22569: Du Tuyau: Latest Report by Amnesty International on Haiti (Part 1) (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: ViandeMoulue@aol.com

I thought once more, that the report is worthy of reading for those who care about impartiality in Haiti's political system. It's the only way Haiti will move forward as a nation where all her children have the same rights and obligations. So I took it upon myself to forward to the list a copy of this report, in parts, which can be read in its entirety at http://web.amnesty.org/library/print/ENGAMR360382004. I will forward other parts to you and if you do wish to read it, then perhaps you should. It's rather comprehensive and trustworthy, more impartial than the usual rants. You can also find the footnotes on the bottom.
Best to each one of you and if you would, please read below.DT
********************************AI INDEX: AMR 36/038/2004     21 June 2004 Haiti: Breaking the cycle of violence: A last chance for Haiti

A summary of Amnesty International's concerns
In the aftermath of the departure of former President Jean-Bertrand Aristide, Haiti is confronted with a number of human rights challenges it must meet if the country is to break with the violence and impunity that has characterized it for so many years.
An Amnesty International delegation visited the country from 25 March to 8 April 2004 and was deeply concerned for the security of the civilian population. Despite the presence of the UN-mandated Multinational Interim Force (MIF), a large number of armed groups have continued to be active throughout the country and to abuse human rights. These groups include both former insurgents (made up initially of former military officers and former members of a paramilitary group active during the 1991-1994 military regime, responsible for serious human rights abuses in the past), armed criminal gangs, escaped prisoners and militias loyal to former President Aristide.
In the current climate of violence and insecurity, the first challenge Haiti must meet is the protection of civilians and the restoration of the rule of law. Amnesty International believes that the first step towards ensuring this is by setting up a comprehensive, nation-wide disarmament of all the groups currently in possession of weapons. This includes not only the violent groups associated with the former government, but also those who participated in the insurgency against former President Aristide, as well as criminal gangs, former prisoners, and private security officers.
Haitian rule of law institutions, already plagued by politicization, mismanagement and corruption, were further weakened by the recent conflict: courthouses, prisons and police stations were burned, looted or otherwise destroyed, and many officials were forced out or fled. While the capacity of the police and judiciary is limited, the interim government has swiftly moved to arrest members of former President Aristide's Fanmi Lavalas party suspected of acts of political violence or corruption, but has not acted with the same commitment against accused or convicted perpetrators of grave human rights violations, some of whom played a prominent role in the recent insurgency. On 22 April 2004, Louis-Jodel Chamblain, convicted in absentia for his part in human rights abuses, turned himself in to the police. He is entitled to a retrial according to Haitian law. His case is an important test for Haiti's judicial system. It is also a test of the country's commitment to put an end to impunity. Unless Haiti can demonstrate that no one is above the law, and that the law is applied impartially to both government supporters and opponents, impunity will continue to be rife and there will be no end to the violence and instability that have taken hold of Haitian society for so long.
The international community has recognized that Haiti cannot respond to these challenges alone. The United Nations' Stabilization Mission in Haiti (MINUSTAH) has been mandated by the UN Security Council to support the constitutional and political process, governance and development and assist in maintaining public safety and public order. MINUSTAH also has a strong mandate to support the transitional government and Haitian human rights institutions in promoting and respecting human rights, to assist in the reform and institutional strengthening of the judiciary and with disarmament programs.
But Haitian ownership of human rights and justice programs is essential if lasting progress is to be achieved. Haiti and MINUSTAH must work in close co-operation from the start, and MINUSTAH support must be matched by an equal commitment by the Haitian authorities to uphold the rule of law and to guarantee the impartial and independent functioning of its rule of law institutions. For its part, the international community must make sure that it provides the long-term resources needed to forge a permanent solution to Haiti's ongoing political, financial and human rights crisis.
Context
On 5 February 2004, after months of unrest and demonstrations demanding the departure of President Jean-Bertrand Aristide, conflict broke out in Gonaïves, the country's fourth largest town, when armed opponents of the government attacked police stations and court houses, forcing the police and local authorities to flee. The insurgents were mainly officials of the disbanded Haitian Armed Forces (Forces Armées d'Haïti, FAdH); former members of the paramilitary organization Revolutionary Armed Front for the Progress of Haiti (Front Révolutionnaire Armé pour le Progrès d'Haïti, FRAPH) and a group based in Gonaïves called the Cannibal Army (Armée Cannibal), which had initially supported Aristide but which later called for his ouster.(1) All of these groups had been involved in human rights violations both before and during the present conflict. The insurgents were led by former army officer and one-time Haitian National Police commissioner Guy Philippe, who had fled the country in 2000 after he was accused of participating in a coup attempt, and by Louis-Jodel Chamblain, former second in command of the FRAPH, who returned from exile earlier this year. Chamblain had been sentenced in absentia to life in prison for the 1993 murder of pro-Aristide businessman and human rights activist Antoine Izméry and for his role in the 1994 Raboteau massacre, and has been implicated in other human rights crimes.(2) The leadership also included Jean Pierre, alias "Jean Tatoune", a former FRAPH leader who was sentenced to forced labour for life for participation in the 1994 Raboteau massacre. He was among the prisoners who escaped from Gonaïves prison during an August 2002 jailbreak organized by the Cannibal Army. Gang members under the direction of "Jean Tatoune" have been accused of numerous abuses against officials and supporters of the Aristide government, as well as other Gonaïves residents, over the past 10 months.
As the violent rebellion swiftly spread to other areas in the north and centre of the country, others joined in. Among them were former chefs de section, rural police chiefs, notorious for human rights violations, who were disbanded when former President Aristide first took office in 1991, reformed by the military regime that overthrew him in 1991 and disbanded again in 1994, as well as others opposed to him. Over the two weeks following the uprising, government authorities had been forced out of much of the national territory. Other groups, unrelated to Guy Philippe, also rebelled in other parts of the country, for example in Les Cayes in the South Department. Prisoners were released as the insurgents took over towns and cities, and many prisoners also joined their ranks.
On 29 February, as the insurgents threatened to advance on Port-au-Prince and forcibly remove President Aristide, he left Haiti in disputed circumstances.(3) In the atmosphere of lawlessness that followed his departure, all prisoners escaped from the National Penitentiary in Port-au-Prince. Among those who escaped were other human rights violators convicted in the same trials for the same violations as Louis-Jodel Chamblain and "Jean Tatoune". Amnesty International had at the time expressed its concern that the escaped prisoners could join their former colleagues among the insurgents, thus gaining access to weapons and potentially to positions of influence in which they could commit further human rights violations.
Within a few hours of Aristide's departure, Supreme Court President Boniface Alexandre was sworn in as the new Interim President.(4) On 4 March a Tripartite Council was established, consisting of three members: one representative of former President Aristide's Fanmi Lavalas Party, one of the Democratic Platform (Plate-forme Démocratique) a group opposed to former President Aristide, and one representative of the international community. The next day, the Tripartite Council selected seven eminent persons to constitute a Council of the Wise (Conseil des sages) from key sectors of society: Church, human rights groups, academia, the private sector, the Democratic Convergence (Convergence Démocratique) an anti-Aristide political grouping, and Fanmi Lavalas, and charged it with selecting an Interim Prime Minister. Gérard Latortue, a businessman and consultant with the United Nations living in the United States, was appointed as Prime Minister on 9 March and a transitional government was formed a week later. In the absence of a working Parliament, the Council of the Wise acts as an advisor to the government.
The current situation
The state of the justice system The endemic problems faced by Haiti's judicial system, of which the main features have been corruption, lack of resources, personnel and training and lack of independence from the Executive, could not be overcome by the post-1994 administrations despite the creation of a Magistrates' School and training and considerable assistance by the international community. While the level of training of judges and other judicial officials in both formal and informal conflict-resolution mechanisms improved drastically with the inputs of the United Nations (UN)/Organization of American States (OAS) International Civilian Mission in Haiti (Mission Civile Internationale en Haïti, MICIVIH) UN agencies and bilateral donors, the judiciary continued to suffer from chronic underfunding, lack of personnel, resources and equipment, and the Magistrates' School operated throughout without statutes and formal existence under Haitian law. The situation was aggravated in recent years due to the high level of politicization of the judiciary and the intervention of the Executive in its decisions. During the Aristide presidency, several judicial officials denounced pressures they received from officials at both central and local levels of government. Several judicial officials were either dismissed, or went into exile or marronage (hiding) when they refused to yield to this pressure. Impunity continued to be the rule, not the exception, when it came to human rights violations. Public confidence in the judiciary was virtually non-existent.
The recent conflict further affected the capacity of the judicial system to operate: at least eight court houses were destroyed (Saint Marc, Gonaïves, Cap Haïtien, Hinche, Mirebalais, Fort-Liberté, Port de Paix, les Cayes), and many judges ceased to report to work. At the time of the Amnesty International visit, a commission of the Ministry of Justice had started an assessment of the destruction of judicial infrastructure. It was not known either how many of the approximately 600 judges the Haitian system is comprised of were active. Amnesty International delegates met several judges from the provinces who had gone to the capital Port-au-Prince to ask for transfers. Some complained about threats from escaped prisoners.
The policeThe Haitian National Police (HNP) is, since the disbandment of the army in 1995, the only official institution in charge of security in the country. Before conflict broke out, the number of police officers in the country amounted to some 5,000 officers for a country of 8.5 million inhabitants.(5) Considerable international aid went to train and equip the HNP since 1995, but especially in recent years, in addition to the lack of resources in terms of personnel, logistics and finance, the HNP was plagued by politicization, corruption and mismanagement. According to the United Nations "arbitrary promotions of Fanmi Lavalas loyalists, the incorporation of chimères, police abuse, rape and drug trafficking further contributed to the demoralization and erosion of professional standards within the police service and a loss of credibility in the eyes of the Haitian population.(6) The weak status of the HNP has also contributed to crime".(7)
During the recent conflict, the HNP virtually collapsed. Police stations were attacked, ransacked and burned down and police officers were killed or simply fled. Léon Charles, the new HNP Director, told Amnesty International that there were just over 2,000 men in active service. Although an effort is being made to reassert police authority in different parts of the country, many areas are still outside HNP's control. In some areas, insurgents have taken control of police stations and appear to have assumed "law and order" functions. In the North Department, Louis-Jodel Chamblain and a group of insurgents were even seen presiding over impromptu trials.
A considerable effort will be required to achieve sustainable reforms and to strengthen the HNP with a view to restoring its capacity to maintain law and order. The international community can again help with policing activities while the HNP gets back to its previous level. They can also train, equip, rehabilitate infrastructure and vet new recruits. Nonetheless, there is a strong need to ensure that past mistakes are not repeated, and effective measures need to be integrated, from the start of any co-operation and reform programme, to prevent the politicization, corruption, mismanagement and human rights abuse that have so far plagued the institution, and to hold accountable those responsible. In addition, reform of the police, the justice system and the prison system must be integrally linked and proceed together. One of the lessons learned from the past is that although the new police force received a lot of training and assistance, its effectiveness was limited because the justice and penal systems did not advance at the same pace.
Following the announcement of the interim Haitian authorities that former army officers would be integrated into the Haitian National Police, Amnesty International is concerned that former military personnel with a record of human rights violations may be incorporated into the police force. The organization urges both the Haitian National Police and the international community to put in place an effective, fair and impartial vetting system to ensure that no one responsible for human rights violations, committed either under previous administrations or during the recent conflict, is recruited into the new police force.
The imperative for disarmament In the current situation of violence and insecurity, disarmament of all the groups carrying weapons is the crucial first step towards ensuring the protection of civilians and restoring the rule of law. In a report by the Organization of American States (OAS) and the United Nations Development Programme (UNDP), it is estimated that about 25,000 people are in possession of weapons in the country.(8) Armed gangs are also reported to have recruited and/or pressured children to take part in the recent violence.(9) Groups to disarm include former insurgents (including former soldiers, former members of the FRAPH and former chefs de section and civilians who joined them – some of whom were also members of criminal gangs); chimères and other pro-Aristide gangs; former police auxiliaries; criminal gangs; former prisoners; private security officers and the "private sector" – the high numbers of individuals, especially in richer urban areas, who own weapons. Early disarmament of former insurgents is all the more pressing as police authorities are absent in many areas and it is important to prevent these groups, who are already posing a major threat to state authority, from consolidating their power and from continuing to commit human rights abuses.
Ongoing ImpunityGiven the limitations described above, Amnesty International does not believe that the Haitian judicial system is currently in a position to try those alleged to be responsible for human rights abuses in trials which meet minimum international standards, unless it receives considerable international expert assistance.
One of the hallmarks of a functioning legal system is its ability to apply the rule of law impartially. Since coming to power, the interim government has swiftly moved to arrest members of the Fanmi Lavalas party suspected of acts of political violence or corruption, or has taken measures to prevent them from leaving the country, but has not demonstrated an equal commitment to act against accused or convicted perpetrators of grave human rights violations such as Louis-Jodel Chamblain, Jean Pierre ("Jean Tatoune"), Jean-Claude Duperval, Hébert Valmond, Carl Dorélien and others.(10)
Indeed, three days after taking office, Prime Minister Gérard Latortue – sharing a platform with convicted murderer "Jean Tatoune" – hailed the former insurgents as "freedom fighters". His remarks were all the more symbolic for being made during his visit to Gonaïves, where the insurgents had burned the police station, chased off the police forces and freed the prisoners. According to later press reports, Prime Minister Latortue said that his government's priority would be the neutralization of the pro-Aristide chimères, whom he accused of being responsible for the country's insecurity, and of all Fanmi Lavalas partisans who had committed crimes, adding that this phase should be completed before the government would focus on the cases of violators of human rights during the period following the coup d'état of 1991 and on those responsible for other acts of violence.(11)
On 22 April, following international criticism of the interim government's close relationship with the former insurgents, Louis-Jodel Chamblain turned himself in to the police. He had held talks with the authorities the previous day, the details of which have not been made public, and both the Director-General of the Police and the Minister of Justice were present at his surrender.
Haitian law stipulates that anyone convicted in absentia should be arrested upon entry in the country, yet Chamblain circulated freely for over two months, and Minister of Justice Bernard Gousse reportedly told journalists that he would not have been arrested if he had not turned himself in.(12) Some 15 people who had been tried in person and convicted of the Raboteau massacre, including "Jean Tatoune", have escaped or been freed from prison, and no attempt has been made to re-arrest them. Amnesty International was deeply concerned by statements attributed in the press to Minister of Justice Bernard Gousse, who reportedly said that "Jean Tatoune" should be pardoned. "Jean Tatoune" had initially announced his intention to follow Chamblain's example and turn himself in, but he remains free, as do the other Raboteau convicts.
According to Haitian law, Chamblain is entitled to a retrial upon arrival in Haiti, with no presumption of guilt holding over from his previous in absentia convictions. Amnesty International welcomes the opportunity for Chamblain to be retried in his presence, in accordance with international standards for fair trial. However, the prospects for fair and effective trials, in which justice is done and seen to be done, have been compromised by factors beyond the inherent weaknesses of the Haitian judicial system. The original trial records were reportedly destroyed by insurgents in Gonaïves. A number of witnesses and surviving victims of the Raboteau massacre are in hiding; the lead judge in the Raboteau trial was recently attacked apparently because of his role in the case, and other judges connected with it have said they fear for their lives. The Minister of justice, who is responsible for appointing prosecutors, has declared that Chamblain "has nothing to hide". Although Chamblain was in jail at the time this report was written (May 2004), his allies remained in control of large areas of the country, despite the presence of international peacekeeping forces.
The treatment of Louis-Jodel Chamblain, "Jean Tatoune" and other known and suspected perpetrators of human rights violations by the Haitian justice system will set an important precedent in the struggle to end impunity. A functioning judicial system is a crucial part of the framework for building a culture of human rights and establishing the secure and stable environment that has so long eluded the Haitian people. The case of Louis-Jodel Chamblain is a particularly important test, and the new UN mission must take steps to ensure that Chamblain is tried in accordance with international standards for fair trial, both to protect his own rights as a defendant, and to ensure that witnesses and victims are able to testify freely, and that judges, prosecutors, police officers, lawyers and all others involved in the proceedings are able to work without fear or pressure.
Socio-economic conditions According to the United Nations Development Programme, Haiti continues to be the poorest country in the Americas. In 2003, Haiti's human development ranking was 150th out of 173 countries, and life expectancy was 49.1 years. Food insecurity affected some 40% of households and more than 50% of the adult population was unemployed.(13) Even before the crisis, the situation of children was among the worst in the world. More than one in 10 Haitian children die before the age of five, 65% suffered from anaemia, 17% of under fives had insufficient weight and 32% suffered from development problems due to malnutrition. Some 200,000 children have lost one or both parents to AIDS, and up to 6.7 per cent of young women are living with HIV/AIDS. Maternal mortality is also among the highest in the world.(14)
Living conditions have been further aggravated by the recent conflict. For example, the transport disruption caused since February resulted in many peasants not being able to take their produce to regional markets and thus not earning any income; at the same time, difficulties in transport also resulted in an increase in the price of basic food and other essential items. The price of rice and other basic food items has increased so much that in early May, Prime Minister Gérard Latortue, in a widely criticized move, urged Haitians to change their eating habits and eat more corn meal instead of rice. The danger of famine in certain areas in the countryside was present well before conflict erupted but, during the recent crisis, with the restrictions on delivery of aid, the pillage of humanitarian stocks, the difficulties in communications, ongoing insecurity and the lack of access to markets, many people have eaten their food reserves.(15) In certain areas peasants have reportedly been forced to eat the seeds reserved for planting. Planting season is at the beginning of the rainy season (March-April) and, since many peasants relying on seasonal agriculture have exhausted their seed reserves, the danger of famine is real.
The insurgency in February and March also caused damage to the water supply system and to the health, education and energy sectors, including sabotage of installations, looting of premises and theft of spare parts and vehicles. As a result of the conflict, the water supply has fallen to 75 per cent of what it was before, and some Haitians living in border areas have had to seek medical treatment in the Dominican Republic, while functioning health centres have reported a drop in patients because of the inability to pay for medical costs.(16) Some schools have also reported a lower attendance because of economic problems.
The budget deficit is reportedly almost twice of what is allowed for in agreements with the International Monetary Fund, and the new government says it needs an immediate injection of fresh resources if it is to carry out its task and begin to ensure a minimum of services.(17)********
(1) The Haitian Armed Forces (Forces Armées d'Haïti, FAdH) were abolished by President Aristide following the return of democracy in 1994. A new civilian Haitian National Police was created in 1994, and is the country's only official law enforcement and security force.
(2) In April 1994, some 20 people were killed and scores were wounded when members of the army and the FRAPH attacked the overwhelmingly pro-Aristide shanty town of Raboteau in Gonaïves. In a landmark trial in November 2000, 16 people in custody were convicted of taking part in the massacre and 37 others convicted in absentia.
(3) President Aristide left the country on the morning of 29 February on a US State Department chartered aircraft which took him to the Central African Republic. Once there, he said that he was forced from office by US officials, having been warned that thousands would die, including he himself, if he did not agree to go.
(4) Article 149 of Haiti's 1987 Constitution stipulates that "Should the office of the President of the Republic become vacant for any reason, the President of the Supreme Court of the Republic, or in his absence, the Vice President of that Court... shall be invested temporarily with the duties of the President of the Republic by the National Assembly duly convened by the Prime Minister".
(5) In contrast, the New York Police Department has a force of 39,110 (fiscal year 2003) for a population which is roughly the same – see www.ci.nyc.ny.us/html/nypd/html/misc/pdfaq2.html.
(6) The French term chimères, or chimè in Creole, was used to designate organised armed supporters of former President Aristide, reportedly responsible for violent attacks on his opponents.
(7) Report by the Secretary-General on Haiti (S/2004/300), 16 April 2004, para 31.
(8) As quoted in OCHA's situation report No. 10, 24 April 2004.
(9) According to a 19 April 2004 UNICEF, Save the Children Canada, Save the Children US, World Vision and Plan International report. See http://www.unicef.org/emerg/haiti/media_20443.html.
(10) All those named here were convicted in relation to the 1994 Raboteau massacre.
(11) Agence Haïtienne de Presse (AHP), 19 April 2004, 10:50 AM.
(12) Source: Reuters AlertNet.
(13) See Appel d'urgence des Nations Unies pour Haïti, United Nations Emergency Appeal for Haiti, in www.ht.undp.org, and UNDP Human Development Report, 2003, in www.undp.org.
(14) "Annan appeals for focus on Haitian people's efforts to improve their future", UN News Service 2 March 2004 and United Nations Emergency Appeal.
(15) About half of Haiti's population of 8.5 million were already dependent on some form of food aid before February 2004. See "Haiti on the brink of famine, warns German NGO", 6 May 2004 – electronic version available in www.reliefweb.int.
(16) See OCHA press release, 4 May 2004, in www.reliefweb.int. According to UNDP, 50% of the population doesn't have access to potable water – see www.ht.undp.org/humanitaire.
(17) Interview with Alix Richard, Counsellor to the Prime Minister, 6 April 2004.