Letter to Caricom-Support return to democracy in Haiti--Appeal from Labor-Religious Delegation to Haiti

* A letter supporting Caricom for its principled and courageous stand supporting the return to democracy in Haiti.

* The Haitian people implore you--Do not recognize the illegitimate coup government of LaTortue.

Dear Friends,

In late April and early May 2004, a nine-member Labor/Religious fact-finding delegation from the US and Canada, organized by the San Francisco Labor Council, went to Haiti at the invitation of the Confederation of Haitian Workers (CTH), Haiti's largest labor organization, which was holding its Congress. We interviewed scores of workers and union leaders from all over Haiti, as we participated as fraternal delegates in the CTH Congress. We attended a mass meeting of 500 people in Port-au-Prince. We met neighbors in the Delmas neighborhood where we stayed in the capital.

We traveled to the North of Haiti near Cap Haitien, and interviewed Moises Jean Charles, mayor of the rural town of Milot. Members of the delegation had previously met the mayor during a visit to Milot in 1997, and had hosted him on his subsequent visit to California. This popular mayor, elected by an overwhelming majority, was in hiding as the death squads associated with Guy Philippe and the coup government of LaTortue continued to kill, brutalize and imprison supporters of President Aristide and his Lavalas party.

We interviewed dozens of people, including elected government officials, who had fled to Port-au-Prince from the Central Plateau and other areas, who had been beaten, whose homes had been set afire, who are unable to return home to their families because of the terror unleashed by the February 29, 2004 coup d'etat.

To sum up what our Labor-Religious Delegation learned -- We can state without any reservation, that the vast majority of the people of Haiti do not support the LaTortue coup government, which they consider as illegitimate and imposed by outside powers....They applaud the action of Caricom in withholding recognition of the coup regime....And they fervently desire the return of their legitimate president, Jean-Bertrand Aristide, whom they have twice elected to office by overwhelming majorities [in fair, high-turnout elections], only to see his government overthrown by foreign powers in concert with Haitian paramilitary death squads.

Since our delegation left Haiti, the repression has continued unabated, with the arrest and imprisonment of Lavalas community leader, grandmother and well-known singer Annette Auguste (So' Anne) [in the middle of the night, in violation of Haiti's Constitution], and now the arrest and imprisonment of Haiti's legitimate Prime Minister Yvon Neptune. We were also saddened to learn that a large contingent of French troops as well as U.N. troops had stormed into the small rural town of Milot and raided the home of the mayor, Moises Jean Charles [again, illegally, in the middle of the night]. This is the same mayor that we had just interviewed. Not finding the mayor at home, the foreign occupation troops arrested his wife. Where is democracy, when popularly elected officials must flee for their lives, and the rule of law is replaced by the rule of the gun?

This is the experience of our delegation. That is why we strongly support Caricom in its decision not to recognize the LaTortue regime in any way, and to continue to press for respect for the Haitian Constitution and the return of the democratically elected government of President Aristide.

Attached is the Initial Report of the findings of the international Labor/Religious fact-finding delegation to Haiti, dated May 4, 2004, including the names of the nine delegates from the U.S. and Canada who took part in the delegation.

Respectfully,

David Welsh
Delegate, San Francisco Labor Council
For the Labor/Religious Delegation to Haiti

An Initial Statement on the Current Situation of Workers, the Labor Movement, and Human Rights in Haiti - Tuesday, May 4th, 2004
From: The International Labor/Religious/Community Fact-Finding Delegation to Haiti  (April 26-May 2nd) initiated by the San Francisco Labor Council

A nine-member international labor/religious/community fact-finding delegation has just returned from a week spent in Haiti. Its objective was to assess and report on the current situation of Haitian workers, the Haitian labor movement, and the state of human rights in that country. Within this mandate, particular attention was given to understanding the new realities following the coup d'etat that deposed President Jean-Bertrand Aristide on 29 February 2004. The brief statement, which follows, is an initial report on our findings.

The delegation's work focused on interviews with Haitian trade unionists and workers, as well as political leaders and activists. Part of this time was spent attending the National Congress of the CTH (the Confederation of Haitian Workers), the largest labor federation in Haiti composed of 11 different union federations. Based on these interviews and discussions, we can report that the labor movement is in significant crisis, brought on in large part by the decade-long economic and political destabilization campaign orchestrated in Washington. The crisis has become much worse since 29 February, with the campaign of violence by the US-backed opposition that preceded and followed the coup. Facing a massive problem of unemployment (estimated at some 70% in the formal economy), the turmoil and economic difficulties of recent years has only been worsened with the change of government.  

The coup regime was formed by a coalition of the unelected political opposition; the governments of France and the United States; former Haitian military and paramilitary death squads (including FRAPH); and the Haitian business elite - particularly the "Group 184", led by Andre Apaid. Mr. Apaid, a US citizen who is known by Haitian workers as the single most notorious owner of Haitian sweatshop factories, has been a virulent opponent of unions organizing in his factories. The delegation heard reports of extremely dire working conditions in the Apaid-owned sweatshops, with little or no access to safe drinking water, and wages at the legal minimum of 70 Haitian gourdes (approximately US$1.80) per day - or less. Those workers courageous enough to attempt the organization of trade unions face dismissal. Clearly, Mr. Apaid and his clique are no supporters of Haiti's workers or their labor movement.

The coup also led to serious attacks on Haiti's trade unions. The delegation heard reports from one union, the FTPH (Federation of Public Transport Workers of Haiti), of criminal attacks on over 100 of the buses that they had purchased for use in the bus cooperative operated by the union. These attacks involved the torching and destruction of the union co-op's buses, yet went unreported in the North American media, despite having taken place in the days immediately following the 29 February coup d'etat (the peak period of international media presence). Given their timing, and the fact that the union bus cooperative's success had been viewed as a positive symbol of social advances under the Aristide government, such attacks were seen by the union as acts of political reprisal by supporters of the coup. No arrests have been made in association with these attacks.

The general living conditions of Haitian workers and the general population have drastically worsened since the coup of 29 February. The delegation heard that the price of rice has jumped dramatically, as much as doubling. Other vital foodstuffs have seen even more serious price inflation. Several witnesses testified that whereas before the coup, Haitians were able to eat at least once per day, the cost of food has reduced this to as little as 3 meals per week. Even those Haitians fortunate enough to have a job are barely subsisting.

As for human rights, things are even more serious. The coup which deposed President Aristide has led to a serious wave of attacks and persecutions of supporters of President Aristide and his Fanmi Lavalas Party. The delegation heard testimony from an elected member of Parliament for the Fanmi Lavalas who is living in hiding, having been driven out of his town under gunfire. Other political leaders and known activists have also been forced into hiding, living underground, fearing the death threats and violence directed at supporters of the ousted government. Despite its obvious popularity, the Fanmi Lavalas movement is not currently able to have political demonstrations or otherwise take open political action due to the threat of attack. The coup regime, supported by an international military coalition led by the US, France and Canada, has not provided security for those currently most at risk. The names of Lavalas supporters - and even those suspected of being Lavalas supporters - are being read off on right-wing radio stations as an implicit threat. Neither the coup regime nor its international backers have taken action to contain what many Haitians refer to as an anti-Lavalas "witch hunt" that continues to this day.

Based on six days of interviews, meetings, recorded testimony, and on-site examinations, the International Labor/Religious/Community Fact-Finding Delegation has collected extensive material to compile and report. We wanted to provide this brief summary as soon as possible for immediate use. A more detailed written report will soon be published and circulated which will contain a more detailed overview of our findings.

Participants

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From: Haitian Lawyers Leadership Network Date: July 2, 2004 Re: CARICOM'S July meeting -

THE CARIBBEAN'S RIGHT TO SELF-DETERMINATION IS THREATENED Action Requested: Please urge CARICOM to not back-track, but to continue to demand an investigation into the 2004 Coup D'etat in Haiti; to continue calling for the immediate return to democratic rule and respect for the Constitution of Haiti as stated in CARICOM's ( http://www.caricom.org/pressreleases/pres22_04.htm )

Press Release dated March 3, 2004. Tell CARICOM that there can be "no substantial program of collaboration", certainly not on behalf of the Haitian people, with a government the mass electorate in Haiti had no choice about and that came about through force and through foreign interference of Haiti's sovereignty and democratic process. Circulate widely the National Conference of Black Lawyer's memorandum to CARICOM attached below and available at NCBL's website at: www.ncbl.org.  Urge CARICOM to consider NCBL's memorandum and the Haitian Lawyers Leadership letter and request to stand firm for the rule of law and not recognize the imported Latortue government in Haiti.

Call, e-mail, fax CARICOM to stand firm and for the principles and rule of law.
Thank you.

Contact

CARICOM Chair Baldwin Spencer and CARICOM Secretary General Edwin Carrignton, Secretary General of - (Phone) 011.592.226.9281; (Fax) 011.592.226.4493;

Huntley Medley, Public Relations Consultant, Office of the Secretary-General Tel: (592) -226-9280-9 or 227-4671 , Email: hmedley@caricom.org

Prime Minister P.J. Patterson, (Phone) 876 927 9941, (Fax) 876 929 0005);

BARBADOS - Ms. Teresa Marshall (Permanent Secretary of Foreign Affairs Tel. - 246-436-2990 /Fax - 246-429-6652;  

ST. LUCIA - Ambassador Earl Huntley Tel - 758-468-2166 / Fax - 758-453-7352;

TRINIDAD & TOBAGO - Mrs. Yvonne Gitten-Joseph (Director of Caricom & Caribbean Affairs Division) Tel - 868-623-4116 /Fax - 868-627-0571;

GRENADA - Mr. Adrian Hayes (Permanent Secretary) Tel - 473-440-2640 / Fax - 473-440-4184.

cc: the OAS - Bspencer@oas.org , cgaviria@oas.org , Leinaudi@oas.org , HunterJ14@aol.com , gunter.burghardt@cec.eu.int , AntBar@oas.org , Argentina@oas.org , Bahamas@oas.org , Barbados@oas.org , Belize@oas.org , Bolivia@oas.org , Brazil@oas.org , Canada@oas.org , Chile@oas.org , Colombia@oas.org , Costa-Rica@oas.org , Dominica@oas.org , Ecuador@oas.org , ElSalvador@oas.org , Grenada@oas.org , Guatemala@oas.org , Guyana@oas.org , Haiti@oas.org , Honduras@oas.org , Jamaica@oas.org,  Mexico@oas.org , Nicaragua@oas.org , Panama@oas.org , Paraguay@oas.org , Peru@oas.org , Republica-Dominicana@oas.org , StKitt&Nevis@oas.org , StLucia@oas.org , StVnG@oas.org , Suriname@oas.org , TnT@oas.org , Uruguay@oas.org , USA@oas.org , Venezuela@oas.org , vze4ksd@verizon.net  ( http://www.margueritelaurent.com/contactinformation/caricom-contacts.html ) bcc: the Haitian Lawyers Leadership Network at Erzilidanto@aol.com

Thank  you.
Marguerite Laurent, JD Chair/Founder Haitian Lawyers Leadership Network July 2, 2004

Letter from the Haitian Lawyers Leadership to CARICOM urging non-recognition of the Latortue regime in Haiti (July 2, 2004)

To: CARICOM members, Venezuela and other OAS members:

This letter is to thank CARICOM, once again, for its continued support for democracy in Haiti and to encourage CARICOM'S firm and steadfast support for the return of constitutional rule to Haiti.  

As you engage, during the CARICOM summit in Grenada, in discussions regarding the "interim" Latortue government, please do not forget the Haitian masses who voted for the democratically elected president, Jean-Bertrand Aristide, and who are now imprisoned or dying in Haiti for their continued support of President Aristide and for Haiti's right to self-determination. Don't forget that, while Latortue regards cop-killers and death squad leaders as "freedom fighters" he is imprisoning Lavalas supporters.

In fact, the puppet Latortue regime, recently, practically on the eve of this CARICOM summit, when it knew its human rights abuse record would be reviewed, openly and flagrantly threw its disdain at CARICOM by setting out a warrant and arresting, for political purposes, the honorable Prime Minister Yvon Neptune, the most senior Lavalas official remaining in Haiti after the Coup D'etat. The warrant for his arrest was issued soon after the courageous Prime Minister broke his silence while in hiding to denounce the first 100-days of the imported Latortue regime.

Below you will find the Haitian Lawyer's Leadership's letter of appreciation to CARICOM, previously delivered to the Secretary General and Chair, that we hereby fully reiterate, re-state and re-deliver once again. We have read that a CARICOM delegation recently went to Haiti and spoke to National Coalition of Haitian Rights (NCHR) regarding the human rights abuses found by many human rights organizations investigating the repercussions of the Coup D'etat. To wit, 3,000 Haitian dead in two months, approximately 350,000 internal refugees, over 2,000 refugees automatically repatriated by the U.S. Coast guard, Lavalas supporter's houses,and businesses shut down, trashed, burnt; the children television and radio stations shut down; 3,000 prisoners unleashed on the Haitian poor; the May 18, 2004 unlawful disbanding, by the Latortue government, along with the U.S. Marines of a legal protest demonstration against the Coup d'etat, the brutal arrest of So Ann, the invasion of the house of the Mayor of Milo, the alleged illegal taking, by U.S. military, under cover of securing Haiti's stability, of Mole St. Nicola, etc., etc, etc...).

We understand that NCHR reported it has no knowledge of the three (3,000) thousands killed as reported by these human rights organizations and our independent reports. (Go to "human rights reports" and "Personal Testimonies" on our Margueritelaurent.com website at: http://www.margueritelaurent.com/campaigns/campaignone/human_rights_reports/c1humanrightsreports.html  , and, http://www.margueritelaurent.com/campaigns/campaignone/testimonies/personaltestimonies.html   )

We ask that CARICOM remain mindful of this U.S. Bush State Deparment-supported and USAID-funded source if it seeks balanced information to come to a decision on the de facto government in Haiti. The National Coalition for Haitian Rights ("NCHR") is the same organization that did not condemn the three (3) previous Guy Philippe Coup D'etat attempts against Haiti's Constitutional government; the same organization that did not denounce the setting up of a "parallel government' to legitimate Constitutional rule in Haiti; that hardly denounced the bombings and shootings, before the 2000 elections, in poor neighborhoods in Haiti, by the opposition that killed dozens in an effort to intimidate them against voting for President Aristide. The same organization that said not a word when Guy Philippe's commandoes raided people in the Central Plateau throughout the year before the Coup D'etat, murdering dozens of Haitians simply for supporting the Lavalas government - including four staff members from the interior ministry who had gone to attend a public building dedication.

 I have attached a Znet article on the honorable Prime Minister, Yvon Neptune's arrest, the National Lawyer's Guild Delegation Report, and the executive summary from the Quixote Center delegation, which exposes the political partiality of Pierre Esperans and the National Coalition for Haitian Rights. We urge CARICOM to critically look at the record of NCHR and the Latortue government in Haiti it supports.

Below you will also find 13-pages of individuals and organizations from the Quixote Center/Let Haiti Live Coalition who join with us, at the Haitian Lawyers Leadership Network, to support return to constitutional rule of law in Haiti and to thank CARICOM for its stand.  

CARICOM's unwavering stand for the principles of law and its resolution not to recognize the illegitimate Latortue government, which we hope will again be reaffirmed at this July summit, shall be the bedrock, the solid foundation upon which the Haitian people and nation may step on to rise from this swamp of brutal repression, reprisal arrests and death squad rule by the Latortue regime and re-establish democracy and Constitutional rule in Haiti.

For, without CARICOM, the world would not today have the admirable OAS resolution acknowledging that there may have been an unconstitutional transfer of power on February 29, 2004.

The OAS Resolution is a triumph for CARICOM and a defeat for the U.S. and France which blocked any move towards an investigation of the Coup D'etat by the U.N. It's an acknowledgment that one cannot built democracy on a Coup D'etat. It's an acknowledgment that the power grab, that disenfranchised the entire nation of Haiti and took away the mandates of over 7, 200 elected Haitian officials and/or appointed positions, may have violated the Inter-American Democratic charter and represented an unconstitutional interruption of Haiti's democratic process.

We, at the Haitian Lawyers Leadership, cannot express enough our humble thanks and appreciation for CARICOM's firm stand for Haiti. We know and admire the resolve it took to follow this through to the OAS resolution.

This Coup D'etat in Haiti sets a dangerous precedent for all small countries in the world, but especially for the nations in the Americas. It must not stand unchallenged. CARICOM has been the bright beacon of truth and principle for us Haitians and our friends and supporters throughout these last four interminable months of Haitian life and suffering.

Please do not back-track now by recognizing this imported and abusive Latortue government. For CARICOM to now recognize the puppet Latortue government is tantamount to acknowledging that a nation of laws, principles, ethics and justice, may be founded on and/or arise out of injustice and the violent overthrow of a Constitutionally elected government. This would set an unthinkable precedent and endanger the sovereignty and right to self-determination of the nations of CARICOM and the OAS.

We urge CARICOM not to waver. We understand the reprisals and pressures administered by representatives of the governments who support the Coup D'etat. But they must not win.

Few moments in life are pivotal and defining. This moment for CARICOM will be defining. Kindly continue to be the bright beacon of democratic hope and principle, the global village, struggling to establish a world ruled by civility and laws and not by might, may henceforth cite with pride and pleasure.

Marguerite Laurent, JD Founder and Chair, Haitian Lawyers Leadership Network July 2, 2004

*****

National Conference of Black Lawyers
P.O. Box 80043
Lansing, MI 48908
(866) 266-5091

June 25, 2004

MEMORANDUM

To:   Member States of the Caribbean Community (Caricom)

c/o their ambassadors to the United States

 From: Mark P. Fancher, Chair, NCBL Section on International Affairs & World Peace; and Imhotep Alkebu-lan, NCBL National Co-chair (Principal drafters on behalf of NCBL)

 THE CARIBBEAN'S RIGHT TO SELF-DETERMINATION IS THREATENED BY WESTERN IMPERIALIST INTERVENTION IN HAITI, AND CARICOM'S RESISTANCE MUST CONTINUE AND INTENSIFY.

It is with the greatest respect and humility that the National Conference of Black Lawyers (NCBL) submits this document to the honorable and esteemed members of the Caribbean Community (Caricom). In recent months, NCBL has watched the activities of Caricom with indescribable pride. We are certain that all freedom loving people share that pride, because in the aftermath of the illegal kidnapping of Jean-Bertrand Aristide, Haiti's only legitimate president, Caricom has resisted enormous pressure by the United States and other forces of western imperialism to recognize an illegal regime that terrorizes Haiti's citizens on a daily basis.

NCBL takes this opportunity to applaud Caricom, and to urge in the strongest terms that as you convene in July, member states stand firm in their refusal to recognize the illegal regime that currently dominates Haiti. President Aristide must be returned to his country where he can most effectively perform the duties of the office to which he has been elected.

Misinformation about the legal and historical issues in this matter can be potent weapons in the war for international opinion. NCBL's objective is to present in this document facts and a legal analysis that affirms that the position taken by Caricom on Haiti's current illegal regime is legally, historically and morally correct.

The Events In Question

Although there is general familiarity with the events leading to the current crisis, we believe it is most helpful to review them from the perspective of President Aristide himself, and those who represent him. In a March 8, 2004 letter to U.S. Attorney General John Ashcroft, President Aristide's lawyer, Ira Kurzban provided the following narrative:

"...Starting in early February 2004, the democratically elected President of Haiti, Jean-Bertrand Aristide, faced an armed rebellion starting from the North of the country and moving South. The rebel leaders, whom the Secretary of State has characterized as 'thugs and criminals' is comprised of former members of the dissolved Haitian army, drug dealers, and members of the former paramilitary organization universally recognized as having operated terrorist/execution squads during the 1991-1994 military coup (Front Revolutionnaire pour l'Avancement et le Progres d'Haiti, FRAPH), The driving force behind these thugs was Jean Tatoune, a former member of FRAPH and a convicted human rights violator, and Jodel Chamblain, the co-founder of FRAPH and also a convicted gross human rights violator [footnote omitted]. The nominal rebel leader was Guy Phillipe, a well-known drug dealer, who had been implicated in masterminding another coup attempt against the democratically elected government of Haiti under President Preval."

Kurzban went on to explain that the rebel army carried U.S.-manufactured weapons, and that high level U.S. officials stated in the clearest terms that they would do nothing to protect President Aristide from imminent attacks.

Kurzban's narrative continued:

"In the early morning hours of Sunday, February 29, the President and some family members were taken by [U.S. Depute Charge de Mission (DCM), Luis] Moreno and the U.S. Marine contingent to an airplane rented by the U.S. Department of State and guarded by U.S. Marines. DCM Moreno told the President that if he did not deliver to Moreno a letter of resignation and board the aircraft with no questions as to where he would be taken, the President and his wife would be left at the airport and that they would be killed. Under this extreme duress, the President then delivered a letter of resignation to the United States government's representative. United States Marines then surrounded President Aristide and his wife, separating them from the few personal security staff at hand. President Aristide and his wife were then boarded onto the plane, without any idea as to where it was headed and with their actions strictly monitored and constrained by the U.S. Marines. The plane took off at approximately 6:15 AM.

"Throughout the flight, despite their repeated requests, the President and his wife were prevented and forbidden from communicating with any persons in the outside world. They were also further restricted in their actions, such as being prevented from even opening the shades on the windows. The plane briefly landed for refueling in Antigua, where no one was allowed to exit or lift the window shades. The President and his wife were told by the Marines guarding them that they had been instructed to not tell them where they were or where they were going.

"After refueling, the plane took off and headed to the Central African Republic. The President was only told of this destination shortly before the plane's arrival in the Central African Republic. President Aristide and his wife were never asked whether this destination was acceptable to them, and were never asked what destinations they might prefer or would be acceptable. It was made clear to President Aristide and his wife that they were being given no options and no choice in the matter. Because they were prevented from having any communication, the President and his wife were prevented from seeking the agreement of other countries to accept their arrival."  Meanwhile, back in Haiti, members of the current regime and their supporters began a campaign of terror against supporters of the exiled President, and they took control of government structures with the full knowledge and backing of the U.S. government.

II. Recent Events Are But Part Of A History of Imperialist Domination of the Caribbean

Noted scholar and activist, Elombe Brath has prepared a concise, comprehensive overview of Haiti's history, and it demonstrates that imperialism is nothing new for Haiti. Brath's account notes that Haiti was the second Black nation to achieve independence on January 1, 1804. (Palmares, currently a part of Brazil, was the first.) Since independence, Haiti has been a constant target of abuse, exploitation and intervention by countries and corporations in the northern hemisphere. U.S. President George Washington sent troops and money to suppress a slave revolt in 1791.England invaded Haiti in 1793.France assembled a military coalition of Polish, Dutch, German and Swiss troops to invade.U.S. President Thomas Jefferson threatened embargoes and invasions.There were more than 27 U.S. military interventions into Haiti before 1915.A brutal U.S. military intervention in 1915 that lasted until 1934 virtually destroyed Haiti.

It was during the 1915 occupation that Major - General Smedley Butler declared: "I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in the region." In 1957, the brutal, tyrannical reign of the Duvalier family began with the full support of the U.S. government. The dictatorships of Francois "Papa Doc" Duvalier and Jean "Baby Doc" Duvalier lasted until 1986. When President Aristide was elected in 1986, it was against the wishes of the U.S., and a CIA-backed coup succeeded in driving him into temporary exile. The CIA also fabricated and circulated rumors about President Aristide's mental health as part of an effort to discredit him. While Aristide spent a three year exile in the United States, a brutal military dictatorship dominated Haiti. It is estimated that as many as five thousand people were killed during this period. In response to domestic and international pressure, Bill Clinton obtained UN approval in 1994 to restore the democratically elected Aristide to power.

President Aristide was ultimately to take several steps that angered the U.S. They included his reluctance to privatize certain national industries that had once been controlled by Haiti's elite and western business interests; and his demand for restitution from France in the amount of $21 billion for that country's 1825 blackmail demand for the equivalent amount for lifting an international economic embargo of Haiti. When Aristide was re-elected in 2000, the Bush administration alleged voting irregularities, and blocked over $500 million in desperately needed international aid that had been earmarked for healthcare, education, and water sanitation. According to a 1997 report by Foreign Policy In Focus, "Since the early 1960's the U.S. has actively used its political influence and development assistance programs to help turn Haiti into a low-wage, export-friendly economy that provides profitable business opportunities for U.S. investors."

The attitude of the U.S. toward not only Haiti, but the Caribbean generally has been one of imperial arrogance and paternalism. The U.S. has never treated countries in the region as peers, but has instead sought to bully and intimidate them into positions of subservience. Until the collapse of the Soviet Union, this conduct occurred in the context of superpower jockeying for spheres of influence during the Cold War. More recently it has been incidental to an ongoing process of globalization. In the minds of U.S. policymakers, the emergence of Cuba as a socialist state represented a major crack in the ideological wall erected by the U.S. empire in this hemisphere. Thus, any tendencies by any country in the western hemisphere toward autonomy, self-determination or even casual dealings with Cuba were regarded as hostile acts that were to be checked by any available, effective means. Former Jamaican Prime Minister Michael Manley maintained cordial relations with Cuba during his first administration. It is not surprising then that former CIA agent Philip Agee and others have charged that the Central Intelligence Agency carried out an extensive destabilization campaign in Jamaica that culminated in bloody warfare between political gangs. "Agee, who had carried out similar operations in Ecuador in the 1960s, spoke across the country of CIA methods. These, he said, included spreading false information in the local and foreign press, funding oppositional groupings, supplying arms and logistical support, and helping plan disruptions and para-military operations." During the 1976 Jamaican elections, the CIA provided gangs associated with the Jamaican Labor Party (Manley's rivals) with numerous high powered weapons that were used in pitched street battles that injured and killed countless innocent people. There was also tremendous consequential damage to the country's image and economy. Reprisals and retaliation were even more harsh for Grenada. Although the rationale offered by the U.S. for its invasion of the island in 1983 was that the breakdown of government leadership and the assassination of Prime Minister Maurice Bishop and other members of his administration created a crisis that demanded intervention, the truth is that the country had been the target of U.S. harassment for the entire period that the New JEWEL Movement governed. Bishop himself made repeated references to U.S. intimidation. In a speech to the Movement of Non-Aligned Countries, he stated:

"...U.S. Ambassador Frank Ortiz...came to Grenada to advise us that any attempt on our part to build close links with the government of Cuba would be severely frowned upon by the United States. And we had to remind the ambassador that, although we are a small country and although we are a poor country, the people of our country had spent several years fighting dictatorship. We reminded him that many of our patriots had been brutalized and murdered fighting the dictatorship, and now that we had won our freedom, we would not give up that freedom because the United States or any other foreign power wishes us to do so..."

The Prime Minister went on to say:

"...Today we have found that these threats have continued; these attempts to try to set us back have continued. Just before coming to this conference we received a cable from the U.S. secretary of state telling us that if we were going to the Nonaligned summit, we should be in the forefront of resisting further attempts being made by countries like Cuba to try to destroy, to try to divide the OAS."  Although Cuba has been a convenient excuse for U.S. meddling and harassment of countries like Grenada, the real worry of the U.S. is the notion that countries can and should be self-determining. Bishop found direct evidence of this fact, and he shared it with a New York audience.

"The real reason for all of this hostility is because some perceive that what is happening in Grenada can lay the basis for a new socioeconomic and political path of development. They give all kinds of reasons and excuses - some of them credible, some utter rubbish. We saw an interesting one recently in a secret report to the State Department. I want to tell you about that one, so you can reflect on it. That secret report made this point: that the Grenada revolution is in one sense even worse - I'm using their language - than the Cuban and Nicaraguan revolutions because the people of Grenada and the leadership of Grenada speak English, and therefore can communicate directly with the people of the United States. I can see from your applause, sisters and brothers, that you agree with the report. But I want to tell you what that same report said that also made us very dangerous. That is that the people of Grenada and the leadership of Grenada are predominantly Black. They said that 95 percent of our population is Black - and they had the correct statistic - and if we have 95 percent of predominantly African origin in our country, then we can have a dangerous appeal to 30 million Black people in the United States. Now that aspect of the report, clearly is one of the most sensible."

It is not unreasonable to conclude that the U.S. was not only afraid of the impact of the Grenada example on its own Black population, but also of the impact on other countries in the Caribbean. Although the U.S. eliminated the "threat" in Grenada with military force, President Aristide represented a similar threat in more recent times. President Aristide's nationalization of industries formerly controlled by Haiti's elite and foreign corporations was inconsistent with the subservient, passive role that Caribbean leaders are expected by the U.S. to play.

Those Caricom member states that do not wish to pursue a "revolutionary" path of the sort followed by Cuba or Bishop's Grenada are nevertheless at great risk as a result of the U.S. imperialist approach. Even those countries that are generally the most compliant with U.S. demands may inadvertently run afoul of U.S. interests and find themselves the targets of illegal political or military intervention. Self-determination is one of the most sacred human rights, and it is for that reason that Haiti is the place where all freedom loving people and nations must draw the line.

III. The Right To Self-Determination Is Protected By International and Domestic Law

The right to self-determination has a solid legal foundation in customary international law and the United Nations Charter. That right is specifically referenced in Article 1, Section 2. In addition, Article 2, Section 7 provides for non-intervention by the U.N. into matters that are essentially within the domestic jurisdiction of any country. It can be reasonably inferred that such actions by member countries would also be regarded as unacceptable. The kidnapping of a democratically elected head of state and the orchestration of a coup d' etat are completely inconsistent with these and other international law standards. For example, it is unlikely, if not impossible, that the U.S. would be able to credibly establish that such acts were consistent with Article 2, Section 4 of the U.N. Charter that provides: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." (emphasis added).

President Aristide himself has filed a petition for the prosecution of U.S. government officials in the U.S. courts pursuant to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 1973. The sequence of relevant events and the criminal acts committed in connection with the kidnapping all support this petition. NCBL, for its part, has requested an investigation of these events by the prosecutor for the International Criminal Court which was established for the purpose of exercising jurisdiction over persons for the crimes of: genocide; crimes against humanity; war crimes; and the crime of aggression. NCBL's petition states the following important points:

"1. In considering the threshold question of whether the ICC has jurisdiction over the persons involved, we note that Article 12(2) of The Rome Statute of the International Criminal Court ("Rome Statute") provides that if the conduct in question occurs on the territory of a State that is a party to the statute, then the ICC may exercise jurisdiction. Although neither the United States nor Haiti are parties to the Rome Statute, the Central African Republic is a party and the site of President Aristide's detention. We believe the Office of the Prosecutor should determine whether jurisdiction is appropriate given that fact.

2. Whether the crimes at issue are appropriately addressed by the ICC involves consideration of Article 5 of the Rome Statute, which provides that the ICC has jurisdiction with respect to the crimes of: genocide; crimes against humanity; war crimes; and the crime of aggression. While we believe that all of these crimes were committed, we urge that you give special consideration to the issue of war crimes. We believe that the most relevant provision of the Rome Statute is Article 8(2)(a)(vii). It provides: "For the purpose of this Statute, 'war crimes' means: Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: *** [u]nlawful deportation or transfer or unlawful confinement." NCBL has concluded that the U.S. government (in violation of key provisions of the United Nations Charter that proscribe aggression and affirm the right to self-determination) is effectively engaged in warfare against the government and people of Haiti, both through direct use of U.S. military personnel, and by way of armed proxies who have engaged in acts of terrorism against the civilian population, and who have staged a coup d'etat. Furthermore, we believe that as "nominal head of [the Haitian] armed forces" with the power to declare war, President Aristide should be protected by the Geneva Convention. We urge that the Office of the Prosecutor investigate whether the unlawful transfer of President Aristide to the Central African Republic, and his unlawful confinement in that country constitute crimes subject to the jurisdiction of the ICC. Per Article 8(1), President Aristide's detention was committed as part of a plan to eliminate him and the many members of his government and political party in Haiti by detention or willful killing."

Even U.S. domestic law prohibits the acts committed by the U.S. government and its agents.

The U.S. Federal kidnapping statute [18 U.S.C. §1201 et seq.] specifically proscribes the Aristides' abduction and detention; and U.S. Federal law [18 U.S.C. §956; and, U.S. v. Felix-Guiterrez, 940 F.2d 1200 (9th Cir. 1991)] provides that persons who conspire in the U.S. to kidnap a person in a foreign territory; or who commit the crime of kidnapping abroad may be prosecuted in U.S. courts. We note with great satisfaction the decision by Caricom to invoke provisions of the Charter for the Organization of American States in your approach to that body. That document contains a variety of provisions that are particularly relevant to the Haitian experience. Article 2 makes clear the importance of promoting and consolidating representative democracy "with due respect for the principle of non-intervention." Article 3 states that countries have a duty to "abstain from intervening in the affairs of another state."

Similarly, Articles 19, 20, 21, and 22 speak strongly against intervention, and the use of force or coercion of any kind. The OAS has the authority to take decisive action against Haiti's illegal regime. Article 9 of the Charter provides: "A Member of the Organization whose democratically constituted government has been overthrown by force may be suspended from the exercise of the right to participate in the sessions of [the various OAS bodies, commissions, working groups, etc.]." NCBL strongly urges that Haiti be suspended in this regard until the return of democratic government to that country.

 IV. Conclusion Finally, NCBL implores all members of Caricom to stand firm against the pressure that we know has been brought to bear upon all of the countries in the Caribbean region. The Caribbean Community's position on the kidnapping and the current illegal regime in Haiti is regarded by Washington as important to U.S. diplomatic maneuvering. This is a critical moment in history not only for the people of Haiti, but also for all people - particularly those of African ancestry. Like any bully, western imperialism preys upon those it perceives to be weak. Those of us who are targets of intimidation are called upon by the spirits of Toussaint L'Ouverture, Dessalines, and many nameless ancestors to follow their example of strength, courage and principled resistance in the face of imperial might. NCBL salutes you and urges in the strongest terms that you not yield in the days, weeks, and months to come.

********* Forwarded by the Haitian Lawyers Leadership ******

"Men anpil chaj pa lou" is Kreyol for - "Many hands make light a heavy load."

See, The Haitian Leadership Networks' 7 "men anpil chaj pa lou" campaigns to help restore Haiti's independence, the will of the mass electorate and the rule of law. See, http://www.margueritelaurent.com/pressclips/haitianlawyers.html ; http://www.margueritelaurent.com/campaigns/campaigns.html and Haitiaction.net