Country Report on Human Rights Practices for 1986
HAITI
After months of mounting unrest, President-f or-Life Jean-Claude
Duvalier fled Haiti on February 7, 1986. This ended the
hereditary dictatorship begun by his father, Francois Duvalier,
in 1957. The National Governing Council (CNG) replaced
Duvalier and is presently composed of three members:
Lieutenant General Henri Namphy, President, Colonel Williams
Regala, and Jacques Francois. On assuming office, the CNG
suspended Duvalier 's 1983 constitution and currently rules by
decree. It has largely retained the inherited government
structure while replacing most senior officials. The CNG at
its inception stated that its primary goal was to oversee a
transition to a freely elected government. To this end, it
announced on June 7 a comprehensive program for building
democratic institutions, to culminate in the inauguration of an
elected president and legislature on February 7, 1988.
The CNG committed itself to the protection of human rights and
the end of the systemic repression of the Duvalier regime. In
one of its first acts, it freed all political prisoners. It
also dissolved the Volunteers for National Security (VSN) or
"Tontons Macoute," Duvalier 's secret police. All defense and
police functions are now performed by the Haitian armed forces,
an integrated organization composed of army, navy, air force,
and police elements.
The CNG has instituted basic freedoms of expression and
association. The press now functions without restraint.
Dozens of political parties have emerged, and Haitian
politicians are attempting to build electoral support. The CNG
has issued two decrees governing the press and political
parties, respectively. Both decrees have been criticized as
unduly restrictive, but in practice, press and political
activity have flourished without hindrance by the Government.
Extreme poverty, a weak economy, and a deteriorating
environment remain Haiti's most urgent problems. Haiti is the
poorest country in the Western Hemisphere. Few social services
are available to the average Haitian; a CNG goal is to improve
living standards Economic reforms have reduced prices of
certain staples such as gasoline and cooking oil.
Virtually all Haitians welcomed Duvalier 's ouster and the new
opportunities it provided. However, the CNG has moved only
gradually to make changes many Haitians and other observers
expected. Haitians have manifested their impatience in several
periods of unrest since Duvalier s departure. Often stimulated
by agitators, they have marched and demonstrated during these
periods. There have been about a dozen deaths at government
hands, generally during confrontations with police and military
forces; approximately three soldiers and police also have
died. While the Government has implemented positive human
rights measures, incidents contrary to CNG policy demonstrate
that further progress remains to be made, especially in the
prof essionalization of the security forces.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person, Including
Freedom from:
a. Political Killing
Since February 7, there is no evidence that the Government has
singled out individuals and killed them for political motives.
However, there have been several instances where people have
been killed during confrontations with government forces;
government personnel acting in a private capacity also have
exceeded their authority and killed people. The Government
has investigated several such cases and has prosecuted in at
least one of these.
The most serious incident occurred April 26 at Fort Dimanche, a
military base and, under the Duvaliers, a political prison.
Early that day, a commemorative mass took place to honor
victims of a 1963 massacre by the regime of Francois Duvalier.
Thousands of mourners then marched peaceably to Fort Dimanche
where a confrontation developed between the few police officers
present and a separate group of agitators. The police opened
fire after rocks and other debris were allegedly thrown. Three
persons were killed; four others died when an electrical line
fell. The Government announced that it would investigate the
tragedy. However, no report has been issued nor has
anyone — police or agitator — been arrested. Another incident
occurred February 26, when security forces shot and killed one
person at the home of a former Duvalier regime official in
Port-au-Prince during a curfew imposed because of unrest. The
victim and about a dozen others were in the house when security
forces arrived and, apparently with no explanation, began
beating some of those present. On March 19, in a violent
encounter in Port-au-Prince, gunfire from soldiers resulted in
one to five deaths (the number is unknown). The Government
issued a report on this incident late in 1986; this report did
not find the Government at fault. On June 6, government
security forces shot and killed a man in Port-au-Prince during
a confrontation between protestors and government forces.
Army Adjutant Robesse Metellus was charged with killing a
public transport driver in October. He was subsequently tried,
convicted, and sentenced to prison.
Government security personnel have also been the victims of
violence. One police sergeant was shot and wounded May 30 by
demonstrators in Port-au-Prince. On June 4, an unknown
assailant shot and killed a police sergeant. Neither case has
been solved. A police station in the Cite Soleil slum was
attacked September 19 and two police officers were killed. On
October 1 and 2, the Armed Forces announced that three men had
been arrested in connection with the attack and two others were
being sought.
The Government has prosecuted several Duvalier regime security
officials accused of murder and other crimes, and has charged,
or said it would prosecute, about 20 others. On April 4, a
court-martial sentenced a warrant officer co 1 year in prison
at hard labor for having ordered the fatal beating of a
Gonaives schoolmaster in 1985. An 18-day court-martial
convicted Lt . Col. Samuel Jeremie of homicide May 30 and
sentenced him to 15 years' imprisonment. Jeremie was found
guilty of a 1984 murder and of mass killings in Leogane in
January 1986. After a 15-hour trial in July, a 12-member jury
convicted former secret police chief Luc Desyr of the murder of
a man and his wife in 19 55. Desyr was sentenced to death. He
remains in custody.
On July 22, a court convicted Edouard Paul of the disappearance
and death of Pierre Denis in 1969. Paul, the former director
of the Government's literacy office and of the Duvalier
political movement CONAJEC, was sentenced to 3 years'
iitiprisonnient and fined US$180,000. The trial lasted 15
uninterrupted hours.
On September 11, two former secret police officials were
convicted in absentia and sentenced to death as accomplices in
two murders. The court a3so awarded the victims' estates
US$400,000 damages. The Government has an extradition request
before a Brazilian court for former police chief Albert Pierre
so he can stand trial for multiple crimes.
b. Disappearance
In a widely publicized case. Chariot Jacquelin, a Catholic
church literacy worker disappeared September 19. Witnesses
said several civilians and one man in military fatigues took
Jacquelin from his home to a police station, where they were
met by eight men in blue police uniforms who took Jacquelin
away. He has not been seen since. Jacquelin's disappearance
sparked controversy and some unrest. Both civil and military
officials denied any knowledge of Jacquelin's whereabouts.
The Government released 28 political prisoners on February 7.
The whereabouts of several political prisoners from the
Duval ier era, however, remain unknown. The Government
maintains that all political prisoners found in prison were
freed on February 7, and that any persons still missing must be
presumed to have died in custody. Family members and
associates of the missing continue to seek definitive reports
from the authorities in each case. No such reports were issued
in 1986.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
Several persons complained they were physically abused by
police when arrested at demonstrations. However, there is no
credible evidence of torture or cruel, inhuman, or degrading
treatment or punishment under the CNG . Prison conditions in
Haiti are poor.
d. Arbitrary Arrest, Detention, or Exile
The CNG ended the arbitrary arrest and detention of political
opponents. Under Haitian law, a person may be arrested or
detained if apprehended during the commission of a crime or
pursuant to a judicial warrant based on evidence justifying the
arrest. In all cases not involving the actual commission of a
crime or issuance of a warrant, the person arrested must be
brought before a judge within 48 hours to determine if a legal
basis exists for the arrest. If the judge so determines, the
person may be detained for further legal process. Otherwise,
he is released.
In addition to the laws governing arrests, Haitian law requires
that a suspect be formally charged at least 2 weeks before
trial. The law permits the accused to meet with an attorney
immediately before trial, although defendants are often able to
meet informally with counsel shortly after arrest. There is no
public defender or bail system in Haiti; judges may, however,
grant "provisional liberty" to a prisoner. A case may be
brought before a jury or, in the case of military personnel, a
court-martial. Defendants may appeal judgments within 3 days
of conviction.
The entire Haitian legal system is recovering from abuse and
neglect during the Duvalier era, when it had little
independence. In cases of arrest of political activists since
February, the system appears to have operated generally in
accordance with legal requirements. In October army units
arrested three anti-CNG activists, apparently for disturbing
the peace; all were released 3 days later on court orders. On
October 6, military forces in Les Cayes arrested a prominent
anti-Duvalierist on charges of being a public nuisance. He was
later released, and no legal action against him is pending.
Cap-Haitien police arrested a Catholic literacy worker in
October. They notified Church officials promptly.
Except for those associated with Jean-Claude Duvalier who fled
Haiti on or after February 7, there are no Haitian political
exiles. Those exiled under the Duvalier regime have been
invited by the CNG to return to Haiti; many have.
Forced or compulsory labor, other than prison labor, is not
employed in Haiti
e. Denial of Fair Public Trial
Trials in the Jeremie, Desyr , and Paul cases were public and
received full media coverage. Juries and courts-martial were
properly constituted. The defendants were represented by
attorneys, who themselves faced public criticism for taking the
cases. In each trial, the accused confronted witnesses and was
allowed to cross-examine them, through counsel, and to make
statements on his own behalf.
The difficulties of conducting fair trials for Duvalier
officials charged with murder and other crimes were
demonstrated in April in the case of Adherbal Lherisson.
Prosecutors could not begin his trial in Cap-Haitien because
witnesses were unwilling to testify, and there was a problem of
obtaining evidence in a case 2 decades old. Rioters then
burned down the prosecutor's house and ran the defense lawyer
out of town. The trial is still scheduled, perhaps with a
change of venue.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is no interference with individual privacy or the
sanctity of the family, home, or correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The CNG has promoted free speech and press freedom. Public
debate is robust. Criticism of the Government and its
officials is prominent in all media, including the state-owned
daily newspaper Haiti Liberee, Radio Nationale, and Television
Nationale d'Haiti.
No journalists have made credible allegations of official
censorship or intimidation. Twice, journalists at the
state-owned media have implied or complained of CNG
interference with editorial content. In neither case were the
allegations substantiated.
There are several privately owned daily and weekly newspapers
and radio stations and one television station. All have
criticized the CNG with no apparent interference from the
Government. Church-owned radio stations are prominent in
Haiti. The Catholic and Protestant churches operate Radio
Soleil and Radio Lumiere, respectively. Both served as
important sources of news and commentary during the last months
of the Duval ier regime. Both continue to provide news, and
their commentaries often are critical of the CNG. There is no
indication that the Government has interfered with their
operations .
Foreign publications are freely sold and distributed in Haiti.
Several weeklies produced by Haitians in the United States and
other once-prohibited foreign publications have become freely
available in Haiti since the CNG assumed power. At least one
U.S. -based publication has opened a local office.
On July 31 the CNG issued a comprehensive press decree which
has been the target of intermittent public criticism. It does
not appear, however, to have inhibited the press in any way.
b. Freedom of Peaceful Assembly and Association
The CNG permits freedom of assembly and association. Many
political parties, human rights groups, and other associations
have formed and become active. People have assembled publicly
with little government interference since Duvalier's departure
and have expressed many opinions, some highly critical of the
CNG. The Government has, however, reacted with force when
marches and demonstrations were believed to threaten public
order or safety.
The Ministry of the Interior and National Defense issued
regulations in May requiring groups planning marches to obtain
permits from local police at least 72 hours in advance. Groups
were required to designate marshals and coordinate marchers'
security with the police. These regulations had little
practical effect until early October, when police began
enforcing them and put a stop to several unauthorized
protests. Although the Government has generally allowed groups
to demonstrate, it took forceful action in cases where marches
threatened public order, increasingly so toward the end of
1986. In several instances there were deaths and injuries on
both sides. According to the Government, excessive police and
army use of force generally results from inexperience,
overreaction, provocation, or lack of service discipline. The
Government states that excessive use of force does not reflect
its policy.
Dozens of political groups and parties have emerged since
February 7. A few existed in Haiti under Duvalier but operated
cautiously. Others were formed abroad by exiles and now
function in Haiti. New parties range from paper organizations
to a few which claim large and well-organized memberships.
On July 30, the CNG issued a political parties law guaranteeing
the right of citizens to form political parties, and containing
provisions governing the organization, registration, and
functioning of parties. Reaction to the law has been diverse.
Some politicians said they would comply with the law; others
attacked one or another provision, or rejected it. In spite of
this, the law does not appear to have inhibited political
activity and in fact has served as an additional point for
public debate.
Many human rights, political, and other civic organizations
have been active in Haiti since February 7. As with the
political parties, they range from the ephemeral to relatively
well-organized and sophisticated associations. Some groups
have sponsored public conferences and seminars concerning human
rights and democracy. The League of Former Political Prisoners
organized two conferences in August and September on
constitutionalism and human rights. In October, the
International Institute of Haiti for Research and Development
organized a seminar on the electoral process that featured
election experts from several countries. These conferences and
seminars have been conducted with no government interference.
Trade unionism is in its infancy in Haiti, even though the
Duvalier labor code guaranteed the right of workers to organize
unions and seek international affiliation. Today the leading
union federation in terms of membership in affiliated unions is
the Federation of Union Workers (FOS). By October 1986, 16
legally-registered and 6 unregistered unions were associated
with FOS, which claimed an aggregate membership of 2,800. FOS
is apolitical, concerned with traditional labor-management
issues. It has worked with the International Confederation of
Free Trade Unions (ICFTU). Two other trade union organizations
operated in Haiti in 1986. One is the Autonomous Central of
Haitian Workers (CATH/CLAT) , affiliated with the World
Confederation of Labor. Its membership is estimated at several
hundred. The other organization is an offshoot of CATH/CLAT.
Employer organizations joined to promote their interests with
labor and government in the Alliance of the Private Sector for
Development. Besides retaining the pre-existing labor code,
the CNG issued two decrees bearing directly on labor issues.
One created a mixed commission to establish wages when there is
a labor-management conflict over pay scales. The second
defines the circumstances under which a strike or lockout is
legal .
Although the labor code and these decrees provide a framework
for relations between labor, management, and government,
organized labor's success in negotiations with management has
been limited. In the period immediately after Duvalier 's
departure, there were many wildcat strikes. These strikes
diminished as workers realized their expectations were
sometimes unrealistic; retaliation by employers increased, and
some ceased operations in Haiti. Some labor-management
disputes were resolved or averted through intervention by labor
union officials. Although strikes and walkouts decreased,
disputes continued periodically. Several workers were fired
illegally for legal union activity. In response, FOS in
October appealed for help to ICFTU and the Inter-American
Commission on Human and Trade Union Rights. Other labor
organizations complained to labor and human rights groups
outside Haiti. One typical case involved a worker who attended
a labor training course in Washington sponsored by the American
Institute for Free Labor Development, and was fired for that
reason.
The Haitian Government's real commitment to fostering trade
unionism remains to be demonstrated. Although legal mechanisms
guarantee unions and workers various rights and privileges,
employers wield much influence because unemployment remains
high (estimated in the 50 percent range), resources are few,
and investment is crucial to economic development. The
Government has failed generally to enforce labor laws, often to
the detriment of management as well as workers. For example,
workers at one U.S. -owned plant went on strike following the
firing of a union leader. The government took no legal action
against the workers or the company.
c. Freedom of Religion
Roman Catholicism is the official religion of Haiti and is
embraced to varying degrees by about 75 percent of the
population. Voodoo, a religion combining Christian and African
animist elements, is also practiced by a majority of Haitians.
All other religions are freely practiced by their adherents.
The Government does not interfere with proselytizing,
missionary activities, sects that affiliate with overseas
coreligionists, or religious instruction and publishing.
After Duvalier's departure, elements of the rural population
attacked many voodoo priests, reportedly because of their
"pagan" beliefs and supposed VSN or Duval ier ties. Many were
reported murdered. The Government was not involved in this
activity and in several cases offered protection to those
threatened.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not normally restrict domestic travel of
citizens or foreigners. A sparse network of military
checkpoints operates irregularly across Haiti, and foreigners
and interurban transports are sometimes required to register
before entering some towns. Police enforce this requirement
much less rigorously than during the Duvalier era. There are
no restrictions on persons changing their residences or places
of employment.
Haitians are legally required to obtain passports and exit
visas of limited validity before leaving the country. Reentry
visas, obtained from Haitian consulates abroad, are
theoretically required of those who have been out of Haiti for
a long period; the requirement is not normally enforced.
Travel documents are neither issued nor denied on the basis of
political considerations. Expatriates are free to return to
Haiti, and many regularly do so. The Government encourages
skilled Haitian emigrants to return. Many have done so.
Immigration officials at Port-au-Prince maintain and use a list
of persons to be prevented from leaving or entering the country
for criminal, security or other reasons.
Large numbers of Haitians continue to attempt to leave Haiti
for economic reasons. Their primary destination is the United
States. Pursuant to a 1981 U.S. -Haitian agreement on the
interdiction of undocumented migrants, about 3,000 illegal
migrants were repatriated to Haiti by the U.S. Coast Guard in
1986.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The CNG's stated purpose is to provide a transition to a
democratic government. On June 7 it announced a calendar for
political reform that will culminate in 1988. Intermediate
steps include election of rural councils, an advisory
"consultative council," and a constituent assembly to draft and
present a new constitution for approval in a referendum;
enactment of press and political parties laws; and municipal,
local, legislative, and presidential elections, the last two in
November 1987. The CNG completed all steps on schedule, with
no evident fraud or deception. Elections for rural councils
took place in September. The Consultative Council assumed
office on September 29 after elections earlier in the month.
On October 19, a national election for members of the
Constituent Assembly took place. The Assembly consists of 41
elected members, 1 from each voting district, and 20 members
appointed by the CNG . Prior to the election, the CNG appointed
9 constitutional experts to write a draft constitution as a
point of departure for the assembly. They began work in
mid-October .
These elections did not arouse a great deal of public interest
or participation. Observers attributed this to Haitians'
inexperience with free elections, mass illiteracy, uncertainty
about procedures, distrust of the CNG, and a lack of civic
responsibility and participation by political parties and
pressure groups. The Government did not provide clear
instructions well enough in advance to give voters a good idea
of the significance of and procedures involved in each
election. Rudimentary voting procedures were employed. For
the constituent assembly election, voting assistants helped
illiterate voters indicate their choices, and marked their
hands with indelible ink to prevent multiple voting. Observers
estimate that only 5 to 10 percent of eligible voters actually
cast ballots. Nevertheless, the Government, operating with
little experience, few technical resources, and a cramped
timetable, met its electoral commitments. That it did so in
the face of multiple handicaps impressed many observers.
Politicians did little to encourage voter participation.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In December President Namphy met with the United Nations Human
Rights Commission's Special Rapporteur on Haiti to discuss
human rights developments. In addition, members of the CNG and
other government officials met with representatives of Americas
Watch and the Center for Electoral Promotion and Assistance,
which is affiliated with the Inter-American Institute of Human
Rights. The CNG has agreed to meet with the Organization of
American States' Inter-American Human Rights Commission (lAHRC)
in January 1987 to explore ways the lAHRC can support Haiti's
democratic transition.
The Government has not interfered with Haitian human rights
groups that have formed international connections. For
example, the League of Former Political Prisoners sponsored a
seminar in August with the participation of Amnesty
International and the Academy of Human Rights of Mexico.
In October cabinet ministers participated in a workshop for the
Formation of Promoters of Human Rights. This conference was
sponsored by the Latin American Association for Human Rights
and the National Haitian Commission for Cooperation with
UNESCO, and featured participants from several countries.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The role of women in Haitian society is limited by tradition.
Since 1982, there has been no legal discrimination between the
sexes: women enjoy full rights in education, property, voting,
and such social prerogatives as divorce. Particularly among
peasants, however, women are still confined to the traditional
occupations of marketing, sewing, and housekeeping.
Middle-class women comprise a large proportion of the work
force and dominate secretarial, teaching, and nursing
positions. In recent years, there has been progress in
senior-level employment of women in the private sector.
Greater opportunities are generally available to women in the
government bureaucracy. There have been a few women occupying
second level positions in the ministries in the last several
years, even under the Duval ier regime. Women are well
represented at the mid- and upper-level managerial ranks. A
woman served as the mayor of Port-au-Prince in 1986, and the
CNG has appointed women to several advisory bodies. Women may
serve in the armed forces, however, only as nurses.
CONDITIONS OF LABOR
The labor code mandated a daily minimum wage that in 1986 was
US$3.00 per day in Port-au-Prince and US$2.60 per day in the
rest of Haiti. The minimum age for even limited employment was
12. Fierce adult competition for factory jobs ensures that
child labor is not a factor in the industrial sector. Many
children, however, especially young teenagers, work long hours
in cottage industries for less than the minimum wage.
