21310: Esser: U.S., France Blocking Haiti Probe (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: D. Esser torx@joimail.com

Inter Press Service News Agency
http://www.ipsnews.net

April 13, 2004

U.S., France Blocking Haiti Probe
by Thalif Deen

UNITED NATIONS, Apr 13 (IPS) - The United States and France have
intimidated Caribbean countries into delaying an official request for
a probe into the murky circumstances under which Haitian President
Jean-Bertrand Aristide was ousted from power in February, according
to diplomatic sources here.

The two veto-wielding permanent members of the 15-nation Security
Council have signalled to Caribbean nations that they do not want a
U.N. probe of Aristide's ouster.

Any attempts to bring the issue or even introduce a resolution before
the Security Council will either be blocked or vetoed by both
countries, council sources told IPS.

U.N. Secretary-General Kofi Annan, who has been caught in the middle
of the dispute, says he is unable to act unless he has a formal
request to do so either by the Security Council or the 15-member
Caribbean Community (CARICOM), of which Haiti is a member..

''We have read news reports that CARICOM wants a U.N. investigation.
But unless we receive an official request either from CARICOM or from
the Security Council, we cannot act on it,'' U.N. spokesman Farhan
Haq told IPS.

Aristide left Haiti in the midst of a violent uprising Feb. 29. Now
in Jamaica, the country's first democratically elected leader
maintains he was forced to resign under pressure from Washington,
with strong backing from France. Both countries have dismissed the
charge.

''I don't think any purpose would be served by an inquiry,'' U.S.
Secretary of State Colin Powell told reporters during a 24-hour visit
to Haiti last week. ''We were on the verge of a bloodbath and
President Aristide found himself in great danger,'' he said.

At its summit meeting Mar. 27, CARICOM heads of government
''reiterated their call for an investigation under the auspices of
the United Nations.'' But despite that announcement, the group has
been dragging its feet over a formal request for a probe.

''The reasons are obvious,'' says a Caribbean diplomat, speaking on
condition of anonymity. ''We are under tremendous pressure not to
follow up on our request.''

Reginald Dumas, the U.N. special adviser on Haiti, was quoted as
saying he was surprised at CARICOM's delay.

Asked about it, CARICOM Secretary-General Edwin Carrington said last
week the body was considering various modalities and strategies.
These would be disclosed at ''the appropriate moment,'' he added.

A second Caribbean diplomat told IPS that CARICOM was studying the
''wider ramifications'' of its request before rushing into it.

A two-day meeting of the 15-member CARICOM and U.N. officials that
began Monday also failed to resolve the issue. The gathering focused
on ways to strengthen cooperation between Caribbean nations and the
world body.

Addressing the meeting Monday, U.N Deputy Secretary-General Louise
Frechette said the situation in Haiti looks even more daunting now
than 10 years ago.

''Weapons have proliferated and drug trafficking has gained a
foothold,'' according to Frechette. ''Haitians are frustrated and
disappointed with the international community as much as with their
own leadership,'' she added.

CARICOM foreign ministers are scheduled to discuss Haiti again at
meeting in Barbados scheduled for Apr. 22-23.

In a statement issued last month, CARICOM said, ''In the light of
contradictory reports still in circulation concerning the departure
of President Aristide from office, heads of government (of CARICOM)
believed that it is in the compelling interest of the international
community that the preceding events and all the circumstances
surrounding the transfer of power from a constitutionally elected
head of state, be fully investigated.''

One constitutional expert who closely monitors the United Nations
says it is obvious where the blame lies.

''It is clear that the United States and France violated the U.N.
charter as well as the 1973 Convention on the Prevention and
Punishment of Crimes Against Internationally Protected Persons, with
respect to their criminal treatment of President Aristide'', says
Francis Boyle, professor of international law at the University of
Illinois College of Law.

Boyle told IPS that Aristide still remains the lawful president of
Haiti, a member state of the United Nations. He said Annan should
have publicly taken that position, and the Security Council should
have demanded Aristide's immediate return to Haiti.

''The fact that they did not demonstrates the continuing and further
degradation of the Office of the Secretary-General, the U.N.
Secretariat and the Security Council under this current regime of
U.S. hegemony,'' said Boyle, author of 'Destroying World Order.'

Just days prior to Aristide's flight from Haiti the Security Council
denied his request for military intervention to quell the uprising,
but it authorised an international military force just hours after he
left the country.

Boyle said it is important for CARICOM to take the matter to the
191-member U.N. General Assembly, ''in order to uphold the integrity
of the U.N. Charter, which Annan and the Security Council have
repeatedly failed and refused to do.''

Boyle also urged the Caribbean nations and other states to sue both
the United States and France for violating the 1973 Convention before
the International Court of Justice (ICJ) in the Hague, ''in order to
have the World Court as well condemn what these two malefacting
states have done to Haiti and President Aristide, and to secure his
return to Haiti by means of an ICJ order.''

''The alternative is even more international chaos and anarchy, and a
continuing gradual descent into world war -- like what happened to
the League of Nations in the 1930s,'' Boyle added.

Jeffrey Sachs, director of the Earth Institute at Columbia University
and a special adviser to Annan, has called on the United Nations to
restore Aristide to power.

To trained observers, he said last month, the events surrounding the
ouster of Aristide ''have the hallmarks of a U.S.-led operation
against Mr Aristide, similar to the 1991 coup against him during the
administration of George HW Bush, in which the U.S. government
fingerprints abounded (including thugs who subsequently acknowledged
being on the payroll of the Central Intelligence Agency).''

The situation in Haiti clearly shows it is the Security Council, not
the United Nations, which is really ineffective, Joan Russow of the
Global Compliance Research Project told IPS.

''The Security Council has continued to violate the principle of
sovereign equality in the U.N. Charter. The Council has been
discredited primarily because of the use of the veto by the United
States and specifically by the U.S. practice of intimidating,
cajoling and offering cheque-book diplomacy.''

In the case of Haiti, she said, the General Assembly should request
the International Court of Justice in The Hague to examine the U.S.
intervention.
.