s response, as well as outside reactions to the case (including former UN High Commissioner Navi Pillay’s).
The introductory paragraph is below. Click HERE for a pdf of the full article.Cholera in Haiti: A Perfect Storm of Scientific and Legal Uncertainty
Guy R. Knudsen, Natural Resources & Environment
To date, the Haitian cholera epidemic that broke out
in 2010 has killed more than 8,500 people, and sickened
another 600,000. Although United Nations
(UN) peacekeeping forces have been widely blamed
for introducing the bacterial pathogen into Haiti, the UN
continues to deny responsibility and rejects demands for victim
compensation. Recently, two human rights groups filed a
class action lawsuit against the UN in federal court, seeking
compensation for cholera victims. The suit, which ventures
into largely uncharted waters of international law, takes place
against a backdrop of intense and sometimes rancorous scientific
debate about the human and environmental determinants
of the epidemic. The UN is relying on a two-pronged defensive
strategy: first, a defense based on immunity derived from
its traditional diplomatic privileges and immunities, which
dates back to the organization’s founding in 1946. Second, a
defense based on a lack of proximate cause, which is bolstered
by several prominent scientists’ theory that the pathogen
may have been endemic to Haiti and only was unleashed by
the combined effects of climate change, a devastating earthquake,
and unusually violent weather episodes. In this article,
I will discuss this evolving dimension of international law,
particularly as it is intertwined with ongoing scientific and
Click HERE for the full article.
The Organization of American States is pressing the Haitian government to hold elections, emphasizing the agreement made in the El Rancho Accord. The problem is, the El Rancho Accord’s method of appointing a Provisional Electoral Council contradicts the Constitution and the Senate has not approved the Accord.
Learn more about the delayed elections in our FAQ, here.OAS Permanent Council Urged Haiti to Hold Overdue Elections and Convened a Special General Assembly on Strategic Vision
August 27, 2014
The Permanent Council of the Organization of American States (OAS) today adopted a Declaration calling on the three branches of government of Haiti to comply with the agreement knows as El Rancho and to call legislative and municipal elections by the end of 2014, and also convened a Special General Assembly on the Strategic Vision for the Organization to be held on Friday, September 12.
The Chair of the Permanent Council and Representative of Saint Lucia, Ambassador Sonia Johnny, said theDeclaration on Haiti supports “the efforts of a member state to be able to hold elections in accordance with the terms of its constitution and with other agreements.”
Introducing the resolution, the Permanent Representative of Haiti, Edmond Bocchit, recalled the support given by the Council to the El Rancho Accord which provided for the holding of elections on October 26 and which he described as “a step in the right direction.” “Unfortunately this agreement is now facing great difficulties; you supported us, encouraged all actors to respect their commitments, and today I come to seek the solidarity of the OAS and its member states regarding a situation facing our nation, because we know that the well-being of Haiti’s democracy must be a priority for the region,” said Ambassador Bocchit.
The Secretary General of the OAS, José Miguel Insulza, explained the scope and impact of the situation in Haiti and said that if the elections are held as scheduled in the agreement, “on the first of January if there are no elections Haiti will be left without a Senate, therefore we’ll be left without a constitutional institution. “ He said that the OAS “is prepared to support the democratic process in Haiti, especially the elections, in accordance to the Constitution and the laws of the country,” and assured the Council that the OAS will continue to accompany the political process through high level visits, the presence of an office in Haiti, and the work of the Group of Friends of Haiti in Washington DC.
The leader of the hemispheric Organization added that “the international community, including the OAS, can only assist in this process of democratic consolidation and then only upon the request of the legitimately elected Government of Haiti. From this perspective we hope that all stakeholders in the political process continue to work together to create the best circumstances for stability and growth and security.” He insisted that the Organization “hopes that the dialogue that started at the beginning of the year will continue and that all those who are not part of this process should be encouraged to take part,” as this is the best channel to voice all their concerns and needs.
The adopted resolution states that all parties fully honor “their political commitments as well as the legal and constitutional obligations to facilitate the speedy organization of elections necessary for the renewal of the mandates of legislative and municipal authorities”; and urges all state powers “to continue the dialogue in order to fulfill, as a matter of urgency, their obligations under the Constitution and the El Rancho Accord for the purpose of ensuring the holding of elections in 2014.”
On this, the Secretary General Insulza noted that Article 3 to the El Rancho clearly speaks of the Constitution, “and this is a wider approach that takes us in the direction of Article 156 of the Constitution which relates to the responsibility of the President regarding governance and the functioning of the democratic institutions.”
(The “Strategic Vision” part of this article has been cut off because it’s not relevant to this site.)
Click HERE for the original.
Learn more about the delayed elections in our FAQ, here.
This update focuses mostly on the current case against former Haitian President Aristide, with a brief mention of the August 10th prison break at the end. One key point is that people who usually oppose Aristide are joining Aristide supporters in denouncing the judge heading the case him. Realizing the importance of the rule of law, these opponents are putting aside their political differences in the name of justice.Haiti: Aristide’s lawyers question inquiry
Weekly News Update on the Americas blog, World War 4 Report
August 26, 2014
Former Haitian prime minister Yvon Neptune (2002-2004) appeared before investigative judge Lamarre Bélizaire at the judge’s Port-au-Prince office on Aug. 22 to answer questions in an inquiry into allegations of corruption and drug trafficking during the second administration of former president Jean-Bertrand Aristide (1991-1996, 2001-2004). Bélizaire has notified the authorities that 33 people, most of them connected with Aristide’s Lavalas Family (FL) party, are not permitted to leave the country because of their connection with the investigation. After the Aug. 22 session, Neptune, who has broken with Aristide, told reporters that he had no problem answering Bélizaire’s summons. (Radio Kiskeya, Haiti, Aug. 23)
Lawyers for Aristide, on the other hand, have challenged Bélizaire’s entire inquiry and his qualifications to head it. Aristide was reportedly ordered to appear before Bélizaire on Aug. 13, but human rights advocate Mario Joseph, Aristide’s lead attorney, said the former president never received the summons. Joseph himself went to Bélizaire’s office to deliver a letter on the subject, but the judge wasn’t present. Aristide’s legal team is demanding that Bélizaire be removed from the case on the grounds that there were irregularities in his appointment as judge and that he is a member of the center-right Tèt Kale Haitian Party (PHTK) of President Michel Martelly (tèt kale is Creole for “Bald Head,” a nickname for the president). Lavalas supporters have maintained barricades around Aristide’s house in the northeastern suburb of Tabarre since mid-August in case Judge Bélizaire issues an arrest warrant for the former president.
Aristide’s backers aren’t the only ones questioning Bélizaire’s investigation. “This case should be handled by another judge, one who understands respecting the law,” Pierre Espérance, the director of the National Human Rights Defense Network (RNDDH) and a longtime Aristide opponent, told the online Haitian news service AlterPresse. “Judge Lamarre lacks character and temperament. He kneels before the executive.” According to Espérance, Bélizaire hasn’t had training to investigate financial crimes. “If he stays on the case, it’s because he has a personal interest.” (AlterPresse Aug. 13, Aug. 13; Radio Kiskeya Aug. 17, Aug. 17)
The Haitian court system is often accused of being influenced by political interests. On Aug. 11 a court in the northwestern city of Gonaïves sentenced Wilford Ferdinand (“Ti Wil”) and his cousin Alix Suffrant (“Bout Zòrèy”) to nine years at hard labor for the April 2007 murder of Johnson Edouard, a former correspondent for the weekly Haïti Progrès and a regional coordinator for FL. Ferdinand was a leader in the so-called “Cannibal Army,” a local group that initially supported Aristide but later joined right-wing paramilitary groups seeking his overthrow. Ferdinand charged that the sentence against him was politically motivated. “Investigative judge Pierre Michel Denis is a member of the Lavalas Family party,” Ferdinand said. But he thanked the public ministry’s representative, Enock Géné Génélus, for his help. Normally the public ministry, responsible to the Martelly government, would be expected to lead the prosecution; in this case, it supported the defendant. (AlterPresse, Aug. 14)
In a major embarrassment for the criminal justice system, 329 prisoners broke out of the prison in Croix-des-Bouquets, northeast of Port-au-Prince, on Aug. 10. One of the escapees was Clifford Brandt, a wealthy business leader’s son who is charged with masterminding the October 2012 kidnapping of other members of the elite. There was speculation that Brandt’s backers were behind the massive jailbreak. Brandt was captured two days later by Dominican soldiers in Hondo Valle, just across the border from Haiti. As of Aug. 13 only some 20 of the escaped prisoners had been recaptured. (AlterPresse Aug. 13, Aug. 13)
From Weekly News Update on the Americas, August 24.
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