The human rights observers of the joint OAS/UN International Civilian Mission have been in Haiti since February 1993 with two interruptions brought about by evacuations for security reasons. Our mandate is to monitor and report on the human rights situation, to promote and protect human rights and to contribute to the reinforcement of institutions. The International Civilian Mission has therefore been able to monitor in the field, the evolution of the human rights situation under the de facto regimes of the period of the coup d'état and under the constitutional government.

The human rights situation under the military who dominated all the institutions was characterized by widespread and systematic human rights abuses - extrajudicial executions, torture or other forms of cruel, inhuman or degrading treatment; the use of rape as a tool of political repression and terror; forcible disappearances, illegal arrests and detentions; and restrictions on the freedoms of expression and assembly.

These abuses were carried out by the security agents of the state - the police and the army and those to whom they gave impunity, the attachés (armed civilian thugs) and later on the members of the para-military group, FRAPH. These abuses took place in the absence of judicial system with the will to scrutinize and condemn them.

The return of President Aristide in October 1994 has brought about and also facilitated a number of structural changes which have had a positive impact on the human rights situation.

The return to constitutional government has brought about the re-assertion of civilian authority and ended the subordination of key institutions to the military;

The disbanding of the army and the consequent neutralizing of the attaches and the para-military groups have dismantled the repressive network responsible for widespread human right abuses during the coup d'état period;

Institutional reforms, in particular the training and deployment of the new civilian professional Haitian National Police, improvements to the administration of justice and to prisons in the framework of judicial and penal reforms.

These structural changes and institutional reforms carried out with the assistance of the international community have been accompanied by the clear determination of the government to improve the quality and the performance of judicial officials and to supervise the conduct of the new security agents (code of conduct, inspectorate for the Haitian National Police, applications of sanctions in cases of misconduct) , whose activities impinge directly on the respect or lack thereof for human rights.

The outcome of all these elements has been considerable improvement in the human rights situations. Widespread and systematic abuses are no longer the rule. The freedoms of expression and of assembly are now exercised by different sectors of Haitian society, including by those critical of the policies of the President and his government. Time limits on legal procedures are more frequently respected as well as legal and constitutional guaranties. The treatment of prisoners and, to a lesser extent, the conditions of detention have improved with the establishment of a new cadre of trained correction officers. President Aristide's constant calls for reconciliation have without doubt played an important role in limiting incidents of vengeance and contributed to a more relaxed atmosphere and a feeling of security in the country. Attempts have been initiated to deal with the legacy of human rights violations - the establishment of a Truth and Justice Commission as well as trials of perpetrators. It should also be emphasized that Haitians have voted three times over the past four months in a secure and largely non-violent climate.

A great deal of ground has been covered over the past eleven months. A clear sign of these improvements is the dramatic decrease in the number of complaints brought to the attention of the International Civilian Mission. However, a lot more remains to be done, and there are concerns. We are concerned by acts of summary "Justice" carried out by the population, though there has been a sharp decrease of late. Also of concern is the series of some 20 cases of killings by unidentified individuals, most of them "Commando style", recorded since the beginning of the year, where robbery did not appear to be the motive and the victims were targeted. The reasons for these killings remain unknown.

The Mission has not been able to identify any set of elements which would link these crimes together or to agents of the state. Some reports of ill-treatment of detainees and abuses of power by agents of the state have been brought to the attention of the International Civilian Mission. Procedural irregularities with regard to arrest and detention continue to endanger the respect for human rights and due process. The International Civilian Mission has repeatedly urged the government to develop its criminal investigation capacity to bring an end to impunity which has been traditional in Haiti.

The challenge of the coming months will be to build on the steps already taken. Improving human rights means not only reducing human rights violations but also creating and strengthening structures and mechanisms to prevent their recurrence in the long term. The non-governmental community, through vigilance and participation, has a crucial role to play in the creation of a rights-respecting society. The government must pursue the reforms of the institutions which have a direct bearing on the protection of human rights, (justice, prisons and police). Strengthening the mechanisms of accountability will send a clear message that the state will not tolerate human rights violations. The already considerable improvement in the human rights situation must be continued. The government has already shown it has the political will to act in this domain.