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21356: Esser: Lawyers Investigate Violations of International Law Surrounding de facto Haitian Government (fwd)




From: D. Esser torx@joimail.com

National Lawyers Guild

APRIL 14, 2004

CONTACT: National Lawyers Guild 
Marjorie Cohn, 858-204-3565
David Gespass, 205-903-2743

Lawyers Investigate Violations of International Law Surrounding de
facto Haitian Government Following February Coup

 
WASHINGTON - April 14 - On Tuesday, April 13, 2004, a delegation of
lawyers representing the National Lawyers Guild, American Association
of Jurists, International Association of Democratic Lawyers, National
Conference of Black Lawyers, and Bureau des Avocats Internationaux
met with President Jean-Bertrand Aristide of Haiti and his wife, Mme.
Mildred Aristide in Jamaica, where they were granted temporary
asylum. Jamaica and the Caribbean Community (CARICOM) member
countries have resisted intense U.S. pressure by calling for an
investigation by the United Nations into the circumstances that led
to President Aristide's departure from Haiti. The delegation is also
investigating apparent violations of international law and the
Haitian constitution surrounding the installation of the de facto
Haitian government following the coup of 28-29 February.

Representatives of the delegation will hold a press conference on
Friday, April 16 at 11am at the National Lawyers Guild, National
Office, 143 Madison Avenue, 4th Floor (212-679-5100).

There are facts that are not in dispute. President Aristide was
popularly elected and obtained an overwhelming majority of the votes
in 2000. He was forced out of office as a result of an illegally
staged insurgency; the United States refused to defend the legitimate
government despite the provisions of the Inter-American Democratic
Charter requiring that legitimately elected governments be protected.
Aristide and his wife were then flown, under duress, to the Central
African Republic by the U.S. military and were held incommunicado for
20 hours. A so-called resignation letter claimed to have been signed
by Aristide, was then determined by the U.S. State Departments own
Creole interpreter to have contained nothing about resignation.

The long history of U.S. intervention in the Americas and the
disinformation campaign that has emanated from the Bush
Administration calls for a close scrutiny of the claims made by the
Administration regarding President Aristide's departure. The
circumstances surrounding his departure raise many questions that
have not been adequately answered.

The only defense force available to the Haitian government, which had
no military, was its police. A shipment of equipment for the police
was sent from South Africa and the transport stopped in Jamaica to
refuel on February 28. Before it could arrive in Haiti, the coup had
already been executed, as the U.S. refused to assist the legitimate
government, except to set into motion the President's departure.
Nevertheless, immediately following the coup, U.S. forces were
deployed to Haiti, allegedly to restore stability and order.

The coup in Haiti occurred in the context of the growing movement
among African descendants for reparations for centuries of slavery
and colonialism. Before the coup, Haiti was asserting its own claim
for reparations from France and Citibank. Since France and the U.S.
were the principal forces supporting the coup, their motivations are
highly suspect.

The National Lawyers Guild's delegation to Haiti verified the brutal
and indiscriminate repression against the civilian population since
the coup. However, the U.S. has closed its borders to Haitian
political refugees and the Coast Guard has forced them back,
disregarding the imminent danger they face upon forced return to
Haiti.
.