The OAS/UN International Civilian Mission in Haiti, known as MICIVIH (its French acronym), was
established in February 1993 at the request of Jean-Bertrand Aristide, Haiti's first democratically-elected president. The acceptance of the mission by the de facto military authorities in Haiti was a
step forward in the international community's efforts to resolve the crisis in Haiti, which erupted with
the overthrow of President Aristide during a bloody coup d'état on 30 September 1991. The mission
is unique insofar as it is the first joint mission of the UN and a regional organization (the OAS); and
in its being created before a political settlement of the crisis had been achieved.
MICIVIH human rights observers were rapidly deployed throughout Haiti from February 1993
in all its nine administrative departments. The initial impact of this deployment did serve to curb
human rights abuses in some regions, as well as providing support to victims and the population at
large. However, following the signing of the Governor's Island Agreement in July 1993 - which
provided for the return of President Aristide - the human rights situation deteriorated. Progress in
implementing a political solution, and measures to protect human rights, were grossly undermined
by the Haitian military. Leaders and members of pro-Aristide popular organizations were targeted
by the Haitian Armed Forces (FADH) and by the newly created paramilitary group the Front
révolutionnaire pour l'avancement et le progrès d'Haiti (FRAPH).
This disquieting trend culminated in the September 1993 assassination of a prominent Aristide
supporter, Antoine Izmery, and the October execution of Justice Minister Guy Malary. It became
increasingly clear that the military would not respect their commitment to allow President Aristide
to return. Political tensions increased and the Governor's Island Agreement began to unravel. De
facto military control of the country, and repression of Aristide supporters, resulted in the widespread
violation of basic human rights. In this context of military violence, and a climate of political tension,
the security of MICIVIH observers became a matter of concern and the mission was evacuated to the
Dominican Republic in mid-October.
In January 1994 the UN and OAS returned a first group of about 30 observers to Haiti. The
observers found the situation to be worse than at any time during the Mission's presence in 1993.
Extrajudicial execution, enforced disappearance, torture and arbitrary arrest had increased, and a new
phenomenon - that of rape as an instrument of political repression - had emerged. Many cases of such
violations were documented by MICIVIH between January and July 1994. The perpetrators included
members of the Haitian Armed Forces (FADH), the police, their civilian auxiliaries and members of
FRAPH.
The limited number of observers, and the restrictions placed upon their activities, impeded the
Mission's capacity to monitor human rights abuses. Nevertheless, the systematic documentation of
violations, and the publication of reports of abuse, did serve to alert the international community to
the severity of the human rights crisis in Haiti, thus creating pressure for the curtailment of military,
police and paramilitary activity. The military response was unambiguous. The FADH withdrew
recognition of the Mission's presence in Haiti; and in July MICIVIH observers were given 48 hours
to leave the country, after the de facto authorities claimed the Mission's mandate had expired and its
presence was "a threat to national security".
Human rights after the return of President Aristide
MICIVIH activities in Haiti resumed on 26 October 1994, some two weeks after the return of
President Aristide, with the reopening of its headquarters and an office in Port-au-Prince. Eleven
further offices were subsequently opened in the nine departments of Haiti and, by September 1995,
some 193 observers were monitoring human rights throughout the country.
Since the restoration of the democratically elected government, and the return of President
Aristide on 12 October 1994, the human rights situation has improved substantially. MICIVIH has
observed that the freedoms of expression, association and assembly are being exercised by different
sectors of the society, including by those who are strongly critical of President Aristide and the
government. The systematic violation of human rights by agents of the state - as had occurred under
the de facto government - has come to an end. Nevertheless, the extreme weakness of institutions
serving to guarantee the civil and political rights of the civilian population - most notably a well-trained police force and an effective judicial system - are serious impediments to the actual and future
protection of human rights.
Monitoring activities - the work of MICIVIH observers
During the current period MICIVIH has continued to give priority to the monitoring and promotion
of respect for human rights. Its observers receive information from numerous sources, direct and
indirect. These include the national press, non-governmental and church organizations and
individual members of the public. Information is also regularly received from the military and police
components of the UN mission in Haiti. All reports of possible human rights abuse are thoroughly
investigated, a task which frequently involves two to three-day trips into remote regions of the
countryside. Such investigations are fully documented and provide the basis for detailed monthly
reports which are submitted to the UN's Special Representative in Haiti and to the Secretary-General
of the Organization of American States. The Mission also issues regular public statements, which
provide MICIVIH's assessment of human rights questions, such as the progress of penal and judicial
reforms, human rights during the electoral process and other matters affecting human rights protection
in Haiti.
Institution-building - MICIVIH's contribution
The work of the Mission has increasingly included a focus upon the strengthening of democratic and
judicial institutions and the process and implementation of penal reform. To this end it has worked
in collaboration with the Haitian Government and international agencies such as the UN Development
Program (UNDP).
MICIVIH observers have a unique experience of the problems afflicting the justice system at
the local level. The mission has conducted in-depth analysis of such problems and has submitted to
the government a number of recommendations for judicial reform. MICIVIH legal experts are
currently assisting in the development of a curriculum for the newly-created Ecole National de la
Magistrature; and working with members of the UNDP in the design of a joint training course for
public prosecutors.
Members of the mission have also worked with the UN Crime Prevention Criminal Justice
Branch and UNDP to develop and implement a project of penal reform which includes the creation
of a prison registration system, the establishment of a penal administration system, the training of
prison guards, the renovation of certain detention centers and the improvement of conditions of
detention.
The Mission actively monitors the work of the newly-created Haitian National Police.
MICIVIH legal experts are currently acting as consultants in the development of human rights
training programs for the new police force, including training on international standards for the use
of force.
MICIVIH and the Commission Nationale de Vérité et Justice
The Commission, a governmental body created by presidential decree in December 1994, and
composed of national and international members, is empowered to "establish the truth about the most
serious human rights violations committed between 29 September 1991 and 15 October 1994 inside
and outside the country". MICIVIH has committed itself to providing technical support to the
Commission throughout its period of operation. During the initial stages of the Commission's life,
MICIVIH provided advice on working methods, budgetary matters, technical consultants and in the
elaboration of a program of work. Assistance has also included technical expertise in the field of
forensic anthropology.
The most important element of MICIVIH support to the Commission concerns the
transmission of documentary evidence of cases of human rights violations committed between
September 1991 and October 1994. By early September 1995 the Commission had requested dossiers
relating to many cases of grave human rights violations and further requests are expected. No such
dossier can be submitted to the Commission without the authorization of the victim or other source
of the reported violation. In August and September MICIVIH observers visited a number of victims
within the Port-au-Prince region in order to obtain this permission. Protection of the confidentiality
of testimony provided by victims and witnesses has also required the preparation of special dossiers
for presentation to the Commission.
MICIVIH and the elections
In November 1994 the OAS and the UN agreed that MICIVIH's responsibilities during the 1995
congressional and local government elections would include a number of activities broadly defined
under the rubric of peace promotion. These included: facilitating freedom of expression and assembly;
monitoring acts of intimidation and of violence during the electoral campaign; and monitoring the
polling and counting process.
Prior to the elections MICIVIH observers also monitored the technical aspects of candidate
and voter registration, visiting registration offices and establishing contact with election officials at
various levels. Technical monitoring of the electoral process was facilitated by the arrival of a small
group of OAS and MICIVIH electoral teams throughout the electoral period provided the basis for
reports submitted, by the OAS Electoral Observation Mission, to the official Conseil Electoral
Provisoire.
MICIVIH made public its own assessment of the human rights aspects of the pre-electoral
process in a press release in early May 1995. It stated that while the registration process was initially
disrupted by protests and some acts of intimidation, there were few serious incidents of violence. A
further press statement was issued on 14 July following the first round of elections on 25 June. It
stated that despite sporadic violence, the elections were relatively free of political violence and there
had been few incidents nationwide which resulted in physical injury. The main problems involved
threats and intimidation, with some polling stations being ransacked or burned along with ballot
papers. Many election officials reported fearing for their safety on polling day. However, threats by
rejected candidates to disrupt the elections were not in the main carried out and some candidates
called upon their supporters to respect the integrity of the electoral process.
The work of the Medical Unit
Between 1993 and 1994 MICIVIH's medical Unit was the only structure in Haiti working to ensure
that the victims of human rights violations received medical attention for problems - whether physical
or psychological - associated with the abuses they had suffered. This objective was in practice
achieved through the creation of a national network of Haitian medical practitioners willing to provide
care to those who had suffered human rights violations. The Unit also produced official documents
certifying that the medical condition of individuals was consistent with their testimony of human
rights abuse.
Since the Mission's return to Haiti in October 1994, the MICIVIH Medical Unit has worked
in collaboration with doctors from the French non-governmental organization, Médecins du Monde
to provide care and reconstructive surgery to victims of human rights violations. The Unit continues
to compile detailed documentation on the medical consequences of such violations for victims and
their families. During mid-1995 the Unit has given priority to the preparation of medical evidence
for submission to the Commission Nationale de Vérité et Justice.
The Unit is also undertaking research on the psychological effects on individuals and their
families of the repression perpetrated during the de facto regime. An analytical assessment of the
research material will be completed and published before February 1996. Members of the Medical
Unit are working with local health professionals and human rights organizations such as Amnesty
International towards the creation of a Haitian Community Clinic for Victims of Trauma, through a
non-profit organization called M'ap viv (I'm alive). Training for the first 50 community therapists
is scheduled to start in September.
Civic Education
MICIVIH has worked closely with non-governmental organizations (NGOs) in Port-au-Prince and
in the provinces to promote knowledge and awareness of international and domestic human rights
law. MICIVIH observers conduct human rights workshops for NGOs and other interested
organizations, as well as attending meetings organized by popular and local organizations at which
human rights issues are discussed. The Mission provides posters and other materials, as requested,
to those organizing civic education seminars. The mission has also participated in human rights
education programs organized by UN agencies and international NGO's, such as UNICEF and the
Martin Luther King Foundation.
The future of MICIVIH
During the forthcoming months, MICIVIH will continue to monitor respect for human rights in all
regions of the country and to document its findings. The Mission will aim to contribute as fully as
possible to the reinforcement of democratic institutions and in particular will monitor the progress and
implementation of judicial and penal reform. Technical assistance in both spheres will be provided
whenever possible. Legal experts within the Mission will provide training for the newly-formed
Haitian National Police on codes of conduct and human rights protection.
MICIVIH will continue to publish statements setting forth its assessment of political and
human rights questions, as part of its commitment to disseminating accurate information and
stimulating public debate about democracy and human rights in Haiti. It will in addition produce
more detailed reports on a number of phenomena which bear directly on civil and political rights and
the safety and security of the civilian population. MICIVIH will continue to develop programs of
human rights education and to respond to requests for support by groups and individuals engaged in
civic education.
MICIVIH's current mandate was renewed on 12 July 1995 by the General Assembly of the
United Nations, after a written request was submitted by President Aristide to the UN Secretary-General. The mandate expires on 7 February 1996. The 50th Session of the UN General Assembly
will consider the possibility of a further extension of MICIVIH's mandate. Such an extension would
permit a continuing contribution to institution building and the strengthening of mechanisms for the
long-term protection of human rights in Haiti, the cornerstones of an enduring democracy.
September 1995