7729: Adama Dieng's Latest Report on Haiti (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Max Blanchet <maxblanchet@worldnet.att.net>

The complete report can be obtained at:

www.UNhchr.ch

The report number: E/CN.4/2001/106 is then entered at the very

top of the screen in order to retrieve it.

The summary and introduction follow.

MJB
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Summary

In this report, the independent expert supplements the report submitted on
25 October 2000 to the General Assembly (A/55/335) and includes
recommendations whose implementation will, in the case of some of them,
require the combined efforts of the Haitian authorities and the
international community.

The political polarization in Haiti is bound to cause consternation among
those who sincerely wish to see that country finally break out of its
infernal cycle of violence and indescribable poverty.  The independent
expert welcomes with interest the pledge made by President-elect
Jean-Bertrand Aristide after his meetings with Mr. Anthony Lake, the envoy
of President Clinton.  It should be pointed out that the tense situation
prevailing in Haiti is related essentially to the manner in which the
elections of 21 May 2000 were conducted and, more specifically, to the
method of calculation used in the senatorial election.

In view of the dangers facing the Haitian nation, the independent expert
appeals to all the players to reach agreement on the main issues.  After
all, what unites them is far more important than what divides them.  Each of
the parties will therefore have to make certain concessions in order to
enable this country, the poorest in the northern hemisphere, to set to work
again on eradicating its many ills, which include social inequalities,
exclusion, corruption, poverty and destitution, intolerance, illiteracy,
drug trafficking, the poor public health situation, the egoism of the rich,
the lack of a culture of democracy, child mortality and AIDS.

As he stated in his report to the General Assembly, the independent expert
remains convinced that the political polarization creates a breeding ground
for daily violence, including hold-ups, murders, fatal woundings and
burglaries.

The independent expert deplores the deterioration of the system for the
administration of justice.  This is manifest in the politicization of the
police, arbitrary arrests, prolonged detention without trial, the climate of
violence and also the deplorable health conditions in the prisons.  The
independent expert nevertheless notes some progress, including a number of
successful measures by the police to combat crime, the trial relating to the
events of Raboteau and the efforts of the authorities to reform the
legislative and judicial system in order to lay the foundations for a State
governed by the rule of law which seeks to protect the interests of the
majority of the Haitian population.

With regard to international cooperation, the independent expert is of the
view that cooperation with Haiti should be planned as part of a strategy
covering the long term and not, as has hitherto been the rule, the short
term.  The international community should pursue technical cooperation and
assistance programmes in such fields as the administration of justice, human
rights and prisons.

Aside from the monitoring of human rights, the independent expert believes
that the United Nations should place more emphasis on capacity-building.
One of the objectives here is to strengthen the commitment to democratic
values.  The Office of the High Commissioner for Human Rights (OHCHR) should
undertake a programme of technical cooperation and assistance particularly
for capacity-building inter alia in State institutions, the Office of the
Ombudsman (OPC), the Judges School, the administration of justice and civil
society.

 Introduction

1. At its fifty-sixth session, the Commission on Human Rights, through its
resolution 2000/78, endorsed by Economic and Social Council decision
2000/277, invited the independent expert to report to the General Assembly
at its fifty-fifth session and to the Commission at its fifty-seventh
session on developments in the human rights situation in Haiti (resolution
2000/78, para. 21).  In implementation of that resolution, the independent
expert carried out two missions to Haiti, the first from 27 July to 8 August
2000 and the second from 13 to 20 December 2000.  He also visited
Port-au-Prince from 25 to 29 September 2000, at the invitation of the
International Civilian Support Mission in Haiti (MICAH) and the Haitian
Ministry of Justice, to contribute to the first conference on reform of the
justice system; he took that opportunity to attend the opening of the trial
relating to the events of 1994 in the Gonaïves district of Raboteau.

2. During his visits to Haiti, the independent expert met with a large
number of politicians and members of civil society.  The public figures with
whom he met included Mr. René Préval, President of the Republic; Mr.
Jacques-Edouard Alexis, Prime Minister; Mr. Jean-Bertrand Aristide,
President-elect of the Republic and leader of the Mouvement Fanmi Lavalas;
Ms. Mirlande Manigat, Senate candidate; Mr. Fritz Longchamp, Minister for
Foreign Affairs; Mr. Camille Leblanc, Minister of Justice; Mr. Florence
Elie, Assistant to the Ombudsman; Mr. Gérard Pierre Charles, coordinator of
the Organisation du peuple en lutte (OPL); Mr. Jean Bien-Aimé, Minister of
National Education; Mr. Evans Paul, President of the Espace de concertation;
leaders of the Mouvement catholique pour une nouvelle Haïti (MOCHRENA); Mr.
Hubert De Roncay, leader of the Mouvement patriotique pour le sauvetage
national (MPSN); Mr. Renaud Bernardin of the Parti Louvri Baryè (PLB);
representatives of Convergence démocratique; Mr. Willy Lubin, Director of
the judges school; Ms. Lise Pierre Pierre, Chief Judge of Port-au-Prince;
Mr. José Pierre-Louis, Public Prosecutor of Port-au-Prince; Mr. Yvon
Neptune, President of the Senate; Mr. Pierre Denizé, Director-General of the
Haitian National Police; members of the Provisional Electoral Council (CEP)
and members of the judiciary.  The independent expert wishes to express his
gratitude for their constructive cooperation.

3. He also had highly productive meetings with Mr. Alfredo Lopes Cabral, the
Representative of the Secretary-General; Mr. Oscar Fernandez-Taranco,
Resident Representative of the United Nations Development Programme (UNDP)
and his deputy; Ms. Diene Keïta, Chargé d'affaires of the Embassy of
Venezuela; representatives of the United Nations Food and Agriculture
Organization (FAO); Mr. Tschicaya, of the United Nations Educational,
Scientific and Cultural Organization (UNESCO); Mr. Bernard Hadjadj, of the
United Nations Children's Fund (UNICEF); Mr. Rodney Philips, and Ms. Grace D
'Almeida and Mr. Jean-Paul Lupien, officers in charge of the UNDP "Justice"
and "Prisons" projects, respectively.  The independent expert held working
meetings with staff members of the International Civilian Support Mission in
Haiti (MICAH), with representatives of various associations of civil
society, including the Plateforme des organisations haïtiennes de droits
humains (POHDH); Mr. Pierre Espérance, President of the National Coalition
for Haitians' Rights (NCHR); the Syndicat d'enseignants (UNNOH);
non-governmental organizations (NGOs) concerned with human rights and women'
s organizations.  He also heard the views of Haitian men and women of
various social classes.  The independent expert particularly appreciated his
meeting, which was very rewarding from all points of view, with the
ambassadors of the Group of Friends of the Secretary-General for Haiti
(Argentina, Canada, Chile, France, the United States of America and
Venezuela) joined by Spain and the Dominican Republic.  He would hereby like
to thank them warmly for their concern and understanding.

4. The independent expert supplements here the report submitted on 25
October 2000 to the General Assembly (A/55/335), including recommendations
whose implementation will, in the case of some of them, require the combined
efforts of the Haitian authorities and the international community.

5. At the time of the submission of this report to OHCHR on 4 January 2001,
the deterioration of the political climate was a cause for fearing the worst
as regards the future of human rights in Haiti.  One need only refer to the
decision taken on 3 January 2001 by Convergence démocratique to proceed with
its plan to set up its own government, on 7 February 2001, in the place of
Mr. Jean-Bertrand Aristide, who was elected on 26 November 2000 following a
poll boycotted by the 15 main opposition groupings.  In response to this
decision by Convergence démocratique, the Prime Minister warned the
opposition not to make any attempt to destabilize the country and indicated
that he was ready to take all possible steps to prevent any disorder.  He
acknowledged the mobilization of the popular organizations wishing to
counter the moves by the opposition.  As can be appreciated, the political
polarization in Haiti is bound to cause consternation among those who
sincerely wish to see the country finally break out of its infernal cycle of
violence and indescribable poverty.  The independent expert welcomes with
interest the pledge made by President-elect Jean-Bertrand Aristide after his
meetings with Mr. Anthony Lake, the envoy of President Clinton; that pledge
confirms what Mr. Aristide told the independent expert on 20 December 2000
at his residence in Tabarre (paragraph 15 below reproduces part of this
pledge given in a letter addressed to President Clinton).  It should be
pointed out that the tense situation prevailing in Haiti is related
essentially to the manner in which the elections of 21 May 2000 were
conducted and, more specifically, to the method of calculation used in the
senatorial election.

6. As he stated in his report to the General Assembly, the independent
expert remains convinced that the political polarization creates a breeding
ground for daily violence, including hold-ups, murders, fatal woundings and
burglaries.  This dark picture is worsened by the abject poverty of the most
disadvantaged classes, who have suffered so much and have continued to face
problems of access to drinking water, health care, housing, education and,
in particular, to the justice system and the law - in short, to legal
services.  There is an urgent need to defuse the tension and find a solution
that ensures the rule of law and is consistent with the aspirations of the
Haitian people.  These people should be the first concern of all the parties
involved, including the international community.

7. In view of the dangers facing the Haitian nation, the independent expert
appeals to all the players to reach agreement on the main issues.  After
all, what unites them is far more important than what divides them.  Each of
the parties will therefore have to make certain concessions in order to
enable this country, the poorest in the northern hemisphere, to set to work
again on
 eradicating its many ills, which include social inequalities, exclusion,
corruption, poverty and destitution, intolerance, illiteracy, drug
trafficking, the poor public health situation, the egoism of the rich, the
lack of a culture of democracy, child mortality and AIDS.

8. This report, accompanied by recommendations, focuses on the political
context, civil liberties, prison conditions, the Haitian National Police,
the judicial system and international cooperation.  It supplements and
updates the report submitted to the General Assembly in October 2000
(A/55/335), which, in addition to the problems raised in this report, deals
with issues relating to the politicization of the police, the lack of a
culture of democracy, impunity, judicial reform, the question of rural
populations and the right to development, the right to education and the
situation of Haitian migrants in the Dominican Republic.