Haiti: International force of national compromise?

Journal of Latin American Studies

Volumn 31, Issue 3, 1999, Pages 711-734

  Martin, Ian ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

CONFLICT MANAGEMENT; POLITICAL CONFLICT;

HAITI;

EID: 0032734257     PISSN: 0022216X     EISSN: None     Source Type: Journal    
DOI: 10.1017/S0022216X99005398     Document Type: Article

References (44)

1. The author was Director for Human Rights/Deputy Executive Director of the UN/OAS International Civilian Mission in Haiti (ICM), 1993 and 1994-5, He is currently the Special Representative of the UN Secretary General in East Timor and Director of the UN Mission in East Timor (UNAMET). The views expressed in this paper are solely those of the author: they do not represent the official views of the United Nations.
2. Les Nations Unies et Haïti, 1990-1996, UN Blue Books Series, Vol. XI (New York, 1996), Introduction by Secretary-General Boutros Boutros-Ghali, para. 7.
3. On the creation of the Haitian gendarmerie or Garde, and human rights violations under the American Occupation, see Michel-Rolph Trouillot, Haiti: State Against Nation (New York, 1990), p. 104-8: ... the Haitian Garde was specifically created to fight against other Haitians ... like the army it was to sire, [it] has indeed never fought anyone but Haitians, Its most important campaign was its participation alongside the Marines in the wat against the peasant nationalists ... , when Marines and Garde killed at least 6,000 peasants. Another 5,500 cultivators died in the forced labour camps that the Garde ran for the occupiers.
4. Americas Watch/National Coalition for Haitian Refugees, Press Release, 22 October 1993.
5. See Lawyers Committee for Human Rights, Haiti: A Human Rights Nightmare (New York, 1992); Americas Watch/National Coalition for Haitian Refugees, Silencing a People: The Destruction of Civil Society in Haiti (New York, 1993); Organisation of American States, Report on the Situation of Human Rights in Haiti, OEA/Ser.L/V/11.83, Doc. 18, 9 March 1993.
6. See Lawyers Committee for Human Rights, Haiti: A Human Rights Nightmare (New York, 1992); Americas Watch/National Coalition for Haitian Refugees, Silencing a People: The Destruction of Civil Society in Haiti (New York, 1993); Organisation of American States, Report on the Situation of Human Rights in Haiti, OEA/Ser.L/V/11.83, Doc. 18, 9 March 1993.
7. See Lawyers Committee for Human Rights, Haiti: A Human Rights Nightmare (New York, 1992); Americas Watch/National Coalition for Haitian Refugees, Silencing a People: The Destruction of Civil Society in Haiti (New York, 1993); Organisation of American States, Report on the Situation of Human Rights in Haiti, OEA/Ser.L/V/11.83, Doc. 18, 9 March 1993.
8. Les Nations Unies et Haïti, Introduction, paras 128-9.
9. Aristide's letter is reproduced in Document 46, and the Terms of Reference of the ICM as Document 43, in Les Nations Unies et Haïti. For an account of the negotiations over the Terms of Reference and the launching of the UN/OAS ICM, see Les Nations Unies et Haïti, Introduction, paras. 136-45 and related Documents; and Ian Martin, 'Paper versus Steel: The First Phase of the International Civilian Mission in Haiti', in Alice Henkin (ed.), Honoring liftman Rights and Keeping the peace, Aspen Institute (Aspen, 1998).
10. Aristide's letter is reproduced in Document 46, and the Terms of Reference of the ICM as Document 43, in Les Nations Unies et Haïti. For an account of the negotiations over the Terms of Reference and the launching of the UN/OAS ICM, see Les Nations Unies et Haïti, Introduction, paras. 136-45 and related Documents; and Ian Martin, 'Paper versus Steel: The First Phase of the International Civilian Mission in Haiti', in Alice Henkin (ed.), Honoring liftman Rights and Keeping the peace, Aspen Institute (Aspen, 1998).
11. Aristide's letter is reproduced in Document 46, and the Terms of Reference of the ICM as Document 43, in Les Nations Unies et Haïti. For an account of the negotiations over the Terms of Reference and the launching of the UN/OAS ICM, see Les Nations Unies et Haïti, Introduction, paras. 136-45 and related Documents; and Ian Martin, 'Paper versus Steel: The First Phase of the International Civilian Mission in Haiti', in Alice Henkin (ed.), Honoring liftman Rights and Keeping the peace, Aspen Institute (Aspen, 1998).
12. The experts' report is reproduced as Annex III of Document 46 in Les Nations Unies et Haïti.
13. Afistide's position is set out in a document submitted by him to Caputo on 3 March 1993, Document 44 in Les Nations Unies et Haïti; and the UN's in a letter of 4 March 1993 from Secretary-General Boutros-Ghali to the Friends of Haiti (Canada, France, USA and Venezuela), Document 45.
14. See Howard French, 'Offer of amnesty removes obstacle to accord in Haiti', New York Times, 14 April 1993; and 'Haiti army spurns offer of amnesty', New York Times, 17 April 1993.
15. See Howard French, 'Offer of amnesty removes obstacle to accord in Haiti', New York Times, 14 April 1993; and 'Haiti army spurns offer of amnesty', New York Times, 17 April 1993.
16. For accounts of this stage of the negotiations, see Les Nations Unies et Haïti, Introduction, paras. 146-91; Martin, 'Paper versus Steel', p. 104-6; and Ian Martin, 'Haiti: Mangled Multilateralism', in Foreign Policy, No. 95 (Summer 1994), p. 76-9.
17. For accounts of this stage of the negotiations, see Les Nations Unies et Haïti, Introduction, paras. 146-91; Martin, 'Paper versus Steel', p. 104-6; and Ian Martin, 'Haiti: Mangled Multilateralism', in Foreign Policy, No. 95 (Summer 1994), p. 76-9.
18. For accounts of this stage of the negotiations, see Les Nations Unies et Haïti, Introduction, paras. 146-91; Martin, 'Paper versus Steel', p. 104-6; and Ian Martin, 'Haiti: Mangled Multilateralism', in Foreign Policy, No. 95 (Summer 1994), p. 76-9.
19. See the report of the ICM on the human rights situation from 9 Feb. to 31 May 1993, Document 62 in Les Nations Unies et Haïti.
20. The Governors Island Agreement is reproduced in Document 70 in Les Nations Unies et Haïti. See also Secretary-General Boutros-Ghali's comments in his Introduction, paras. 192-205.
21. Document 70 in Les Nations Unies et Haïti, para. II.
22. The New York Pact is in Document 74 in Les Nations Unies et Haïti.
23. The text was as drafted by the Minister of justice, but it had been delayed by a dispute over the text between Aristide and his recently-appointed Council of Ministers in Portau-Prince: see the account of the then Prime Minister, Robert Malval, in his L'Année de toutes les Duperies (Portau-Prince, 1996), p. 247-51, where he reproduces the text proposed by Aristide, Aristide's text would have specified the exclusion of 'the principal authors of crimes against humanity' from the amnesty, and this would have come into effect only when the President returned to Haiti.
24. For an account of this phase of the negotiations, see Les Nations Unies and Haïti, Introduction, paras. 234-75. See also Malval, L'Année de Toutes les Duperies.
25. For an account of this phase of the negotiations, see Les Nations Unies and Haïti, Introduction, paras. 234-75. See also Malval, L'Année de Toutes les Duperies.
26. See report of the ICM covering the period 31 Jan. to 30 June 1994, Document 90 in Les Nations Unies et Haïti.
27. Susan Benesch, 'Embassy had disputed human rights reports', Miami Herald, 8 May 1994; Murray Kempton, 'Blindness in Haiti', New York Review of Books, 9 June 1994. The Administration later apologised publicly for the criticisms of the ICM.
28. Susan Benesch, 'Embassy had disputed human rights reports', Miami Herald, 8 May 1994; Murray Kempton, 'Blindness in Haiti', New York Review of Books, 9 June 1994. The Administration later apologised publicly for the criticisms of the ICM.
29. S/RES/940 (1994), 31 July 1994, Document 137 in Les Nations Unies et Haïti.
30. Letter of 29 July 1994 from Aristide to Secretary-General Boutros-Ghali, Les Nations Unies et Haïti, Document 135 ; and letter from the Permanent Representative of Haiti to the President of the Security Council, 30 July 1904, Document 136.
31. On the role of the Friends, and of the UN Security Council in general, see David Malone, 'Haiti and the International Community: A Case Study', in Survival, vol. 39, no. 2 (Summer 1997).
32. See Michael Kelly, 'Letter from Washington: It all co-depends', The New Yorker, 3 Oct. 1994, p. 85-6.
33. Ibid., p. 80-1.
34. Andrew Downie, 'US accused of flip-flop on Haiti', Reuter/Washington Times, 15 July 1994.
35. For the later work of the ICM, see Colin Granderson, 'Institutionalising Peace: The Haiti Experience', in Alice Henkin (ed.), Honoring Human Rights: From Peace to Justice, Aspen Institute (Aspen, 1998); and Colin Granderson, 'Military-Humanitarian Ambiguities in Haiti', in Jonathan Moore (ed.), Hard Choices: Mural Dilemmas in Humanitarian Intervention (Lanham, Md., 1998).
36. For the later work of the ICM, see Colin Granderson, 'Institutionalising Peace: The Haiti Experience', in Alice Henkin (ed.), Honoring Human Rights: From Peace to Justice, Aspen Institute (Aspen, 1998); and Colin Granderson, 'Military-Humanitarian Ambiguities in Haiti', in Jonathan Moore (ed.), Hard Choices: Mural Dilemmas in Humanitarian Intervention (Lanham, Md., 1998).
37. For an English translation of the French text, see William O'Neill, 'Human Rights Monitoring vs. Political Expediency: the Experience of the OAS/UN Mission in Haiti, in Harvard Human Rights Journal, vol. 8 (Spring 1995), p. 123: [T]he right to amnesty granted to the President by the Constitution only applies to political matters, that is to say in all cases of crimes and misdemeanors against the state, internal and external security, crimes and misdemeanors affecting public order and accessory crimes and misdemeanors as defined by the Penal Code. On the interpretation of the amnesty law, see Michael P. Scharf, 'Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?', in Texas International Law Journal, vol. 31, no. I (Winter 1996): he cites one legislator quoted as saying: 'We approved the amnesty that Jean-Bertrand Aristide presented. Go ask President Aristide if the text he sent down is restrictive or broad', p. 16.
38. For an English translation of the French text, see William O'Neill, 'Human Rights Monitoring vs. Political Expediency: the Experience of the OAS/UN Mission in Haiti, in Harvard Human Rights Journal, vol. 8 (Spring 1995), p. 123: [T]he right to amnesty granted to the President by the Constitution only applies to political matters, that is to say in all cases of crimes and misdemeanors against the state, internal and external security, crimes and misdemeanors affecting public order and accessory crimes and misdemeanors as defined by the Penal Code. On the interpretation of the amnesty law, see Michael P. Scharf, 'Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?', in Texas International Law Journal, vol. 31, no. I (Winter 1996): he cites one legislator quoted as saying: 'We approved the amnesty that Jean-Bertrand Aristide presented. Go ask President Aristide if the text he sent down is restrictive or broad', p. 16.
39. For further analysis of the experience of the ICM and its interplay with the political situation in 1993-4, see Martin, 'Haiti: Mangled Multilateralism', and 'Paper versus Steel'; O'Neill, 'Human Rights Monitoring vs. Political Expediency'; and Lawyers Committee for Human Rights, Haiti: Learning the Hard Way (New York, 1995).
40. For further analysis of the experience of the ICM and its interplay with the political situation in 1993-4, see Martin, 'Haiti: Mangled Multilateralism', and 'Paper versus Steel'; O'Neill, 'Human Rights Monitoring vs. Political Expediency'; and Lawyers Committee for Human Rights, Haiti: Learning the Hard Way (New York, 1995).
41. For further analysis of the experience of the ICM and its interplay with the political situation in 1993-4, see Martin, 'Haiti: Mangled Multilateralism', and 'Paper versus Steel'; O'Neill, 'Human Rights Monitoring vs. Political Expediency'; and Lawyers Committee for Human Rights, Haiti: Learning the Hard Way (New York, 1995).
42. See Lawyers Committee for Human Rights, Haiti: Learning the Hard Way, p, 142.
43. Ibid., p. 145.
44. Ibid., p. 145-6.