Human Rights Reports

The Report on supporting Human Rights and Democracy 

The U.S. record 2004-2005

The Government of Haiti’s human rights record remained poor. During the year, various actors perpetrated numerous human rights abuses, particularly during the armed revolt and the authority vacuum that followed. The year began with a continuation of the political impasse and violence stemming from controversial results of May 2000 legislative and local elections. The human rights record of the Aristide Government remained poor. There were numerous credible reports of extrajudicial killings by members of the Haitian National Police (HNP). Police officers used excessive, sometimes deadly, force in making arrests or controlling demonstrations and were rarely held accountable for such acts. Attacks on and threats to journalists and political dissenters by members of popular organizations and by supporters of the President’s party, Fanmi Lavalas, increased. Systematic, state-orchestrated abuses stopped under the Interim Government of Haiti (IGOH). Nevertheless, there were credible allegations of HNP involvement in extrajudicial killings during attempts to quell pro-Lavalas incited violence during the fall of 2004. Incidences of retribution killings and politically motivated violence, particularly in the provinces, also resurfaced following Aristide’s departure. Prison conditions remained poor. Legal impunity remained a major problem, and police and judicial officials often failed to respect legal provisions or pursue and prosecute suspected violators. Child abuse, violence and societal discrimination against women, trafficking of children and child domestic labor remained problems. Endemic corruption, a deteriorating judiciary and worsening economic and social conditions exacerbated this situation.

On January 31, President Aristide accepted the Caribbean Community Secretariat’s Prior Action Plan, committing the Government to a number of measures necessary to create a climate of security for elections. Aristide failed to take steps to fully implement the plan, despite numerous assurances that he was committed to its implementation. Opposition political parties and civil society organizations rejected the plan. Moreover, Aristide’s Government continued to condone and sometimes participate in human rights abuses, including violent suppression of legitimate peaceful dissent. Anti-government armed rebels along with members of the former military mounted a major insurgency in early February, ultimately resulting in Aristide’s resignation and departure from Haiti on February 29, 2004. The IGOH was formed and installed on March 17, 2004.

After the departure of President Aristide in February 2004, the U.S. human rights and democracy strategy in Haiti focused on providing stability and assisting in the reconstruction of democracy in Haiti, including respect for the rule of law and for human rights. Given the security and political situation on the ground, the initial focus was on assisting the IGOH election efforts, reconstructing the criminal justice system (including police, judges and prosecutors), disarming all non-governmental forces, supporting good governance, assisting human rights organizations and supporting reconciliation, reconstruction and social reintegration efforts.

In preparation for national and local elections, which are scheduled for the fall of 2005, the United States has provided technical assistance, training and support for elections planning and administration, development of a new electoral law, implementation of a voter roll and creation of a Provisional Electoral Council. Efforts by the United States to increase voter awareness and political representation in Haiti included support for political party development, civic and voter education and political polling programs. Additional efforts are underway to ramp up current election support and provide international election observers and training for domestic partisan and non-partisan poll watchers for upcoming elections.

The Embassy sent 62 Haitians - attorneys, civil society leaders, judges, journalists, scholars, government officials and human rights activists - to attend seminars in the United States on human rights practices and advocacy, campaigns and elections, anti-corruption, responsible media, judicial reform and public administration. To demonstrate the mechanisms of a sustainable democracy to a large audience, the Embassy funded the live Creole-language interpretation of the U.S. presidential debates and assisted several stations in broadcasting the President’s inaugural address live. A radio play based on Martin Luther King’s "Letter from a Birmingham Jail," and focused on his writings on non-violence and civic engagement, was written, produced and distributed throughout the country. The Embassy’s civic education program "Democracy for All" was expanded to include creation of Creole-language radio skits, production of a four-hour televised series of interviews and student-written skits outlining citizen participation in a democracy.

During 2004, the Ambassador promoted the rule of law in Haiti through frequent high-level meetings and public statements. On December 1, 2004, Secretary of State Powell and the Bureau of Western Hemisphere Affairs Assistant Secretary Noriega traveled to Haiti and emphasized to the IGOH the importance of an independent judiciary and police enforcement of court orders, the arrest of criminals with outstanding warrants and the release of those still in detention despite valid release orders. Following the departure of Aristide, the United States initiated a comprehensive, long-term administration of justice assistance program with the Haitian Government. In 2004, U.S. assistance for the HNP included technical assistance, equipment, training and vetting for new recruits. In early 2005, the United States initiated a training program for judges and prosecutors to improve their capacity to investigate and prosecute criminal cases. Throughout 2004, the United States conducted seminars and workshops for more than 40 civil society organizations advocating the rule of law and judicial independence. Among other benefits, this program resulted in the formation of a new federation of bar associations and the creation of an active coalition of civil society organizations promoting judicial reform.

In public statements, the Ambassador constantly condemned politically motivated violence, stressing the importance of general respect for the human rights of all Haitians. During a press conference in recognition of International Human Rights Day on December 10, 2004, the Ambassador issued a call for unity among Haitians in their mission to create a democratic future free from repression. In conjunction with the press conference, the Ambassador presented certificates to the winners of an Embassy-sponsored essay contest on the subject of human rights. The winning eight youths, four each from secondary and university levels were subsequently highlighted on media programs throughout Port-au-Prince in the following months. The Embassy held three book discussions on the topics of non-violence, conflict resolution and the U.S. judicial system. Under the Victims of Organized Violence program in 2005, the United States will partner with four local nongovernmental organizations to assist 550 victims of violence and human rights abuses.

Despite the political crisis that plagued the country in early 2004, combating child labor practices in Haiti, particularly internal and external trafficking of children as domestic workers or "restaveks," remained a U.S. focus. The United States provided funding to the Pan-American Development Foundation to implement an anti-trafficking program to shore up government efforts. Embassy and other U.S. officials participated in the anti-trafficking training programs for government officials held around the country during the year.