Human Rights Report 2005

Supporting Human Rights and Democracy: The U.S. Record 2005 - 2006
Released by the Bureau of Democracy, Human Rights and Labor

• Introduction
• Preface

Report on Haiti

The human rights record of the Interim Government of Haiti remained poor. After Jean Bertrand Aristide resigned as president and departed the country in February 2004, Boniface Alexandre, chief justice of the Supreme Court, assumed office as interim president in accordance with the Constitution. In March 2004, Gerard Latortue was installed as prime minister of the Interim Government upon recommendation from a Council of Eminent Persons to President Alexandre. While civilian authorities generally maintained control of the security forces, there were frequent instances in which elements of the security forces acted independently of government authority. State-orchestrated abuses ceased under the Interim Government. However, there were credible allegations of extrajudicial killings by members of the Haitian National Police, incidences of retribution killings and politically motivated violence, and kidnappings for ransom. Prison conditions remained poor, and prolonged pretrial detention continued to be a problem. 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.

The U.S. human rights and democracy strategy in Haiti focused on providing stability and assisting in the reconstruction of democracy and democratic processes, 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 Interim Government election efforts, reconstructing the criminal justice system, disarming all nongovernmental forces, supporting good governance, assisting human rights organizations and supporting reconciliation, reconstruction, and social reintegration efforts.

In preparation for national and local elections, the United States provided technical assistance, training, and support for elections planning, development of a new electoral law, implementation of a voter roll, and creation of a Provisional Electoral Council (CEP). Efforts by the United States to increase voter awareness and political representation included journalist training and voter and civic education programs through a U.S.-supported community radio network, establishment of a media unit and elections results center within the CEP, support for political party development, support for domestic and international elections observers, and public opinion polling. Party poll monitors from each department and at the national level received training in monitoring the entire electoral process and support to implement an election-day poll watching campaign. An international team of 10 long-term pre-elections observation experts was deployed in five separate departments to assess the adequacy and transparency of the electoral process. Also, civil society organizations with members throughout the country received training and organizational assistance, enabling them to prepare a 5,000-member nation-wide domestic election observation effort.

Numerous high-level delegations visited Haiti to express support for elections, including the Secretary of State and the Under Secretary for Political Affairs. On her September 27 visit, the Secretary of State underscored U.S. support for inclusive and fair elections in Haiti. During her press conference, the Secretary urged Haitians to exercise their right by using the powerful weapon of the vote, noting that "elections can be a very important and precious step along the road to democracy."

The United States sponsored a pre-election presidential debate series that was broadcast twice on National Radio and Television. The debates were covered by both daily newspapers as well as by major and provincial media outlets.

The United States funded journalist training for elections coverage and a network of 40 community radio stations. The Embassy sent 20 attorneys, civil society leaders, judges, journalists, scholars, government officials, and human rights activists to participate in International Visitors Leadership Programs in the United States on judicial reform and human rights, drug demand reduction, anti-corruption, and humanitarian response to disasters and crises.

In honor of Martin Luther King?s birthday, the Embassy issued a press release with translated excerpts of Dr. King?s March 25, 1965 speech, which called for universal participation in elections and engagement in the political process. The Embassy presented its civic education program, "Democracy for All," which emphasized citizens? rights and duties in democracy and elections participation to over 1,000 residents of Cite Soleil, Port-au-Prince?s largest slum. The majority of program graduates decided to register to vote as a result of the program and several declared their candidacies for local office.

Following the departure of President Aristide, the United States initiated a comprehensive administration of justice assistance program with the Government. U.S. assistance to the national police included technical assistance, equipment, training, and human rights 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, improve transparency in the judicial system, and address urgent issues such as high levels of pretrial detention. This project trained more than 800 judges, prosecutors, clerks, and other judicial personnel nationwide. It trained 20 civil society organizations on advocacy and lobbying techniques, preparing them to advocate for the adoption of relevant legislation and measures aimed at improving judicial independence, impartiality, and accountability. The project also sponsored special prison and court hearings as well as legal assistance in order to reduce the backlog of pretrial detainees. During a press conference concluding a U.S.-sponsored human rights training for members of the Haitian Coast Guard, then-Ambassador Foley publicly denounced the poor functioning of the judicial system and the state of pretrial detention, which he termed a violation of detainees? human rights. Then-Ambassador Foley called on the judicial authorities either to charge or release those awaiting judicial determinations in their cases.

In public statements, the Ambassador condemned politically motivated violence, stressing the importance of general respect for the human rights of all citizens. During a December 9 press conference in recognition of International Human Rights Day, then-Charg頤?Affaires Carney renewed U.S. support for Haitians in their efforts to exercise the fundamental human rights guaranteed in the Universal Declaration of Human Rights. Then-Charg頃arney also underscored the importance for Haitians to practice one of the most vital human rights: the right to elect freely their own leader. In conjunction with the press conference, the Charg頰resented certificates to the winners of an Embassy-sponsored essay contest on the subject of democracy, human rights, justice, and national dialogue. The winning eight youths, four each from secondary and university levels, were 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.

The United States supported civil society strengthening and civic education programs. The Civic Forum program provided citizens with knowledge, skills, and encouragement to participate in the democratic process and engage their local officials in areas of common concern. Haitians formed committees that were able to propose solutions that rely on local resources and increase citizen participation. The United States supported a government anti-corruption unit and worked with local organizations that advocated for greater transparency and trained public officials in anti-corruption measures.

Under the Victims of Organized Violence program, the United States partnered with three local NGOs, four local hospitals, and three non-profit international organizations to assist 682 victims of violence and human rights abuses. Grants and training enabled local organizations to provide legal aid as well as medical and psychological assistance to victims of organized violence.

The United States focused on combating child labor practices in Haiti, particularly internal and external trafficking of children as domestic workers or restaveks. The United States funded an anti-trafficking program to shore up government efforts to fight child trafficking and provide services to victims. Haitian officials participated in the anti-trafficking training programs for government officials held around the country during the year.