The U.S. Congressional Human Rights Caucus and the Stanley Foundation sponsored a congressional meeting on October 12, 1995 to discuss the changes in the human rights situation in Haiti. Ambassador Colin Granderson, Executive Director of the MICIVIH, was invited to speak on the Mission's role and findings. The speech marked the one year anniversary of the return of Haiti's first democratically elected president, Jean-Bertrand Aristide, to office.

I am honoured to be here this morning to speak about Haiti's progress toward democracy one year after the return of President Aristide. I would like to thank the Stanley Foundation and the Congressional Human Rights Caucus for giving me this opportunity.

In order to better take stock of where Haiti is today let us look back to where it was little more than a year ago. What would this snapshot show? A country where the human rights situation had become a veritable nightmare, characterized by systematic and wide- spread human rights abuse - extrajudicial execution, forcible dis- appearance, the use of rape as a tool of political repression, torture and other forms of cruel, inhuman or degrading treatment, illegal and arbitrary arrest and detention, curtailment of the freedoms of expression and assembly, and forced internal displacement.

These acts were perpetrated by state secu- rity agents - police, army and chefs de section and others protected by a cloak of impunity - armed civilian thugs known as attachés, and members of paramilitary groups, in particular the Front Révolutionnaire pour l'Avancement et le Progrès d'Haïti (FRAPH). This dire state of affairs led in February 1993 to the fielding of an International Civilian Mission - jointly organized by the United Nations (UN) and the Organization of American States (OAS) - and the deployment of human rights observers throughout Haiti.

However, military contempt for human rights was manifest all too clearly during the following months. In October 1993 the Mission was forced to evacuate on security grounds. Some observers returned to Haiti in early 1994, only to be expelled again in July, after military officials decreed their presence to be "a threat to national security". What else would the snapshot show? That key civilian institutions - already weakened by decades of authoritarian government and misrule under the Duvaliers and their successors - had been further eroded by the de facto military government which intervened in all areas of civilian life. The result: a pusillanimous parliament; a corrupt and incompetent judiciary under which state agents could violate basic human rights with impunity; a dysfunctional and plethoric public administration concen-trated in Port-au-Prince with little real presence in the countryside; money-spinning public and parastatal agencies packed with cronies of the military; non-functional associations of civil society; cowed political parties, most of them recently-created and without any powers of representation, operating in a political culture pervaded by opportunism and a spirit of winner takes all.

Should the camera zoom in, it would show extreme impoverishment of the majority, a skewed distribution of wealth and resources, a dilapidated infra-structure, overwhelming illiteracy and a terrorized and exhausted citizenry. Hopes of betterment, dignity and liberty for all had been dashed by the military coup d'état, three years of a brutal regime and a ruined economy.

The return of President Aristide on 15 October l994, the re-establishment of constitutional government, the stabilizing presence of the Multinational Forces, and later the United Nations Mission in Haiti (UNMIH), created the conditions for structural change and institutional reform. Technical and financial assis-tance from the international community and bilateral donors facilitated the implementation of reforms and the creation of civilian institutions.

The return to constitutional order meant the re-assertion of civilian authority and an end to the subordination of key institutions to the military. Most important were the President's decisions to abolish the system of section chiefs and later to disband the Armed Forces of Haiti. The network of repression responsible for the brutalities of the coup d'état ceased to function, and the unofficial armed groups which had enjoyed military protection were neutralized. The major obstacle to the development of democratic insti-tutions had been lifted. The remnants of the Haitian Armed Forces became members of an Interim Public Security Force and were placed under the restraining supervision of the Internation-al Police Monitors and later the Civilian Police component of the UN Mission in Haiti. A new professional and civilian Haitian National Police is now in the process of being trained and some l,500 agents have been deployed to date.

Corrupt and incompetent elements of the judiciary are being weeded out and reforms introduced. These include training programs for judicial officials and measures to promote the effective administration of justice. To this end a Magistrates School was inaugurated in July, the conditions of service of judicial officials improved, the number of judges increased and a judicial inspection service created.

Major reforms have also been carried out to the prison system. For the first time, a civilian penal administration has been created and correction officers have undergone professional training. The abysmal conditions of Haitian detention centres have improved somewhat.

These reforms have been accompanied by encouraging signals that the govern-ment will not tolerate the misconduct of its new security agents, or of its judicial officials. A code of conduct has been adopted for the new police and a police inspectorate established. In a break with the past, disciplinary measures have been taken against a small number of new police and correction officers for unprofessional or unethical behavior.

The result of structural change, reform and institution building has been a remarkable improvement in the human rights situation. Systematic and wide-spread human rights abuses have come to an end. Grassroots and popular organizations, once the targets of repression, are flourishing again. Viola-tions of human rights by state agents are now the exception rather than the rule. The fundamental freedoms of expres-sion, association and assembly are widely enjoyed, including by those critical of the president, the government, or their policies. Press freedoms have improved significantly, in particular for the privately-owned press and electronic media. Self-censorship has ceased. Radio stations destroyed during the coup - and subsequently prevented from re-opening - are back on the air.

Repeated calls by President Aristide for reconciliation have undoubtedly contributed to limiting incidents of vengeance and retaliation. The presence of UNMIH, the deployment of the new police, a more effective performance by interim police, in particular in Port-au-Prince, have all helped create a more relaxed atmos-phere and a feeling of security throughout the country. At the request of the Haitian Government, the International Civilian Mission has continued to monitor the activities of the security forces; to assess the functioning of the justice system; and to identify measures necessary for long-term human rights protection. International human rights observers, now based in 12 regional offices, are available to receive complaints relating to human rights, and to bring these to the attention of government authorities, the Haitian population and to the international community.

Efforts have been initiated to bring an end to the impunity enjoyed by the authors of past human rights violations. A National Commission of Truth and Justice has been established to shed light on past repression, its perpetrators and its structures during the period of the coup d'etat. It is also expected to make recommendations to prevent the recurrence of systematic human rights abuse. However, the Commission does not have the authority to initiate prosecutions. Despite the fears of complainants, the unwillingness of judicial officials to prosecute past human rights violations and the difficulties of identifying and finding suspects, some cases have been brought to trial. The prosecution of serious violations of the past, as well as of more recent killings, will no doubt be facilitated by the recent creation of a special investigative unit.

Confronting the legacy of the past is not incompatible with the process of reconciliation. Investigations facilitate the attribution of responsibility for serious violations to individuals rather than to a collectivity. They may also serve as an important exercise in public education. Above all, they are essential to the establishment of the rule of law and the construction of a just society.

Despite a sea change in the human rights situation, sources of concern remain, and there are problems which continue to impede the full enjoyment of human rights. Although few in number, there have been reports of individuals shot dead or injured by interim or permanent police in questionable circumstances during police operations. In addition, some 20 cases of targeted killings, mostly carried out by heavily-armed men sometimes in broad daylight, have been reported this year. The victims have been supporters and opponents of the president, as well as others with no known political affinity. To date, no evidence has emerged to link these killings to the state and the identity of the killers remains unknown.

There have been a number of allegations of beatings by interim police and prison guards over the past few months and one reported beating of a detainee by a new police officer. Assurances by Haitian officials that investigations are underway are encouraging. However, the government must show its commit-ment to holding agents responsible for human rights abuse by ensuring that investigations are thorough and transparent, and that the perpetrators are sanctioned. To that end, the International Civilian Mission is monitor-ing the effectiveness of new mechanisms set up to regulate police conduct.

Despite greater efforts by judicial officials to respect legal and constitutional guarantees - including procedural time limits - arbitrary and illegal practices persist. These include irregularities in the preparation of arrest warrants and restrictions on the right to defence. Moreover, the overwhelming majority of detainees are in pretrial detention (85 per cent) and not serving sentences. This overloads the system and leads to jail riots and jail breaks.

The judiciary is impaired by a dire lack of resources, both human and material. Outdated codes and inadequately trained or incompetent judicial officials are among the problems which have yet to be fully resolved. Modern investigation techniques need to be introduced. Communication between the judiciary, the prosecution, the police and the penal system has to be improved, to prevent bottlenecks in the judicial review of cases. A new culture of judicial independence and professionalism must be nurtured.

The holding of free and fair elections is a vital element of any functioning democracy, and in many respects the parliamentary and local government elections of June 1995 were a mirror image of the strengths and weaknesses of contemporary Haiti. On the one hand Haitians have so far voted on four occasions this year in a secure and largely peaceful atmosphere - a far cry from the violence and fear which marred elections held under previous governments.

On the other hand, the first round of elections on 25 June was plagued by lack of preparation and poor administration, leading to many irregularities. Unfortunately, organi-zational failings exacerbated the suspicions of opposition parties and heightened their initial lack of confidence in the impartiality of the electoral institution. Although the organization of complementary first round and runoff elections did improve, this did not prevent the majority of political parties - but not all their candidates - from boycotting these elections. Nevertheless, OAS inter-national election observers, present throughout the country from June to September, concluded that there had been no organized fraud and that the results reflected the will of voters.

While seen as a major step forward on the long road to democracy, efforts will have to be made to bring political parties back into the electoral arena before presidential elections at the end of the year.

Political pluralism and the accountability of elected representatives are pre-requisites for any lasting democracy. So is a general consensus on priorities for society and on the means to achieve and sustain them. When the new parliament convenes in the coming days it will debate important legislative measures which, if introduced, will have a profound impact on the future of Haiti. It is hoped that the forthcoming parliamentary debates will contribute to the emergence of such a consensus.

In its quest for democracy, Haiti must overcome the burdensome legacy of almost two hundred years of authoritarian rule, eviscerated institutions and a deeply divided society. It will be a long, slow and difficult process. However, in a short space of time considerable progress has been made. Fundamental freedoms and individual liberties are in the main being respected. The rule of law and respect for due process are slowly being re-established. Key institutions, without which there would be respect for neither human rights nor democracy, are being either revived, overhauled, or newly created.

What has been achieved to date is the result of the political will and determination of President Aristide and his government, spurred on by the unfulfilled dreams of the majority for justice and dignity. The international community, including the United States, has played an important role in bringing about Haiti's transformation, by providing necessary human, financial and technical resources and by ensuring a secure and stable environment. In Haiti democracy is still a fragile plant with shallow roots - roots which must deepen and take firm hold. This will require the continuing political will and energies of the Haitian Government and the support of its citizens. It will also require the continued nurturing hand of the international community.