Country Report on Human Rights Practices for 1988
HAITI
Haiti was ruled by four different governments in 1988, none of
which came to power through a credible democratic process.
The year began under the National Council of Government (CNG)
,
headed by Lieutenant General Henri Namphy, which assumed power
upon the overthrow of dictator Jean-Claude Duvalier in
February 1986, and was to rule as a provisional government
until presidential elections could be held. After the
violence-aborted elections of November 29, 1987, a second
election, in which participation was very low, was held under
military supervision on January 17, 1988, resulting in the
election of Leslie Manigat. This election was widely believed
to have been manipulated by the military. Manigat was
installed as President on February 7. Four months later, on
June 20, Manigat was ousted by the military when he attempted
to force through various retirements and transfers of senior
officers. Namphy resumed power, ignored the Constitution,
dissolved the legislature, and established a military
government. In early September, thugs who were widely assumed
to have been acting for the Namphy Government, attacked
several churches, radio stations, and political party
headquarters. In part as a response to these attacks, on
September 17 noncommissioned officers and soldiers of the
Presidential Guard led a coup against President Namphy and
asked Lieutenant General Prosper Avril to replace him.
The Forces Armees d'Haiti (FAD'H) constitutes the state
security apparatus. Politically motivated groups of hired
thugs, acting at the behest of unidentified persons, were
responsible for several unexplained killings, and occasional
mob violence in Haiti in 1988. Additionally, remnants of the
disbanded national militia, the National Security Volunteers
(VSN) , popularly known as Ton Ton Macoutes, disrupted public
order frequently in 1988. The VSN was originally formed by
President-f or-Life Francois (Papa Doc) Duvalier. Its remnants
have often attached themselves to figures of authoritarian
bent. The Macoutes themselves were the targets of "popular
justice" killings immediately following the September 17 coup
d'etat which toppled the Namphy Government.
Haiti is the poorest country in the Western Hemisphere and the
most densely populated. Its faltering economy continues to
burden all other aspects of life. There is a great disparity
between the income levels of the upper and lower classes, and
urban slums in Haiti are widely viewed to be among the worst
in the world. The withdrawal of foreign aid after the aborted
elections of November 1987 further damaged the economy and
encouraged the continuation of the contraband trade, mostly in
basic commodities such as rice, wheat flour, and sugar.
The first three governments which held power in Haiti in 1988
(from January 1 to September 17) failed to defend effectively
the human rights of the populace from attacks by
extragovernmental organizations. In many instances, the
Government instigated or tolerated these actions, and in
others there was strong suspicion that acts of violence were
committed directly by the Government or its officials.
Politically motivated killings, mistreatment of prisoners, and
arbitrary arrests and detention took place in Haiti before the
coup which unseated the Namphy Government. Freedom of speech
and of the press, of association, and of movement were, in
general, not directly restricted by the governments in power
during the year. Nonetheless, before the September 17 coup,
bands of thugs attacked people and institutions with the
apparent purpose of preventing the exercise of basic rights.
These attacks were often perpetrated with at least the
acquiescence, if not the approval, of the Government.
Early actions in the human rights area taken by the Avril
Government were positive. Avril removed many corrupt,
abusive, or otherwise undesired officers from the military,
appointed a mostly civilian cabinet, and declared his
intention to resume the transition to democracy and to
establish a permanent electoral commission which would set
forth procedures, establish timetables, and monitor new
elections at both the local and national levels.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
Currently available evidence is insufficient to demonstrate
conclusively that any of the four governments of 1988 took
direct part in any political killings. However, the National
Council of Government (CNG) and the Namphy Government, as well
as individual government officials, were widely viewed as
tolerant of such killings and possibly implicated in them.
What is clear is that the first three governments failed to
protect the populace from politically motivated killings or to
investigate and prosecute effectively those responsible for
the killings which did take place.
In July human rights attorney and activist Lafontant Joseph
was murdered by unknown assailants. The Namphy Government
announced the formation of a committee of inquiry, but no
results were ever made public.
In August four young people, members of a local youth group,
were killed in the rural village of Labadie by four gunmen who
opened fire on a public gathering of this youth organization
which allegedly had a political orientation. Some witnesses
contended that the gunmen were dressed partially in military
uniforms. The local government official, termed the Section
Chief, was widely accused of having instigated the killings on
political grounds. A commission formed by the Namphy
Government briefly investigated the killings, but again no
results were ever made public. After the September 17 coup,
this Section Chief's house was sacked and burned by
townspeople in an apparent reprisal for the killings. He went
into hiding.
On September 11, a group of approximately 50 thugs armed with
handguns, machetes, and truncheons attacked the Catholic
church of St. Jean Bosco in downtown Port-Au-Prince, killing
11 people, injuring more than 70, and burning down the
church. The then mayor of Port-Au-Prince, Franck Remain, and
the Namphy Government itself were thought by many to have been
behind this incident. Others contended that the Government
condoned the attack. The Namphy Government announced a
commission of inquiry. No results were ever made public, and
the Namphy Government was brought down in a coup d'etat 1 week
after the attack on the church. After the coup, several
persons were immediately identified by the public as the
attackers of the church. They were killed by crowds in acts
of uncontrolled public revenge. Such acts by the populace
against those accused of participating in the September
attacks, and against others accused of being former Macoutes,
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have diminished since the early days following the coup.
Romain sought political asylum in the Embassy of the Dominican
Republic in Port-Au-Prince, where he remained at year's end.
The Avril Government undertook an extensive housecleaning of
the military and police, retiring or removing more than 100
officers who were beyond retirement age or regarded as being
corrupt, abusive, or otherwise unsuitable.
The Avril Government released previously confidential
investigative reports on the election violence of November 29,
1987, and on the murder of presidential candidate Eugene
Athis. In response to widespread criticism of the reports,
the Avril Government invited human rights activists, lawyers,
and others to nominate candidates to a new commssion to
reinvestigate the November 1987 election violence. Further, a
warrant for the arrest of a suspect in the killing of Eugene
Athis was issued in December 1988. Additionally, the Avril
Government announced that it had taken into custody four
suspects accused of participation in the 1987 murder of
presidential candidtae Yves Volel.
There were no reports of any political killings perpetrated
by, or with the complicity of the new Government after
September 17, although the "popular justice" killings of the
accused St. Jean Bosco church attackers were not hindered by
the Avril Government. Additionally, there were several
unexplained killings in the months following the September
coup. These killings gave rise to public concerns at the
perceived climate of insecurity. The perpetrators and their
motives remain unclear.
b. Disappearance
There were no reliable reported incidents of disappearances in
Haiti in 1988. None of the governments which held power in
Haiti in 1988 was known to have investigated a report of 50
persons who allegedly disappeared after being taken into
government custody in November 1987. Some human rights groups
believed that these persons were murdered, while other persons
suggested that the entire event was a fabrication. The CNG,
which governed Haiti at the end of 1987 and the beginning of
1988, denied that the Government had ever taken custody of
these persons. No further evidence has yet surfaced.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
The Constitution specifically prohibits physical brutality
during interrogation and provides for the right of the accused
to have a lawyer and witnesses present during the
interrogation process. Evidence indicates that torture did
take place in Haiti in 1988, and that, at least before
September 17, police beatings of prisoners was a common
practice.
Since the accession to power of the Avril Government, one
substantiated case of abuse attributed to Haitian police
authorities has received considerable public attention. This
incident involved the arrest and beating of several innocent
civilians in November during the conduct of an investigation
into the death of a Haitian Air Force soldier and his wife.
The new Chief of Police, who had issued a public statement on
October 3 promising to professionalize the police force and
prevent such abuses, immediately offered a public apology for
the incident and promised to discipline the police agents
involved.
In 1988 in five well-documented cases, examples of cruel
treatment were noted. In March reliable eyewitnesses saw
police in the coastal town of Cabaret kicking prisoners and
beating them repeatedly with the butts of their rifles in
front of the police station as they transferred them from a
police vehicle into the station.
In April two American citizens held by Haitian police were
observed with severe bruises. The prisoners contended that
these bruises were the result of having been beaten by prison
guards using night sticks several times a day for several
days
.
In July an army officer arrested a man who supposedly owed him
money. The man was taken to an army barracks where he died
after being beaten on the orders of the arresting officer.
The officer was arrested, and court martial proceedings were
initiated. The officer was subsequently discharged from
military service, but no criminal charges were brought against
him.
In August nine persons were arrested in the Central Department
and detained at the Departmental Capital at Hinche. It was
widely reported that eight of the arrestees were severely
beaten by police. A local human rights group stated that it
had documented the abuses by medical examinations.
Soldiers arrested by the Avril Government in October in
connection with the alleged planning of another military coup
were reportedly beaten in the course of being subdued.
Complaints were frequent about physical abuse by rural Section
Chiefs and some other local officials. Often the sole
government representative in remote areas, the Section Chiefs
act as a police authority and wields considerable power. The
Avril Government removed a number of these officials from
office and, in December, issued a decree stating that the
position of Section Chief, once an appointed official, would
become an elected office.
Prison conditions are generally poor, and prisoners are likely
to encounter limited hygienic facilities, inadequate food and
health care, and ill-treatment by prison staff. The Avril
Government ordered the closing of Fort Dimanche, a detention
facility which had frequently been used by the Duvalier
authorities and around which a cruel reputation had
developed. Recherches Criminelles, another notorious
detention center and the headquarters of many of the irregular
"detectives" of the Duvalier era, was made into a purely
investigative police facility.
d. Arbitrary Arrest, Detention, or Exile
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 other cases, the person arrested must be brought before a
judge within 48 hours to determine the legality of his
detention. If the judge determines that a legal basis for the
arrest exists, the person may be detained for further legal
process; otherwise, he must be released. In practice.
weaknesses in the judicial system frequently lead to lengthy
pretrial detention.
Haitian law requires that a suspect be formally charged at
least 2 weeks before trial. By law, the accused is permitted
to meet with an attorney immediately before trial, although
defendants are sometimes able to meet informally with counsel
shortly after arrest. There is no public defender or system
of bail in Haiti. However, judges may, and sometimes do,
grant provisional liberty to a prisoner. Civilian cases may
be brought before a jury, and, in the case of military
personnel, before a court-martial.
There were a number of arbitrary arrests in 1988. In January
political leader and former presidential candidate Louis
Dejoie was arrested on arrival at Port-Au-Prince International
Airport on his return from a trip to Puerto Rico where he had
been critical of the recent presidential elections. He was
held in prison for 2 days, then released unconditionally
without being charged. In a similar occurrence. Dr. Louis
Roy, a member of the 1987 Constituent Assembly, was detained
at the airport on his return from abroad, apparently on police
orders, but was released after a few hours with no legal
action being taken against him.
In March four people were arrested on suspicion of illegal
weapons possession. They were detained by the Haitian
judicial system for more than 5 months without charges ever
being brought. In another case in March, the Haitian
Government detained four American citizens who were
apprehended in the course of a shootout with members of the
military. The Government of Haiti, despite its obligations
under international law and practice, failed to inform the
U.S. Embassy of their detention. After holding them in prison
for several weeks, the Government released and deported them
without ever formally charging them.
Journalist and political leader Paul Constant, was jailed on
October 1 and accused of possessing hidden weapons. He was
freed 10 days later. Several persons arrested on suspicion of
involvement in the September 11 attack on St. Jean Bosco
church or in the November 29 election violence were detained
on September 30. The status of judicial proceedings against
them is unknown.
The soldiers who were arrested on October 15 and accused of
participating in a destabi lization effort against the
Government were held without formal charges until mid-December
when an investigative commission submitted its report in their
case. The report concluded that some of those accused had
plotted against the Government and others had been misled by
the plotters into thinking that they were stopping a coup
attempt. All of the active-duty soldiers were released from
prison before the end of December and discharged from the
military. Of the accused plotters, only ex-colonel Samuel
Jeremie remains in prison where he continues to serve out a
sentence on a previous, unrelated murder conviction.
The Constitution prohibits deportation or forced exile of
Haitian citizens. Nonetheless, ex-Presidents Manigat and
Namphy were both exiled when deposed from office. Returning
exiles have 2 years in which to renounce foreign nationality
and regain Haitian nationality. Three recognized political
figures exiled under previous governments were permitted to
return to Haiti under the Avril Government.
In August a Canadian priest was summarily expelled from Haiti,
without legal recourse, after reportedly having refused to
participate in a rally in support of President Namphy and
having criticized the Government. The Avril Government
rescinded the order expelling the priest.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Constitution provides for the right to a fair public
trial, but weaknesses in the judicial system sometimes deny
this right in practice. Misunderstanding, illiteracy, and a
fear bred of 30 years of dictatorship cause many Haitians to
ignore summons for jury duty.
Arraignments and trials are held in public and often receive
extensive media coverage. Defendants have the right to be
present and to be represented by a lawyer. The judicial
system allows the Government broad leeway in the prosecution
of cases. Public trials under the existing system are not
generally denied, but weaknesses in the system, such as
lengthy delays and outside influence on judges and other
judicial officials, can effectively limit the accused person's
exercise of his right to a fair trial.
As of December 25, 1988, there were no political prisoners
known to be held by the Government.
Many persons publicly accused of crimes are subjected to
extralegal summary public justice, a traditional means of
punishing criminals which is prevalent in remote areas of the
country and in cases of great notoriety. After the September
17 coup, several persons suspected of having participated in
the various atrocities of the week of September 11 were killed
by crowds and their bodies burned. The nascent Avril
Government did not interfere in the exercise of this vigilante
justice in the immediate aftermath of the September 17 coup,
but after several days attempted to curtail such activities.
A "people's court," which continued to operate some weeks
after the coup, provoked the Ministry of Justice to order its
dissolution, and government troops enforced the order.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
During 1988, there were instances in which government troops
invaded private homes, ostensibly in search of arms, and
sometimes robbed or ransacked the premises. In response to
these incidents, the Avril Government instituted procedures
whereby searches were put under tighter controls.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of expression for all citizens is provided for by the
Constitution. There are several privately owned daily and
weekly newspapers and radio stations, including influential
stations owned and operated by the Protestant and Catholic
Churches. The Government operates the L'Union newspaper.
Radio Nationale, and a television station. A privately owned
cable television system also operates independently. Print
and broadcast media were frequently critical of the
Government, giving voice to political and civil organizations
across the political spectrum. The government-owned
television and radio stations followed a staunchly
progovernment editorial line. Privately owned radio,
television, and print media operated without censorship.
Although the press and radio continued to operate following
the aborted November 29, 1987, elections, they restrained
their criticisms of the Namphy Government after the June 19-20
coup. Several journalists from independent Radio Cacique and
other stations reported receiving threats by telephone and in
some cases in person. During the week of September 11, Radio
Cacique was attacked three times by thugs who also attacked
Catholic Radio Soleil and the offices of two political parties
and burned down three churches. In that same week,
journalists were threatened by unidentified persons who warned
them against entering certain neighborhoods in Port-Au-Pr ince.
The Namphy Government, which fell the week after these
attacks, took no measures to protect these stations. The
Avril Government sent military guards to protect Radio Cacique
for 3 days after the September 17 coup, and volunteered to pay
half the cost of the damages to the station. Additionally,
the Government formally declared that it would guarantee the
rights of journalists to pursue their work.
Government-run media has continued to follow a mostly
progovernment line under the Avril Government, but private
media freely criticized the Government without official or
self-imposed censorship.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association are provided for
by the Constitution. Political parties and human rights
groups, as well as other private organizations, were very
active in 1988.
However, under Namphy, the Government attempted to institute a
regulation requiring all social, political, or other mass
organizations to have a member of the military present at all
meetings, allegedly to assure public order. Several
organizations contended that it was an attempt by the
Government to infiltrate, monitor, and intimidate them.
Similarly, several groups protesting the arrest of eight
peasants and their leaders in Hinche in August contended that
the arrests were intended by the Government to restrict the
peasants' freedom of assembly.
Soon after the September coup , a coalition of groups proposed
a massive demonstration in downtown Port-Au-Pr ince in support
of the soldiers of the new Government. The Government
persuaded them not to stage the demonstration at that time in
the interest of public order. The demonstration did take
place, without incident, a week later. The Government did not
interfere, and soldiers accompanied the marchers with the
announced intention of protecting them. In addition, several
rallies were held, without government interference, in
September and October in support of popular and controversial
Catholic priest Father Jean Bertrand Aristide. In ensuing
weeks, demonstrations generally took place without government
interference. However, in a few cases the Government did ban
or disperse some demonstrations.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Religion is an integral part of Haitian life and culture and
is practiced widely without interference from the Government.
Roman Catholicism is embraced in varying degrees by about 75
percent of the population. Voodoo, a mixture of African
Animism and Christianity, is also practiced by a majority of
Haitians. Various Protestant denominations and foreign
missionary groups openly proselytize in Haiti. There are no
government restrictions on missionary activities, affiliations
with overseas coreligionists, or religious instruction and
publishing
.
Nonetheless, prior to September 17, the Namphy Government
interfered with Catholic Church activities it deemed political
by expelling a Canadian priest. He was permitted to return on
October 9 by the Avril Government. Namphy "s widely surmised
involvement with, or toleration of, the September church
burning was seen by some to have had religious as well as
political overtones.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government does not normally restrict domestic travel of
citizens or foreigners. An irregular network of military
checkpoints operates across Haiti. Foreigners and interurban
travelers infrequently are asked to register when entering
certain towns. There are no restrictions on persons changing
their residences or place of employment. Every Haitian
citizen is eligible for a passport and generally travel
documents are neither issued nor denied on the basis of
political considerations.
Economic migrants continue to leave Haiti bound for
destinations in more prosperous areas of the Caribbean or the
United States. Pursuant to a 1981 agreement with the
Government of Haiti on the interdiction of undocumented
migrants, approximately 5,000 would be illegal migrants to the
United States were repatriated to Haiti from international
waters by the U.S. Coast Guard. U.S. Immigration and
Naturalization Service officers are embarked on the Coast
Guard vessels to interview potential applicants for political
asylum.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of Haitian citizens to change their government is
embodied in the 1987 Constitution which provides that all male
and female citizens 18 years of age and older have the right
to vote. Voting is not mandatory but is noted in the
Constitution as a citizen's duty. A secret ballot is not
guaranteed. The Constitution provides for a 5-year
presidential term. Women enjoy full political rights but
there are few women at the upper levels of politics and
government
.
The 1987 Constitution provided for regional, national
legislative, and national presidential elections in 1987 under
the supervision of an independent electoral commission None
of the elections organized by the electoral commission ever
took place in 1987 because of various incidents of public
disturbance and violence. After violence caused the
cancellation of the November 29, 1987 presidential elections.
the ruling National Council of Government (CNG) dissolved the
standing electoral commission and nominated a new one with
members of its own choosing.
The new electoral conmiission organized national elections on
January 17, 1988, and local elections on January 31. The
participation in these elections was very low, and the results
were widely viewed as having been manipulated by the military.
Following his accession to power on September 17, General
Avril, accompanied by Sergeant Hebreux (representing the
non-commissioned officers) consulted with a broad spectrum of
organizations, including the major political parties, the
Catholic and Protestant Churches, and labor unions to
ascertain their views on how the Government could best effect
the return to democracy. President Avril called on these
elements and others to submit final comments by December 22 on
a new draft electoral decree which his Government had
circulated. Based on their commentaries. President Avril has
stated that a conference of political and social leaders will
be convened in early January 1989 to work out the details of
the newly proposed Electoral College. He stated that he hopes
to have this body in place by early February so that the
process of moving to new elections can get under way.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Under President Namphy, the Government received visits from
the Organization of American States' (OAS) Inter-American
Human Rights Commission (lAHRC) and a group of international
human rights organizations led by Americas Watch, to Haiti in
1988. Besides government officials, the groups met with
church leaders, labor organizations, human rights
organizations, and in some cases the general public. Both
groups of visitors were granted access to several prisons and
were allowed to interview prisoners, some of whom complained
about the conditions and circumstances of their incarceration.
Several local human rights organizations functioned in Haiti
in 1988. Their activities generally were not obstructed,
although some organization leaders expressed concern during
the Namphy Government because of threats and the murder of
Lafontant Joseph.
Because some persons who had met with the lAHRC were present
in St. Jean Bosco church during the attack on September 11,
the lAHRC accused the Namphy Government of mounting reprisals
against those persons.
President Avril and members of his Government received a
delegation of the International Federation of the Rights of
Man in December. Also in that month the Government issued
decrees putting into force four international human rights
conventions: the U.N. Covenant on Economic, Social, and
Cultural Rights; the U.N. Covenant on Civil and Political
Rights; the Inter-American Convention Against Torture; and the
United Nations Convention on Torture.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Ninety-five percent of Haitians are descendants of African
slaves who gained their independence from France through
revolution in 1804. Most of the rest are Mulatto or of
European or Middle Eastern descent. Under Haitian law, no
distinctions are made with regard to race. Nonetheless, there
are longstanding social and political tensions between blacks
and mulattos which date back to Haiti's revolutionary period.
Haiti has two official languages, French and Creole. All
Haitians speak Creole. French is spoken by only about 20
percent of the population and is primarily limited to the
educated classes. There is no official linguistic
discrimination, but some social class divisions are sometimes
drawn along linguistic lines. Though the overwhelming
majority of text is still in French, written media
increasingly carry articles in Creole. Creole is the
predominant language for radio and television.
The role of women in Haiti is limited by tradition, but there
is no legal discrimination between the sexes. Women enjoy
equal legal rights in education, property, and voting.
Peasant women remain largely in traditional occupations such
as farming, marketing, and domestic tasks. Middle-class women
make up a large proportion of the work force and dominate the
secretarial, nursing, and teaching professions. Men and women
are generally paid equally for equal work.
Section 6 Worker Rights
a. The Right of Association
Workers and employers do not need government authorization to
establish and join organizations; a minimum of 10 members for
the workers' groups and 5 for employers' groups are required.
A group must, however, register with the Ministry of Social
Affairs within 60 days of its establishment. Workers,
including civil servants and public sector employees, are free
to organize unions under the Constitution. Unions are not
controlled or restricted by the Government but they may not
engage in commercial activities or concern themselves with
matters unconnected with the defense of workers' rights.
It is impossible to judge accurately the number of workers who
belong to unions because each federation claims thousands of
unemployed or peasant members. It is estimated that, in
total, there are fewer than 10,000 employed members who belong
to local unions, which usually claim to represent all workers
in individual factories, regardless of each worker's personal
affiliation or loyalty to the union.
There are four major labor federations in Haiti: the
Autonomous Central of Haitian Workers (CATH) , the Federation
of Union Workers (FOS) , the Autonomous Central of Haitian
Workers/Latin American Workers Central (CATH/CLAT) , and the
Independent General Organization of Haitian Workers. All have
open contact with international labor organizations. For
example, FOS is affiliated with the International
Confederation of Free Trade Unions (ICFTU) and with its
affiliate, the Inter-American Regional Organization of
Workers; CATH/CLAT with the Christian Democratic World
Confederation of Labor; and CATH with some Canadian and
European unions. The federations depend largely on outside
sources for their financial support. No Haitian unions are
known to subsist on dues paid by their members.
During the CNG period, the Government's relationship with the
International Labor Organization (ILO) and other international
organizations stagnated; numerous requests by the ILO for
information concerning complaints were not acted upon.
Manigat reopened the dialog with the ILO after he became
President
.
Also under the CNG, in June 1987, CATH was dissolved byadministrative
decree because of alleged illegal political
activities. It was reinstated 1 month later after popular
protests. CATH has operated without government interference
since then.
The ILO is reviewing complaints against the Goverment of Haiti
presented by the CATH, the CLAT, the the World Federation of
Trade Unions (WFTU) , and the ICFTU alleging violations of
freedom of association. The cases cited span the period from
1985 to 1987; the majority of the alleged violations occurred
under the CNG. These include accusations of arbitrary
arrests, illegal administrative dissolution of the CATH, and
antiunion reprisals.
Shortly after taking office. President Avril met with the
leaders of three of the major labor federations and indicated
that his Government seeks to begin a dialog with the major
federations and to revive the tripartite negotiations
(labor/management/government) on the drafting of a new labor
code. Work is currently in progress on this issue. While
some allegations of government and employer interference
persisted into 1988, the Avril Government has pledged itself
to expediting adjudication of alleged abuses. Thus far, it
has followed through on this pledge, as illustrated in the
Comme II Faut cigarette factory dispute cited below.
Chapter VI of the Labor Code recognizes the right to strike,
although it restricts the duration of certain types of
strikes. Strikes are not uncommon, but their legality is
usually contested by the employer.
Following the inauguration of Manigat on February 7, 1988,
there was a spate of strikes, primarily over wage and benefit
issues, in both the private and public sectors. Labor unions
took a more prominent, if somewhat unsuccessful, role in the
strike negotiations, which for the most part involved the
inconclusive intervention of the Ministry of Social Affairs.
In several cases, there were accusations that workers who took
part in union activities were fired. In June, under the
Namphy Government, there was a second series of strikes
involving accusations of antiunion discrimination.
In late November 1988, workers at the Comme II Faut cigarette
factory went on strike over wage and benefit issues. The
company dismissed several of the workers who had organized the
strike. An appeal by FOS to the new Ministry of Social
Affairs resulted in a government order to reinstate the
dismissed workers.
b. The Right to Organize and Bargain Collectively
Haitian labor unions remain weak for social, historical, and
economic reasons. Forbidden under the Duvaliers until 1981,
they were then allowed to operate only within strictly
circumscribed limits. It was not until Jean-Claude Duvalier's
departure that unions were allowed to organize freely.
Union contracts do not yet exist; rather, informal,
unofficial, mostly unwritten agreements, and in some cases.tacit acceptance, allow the presence of unions in plants.
Although unions have become relatively more active in
grievance negotiations, formal management recognition of
unions as bargaining agents is not yet the norm. Even with no
government interference, the relatively new phenomenon of
trade unionism has not developed quickly in Haiti, where
unemployment is estimated to affect 50 percent or more of the
available work force, and where employers still question the
legitimacy of unions, due, in most cases, to the imprecision
of the labor law.
c. Prohibition of Forced or Compulsory Labor
The Haitian labor code prohibits forced or compulsory labor.
There were no charges of forced or compulsory labor in 1988.
d. Minimum Age for Employment of Children
The minimum age for factory employment is 12 years. Fierce
adult competition for jobs ensures that child labor is not a
factor in the industrial sector. In both rural and urban
areas, children often work at odd jobs to help supplement the
family income.
e. Acceptable Conditions of Work
The labor code, revised in 1984, governs individual employment
contracts, protects apprentices and women, and establishes
minimum health and safety standards, particularly for
hazardous occupations. The code sets the normal workday at 8
hours, and the workweek at 48 hours, with 24 hours' rest on
Sunday. The code provides for paid annual leave of at least
15 consecutive working days. Workers may take up to 15 days'
annual sick leave. The current daily minimum wage prescribed
by law is $3.00 in Port-Au-Prince and $2.64 in the rest of the
country. The minimum wage is adequate to support most workers
in Haiti, a country where the majority of the population
subsists on much less.
The Government has not systematically enforced labor laws
regarding wages and minimum safety regulations, but the
industrial sector generally adheres to at least minimum
standards. Many Haitians support themselves by taking such
work as they can find, e.g., domestic service, or street
peddling. Artisans are generally self-employed. For these
marginally employed workers there is virtually no safety net
between them and abject poverty. There are few educational,
health, hygienic, public housing, or other social services
available to the average Haitian, particularly outside of
Port-Au-Prince
