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18571: Re: Pierre Jean Re: 18406: ANDRE APAID IS HAITIAN plus a Postscript (fwd)
From: Pierre Jean <pierrejean2004@yahoo.com>
Ms. Laurent,
I forgot to add one more thing. Again, your skills as
a lawyer would be well appreciated.
In the days leading up to the nomination of Mr.
Jean-Gerard Dubreuil as Secretary of State of Public
Security by President Aristide, the government was
madly scrambling to solve the not-so-little problem of
his US citizenship. It so happened that Mr. Dubreuil
conveniently forgot to tell President Aristide and the
others that he was a US citizen. It took some
extremely creative "legal" maneuvers to overcome that
problem.
I wonder whether the document that Mr. Dubreuil signed
is actually constitutional. Maybe you could use your
contacts within the government to finally get a copy
of that document Mr. Dubreuil signed so that the all
the world can read. I do not have such clout and have
been stymied many times in my attempts to get that
document released. It is better protected than the
gold at Fort Knowx.
[Note: I noticed that you copied members of the press
in your original email. I have taken the liberty of
copying them in our correspondence. If these members
of the press want additional details on the many
abnormalities of the Aristide administration, I invite
them to contact me offline. As you can imagine, I have
plenty more information in my "djakout."]
While on the subject, it so happens that another of
our Ministers whom I had forgotten was also a US
citizen: former Minister of Commerce Leslie Gouthier.
How could I have forgotten that man, who made his
fortune at Regie du Tabac under Duvalier, then retired
to the US - nice house at SW 115th Terrace in Miami,
by the way! Must have cost a little fortune! - where
he gained US citizenship and was un-retired by
Aristide? By what miraculous process did he instantly
become a Haitian citizen while maintaining his US
citizenship?
At least former Minister of Culture Lilas Desquiron
had the grace to do it legally. Her recovery of
Haitian citizenship follows:
>
> Justice
> Arrêté
>
> Arreté de recouvrement de la nationalité
haïtienne de la dame
> Marie Thérèse Edith Lilas ZANDROWICZ née DESQUIRON
>
> LIBERTÉ - ÉGALITÉ - FRATERNITÉ
> RÉPUBLIQUE D'HAÏTI
>
> ARRÊTÉ
>
> JEAN-BERTRAND ARISTIDE
> PRÉSIDENT
>
> Vu les articles 10 et 136 de la Constitution;
>
> Vu le 2ème alinéa de l'article 16 du Decret du
6 novembre
> 1984 sur la Nationalité et la Naturalisation;
>
> Considérant que la dame Marie Thérèse Edith
Lilas ZANDROWICZ
> née DESQUIRON, Haïtienne d'origine avait renoncé à
sa nationalité
> par le mariage en Mai 1972 en adoptant la
nationallité belge;
>
> Considérant que l'intéressée par sa
déclaration en date du 19
> juin 2001 renonce à la nationalité belge qu'elle
avait adoptée et
> sollicite le recouvrement de la nationalité
haïtienne;
>
> Considérant qu'il y a lieu de faire droit à sa
requête;
>
> Sur le rapport favorable du Ministre de la
Justice:
>
> ARRÊTE
>
> Article 1.- La Citoyenne Marie Thérèse Edith
Lilas ZANDROWICZ
> née DESQUIRON recouvre sa nationalité selon le voeu
de la Loi.
>
> Article 2.- Le présent Arrêté sera publié et
exécuté à la
> diligence du Ministre de la Justice.
>
> Donné au Palais National, à Port-au-Prince, le
25 juin 2001,
> An 198ème de l'Indépendance.
>
> Par le Président
> Jean-Bertrand ARISTIDE
>
> Le Premier Ministre
> Jean-Marie Antoine Polénus CHERESTAL
>
> Le Ministre de la Justice
> Louis Gary LISSADE
How come we see nothing of the sort for the other
Haitian citizens who are currently in Prime Minister
Neptune's cabinet? How about Prime Minister Nepture
himself? Did he ever become a US citizen after
spending so many years in the US? Is he American? Is
he a Permanent Resident? If it is the latter, how come
he spends so much time in Haiti? Can he legally do
that? Or has Prime Minister Neptune cut all ties with
the US and sold the house he used to own in Long
Island, New York? And what passport does Mr. Neptune
use when entering the United States? Just curious.
Pierre Jean
--- Erzilidanto@aol.com wrote:
> Is Mr. Andre Apaid, Jr. a Haitian citizen or not?
> Just because the wealthiest
> individual in Haiti owned, at some point, perhaps
> under military rule or
> dictatorship, a Haitian passport does not mean he
> was entitled to it in accordance
> with Haitian law, or, in accordance with the 1987
> Haitian Constitution. Did
> Mr. Apaid ever renounce his U.S. citizenship? Haiti
> does not recognize dual
> citizenship. Just to give an example: If Mr. Apaid
> currently can be found,
> through old passport and entrance/departure records
> to own or have used a U.S. or
> any other nationality/citizenship which he has
> traveled under or used as I.D. at
> any point in time after his ownership of a Haitian
> passport, he is not and
> cannot be a Haitian citizen.
>
> Mr. JeanPierre <pierrejean2004@yahoo.com> writes on
> the Corbett List:
> "When a Haitian citizen has a child who is born
> overseas, he/she can declare that child to Haitian
> authorities in Haiti, which confers Haitian
> citizenship to the child. This is what many Haitians
> who went to Africa in the late 50s, early 60s did
> for
> their kids born in Congo-Kinshasa, Cameroon, Gabon,
> etc. As the letter from Apaid's attorney suggests,
> this is the procedure (albeit a late one) that
> Apaid's
> father followed in order for his US-born son to gain
>
> Haitian citizenship. As far as I know, there is
> nothing illegal about that.......
>
>
> Again, please check with legal experts well-versed
> into Haitian law on this subject."
>
> That "procedure" may have existed before 1987 for
> those who could afford to
> buy their entitlements in Haiti but that doesn't
> mean it was a legally
> recognized (though I am checking on this before I
> can actually say it was legal or not
> in accordance with the rule of law, not force or
> power or connections.) But
> if said outlined "procedure" ever existed and was
> ever legal, it certainly is
> not now.
>
> In particularly, how old exactly was Mr. Apaid when
> his father is purported
> to have "followed that procedure" Mr. JeanPierre?
> Where both his parents born
> in Haiti and/or where legally Haitian citizens at
> the time of said "followed
> procedure."? If Mr. Apaid was not a minor, he
> himself would have had to declare
> his citizenship, not his parents. These are some of
> the questioned Mr. Apaid
> should openly answer in order for the Haitian public
> he wants to rule to be
> satisfied that Mr. Andre Apaid, Jr. who is currently
> claiming some legitimacy as
> a candidate for "leader" in Haiti, has, in fact,
> abided by the rule of
> Haitian law on this citizenship subject.
>
> I am a lawyer Mr. Pierre Jean, very familiar with
> the 1987 Constitution. I am
> a Haitian-American lawyer with the distinction of
> having worked with numerous
> Haitian and Haitian-American lawyers to put together
> a judicial reform agenda
> for Haiti back in 1994-1995. I am well-versed with
> the 1987 Constitutional
> provisions with regard to dual citizenship and how
> it defines Haitian
> nationality. I am familiar with some of those
> lawmakers and advisors who actually help
> write that 1987 Constitution and their intent on the
> question of what defines
> "Haitian nationality."
>
> Since you invited a legal expert "well-versed into
> Haitian law on this
> subject" to comment Mr. Pierre Jean. I hereby opine,
> both base on my own knowledge
> and upon the independent advise of a Haitian lawyer
> admitted in Haiti that: If
> Mr. Apaid was born in Miami and if Mr. Apaid never
> officially and legally
> renounced his U.S. citizenship, he is not
> Constitutionally recognized, in Haiti,
> as a Haitian citizen.
>
> Marguerite Laurent, Esq.
>
> P.S. to the above post: Mr. PierreJean, I have it
> from a good legal source
> from Haiti that Mr. Apaid did not follow the
> procedure for establishing
> citizenship (ie. having his Haitian parents apply,
> subject to giving simultaneous
> proof of renouncing U.S. citizenship, etc.) that you
> somewhat outlined in your
> post Mr. PierreJean. Apparently, Mr. Apaid filed a
> fraudulent birth certificate
> saying that he was born in Haiti to obtain his
> Haitian passport. It is also
> true that the original application and the renewals
> were accepted by government
> officials, some of them knowing the information was
> fraudulent. But the fact
> that Mr. Apaid supported the Duvaliers. The fact
> that dictators allowed a fraud
> does not require a democratic government to repeat
> it.
>
> See below Congresswoman Maxine Waters confirmation
> of these allegations and
> press release dated February 11, 2004 where this
> prominent US. congresswoman
> says "Andre Apaid is a Duvalier-supporter, who
> allegedly holds an American
> passport and obtained permanent resident status in
> Haiti through deceptive means. "
>
> ************
> Congresswoman Maxine Waters Condemns Violence in
> Haiti; Calls for State
> Department to Support the Democratically-elected
> government of Haiti and
> denounce Andre Apaid
>
> PRESS RELEASE
>
> For Immediate Release
> Contact: Nancy Stevens (202) 225-2201
> February 11, 2004
>
> CONGRESSWOMAN WATERS CONDEMNS VIOLENCE IN
> HAITI;CALLS FOR STATE DEPARTMENT TO
> SUPPORT THE DEMOCRATICALLY-ELECTED GOVERNMENT OF
> HAITI AND DENOUNCE ANDRE
> APAID
>
> Washington, D.C. -- Today, at a press
> conference on Capitol Hill,
> Rep. Maxine Waters (D-CA) called for the State
> Department to support the
> democratically-elected government of Haiti and
> denounce Andre Apaid. She
> made the following statement:
>
> Yesterday, I returned from a trip to Haiti,
> where I observed the
> escalation of political violence that occurred over
> the weekend. This was
> my second trip to Haiti so far this year. I am
> deeply concerned about the
> growing violence organized by the so-called
> opposition and what now appears
> to be gangs in the northern part of the country
> being supported in their
> violent activities by this so-called opposition.
>
> Unfortunately, the opposition, led by Andre
> Apaid, under the banner of
> the Group of 184, is not simply a peaceful group
> trying to correct the
> problems of the government. Andre Apaid is a
> Duvalier-supporter, who
> allegedly holds an American passport and obtained
> permanent resident status
> in Haiti through deceptive means. Andre Apaid is
> ferociously adamant about
> forcing Jean-Bertrand Aristide, the first
> democratically-elected President
> in the history of Haiti, out of office.
>
> Andre Apaid is the owner of fifteen factories in
> Haiti. He has been accused
> of tax evasion, operating sweatshops and being a
> President Aristide-hater.
> The so-called peaceful protests led by Andre Apaid
> and his Group of 184 are
> responsible for defying the rule of law as it
> relates to parade routes,
> notification of protest actions, and other laws that
> are normally respected
> in any democratic society. The protests he
> organizes have become
> increasingly violent. Police officers are
> confronted, property is damaged,
> and roads are blocked. It is my belief that Andre
> Apaid is attempting to
> instigate a bloodbath in Haiti and then blame the
> government for the
> resulting disaster in the belief that the United
> States will aid the
> so-called protestors against President Aristide and
> his government.
>
> Andre Apaid refuses to negotiate despite the fact
> that the State Department,
> the Organization of American States and many other
> organizations are now
> supporting a proposal put forth by CARICOM. Andre
> Apaid continues to use
> inflammatory language, denounce President Aristide,
> refuse to negotiate and
> demand that President Aristide leave his
> democratically-elected presidency.
> His so-called opposition group has accused President
> Aristide of everything
> from corruption and drug trafficking to support for
> paramilitary activity.
> When asked for documentation, they have not been
> able to produce anything
> more than rumors, innuendos and allegations.
>
> President Aristide disbanded the military when he
> returned to office and
> has a police force of only 5,000 for a country of 8
> million people. The
> United States aborted its efforts to support and
> train the new police force
> and currently has a ban on selling guns and
> equipment to Haiti. This policy
> effectively denies Haitian law enforcement officers
> the essential equipment
> that they so desperately need to maintain order and
> enforce the rule of law.
>
> President Aristide has given the United States
> special authority to assist
> with drug interdiction efforts by allowing the
> United States to interdict
> drugs in Haitian waters. The government of Haiti
> does not have the
> resources needed to wage a tough and consistent war
> against drugs, and the
> President of Haiti is begging the United States for
> assistance to eliminate
> drug trafficking.
>
> President Aristide is pursuing a progressive
> economic agenda in Haiti.
> Under his leadership, the Haitian government has
> made major investments in
> agriculture, public transportation and
> infrastructure. On February 7, 2003,
> the government doubled the minimum wage from 36 to
> 70 gourdes per day,
> despite strong opposition from the business
> community. There have also been
> a number of reforms to prohibit trafficking in
> persons and protect the
> estimated 400,000 children from rural villages who
> work as domestic servants
> in households in the cities.
>
> President Aristide has also made health care and
> education national
> priorities. More schools were built in Haiti
> between 1994 and 2000 than
> between 1804 and 1994. The government expanded
> school lunch and school bus
> programs and provides a 70% subsidy for schoolbooks
> and uniforms. The
> maternity wards of eight public hospitals have been
> renovated, and hundreds
> of Haitians are being trained as physicians. Twenty
> new HIV testing centers
> will open around the country during the next two
> years. All of this is
> being accomplished despite a continuing embargo by
> the IMF and the World
> Bank.
>
> The so-called opposition is supported by many of
> the same people who were
> content with the brutal dictators of Haiti's past.
> These are the same
> people who enriched themselves on the backs of the
> poor in Haiti for so many
> years with the support of the United States
> government. These people do not
> want a strong president like Jean-Bertrand Aristide,
> who will force them to
> pay their taxes and provide decent wages to their
> workers.
>
> Last Thursday, armed gangs took control of the
> Gonaives police station
> during a five-hour gunfight and set the mayor's
> house on fire. Since then,
> these gangs have set fire to the police stations of
> Gonaives, St. Marc and
> Trou du Nord. In St. Marc, they sealed off the city
> by dragging tires,
> debris and logs across the main roads and setting
> them on fire. The armed
> gangs have seized nearly a dozen towns in the past
> week, and at least 40
> people have been killed.
>
> Unfortunately, these gangs appear to be obtaining
> support from the
> so-called opposition in the hope that their attacks
> will help to fuel other
> attacks in other parts of the country and eventually
> a coup d'etat in
> Port-au Prince. This is clearly an attempt at a
> power-grab. Unfortunately,
> the same forces that fashion themselves as the
> opposition also have control
> over the broadcast media in Haiti. They have used
> the power of the press to
> discredit President Aristide and disseminate false
> information to the
> international press about the situation in Haiti.
>
> The nations of CARICOM are trying to assist the
> people of Haiti to end the
> violence and resolve this crisis peacefully. The
> CARICOM proposal includes
> an outright rejection of a coup d'etat in any form
> and requires that any
> change in Haiti must be done in accordance with the
> Constitution of Haiti.
> CARICOM calls upon the opposition in Haiti to ensure
> representation on the
> Provisional Electoral Council so that the Council
> can begin to prepare for
> the holding of elections. CARICOM also calls upon
> the international
> community to provide economic support to Haiti.
> Economic assistance,
> including assistance from the United States, is
> essential to alleviate the
> suffering of the people of Haiti and build a
> foundation for political
> stability and economic growth.
>
> The State Department must denounce Andre Apaid and
> the Group of 184 and
> must answer this question: How can the State
> Department remain silent while
> Andre Apaid, who allegedly holds an American
> passport, creates so much
> dissension, disruption and violence in this small,
> impoverished country?
>
> The State Department must use its influence to
> help stabilize Haiti,
> provide assistance for health, education and
> infrastructure development, and
> discourage Haitians from building boats and rafts to
> get to American shores.
>
> Finally, the international press must discontinue
> the practice of
> repeating rumors and innuendos and begin to spend
> quality time learning the
> truth and writing the truth about what is really
> going on in Haiti.
>
> ###
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