Report to Congress ONE YEAR AFTER DUVALIER GOVERNMENT OF HAITI'S NONCOMPLIANCE WITH THE CONDITIONS FOR FOREIGN ASSISTANCE Volume 3 March 1987 Washington Office on Haiti TABLE OF CONTENTS Page I. Introduction 1 II. Conditions on Economic Support and Development Assistance 4 Special Foreign Assistance Act of 1986 4 Evaluation of the Government of Haiti's Compliance with the 5 Special Foreign Assistance Act of 1986 (1) improving the human rights situation 5 (2) implementing its timetable for completion of a new con- 14 constitution guaranteeing democratic principles (3) establishing a framework for free and open elections 16 including free political parties and association, labor unions, and press (4) cooperating in implementing U.S. economic assistance 21 programs (5) maintaining a system of fiscal accountability 25 (6) investigating alleged human rights abuses and corruption 27 and prosecuting those responsible (7) maintaining a free and independent judiciary system 31 (8) cooperating with the U.S. in halting illegal emigration 33 III. Conditions on Military Assistance 35 Special Foreign Assistance Act of 1986 35 A Problem of Institutional Oppression 36 Evaluation of the Government of Haiti's Compliance with the 39 Special Foreign Assistance Act of 1986 (1) submission of a formal request to the U.S. specifying a 39 plan for the reform and reorganization of the mission, com­ mand, and control structure of the armed forces (2) (A) preventing che involvement of the armed forces in 41 human rights abuses and corruption by removing from the force and prosecuting those responsible (B) ensuring freedom of speech and assembly 43 (C) conducting investigations into the killings in Gonaives, 49 Martissant, and Ft. Dimanche and prosecuting those respon­ sible for those killings and preventing any similar occurrences in the future; (D) providing education and training to the Haitian armed 50 forces with respect to internationally recognized human rights and civil and political rights; (E) taking steps to require former members of the Volunteers 51 for National Security (VSN) to turn in their weapons. IV. Conclusion 53 Washington Office on Haiti 110 maryland Avenue, N.E. Washington, D.C. 20002 (202)543-7095 INTRODUCTION On February 7, 1986 dictator jean-Claude Duvalier was forced to flee Haiti following massive street protests and international pressure. His departure brought to an end twenty-nine years of a brutal dictatorship, which began under Francois Duvalier in 1957. The Duvalier family dictatorship was characterized by terror, mismanagement and corruption. Its legacy is an impoverished and largely illiterate population and a complete lack of democratic tradition and institutions. Duvalier was replaced by the National Council of Government (CNG) , an interim government presided over by Lt. Gen. Henri Namphy. Within days of Duvalier’s departure Namphy declared his government's "absolute respect for human rights, press freedom... free labor unions and the functioning of structured political parties ." In light of the political change in Haiti and Gen. Namphy's early statements, the U.S. Congress committed its support to the CNG. The Reagan administration wholeheartedly endorsed the new government. In its February 25, 1986 report to Congress, the Department of State declared that "The National Governing Council's most radical break with the Duvalier past has come in the areas of human rights and democracy....The CNG has moved quickly to clean up Haiti's severely tarnished human rights record." In its second report to Congress following Duvalier’s departure, the Department of State on October 14, 1986 claimed that "the National Governing Council has continued to implement its early commitments to protect human rights and to promote civil democracy." These favorable Department of State assessments shroud the truth. Blatant human rights violations continue at an alarming frequency and advocates for a democratic transition and respect for human rights have had to maintain vigilant lobbying efforts and grassroots pressure following Duvalier’s departure. In October, 1986 the U.S. Congress passed the "Special Foreign Assistance Act of 1986" (PL 99-529) (hereinafter 'the Act of 1986') which further amends the Foreign Assistance Act of 1961. It includes a number of very specific conditions which are prerequisites for additional economic and military assistance to Haiti and also requires the President to report to Congress every three months whether or not those conditions have been satisfied. 1 On December 29, 1986, the Department of State (under the authority of the President) transmitted to the Congress its report pursuant to the Act of 1986, Section 201, for economic assistance. The report asserts: "The human rights situation in Haiti has improved significantly under the National Governing Council (CNG) ...Haitians can now demonstrate peacefully on any political issue without fear of government reprisal and can organize political parties; the press, radio and television have expanded their operations and criticize the government without restraint; trade unions have begun to operate; the rule of law has begun to apply through a reinvigorated judicial system." The Department of State did acknowledge that "there is room for further human rights improvements", yet concluded that the CNG has "categorically committed itself to the protection of human rights and has put that commitment into practice throughout its tenure." Washington Office on Haiti was encouraged by the passage of detailed conditions in the Act of 1986. However, we are deeply discouraged by the favorable findings in the Department of State's report. We remain unconvinced by the reports' evidence and conclusions. In the year tenure of the CNG a tragic and expanding gap has been created between the publicly stated goals of the CNG in the area of human rights and the implementation of these goals. The CNG has come to be regarded by numerous organizations and individuals in Haiti and the world as "Duvalierism without Duvalier", that is, a m ilitary-civilian structure which has remained intact after Duvalier’s departure and which controls the political process through continued abuses and corruption. The Department of State, nevertheless, continues to support the CNG politically, economically and militarily, as evidenced by its three highly favorable reports and its economic and military assistance since Duvalier’s departure. Such support causes skepticism among various human rights groups as to whether or not the U.S. Embassy in Haiti and the Department of State in Washington have the motivation to monitor and can accurately report on instances of abuse and attacks on human and political freedoms. 2 Washington Office on Haiti has compiled the following report as an assessment of the CNG's human rights record during its year tenure. The cases herein documented reveal that the CNG has not "categorically committed itself to the protection of human rights." The frequent and flagrant cases of abuse, extensive military violence, and infractions of the right to life, personal integrity, freedom of association, freedom of speech, and judicial guarantees clearly demonstrate that the CNG is not in­ compliance with the Special Foreign Assistance Act of 1936. II. CONDITIONS ON ECONOMIC SuPPORT AND DEVELOPMENT ASSISTANCE SPECIAL FOREIGN ASSISTANCE ACT OF 1986 (Section 201(d)) The Special Foreign Assistance Act of 1986 states that funds may be obligated for assistance for Haiti (under Chapter 4 of the Foreign Assistance Act of 1961) only if the President, in a report to Congress, determines that the interim Government of Haiti- (1) is improving the human rights situation in Haiti; (2) is implementing its timetable for completion of a new consti­ tution that promotes genuine democratic reforms and guarantees the fundamental principles of democracy; (3) is establishing a framework for free and open elections leading to a democratically-elected civilian government, which would include free and functioning political parties and associations, free labor unions, and freedom of the press; (4) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); (5) is maintaining a system of fiscal accountability to ensure that all resources allocated to the development of Haiti are used in the most effective and efficient manner; (6) is continuing its investigation of alleged human rights abuses and corruption by the Duvalier government and is prosecuting, in accordance with due process, those responsible for human rights abuses and corruption; (7) is maintaining a free and independent judiciary system; and (8) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti. 4 EVALuATION OF THE GOVERNMENT OF HAITI'S COMPLIANCE WITH THE SPECIAL FOREIGN ASSISTANCE ACT FOR ECONOMIC AND DEVELOPMENT ASSISTANCE LAW Funds may be obligated for assistance for Haiti only if the President determines that the interim Government of Haiti is (1) improving the human rights situation in Haiti: FACTS In the year tenure of the CNG there has not been a significant improvement in respect for human rights. Various human rights organizations, both in Haiti and the world, as well as public statements by civic organizations and the Church in Haiti, regularly express concern and outrage over a lack of substantial human rights improvements since Duvalier’s departure. Fundamental structural