a1168AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF HAITI AND THE ORGANIZATION OF AMERICAN STATES (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Robert Benodin <r.benodin@worldnet.att.net>

AGREEMENT
 BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF HAITI
AND
THE GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES
ON THE SPECIAL MISSION
OF THE ORGANIZATION OF AMERICAN STATES
TO STRENGTHEN DEMOCRACY IN HAITI

March 5th 2002


          The Government of the Republic of Haiti (the Government of Haiti)
and the General Secretariat of the Organization of American States (GS/OAS),
(‘’the Parties’’) have agreed as follows:
ARTICLE 1
PURPOSE


          1.1.          The purpose of this Agreement is to establish terms
and conditions to enable the OAS Special Mission to Strengthen Democracy in
Haiti (the Mission) to carry out its work adequately, in collaboration with
the Caribbean Community (CARICOM), and in accordance with AG/RES. 1831
(XXXI-O/01) and CP/RES.806 (1303/02) corr.1 of January 16, 2002.

          1.2.          The Mission’s work shall cover the areas of
security, justice, human rights and the development of democracy, good
governance, and institution-building.  The document detailing the balanced
distribution of the Mission’s work in those areas, which is being consulted
with CARICOM, other OAS member states, including Haiti, and Permanent
Observers, will be incorporated into this Agreement, once that document has
been adopted by the duly authorized representatives of the Parties.

          1.3.          The Mission’s work is directed at investigating and
assessing the situation and assisting the Government and people of Haiti in
strengthening their democratic system and institutions.

ARTICLE II
GUARANTEES AND INFORMATION

2.1.             In fulfillment of this Agreement, the Government of Haiti
guarantees
the Mission and its members free and safe access to all elements of Haitian
politics and civil society, including the press and the opposition parties.
Likewise, the Government of Haiti, within the framework of Haitian law and
in accordance with the Charter of the OAS, shall provide the Mission and its
members with all facilities to exercise their functions including free
movement throughout Haitian territory and full access to all governmental
organs, agencies, and entities and to their records and documents.

          2.2.          Among the activities to be carried out by the
Mission and its members are the following:

a.                   To conduct the investigations and evaluations that they
deem necessary;

b.                   To make the recommendations and to provide the
assistance they consider relevant; and

2.3.                                        The GS/OAS shall report
periodically to the OAS Permanent Council and to the Government of Haiti on
the activities of the Mission.  The GS/OAS will keep the public
appropriately informed through the media.


ARTICLE III
MEMBERS OF THE MISSION

          3.1.          The GS/OAS shall inform the Government of Haiti of
the names of the individuals making up the Mission, who shall be duly
identified by an OAS identification card specially prepared for the Mission,
in accordance with Article 9.1 of this Agreement.

          3.2.          The OAS Secretary General shall appoint the members
of the Mission, who shall perform the functions necessary for the
satisfactory implementation of this Agreement.


ARTICLE IV
PRIVILEGES AND IMMUNITIES OF THE MISSION

          4.1.          The privileges and immunities of the Mission and its
members shall be those accorded to the OAS, to its organs, and to their
staff, pursuant to Articles 133, 134, 135, and 136 of the OAS Charter, the
instrument of ratification of which was deposited by the Government of Haiti
on March 28, 1951, the Agreement on Privileges and Immunities of the
Organization of American States, the instrument of ratification of which was
deposited by the Haitian Government on March 13, 1952, and the Agreement on
the Operations of the Office of the GS/OAS in Port-au-Prince, signed by the
Government of Haiti and the GS/OAS on March 8, 1972.

          4.2.          The property and effects of the Mission in any part
of Haiti and in the possession of any person shall enjoy immunity against
any type of judicial proceeding, save in those specific cases for which said
immunity is expressly waived.  However, it is understood that said waiver of
immunity shall not have the effect of subjecting such property and effects
to any type of execution measure.

          4.3.          The premises occupied by the Mission shall be
inviolable.  Moreover, their property and effects, in any part of the
territory of Haiti and in the possession of any person, shall enjoy immunity
against search and seizure, confiscation, expropriation, and against any
form of intervention, be it executive, administrative, judicial, or
legislative.

          4.4.          The files of the Mission and all documents
pertaining thereto or in its possession shall be inviolable, wheresoever
they are located.

          4.5.          The Mission shall be: (a) exempt from any type of
internal taxation, it being understood, however, that they may not claim any
type of tax exemption that is in fact a remuneration for public services;
(b) exempt from any type of customs duty and of prohibition and restriction
in respect of articles and publications that they import or export for their
official use. It is understood, however, that the articles they import duty
free may only be sold within the country in accordance with the conditions
agreed upon with the Government of Haiti; and (c) exempt from ordinances,
regulation, or moratoria of any kind. Moreover, they may have currency of
any type, carry their accounts in any foreign currency, and transfer their
funds in foreign currency.

          4.6.          The Mission may set up and operate in Haitian
territory an autonomous radiocommunications system for the purpose of
providing a permanent connection among the members of the Mission and the
vehicles used by the Mission and its offices, between the offices and
central headquarters, and between the central headquarters and the
headquarters of the GS/OAS in Washington, D.C., and to that end the
Government of Haiti shall provide all technical and administrative
collaboration deemed necessary.  This provision is subject to authorization
by the Conseil National de Télécommunications (CONATEL), which authorization
shall not be unreasonably delayed or denied.


ARTICLE V
MEMBERS OF THE MISSION

          5.1.          For the period during which they exercise their
functions and during their trips to and from Haiti, the members of the
Mission shall enjoy the following privileges and immunities:

(a)          Immunity from personal detention or arrest; and immunity from
any type of legal proceeding in respect of their actions and statements, be
they oral or written, done in the performance of their functions;

(b)          The inviolability of any paper or documents;

(c)      The right to communicate with the GS/OAS via radio, telephone,
telegraph, satellite, or other means, and to receive documents and
correspondence through messengers or in sealed pouches, enjoying for that
purpose the same privileges and immunities accorded to diplomatic mail,
messengers, or pouches;

(d)      The right to utilize for their movements, any means of
transportation, be it airborne, waterborne, or overland, throughout the
national territory;

(e)      Exemption, in respect of their persons and those of their spouses
and children, from any type of immigration restriction and registration of
aliens and any type of national service in Haiti;

(f)      They shall enjoy the greatest possible freedom in the transfer of
funds and in the negotiation anywhere and in any form of foreign currency,
checks, cash, or foreign coins or bills that they receive as compensation or
benefits for their services, without their being subject to limitations,
restrictions, or inspection or control measures that may be established in
this regard; and

(g)      The same immunities and privileges in respect of their personal
effects as are accorded to diplomatic envoys.



ARTICLE VI
SAFETY OF THE MEMBERS OF THE MISSION


          6.1.          The Government of Haiti undertakes to take the
necessary measures to ensure the safety and protection of the members of the
Mission, as regards both their physical safety and that of their
possessions.

          6.2.          The members of the Mission undertake to cooperate
with the civilian and police authorities charged with their safety and
protection.


ARTICLE VII
COOPERATION WITH THE AUTHORITIES

          7.1.          The members of the Mission shall cooperate with the
competent Haitian authorities to prevent any occurrence of abuse in respect
of the specified privileges and immunities. Similarly, the competent
authorities shall do whatever is possible to supply the cooperation
requested of them by the Mission.

          7.2.          Without prejudice to the immunities and privileges
accorded, the observers shall respect the laws and regulations in effect in
Haiti.

          7.3.          The Government of Haiti and the GS/OAS shall take
any measures necessary to procure an amicable arrangement in the proper
settlement of:

(a)          Any disputes that arise in contracts or other questions of
private law;

          (b)          Any disputes to which the members of the Mission may
be party in respect of matters in which they enjoy immunity.


ARTICLE VIII
NATURE OF THE PRIVILEGES AND IMMUNITIES

          8.1.          The privileges and immunities are granted to the
Mission and its members in order to safeguard their independence in the
exercise of their functions of investigating, evaluating, and assisting the
Government and the people of Haiti to strengthen their democratic systems
and institutions, and not for personal gain or to perform activities in
violation of Haitian law.  Therefore, the OAS Secretary General shall waive
the privileges and immunities of these in the event that, in his judgment,
the exercise of those privileges and immunities obstructs the course of
justice and when they may be waived without harming the interests of the
OAS.



ARTICLE IX
IDENTIFICATION

          9.1.          The GS/OAS shall supply each member of the Mission,
as well as the local contract staff, with a numbered identification card,
which shall show the full name, date of birth, position or rank, and a
photograph. Further, the members of the Mission shall be obliged to present
that identification card when the Haitian authorities so request.


ARTICLE X
GENERAL PROVISIONS


          10.1.          The Government of Haiti recognizes the "official
travel document" issued by the GS/OAS as a valid and sufficient document for
purposes of travel by the members of the Mission. The Government of Haiti
shall issue to the members of the Mission the corresponding diplomatic visa
allowing them to enter, remain, and leave the country as often and for as
long a period as necessary until the end of the Mission.

          10.2.          This Agreement may be amended by mutual consent by
the Government of Haiti and the GS/OAS.

          10.3. This Agreement shall enter into force on the date of its
signature and shall remain in force for one year thereafter, and may be
renewed upon the written agreement of both Parties.

IN WITNESS WHEREOF, the representatives of the Government of Haiti and the
GS/OAS, duly authorized for that purpose, sign this Agreement in two
originals in the city of Port-au-Prince, Haiti, on this 1st day of March of
the year two thousand and two.


FOR THE GOVERNMENT OF THE                    FOR THE GENERAL SECRETARIAT
REPUBLIC OF HAITI                                      OF THE ORGANIZATION
OF
                                                            AMERICAN STATES


Joseph Philippe ANTONIO                                            Luigi R.
Einaudi
Minister of Foreign Affairs and Worship                     Assistant
Secretary General