21602: Esser: Haiti Update IX: The Justice of the Strong

[Bob Corbett <corbetre@webster.edu>]

From: D. Esser torx@joimail.com

Africana
http://www.africana.com

April 28, 2004

Haiti Update IX: The Justice of the Strong
By Avi Steinberg

Despite persistent calls from international human rights for the
arrest of convicted murderer and rebel leader, Louis-Jodel Chamblain,
his surrender this week might not be cause for celebration.

Chamblain, a founder of the notorious death squad known as the
Revolutionary Front for Haitian Advancement and Progress (FRAPH), has
been convicted in abstentia and sentenced to life in jail for the
1993 murder of democratic activist Antoine Izméry and for his role in
the 1984 Raboteau massacre. All told, his group is reportedly
responsible for thousands of deaths in the years following the first
Aristide ouster of 1991. Most recently, Chamblain lead a bloody
revolt that resulted in Aristide's second ouster. According to
Haitian law, a person convicted in abstentia must be retried upon his
return to the country.

The larger message here is that the only one who could arrest
Chamblain is Chamblain himself.Choking back tears this week at a news
conference, Chamblain declared, "I make myself a prisoner so that
Haiti can have a chance for the real democracy I have been fighting
for." Amnesty International would like to agree — a spokesman for the
group said, "It is crucial that Louis Jodel Chamblain is given a fair
trial in compliance with international standards. Only in this way
will trust be rebuilt in the Haitian judicial system." This is true
and that's exactly why we should be worried.

Chamblain's surrender occurred at the same moment a conference of
international donors met in the capital. The coincidence of these two
events cannot be ignored. The current Haitian government, which has
praised the rebels as freedom fighters, stands to gain legitimacy in
the eyes of the world (and especially in the eyes of international
donors) if it cracks down on its war criminals during this crucial
period. Ironically this carefully-crafted and timed event reflects
the significant power wielded, not by the new government, but by
Chamblain himself.

The new Haitian government has been criticized for hunting down and
arresting Aristide's Lavalas members while letting Chamblain and his
friends walk free. Even after the events of this week, however, the
government still can't claim to be cracking down on its own criminal
allies; afterall, they didn't arrest him, he surrendered. Justice
Minister Bernard Gousse, who escorted Chamblain said, "this is a very
good and noble decision on his part." It is significant that this
incarceration was entirely Chamblain's "decision." Although this is a
strategic victory for Haiti's interim leaders, the larger message
here is that the only one who could arrest Chamblain is Chamblain
himself.

Nevertheless, Chamblain did hand the interim government a political
victory — one that directly rebuffs the harsh criticisms of the
Caribbean Community (Caricom) and others abroad. This move was meant
to strengthen the authority of the new government and, in that way,
was politically parallel to Colin Powell's visit last month. There
are signs that pressure tactics like Powell's visit and Chamblain's
surrender are working. Caricom, which has maintained its position of
not recognizing Haiti's post-Aristide government, nevertheless sent a
representative to the conference in Port-au-Prince. Though still
short of full recognition, these types of gestures indicate that
Caricom wants to stay relevant with regard to Haiti. High profile
events like Chamblain's surrender might provide them with the
political cover needed in order to recognize the interim government.
But that still depends on the outcome of events — both the verdict on
Chamblain and the viability of this new government in the upcoming
months. Haiti is still a country on the brink.

But here's the question of the day: what's in it for Chamblain?
Perhaps he sees this as an opportunity to clear his name (with a
little help from his friends), which might, in turn, clear the way
for him to assume some sort of legitimate office. If, however,
Chamblain were convicted and received a serious sentence, the weak
new government would have to deal with the potential backlash of
jailing a popular revolutionary leader. So while Chamblain's
surrender was a gift to the new government it was also an assertion
of his own strength.

Even as he surrendered, Chamblain affirmed his confidence of an
acquittal. Considering the political context of his surrender, it
seems that we can all share Chamblain's confidence.



About the Author
Avi Steinberg is a freelance writer living in Boston. After studying
American foreign policy at Harvard, he received a fellowship in
2002-3 to live in Jerusalem and study international conflict. He is
on staff at Transition Magazine.
.