24650: Esser (news): Shredding the Haitian Constitution: UN Betrayal in Port au Prince

[sak-pase@bimini.ws]

From: D. Esser <torx@joimail.com>

Haiti News - San Francisco Bay Area Indymedia
http://www.indybay.org/international/haiti/
April 1, 2005

Shredding the Haitian Constitution: UN Betrayal in Port au Prince
by Sasha Kramer
sash@stanford.edu


On February 28, one year after the overthrow of Haiti’s
democratically elected government, Brazilian UN troops, stood by as
police opened fire on unarmed demonstrators, killing five and
wounding dozens in Bel Air, a popular neighborhood in Port au Prince.

Following the demonstration UN officials condemned the shooting and
for the first time stated that if this happened again they would
intervene "with force if necessary". They also restricted the police
from attending several demonstrations later that week.

These bold, and ultimately disingenuous, statements from UN special
envoy Juan Gabriel Valdes, part of the MINUSTAH mission in Haiti,
created a moment of hopefulness and peaceful demonstrations swelled
in numbers over the past weeks in response to the heightened security
brought about by conspicuous police absence. People felt a new degree
of safety and the nonviolent pro-democracy movement was gaining
tremendous momentum.

Until last Thursday, March 24, when police once again opened fire on
thousands of unarmed demonstrators in Cite Soleil as they
courageously took to the streets to demand the return of President
Aristide and the release of all political prisoners in Haiti. Reports
indicate that between 3 and 5 people were killed. Apparently UN
forces were present at the demonstration but not in sight when the
shooting took place. They have yet to release a statement about the
incident.

Then on Friday evening Father Gerard Jean Juste, beloved priest and
pro-democracy activist, was attacked by an assailant as he returned
to the church rectory. Friends managed to chase the attacker away and
later he was captured and detained by community members. Then the
following evening as Father Jean Juste was doing a live interview
with Flashpoints radio on KPFA in Berkeley several men in black masks
jumped out of a car and began firing at the rectory with machine guns.

These attacks eerily came on the same day that Father Jean Juste
delivered a special mass commemorating the life of Archbishop Oscar
Romero, a liberation theologian killed by US trained militias in El
Salvador on March 24, 1980.

Calls were made to the Brazilian UN following both incidents but UN
troops did not arrive on the scene until Saturday evening’s Easter
mass.

On Tuesday March 29 thousands gathered in Bel Air to peacefully
commemorate the signing of their constitution and to demand that the
international community respect that constitution, starting with the
return of the duly elected president, Jean Bertrand Aristide.

Prior to the march organizers negotiated the route with MINUSTAH.
Then on the morning of the demonstration MINUSTAH soldiers
distributed flyers in Bel Air saying that the government had declared
the march illegal. Despite these warnings thousands of people
gathered in Bel Air to demand their constitutional right to protest
on the 18th anniversary of the constitution.

What follows is an account of Radio Ginen's footage of Tuesday's events

--- Apparently, things broke down when Gen. Heleno (shown on camera
with an army helmet) claiming that MINUSTAH's demonstration permit
(shown on camera) was not valid because the demonstrators had not
simultaneously informed BOTH MINUSTAH and the PNH with the necessary
advance notice. MINUSTAH alone does not suffice.

The demonstration's organizers then made the argument that they
cannot be filing the permit request with the PNH when it is the same
PNH that is gunning demonstrators down at demonstrations.

The argument became heated and high-volume, with choice words
exchanged, after which Heleno declared "It's your country, not mine.
I'm not the legal authority here, the PNH is. You must recognize
their authority," and the crowd chanting "MINUSTAH must go" before
Heleno retreated to his vehicle.

The demonstration continued, but MINUSTAH blocked off the planned
demonstration pathway, and the crowd could not get to the Palace
area. Chaos ensued, shooting, several people injured with gunshot
wounds, apparently from MINUSTAH.

A demonstrator said 'MINUSTAH completely dispersed the demo. People
are frustrated, MINUSTAH didn't let people demonstrate. Juan Gabriel
Valdes gave the assurance allowing the people to demonstrate, and
it's not being respected. There is a "kouri" (free-for-all).
MINUSTAH's spokesperson assured us security, along the route we
planned with MINUSTAH. That was our program, to demand that the
constitution be respected. MINUSTAH shot tear gas and crushed the
demonstration. Shooting is occurring. MINUSTAH is firing on us.
Latortue asked us for 48 hour notice. We gave them 72. Why are they
shooting us?

The constitution is 18 years old. Today, all Haitians celebrating the
18th year, but it's desolaton and insecurity. The occupiers and the
sell-outs are holding the country hostage. Journalists, police,
students are dying, no one has security, any way Latortue and
Boniface are giving the country away to United States, Canada, and
France, but the final victory will be for the people in struggle.'---

Just last week Father Jean Juste said "As long as MINUSTAH's position
supports the enjoyment of our human rights, we'll walk along. If they
return to their oppressive attitude, we'll reject them like we did
for the killer policemen."

Why this return to an oppressive attitude? This reversal of tactic on
the part of MINUSTAH is doubly egregious. They directly participated
in human rights abuses, including the severe beating of a 12 year old
boy, and they mislead and betrayed the organizers, making false
promises regarding security provisions.

These past weeks marked a critical moment for the MINUSTAH mission in
Haiti. UN officials were faced with a choice between two conflicting
components of their mandate: to back an illegitimate government and a
violent police force infiltrated by the former military or to protect
human rights.

In the first year following the overthrow of the democratically
elected government UN troops primarily focused on fulfilling the
first part of their mandate to the detriment of human rights, and
numerous lives were lost as a result of this duplicitous and
politically repressive policy.

On January 5 UN troops arrested Jimmy Charles, a Lavalas organizer.
Community members begged them not to turn him over to the police,
fearing for his life. Ignoring these demands the UN turned him over
to the police and on January 15 his body was found in the morgue with
6 bullets.

The people of Haiti, particularly the families of those that died,
have not forgotten this incident, nor have they forgotten that it was
the UN that trained the police and continues to prop up an
illegitimate government in direct violation of their OAS obligations.

Nonetheless there were many who heard Juan Gabrial Valdes say that
"the U.N. mandate for the peacekeepers--which requires them to
support the police no matter the circumstances--is being reevaluated
at the highest levels" and felt a moment of hope.

Was it possible that a combination of international pressure and
personal shame would move the UN to change their policy? There seemed
to be some recognition that the MINUSTAH mandate, as written, is
untenable. It is simply impossible to defend human rights when one is
required to back those committing the abuses.

Hope was further bolstered as the UN began to take aggressive steps
to dislodge the former military from several towns where they have
been terrorizing the populations. Three UN peacekeepers lost their
lives last week in violent clashes with the former soldiers. There
appeared to be a new willingness to take the necessary risks involved
in any serious disarmament plan, unfortunately at the cost of several
lives.

These acts, though commendable, should not overshadow the fact that
for months the UN allowed the former soldiers to terrorize much of
the countryside around Port au Prince. Nor should it draw attention
away from the return to an oppressive UN policy of working with an
abusive police force to do the bidding of an unelected US-backed
government.

Sadly, though perhaps not surprisingly, the events of the past week,
particularly the direct attacks on demonstrators on March 29,
indicate that the much hoped for shift in UN policy has not occurred.
In fact the pendulum has swung sharply in the opposite direction.

Although individual soldiers are ultimately responsible for their
actions, there are larger forces at play that are intent on defending
the legitimacy of an unelected and unpopular government at the
expense of innocent lives. Troops on the ground are forced to comply
with a mandate dictated by the United States, France and Canada and
they will have to live with the memory of the lives lost as a result
of their inaction and ongoing collaboration with a brutal police
force.


for the whole article including photographs see:
http://www.indybay.org/news/2005/04/1730772.php