PRESS RELEASE

No. 26/02

1.          The Inter-American Commission on Human Rights  (IACHR) has concluded its visit to the Republic of Haiti conducted at the invitation of the government of that country under OAS Permanent Council resolution CP/RES. 806. The delegation was composed of Mr. Clare K. Roberts, Member of the IACHR; Mr. Santiago A. Cantón, Executive Secretary of the IACHR; Mr. Eduardo Bertoni, Rapporteur for Freedom of Expression of the IACHR; Ms. Christina Cerna, Principal Specialist; and Ms. Raquel Poitevien, Specialist in Haitian Affairs.

2.          The IACHR is a principal organ of the Organization of American States (OAS). The Commission's mandate is to promote the observance of human rights in the Hemisphere. The Commission is grateful to the Government of Haiti for all the courtesies extended to enable it to carry out this visit and for the invitation to return periodically to the country to conduct follow-up. The visit of the IACHR was conducted in the framework of OAS Permanent Council resolution CP/RES. 806 of January 15, 2002, in order to restore a climate of confidence and security to resolve the political crisis in Haiti. The IACHR has, in the area of its competence, received a mandate to assess and report on the current situation of human rights and on the events that took place on December 17, 2001. Those activities were carried out in close cooperation with the other OAS entities and with the Secretary General of the OAS in Haiti, with respect accorded throughout to the autonomy and independence of the activities of the IACHR.

3.          In the course of the visit, the delegation met with officials of the Haitian Government, as well as with representatives of the opposition and civil society organizations. The delegation also met with the President of the Republic, Mr. Jean Bertrand Aristide; the Prime Minister, Mr. Yvon Neptune; the Minister of Foreign Affairs; the Minister of Justice and Public Security; the Minister of the Interior and Local Government; the Director General of the National Police of Haiti; the Inspector General of the National Police, and the Secretary of State for Public Security. The delegation also held meetings with representatives of different sectors of civil society, including nongovernmental organizations, different political parties, the Roman Catholic and Protestant Churches, and the press. It also met representatives of the United Nations Mission in Haiti, USAID, and the United Nations Development Program. The delegation, likewise, is grateful for the opinions of the Group of Friends of Haiti on the prevailing conditions.

4.          The Commission has noted the difficult plight of Haitian society evident, inter alia, in the extreme poverty in which the majority of the population lives, the high illiteracy, the high maternal and child mortality rate, and malnutrition. All of these circumstances create a situation of social crisis and in themselves represent a series of violations of human rights. In such a context, respect for human rights encompasses not only civic and political rights, but also economic, social and cultural rights, which represent a huge challenge that cannot be tackled without broad-based participation and a concrete development program on the part of the Haitian Government, and the collaboration of different sectors of  civil society and the international community.

          5.          The Commission is deeply concerned at the weakness of the rule of law and the democratic process, principally in some of the areas that have been evaluated in the course of the present visit. The Commission wishes to mention, in particular, the lack of independence of the judiciary, impunity, lack of security for citizens, the existence of armed groups that operate with complete impunity, and threats that have been proffered against certain journalists. All of these factors are the result of the absence of dialogue among the main sectors of society and clearly represent a flaw in the fundamental pillars needed to sustain the rule of law in accordance with the American Convention and the Inter-American Democratic Charter.

          6.          The Commission emphasizes the importance and urgency, pursuant to international obligations under the American Convention, of accelerating the changes to correct the serious situation of the judicial system due largely to its lack of independence, the climate of impunity that exists, as well as budgetary and logistical limitations.

7.          The Commission has noted the statements of President Aristide regarding “zero tolerance”.  It is not for the Commission to make recommendations about the type of criminal policy that governments choose.  That said, the Commission, acting within its authority, wishes to recall that it is essential when enforcing the chosen criminal policy to respect the individual rights of all persons.

8.          In that context, the Commission finds that it is essential that the monopoly of force be vested exclusively in the public security forces. It is essential to investigate the existence of armed groups and to disarm them fully as soon as possible. The Commission acknowledges as positive the recent statements made by President Aristide announcing the implementation of a nationwide disarmament program. The Commission will monitor closely the progress of the program, which it regards as vital to ensure greater respect for human rights.

9.          The Commission is gravely concerned at the lack of progress in the preliminary investigations into the murders of the journalists Jean Dominique and Brignol Lindor.  The impunity that surrounds the cases of these murdered journalists contributes significantly to the perpetration of acts of violence against journalists. Furthermore, the information collected indicates that while it is possible in Haiti to criticize the authorities, in some cases such criticism may result in threats that place journalists in a vulnerable situation, the effect of which is to prevent them from performing their functions.

          10.          The IACHR reiterates its offer to collaborate with the Government and with civil society as a whole to help strengthen the defense and protection of human rights within a framework of democracy and institutional legality. It hopes to return soon to follow up on the recommendations and observations made in this press release.

Port-au-Prince, Friday, May 31, 2002

ANNEX

PRELIMINARY OBSERVATIONS OF THE IACHR

UPON CONCLUSION OF ITS VISIT TO HAITI

                 1.            The Inter-American Commission on Human Rights  (IACHR) has concluded an on-site visit to the Republic of Haiti conducted at the invitation of the Government of Haiti in accordance with OAS Permanent Council resolution CP/RES. 806. The delegation was composed of Clare K. Roberts, Member of the IACHR; Santiago A. Cantón, Executive Secretary of the IACHR; Eduardo Bertoni, Rapporteur for Freedom of Expression of the IACHR; Christina Cerna, Principal Specialist; and Ms. Raquel Poitevien, Specialist responsible for Haitian Affairs.

                 2.            The IACHR is a principal organ of the Organization of American States (OAS), whose mandate is to promote the observance of human rights in the Hemisphere. Its authority derives from the American Convention on Human Rights and the OAS Charter, instruments both ratified by the Republic of Haiti.  The Commission is composed of seven members who are elected in their personal capacity by the OAS General Assembly.  The Commission carries out investigations and processes complaints in connection with violations of human rights, conducts on-site visits, prepares draft treaties and declarations on human rights, and composes reports on the situation of human rights in the countries of the region.

                 3.            The Commission is grateful to the Government of Haiti for all the courtesies extended to enable it to carry out this visit and for the invitation to visit the country periodically to conduct follow-up. The visit of the IACHR was conducted in the framework of OAS Permanent Council resolution CP/RES. 806 of January 15, 2002. This resolution was prepared with the active collaboration of the Haitian State and adopted by the Organization of American States.  The purpose of this resolution is to restore a climate of confidence and security to resolve the political crisis in Haiti via several mechanisms:  1) Creation of a Special Mission to strengthen democracy; 2) an investigation by an Independent Commission of Enquiry [SW1] into the events of December 17, 2001; and, 3) reparations for individuals and organizations that suffered damages as a direct result of the violence that broke out that day.  The Inter-American Commission, within its area of competence, received a mandate to analyze and report on current conditions as regards human rights and on the events related to December 17, 2001.  These activities were carried out in close cooperation with the other above-mentioned OAS entities and the representative of the Secretary General of the OAS in Haiti; respect was accorded throughout to the autonomy and independence of the activities of the IACHR.

                 4.            During its visit, the delegation interviewed the President of Haití, Mr. Jean Bertrand Aristide, and the Prime Minister, Mr. Yvon Neptune. It also met with the Minister of Foreign Affairs; the Minister of Justice and Public Security; the Minister of the Interior and Local Government; the Director General of the National Police of Haiti; the Inspector General of the National Police, and the Secretary of State for Public Security. The delegation also held meetings with representatives of different sectors of civil society, including nongovernmental organizations belonging to the Platform of Haitian Human Rights Organizations[SW2] . In addition, the delegation met representatives of different political parties of the opposition grouped together under Convergence Democratique, as well as representatives of the Roman Catholic and Protestant Churches.

                 5.            The IACHR also met representatives of the Haitian Press Association, the Haitian Journalists’ Association, and the Association of Haitian Women Journalists. Furthermore, the IACHR met representatives of the United Nations Development Program in Haiti and representatives of USAID. The delegation is also grateful for the opinion on the current conditions offered by the Group of Friends of Haiti.

                 6.            The IACHR has monitored the human rights situation in Haiti very closely. In the last four years the IACHR has conducted several visits and produced reports and other documents on the human rights situation in Haiti. The Commission will continue to make periodic visits and provide reports thereon in a timely fashion.  Bearing in mind the periodicity of the visits, the Commission will, in due course, examine, within its area of competence under the Convention and its Statute, different rights that usually form part of its reports, such as, women’s rights, the rights of the child, prison conditions and other matters.

                 7.            On this occasion the Commission has mainly centered on certain aspects to do with the rule of law in Haiti, which it considers of the utmost importance to ensure full observance of human rights in the country.  The Commission has devoted particular attention to the independence of the judiciary, impunity, citizen security, and freedom of expression.

                 8.            The foregoing notwithstanding, in the framework of collaboration that exists with the Government, and in order to contribute to efforts to enhance protection of the fundamental rights of the citizens of Haiti, the Commission, in the area of its competence under Article 41 of the American Convention on Human Rights, makes public its preliminary observations on the impressions obtained before, during, and after the present visit.

                 9.            In first place, the Commission wishes to draw attention to the harsh conditions of daily life in Haiti.  The extreme poverty in which the majority of the population lives, high illiteracy, the high maternal and child mortality rate, and malnutrition, among other aspects, create a situation of social crisis and in themselves represent a serious violation of the human rights of the Haitian population. In such a context, respect for human rights encompasses not only civil and political rights, but also economic, social and cultural rights.  Ensuring those rights represent a huge challenge that cannot be tackled successfully without deep commitment and a concrete development program on the part of the Haitian Government, the collaboration of all sectors of society, and the solidarity and support of the international community.

             10.            The American Convention says in its Preamble that "the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social, and cultural rights, as well as his civil and political rights[SW3] ."  Furthermore, the Preamble of the Protocol of San Salvador recognizes the close relationship that exists between economic, social and cultural rights, and civil and political rights, in that the different categories of rights constitute an indivisible whole based on the recognition of the dignity of the human person. Accordingly, both require permanent protection and promotion if they are to be fully realized, and the violation of some rights in favor of the realization of others can never be justified[SW4] .

A.          Rule of Law in Haiti

             11.            The IACHR wishes to underscore the importance of the democratic system and the rule of law for the protection of human rights. In a democratic society, the rights and freedoms inherent in the human person, the guarantees applicable to them and the rule of law form a triad. Each component thereof defines itself, complements and depends on the others for its meaning[SW5] .

             12.            Democracy is based on the principle that political sovereignty is vested in the people, and that in exercising that sovereignty the people elect their representatives in whom political power vests[SW6] , and the rights of minorities are respected. The representatives thus have a mandate from their constituents, who aspire to have a dignified life, in liberty and democracy[SW7] , which can only be achieved through effective control of government and the necessary checks and balances among state organs.  At the same time, the citizens elect their representatives but they are also involved in decision making through a multitude of forms of expression and peaceful assembly. The effective observance of human rights requires a legal and institutional order in which the laws come before the will of the rulers, and in which there are checks and balances among the various institutions for the purpose of preserving the pure expression of the popular will: the rule of law[SW8] .

             13.            Under the Inter-American Democratic Charter, “Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government[SW9] . Furthermore, transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy[SW10]  (Articles 3 and 4[SW11]  of the Inter-American Democratic Charter).

             14.            The Commission was informed by representatives of international and national organizations about the efforts underway to kick start dialogue between the Government and representatives of the opposition. The absence of dialogue with different sectors of society unquestionably has a negative effect on the protection of human rights.  In the experience of the Commission full observance of human rights is mainly achieved through dialogue involving all sectors of society.  The Commission hopes that dialogue will soon recommence and enable all sectors of Haitian society to take part in the shaping of a comprehensive policy on human rights.  In the current context in Haiti, progress in the effective protection of human rights will only be possible if sectoral interests are put aside.

B.          The events of December 2001

             15.            With respect to the events of December 17, the Commission reiterates its condemnation in the strongest possible terms of the acts of violence that cost several people their lives, as well as causing numerous injuries and substantial property damage to several citizens.  It is not up to the IACHR, within its area of competence, to determine individual criminal responsibility for the those events, but it is its place to insist that the State meet its international obligation to investigate and prosecute, in accordance with the rules of due process, those responsible for the acts that took place in December, and to ensure that those crimes do not go unpunished.  The IACHR underscores the urgent need to conduct an in-depth, impartial and objective enquiry into the crimes committed and to determine the respective responsibilities and punishments. In particular, it is necessary to investigate the responsibility of those who ordered, encouraged, or tolerated the presence of gun-carrying individuals and armed groups of civilians.  The Commission is particular concerned by information that some of the persons identified as ones who carried out some of the human rights violations perpetrated in December 2001 are not being properly investigated.

             16.            The Commission is aware of the initiatives of the Government of Haiti in coordination with the international community (in particular the OAS) intended to restore a climate of confidence and security, through the investigation by an Independent Commission of Enquiry [SW12]of   the events of December 17, 2001.  The IACHR values these initiatives and hopes that they lead to the identification and punishment of those responsible for serious human rights violations and thus help to consolidate the rule of law in Haiti.

C.          Administration of Justice

             17.            The Judiciary has been established to ensure compliance with the laws, and is no doubt the fundamental organ for protecting human rights[SW13] .  In the inter-American human rights system, the adequate operation of the judiciary is essential for preventing the abuse of power by another State organ, and, therefore, for protecting human rights.  In order for the judicial branch to be able to serve effectively as an organ for the oversight, guarantee, and protection of human rights, not only must it exist formally, but in addition, it must be independent and impartial.[SW14]   The existence of an independent judiciary is essential for the practical observance of human rights and democracy, and constitute a right that member states of the OAS, like Haiti, are under an obligation to respect and ensure to all persons under their jurisdiction[SW15] .

             18.            After its on-site in August 2000, the Commission expressed serious misgivings at the weakness of the Haitian justice system given its obvious lack of independence from the executive branch and the impunity prevailing over a large number of cases.  During the present visit, the Commission saw to its regret that no significant progress has been made that might enable it to mention substantial improvements in the administration of justice.

             19.            Furthermore, the Haitian judicial system continues to be plagued by chronic problems, such as a dearth of judicial employees, and shortage of funds and logistical resources.  These wants lead to delays in judicial proceedings and systematic violations of due process. The Commission was also informed that the judicial apparatus is non-existent at the grassroots-subdivision level (communes).

             20.            The Commission has mentioned the need to combat impunity many times.  The Commission considers that the current state of impunity for violations of human rights helps greatly to perpetuate violence.  Investigation, prosecution, and punishment of the culprits is crucial for eliminating violence.  The Commission notes with concern the failure of many cases involving human rights violations against the civilian population to come before the courts, as well as the slow progress or stagnation of investigations.

             21.            The Commission received specific information about murder cases that remain in the most absolute impunity, their investigations at a standstill, even though they began to be processed several years ago. Such cases include, inter alia, that of the radio journalist Dominique.  The IACHR was also informed in broad terms about the generalized impunity that exists in a large number of cases, which leads to a complete loss of faith on the part of Haitian society in its justice system.  However, the IACHR is also aware that the judicial investigations in the Raboteau and Carrefour Feuilles cases have borne fruit, which shows that when there is a will it is possible to arrive at the facts and punish persons responsible for violations of human rights. While such instances represent progress, it is plainly insufficient given the vast majority number of such cases that remain unpunished.

             22.            A demonstrably independent judiciary, in particular from the executive branch, is also critical to ensure proper administration of justice.  The Commission observed serious flaws in the administration of justice in that respect.  There are several factors that underlie the subordination of the judiciary to the executive branch: inter alia, the power of the President to appoint and dismiss judges; commissaires de gouvernement and their alternates are agents of the executive branch before the courts; the National Police, whose duties include investigation of crimes, are under the supervision of the executive branch. Furthermore, juges de paix are assistants to the offices of commissaires de gouvernement (or parquets), as well as being under their jurisdiction.  The Commission was further informed that the lack of independence of the judiciary also stems from the fact that it is largely dependent on the executive for funds. It is a feature of the judiciary that the executive has the power to select, appoint and remove judiciary officials; this amounts to interference and seriously impairs its independence.

             23.            The Commission emphasizes the importance of hastening, immediately and in accordance with international obligations under the American Convention, the process to correct the grave situation of the Haitian judicial system due mainly to its lack of independence, the situation of impunity, and its budgetary and logistical limitations.

D.          Citizen Security

             24.            In the area of citizen security, the Commission wishes to express its concern at the slow progress it has observed since its last visit. On that occasion, regarding citizen security, the Commission mentioned that it had been informed about improvements with respect to the National Police, its members, and proposed plans for police training, and oversight mechanisms. The IACHR feels compelled to say that the 5,600 members of the police force whose duty is to guarantee the security of the eight million people living in the country are manifestly insufficient.  The competent authorities have acknowledged that the police are clustered in urban areas and that rural areas are without the benefit of a police presence.  This void has created a breeding ground for abuse and cases of lynching by the public. The IACHR has received complaints of acts perpetrated by agents of the National Police of Haiti that include abuse of authority and degrading treatment, acts of torture, and extra-judicial executions, which constitute crimes against humanity and are not covered by a statute of limitations.

             25.            The Commission has noted the remarks of President Jean Bertrand Aristide regarding the zero-tolerance policy.  It is not for the Commission to make recommendations about the type of criminal policy that governments choose.  That said, the Commission, acting within its area of competence, wishes to recall that, whatever the criminal policy, it is essential when enforcing that policy to respect the individual rights of all persons.

             26.            The Commission received information from different quarters regarding acts of police violence that could have stemmed from a misinterpretation by some National Police officials of the zero-tolerance principle.  Particular mention was made of some cases of extra-judicial execution.

             27.            On this point, President Aristide told the Commission of his total conviction of the need for the zero tolerance policy to be implemented in strict accordance with the law and with generally recognized international standards on respect for the guarantees of the individual. The Commission applauds the clarification made by President Jean Bertrand Aristide and hopes that this clarification regarding strict compliance with the law and generally recognized international principles is transmitted as soon as possible to every member of the National Police of Haiti.

E.          Popular Organizations

             28.            Various sectors mentioned to the Commission their concern regarding the activities of so-called “popular organizations”; the authorities describe them as groups organized within a given community to deal with the problems of that community. However, different people said that some of these organizations are armed and are used by the authorities to intimidate the opposition. Some organizations are even alleged to have been involved in the serious incidents that occurred in December 2001.

             29.            The rights to participation in government, to assembly, and to free expression are recognized by the American Convention and, by that token, “popular organizations”, as free groups of citizens or grassroots organizations that support the political agenda of the President, may in certain circumstances be a suitable channel for the exercise of such rights.  That said, the Commission understands that the expression of certain partisan political views cannot be given precedence to the detriment of others; nor can they justify acts of violence or restrictions on the rights of others with different political views.

             30.            The international responsibility of the State is triggered if groups of civilians freely violate rights with the support or acquiescence of the Government. The Commission calls on the Government seriously to investigate the acts of violence attributed to some “popular organizations”, and to adopt, as a matter of the utmost urgency, all necessary measures to prevent the recurrence of such acts.

             31.            It is crucial that the monopoly over the use of force be vested exclusively in the public security forces.  It is essential to investigate the existence of these armed groups and to disarm them fully as soon as possible. The Commission wishes to acknowledge as positive the recent announcement of President Aristide regarding the implementation of a nationwide disarmament program. The Commission will monitor closely the progress of the program, which it regards as vital to ensure greater respect for human rights.

F.          Freedom of Expression

             32.            Freedom of expression is one of the principal concerns of the IACHR in the hemisphere; proof of that was its decision to create the position of Special Rapporteur for Freedom of Expression, which enjoyed the support of the Heads of State and Government at the Second Summit of the Americas held in Chile in April 1998. The IACHR has devoted particular attention to the status of freedom of expression in Haiti in its annual reports and in the report of the Office of the Rapporteur on the visit conducted in February this year.  It is important to note, from the information received in the course of the present visit, that we may conclude that many of the observations contained in the reports of the IACHR and its Special Rapporteur for Freedom of Expression still stand.

             33.            The Commission is concerned at the lack of progress of the investigations opened into the murders of the journalists Jean Dominique and Brignol Lindor.  The impunity that surrounds the cases of these murdered journalists helps significantly to perpetuate acts of violence against journalists. Furthermore, the information received indicates that while it is possible in Haiti to criticize the authorities, in some cases such criticism leads to threats that expose journalists to situations of risk, which has an intimidating effect on their work; according to the information received such situations have led them to exercise self-censorship or to abandon the profession. It should be emphasized that freedom of expression is not ensured merely by the absence of acts of prior censorship; threats directed at social communicators also constitute an indirect restriction on freedom of expression and it is the duty of the State to provide the necessary protection so that they can perform their function of informing the public.

             34.            The IACHR received information about the existence of laws that criminalize offensive expressions directed at public officials. The IACHR has pronounced its opinion regarding the incompatibility of such provisions with Article 13 of the American Convention, inasmuch as such laws, which are generally known as “desacato” laws, afford a greater measure of protection to public officials acting in an official capacity that is not available to other members of society.  The IACHR understands that the use of such powers to restrict speech lends itself to abuse as a means to silence unpopular ideas and opinions, thereby repressing the debate that is critical to the effective functioning of democracy.  It is to be hoped that such laws will be revised by the Haitian State and made consistent with Article 13 of the American Convention, bearing in mind the criteria emanating from the Inter-American Declaration of Principles on Freedom of Expression[SW16] .

FINAL CONSIDERATIONS

             35.            The main source of democratic legitimacy is that granted by the popular will as expressed in free, periodic, and universal elections. Yet elections in themselves are not sufficient to ensure a fully effective democracy. As indicated by the Inter-American Democratic Charter, essential elements of democracy include, among others, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government. Furthermore, transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy. The constitutional subordination of all state institutions to the legally constituted civilian authority and respect for the rule of law on the part of all institutions and sectors of society are equally essential to democracy. In this context, the functioning of an independent and impartial judiciary as a guarantor of the protection of human rights, as a vehicle for obtaining justice for victims, and as an organ of oversight and a check on the action of the other branches of government is fundamental to the rule of law[SW17] .

             36.            The Commission wishes to express its deep concern at the weakness of the rule of law and the democratic process in Haiti.  This concern stems from several of the areas that were evaluated in the course of the present visit. The Commission wishes to mention, in particular, the lack of independence of the judiciary, impunity, the lack of security for citizens, the existence of armed groups that operate with impunity, and threats to certain journalists.

             37.            All of these factors, combined with the absence of dialogue among the main sectors of society, clearly represent a flaw in the fundamental pillars needed to ensure the existence of the rule of law in a democratic system in accordance with American Convention and the Inter-American Democratic Charter.

             38.            The Commission appeals to the authorities of the State and the various expressions of civil society to analyze this press release and the reports and press releases in connection with future visits, in order to discuss constructively how to implement its recommendations, with a view to advancing towards the full observance of human rights for the inhabitants of Haiti, with no distinctions whatsoever.

             39.            The IACHR will continue to observe very closely developments in the human rights situation in Haiti. The visit that concludes today was an excellent opportunity to pursue this aim, and to further the dialogue that the Commission maintains with the Haitian authorities and Haitian society within the area of its competence. The IACHR reiterates its offer to collaborate with the Government and with Haitian society as a whole to help strengthen the defense and protection of human rights in a context of democracy and institutional legality. In addition, the Commission hopes to make another visit to Haiti in the near future to follow up on the recommendations and preliminary conclusions presented in this press release.

Port-au-Prince, May 31, 2002.