[Congressional Record Volume 145, Number 127 (Monday, September 27, 1999)]
[House]
[Pages H8770-H8777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENSE OF CONGRESS THAT HAITI SHOULD CONDUCT FREE, FAIR, TRANSPARENT, 
                         AND PEACEFUL ELECTIONS

  Mr. GILMAN. Madam Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 140) expressing the sense of 
the Congress that Haiti should conduct free, fair, transparent, and 
peaceful elections, and for other purposes, as amended.
  The Clerk read as follows:

                            H. Con. Res. 140

       Whereas Rene Preval was elected president of Haiti on 
     December 17, 1995, and inaugurated on February 7, 1996;
       Whereas a political impasse between President Preval and 
     the Haitian Parliament over the past 2 years has stalled 
     democratic development and contributed to the Haitian 
     people's political disillusionment;
       Whereas Haiti's economic development is stagnant, living 
     conditions are deplorable, and democratic institutions have 
     yet to become effective;
       Whereas Haiti's political leaders propose free, fair, and 
     transparent elections for local and national legislative 
     bodies; and
       Whereas Haiti's new independent Provisional Electoral 
     Council has scheduled those elections for November and 
     December 1999: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) commends the provisional Electoral Council of Haiti for 
     its decision to hold elections for 19 senate seats, providing 
     for a transparent resolution of the disputed 1997 elections;
       (2) urges the Government of Haiti to actively engage in 
     dialogue with all elements of Haitian society to further a 
     self-sustainable democracy;
       (3) encourages the Government and all political parties in 
     Haiti to proceed toward conducting free, fair, transparent, 
     and peaceful elections as scheduled, in the presence of 
     domestic and international observers, without pressure or 
     interference;
       (4) urges the Clinton Administration and the international 
     community to continue to play a positive role in Haiti's 
     economic and political development;
       (5) urges the United Nations to provide appropriate 
     technical support for the elections and to maximize the use 
     of United Nations civilian police monitors of the CIVPOL 
     mission during the election period;
       (6) encourages the Clinton Administration and the 
     international community to provide all appropriate assistance 
     for the coming elections;
       (7) encourages the Government of Haiti to adopt adequate 
     security measures in preparation for the proposed elections;
       (8) urges all elements of Haitian civil society, including 
     the political leaders of Haiti, to publicly renounce violence 
     and promote a climate of security; and
       (9) urges the United States and other members of the 
     international community to continue support toward a lasting 
     and committed transition to democracy in Haiti.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Gilman) and the gentleman from Florida (Mr. Hastings) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Gilman).


                             General Leave

  Mr. GILMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. GILMAN. Madam Speaker, I yield myself such time as I may consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Madam Speaker, I rise in support of H. Con. Res. 140.
  When we marked up this resolution in the Committee on International 
Relations, our main concern was that free and fair elections be held to 
meet the constitutional deadline of January 10 for installing a newly 
elected legislature. As matters now stand, this apparently will not 
happen. Although Haitian President Rene Preval cites concerns over the 
feasibility of the Provisional Electoral Council's calendar, he has in 
fact been delaying these critically important elections.
  As long as there is an opportunity that Haiti can hold genuinely 
pluralistic elections, we should, as this resolution urges, be 
supportive. For example, because there is a politically diverse 
Provisional Electoral Council, a significant sector of the opposition 
favors elections for parliament and for local officials. I note, 
however, a disturbing absence of high-level attention in the White 
House and in the State Department to the unfolding electoral situation 
in Haiti. Our ambassador, Timothy Carney, deserves high level support 
from our administration.
  I am deeply concerned by the serious problems that threaten these 
elections. President Preval failed to see that the elections were held 
last year, and this summer failed to sign the critically important 
electoral law for 1 month. And now President Preval has become hostile 
to the Electoral Council that he appointed.
  As the election in Haiti nears, street violence threatens freedom of 
assembly and freedom of speech and may threaten the elections as well. 
Former President Aristide's Lavalas Family party has fomented recent 
violent disturbances, including an attack on a peaceful rally organized 
by business, religious and civic groups in Port-Au-Prince on May 31.
  Rising common crime and specific acts of violence have awakened broad 
concerns regarding public safety. Most recently, on September 4, an 
explosive device was thrown at the Chamber of Commerce the day after 
the Chamber issued a call for nonviolence. And on September 5, shots 
were fired at an opposition leader by a trained gunman. Shots were also 
recently fired in front of an Electoral Council magistrate's home.
  The Haitian National Police has yet to develop and make public a 
comprehensive plan to provide security during the forthcoming election. 
The Electoral Council faces significant logistical hurdles to provide 
critically important voter identification cards and to be able to meet 
the tight electoral calendar that it has established.
  When I concurred with releasing funds to support these elections, it 
was with the understanding that if Haiti backs away from the 
transparent settlement of the disputed 1997 elections, or if the 
Provisional Electoral Council's independence and credibility by a broad 
spectrum of political parties is put into question, that U.S. technical 
assistance should end.
  I agree with the administration's efforts to secure a 2- or 3-month 
extension of the United Nations civilian police monitoring mission in 
Haiti. The full contingent of civilian police monitors should actively 
monitor and support the Haitian National Police's security plan for the 
election. There are a number of additional steps that should also be 
undertaken.
  Foremost, President Preval needs to stop stalling and start 
supporting the Electoral Council that he appointed. President Preval 
should also commit to separating the legislative and municipal 
elections from next year's presidential election. And the Clinton 
administration must ensure that the election will be properly 
supported. International contingency plans for supporting logistical 
aspects of the election may prove to be critically important.
  The United States and our allies should act to prevent violent 
elements in the Lavalas Family party or other violent individuals or 
groups in Haiti from disrupting or even derailing the election through 
violence and intimidation. Denial of visas and other steps should be 
applied.
  Also, the Haitian National Police should produce and make public a 
detailed plan for providing security for the election. The police 
should follow the Electoral Council's example and invite political 
party leaders to review and comment on their election security plans.
  I want to thank the gentleman from Florida (Mr. Hastings), a senior 
member of our committee, for bringing this resolution to our attention. 
With these caveats in mind, I support its adoption.
  Madam Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Florida. Madam Speaker, I yield myself such time as I 
may consume.
  I would, without quarreling, point out that some of the support for 
the electoral process has been held up by the majority party. The 
organization that would be in a position to do some of this supporting 
has not received the fundings that were due them largely in part 
because of caveats that have been set forth by the majority. While I do 
not quarrel with the majority's right to do that, then I do not think 
you ought be heard to complain that certain things are not being done 
when

[[Page H8711]]

moneys were supposed to be appropriated for them to be done and then 
they are not done. That causes me to have serious concern. And to say 
that the Clinton administration must properly support the election and 
then withhold the funds for it to be done is kind of disingenuous, at 
least in my view.
  Additionally, Madam Speaker, I would like to point out to the 
chairman of the Committee on International Relations that I along with 
Senator Graham and the special envoy of President Clinton, former 
Governor Buddy McKay, were in Haiti along with the gentleman from 
Massachusetts (Mr. Delahunt) on a fact-finding mission. Mr. McKay 
stayed longer than we did because of his duties and went back since 
that time with reference to ongoing matters as pertains to Haiti. While 
we were there and upon our return, I felt it necessary to introduce 
this resolution urging the government of Haiti to conduct free, fair, 
transparent, and peaceful elections.
  Madam Speaker, Haiti's Electoral Council has scheduled parliamentary 
and local elections for December 16, 1999 and January 19, 2000. Because 
these elections represent the best chance for Haiti to resolve its 
political stalemate and proceed with reforms, it is critical that these 
elections be held as scheduled.
  The United States and the international community must assist in 
maintaining stability and help to strengthen the roots of the rule of 
law in Haiti. To illustrate our support, we must do the following: 
provide technical assistance in order to effectively register voters; 
provide comprehensive aid in developing a security plan where all 
parties and candidates can campaign freely and without violence; salute 
the electoral authorities for striving to be fair and judicious; and 
condemn anyone who attempts to curtail the electoral laws in Haiti.
  Free, fair, transparent, and peaceful elections in Haiti are in the 
best interest of the United States in general and specifically in 
Florida, my home State. If the United States does not continue its 
support for Haiti, many Haitians will find themselves again in the 
dangerous waters en route to our shores. A State whose health and human 
services budgets are already overburdened, such as my State, cannot 
stand the weight of further illegal immigration. Moreover, if we are 
unwilling to pay a small price now, we will, I repeat, we will pay a 
much greater price later.
  Madam Speaker, my resolution is rather simple. It encourages this 
body to support Haiti's scheduled elections and demands little of us as 
it refers to expenditures of personnel and resources. Further, it 
illustrates the importance which the United States emphasizes on free, 
fair, transparent, and peaceful elections. I urge my colleagues to 
support this resolution.
  Madam Speaker, I reserve the balance of my time.
  Mr. GILMAN. Madam Speaker, I yield as much time as he may consume to 
the distinguished gentleman from Florida (Mr. Goss), chairman of the 
Permanent Select Committee on Intelligence.
  (Mr. GOSS asked and was given permission to revise and extend his 
remarks.)
  Mr. GOSS. Madam Speaker, I thank the distinguished gentleman from New 
York for his generosity with the time.
  Madam Speaker, I am pleased that the House is taking up this 
resolution this afternoon of my colleague the gentleman from Florida 
(Mr. Hastings). As my colleagues know, Haiti has scheduled 
parliamentary elections as a way to resolve a crisis that has brought 
democracy, governance and economic development in Haiti to almost a 
full halt. In the 5 years since 20,000 U.S. troops forcibly restored 
Jean-Bertrand Aristide to power, the lights of democracy for Haiti have 
dimmed significantly and, in fact, they are in danger of going out 
entirely. Today in Haiti, it is actually worse for many people than it 
was before our intervention. The current U.S. ambassador to Haiti, Mr. 
Carney, who has been referred to put it this way and I quote him: 
``Haiti is a long way from getting democracy. It lacks nearly all of 
the elements that make up a democracy.'' This is after several years of 
intense attention and billions of taxpayers' dollars. For the first 
time in years, I think we are beginning to see at least some of the 
folks in the Clinton administration make an honest assessment of the 
situation on the ground in Haiti. I think the excursion, the trip, the 
fact-finding analysis that the gentleman from Florida has referred to 
is proof of the fact that there is an interest to assist the situation 
accurately and realize just how badly off the people in Haiti are these 
days. I hope that the rose-colored glasses that we have seen so often 
in the Clinton administration have finally come off.
  The United States has a significant investment in Haiti, significant 
in terms of our military involvement and our financial commitment as 
well. We are literally talking about billions--that is billions with a 
``B''--of taxpayers' dollars we have spent in Haiti in the past few 
years. To many observers, it seems apparent that this investment has, 
in fact, been squandered. While the Clinton administration has a lot to 
account for in terms of explaining this failure to the American people, 
I think the question before Congress today is more important: Where do 
we go from here? The first step is to provide encouragement for the 
elections to go forward. We must also acknowledge that those elections 
face very serious challenges, including politically motivated violence 
that we have already seen manifest, and the active hostility of some of 
Haiti's leading politicians to the actions, well-meant actions and the 
necessary actions, of the Provisional Electoral Council.
  In addition to helpful technical assistance that we might provide, 
the United States also must send a clear signal to Haiti's leaders, 
especially the President-in-waiting Aristide, that efforts to subvert 
or improperly influence the electoral process will not be tolerated. 
These parliamentary elections are often referred to as a, quote, 
roadmap for resolving the crisis in Haiti. We have heard that language 
before. Actually, we hear it before almost every election in Haiti. The 
last vestiges of Haiti's pretense of democracy will fade entirely if 
full, fair, free, and transparent elections do not happen on schedule. 
I will not go so far as to hope for peaceful, but I will put in the 
other qualifiers. I have been in Haiti for elections and there is a lot 
of enthusiasm. I do not think ``peaceful'' is a realistic expectation. 
But I think ``controlled'' is.
  Haitian leaders should be on notice by this resolution--and I hope 
they are--and so should U.S. taxpayers who have footed the bill for the 
Clinton administration's failures in the past. They should take notice, 
lest we squander more good money after wasting so much already.
  Good money after bad is a poor idea no matter how well-intentioned we 
may be. For that reason, I will support the resolution, of course, but 
I will ask for close oversight of how the funds are to be spent and I 
will ask for no rose-colored glasses in assessing what is really going 
on so that if we run into roadblocks, we understand what is before us 
and we are in a position to report faithfully to the American people 
what has happened rather than what we hoped had happened.

                              {time}  1545

  Mr. HASTINGS of Florida. Madam Speaker, I yield 3 minutes to the 
gentlewoman from the Virgin Islands (Mrs. Christensen), my colleague.
  Mrs. CHRISTENSEN. Madam Speaker, I thank the gentleman from Florida 
(Mr. Hastings) for yielding this time to me.
  Madam Speaker, I rise today in support of House Concurrent Resolution 
140 expressing the sense of Congress that Haiti should conduct free, 
fair, transparent and peaceful elections, and I thank the gentleman 
from Florida (Mr. Hastings), the gentleman from Massachusetts (Mr. 
Delahunt), and the gentleman from Michigan (Mr. Conyers) for their 
bill, as well as the gentleman from New York (Mr. Gilman), for their 
leadership and support of this resilient island nation.
  I have had the opportunity to visit Haiti three times over the last 3 
years. The last time was 2 weeks ago with the gentleman from Michigan 
(Mr. Conyers) and several of my other colleagues, specifically to 
review the progress that was being made with regard to the upcoming 
elections.
  Madam Speaker, I saw a Haiti which despite the fact that democracy 
has not made any significant bread and

[[Page H8772]]

butter changes in the lives of its people continue to hold on to the 
ideal of full democracy and economic progress despite the steepness of 
the uphill battle. The people of Haiti remain strong in the spirit 
which, despite the odds, made them an independent nation almost 200 
years ago. Despite continuing poverty, little infrastructure, recent 
hurricane damage, we were able to see active building and vibrant 
commerce as well as other, if small, signs of improvement and hope. 
Much progress, Madam Speaker, I think was also seen in the public 
sector.
  Madam Speaker, the people of Haiti want the upcoming elections, and 
they want elections that they will have confidence in. The United 
States has helped in the past years to help Haiti on the road to 
democracy and a healthier economy, but we have done far less than we 
should have. In the upcoming elections we have the opportunity to 
correct this and make an important contribution to the future of the 
Haitian people, to the Caribbean region, and to our hemisphere.
  I join my colleagues in expressing the sense of Congress in support 
of free, fair, transparent and peaceful elections; but Madam Speaker, 
we should do more by making all the necessary resources available to 
make it possible.
  This is another critical juncture in Haitian history. The integrity 
and the outcome of this election will determine Haiti's future. I want 
us to be on the right side of that history. I urge the passage of House 
Concurrent Resolution 140.
  Mr. GILMAN. Madam Speaker, does the gentleman from Florida have any 
further requests for time?
  Mr. HASTINGS of Florida. I do not, Madam Speaker, but I yield myself 
such time as I may consume to point out that the gentleman from 
Michigan (Mr. Conyers) and the gentleman from New Jersey (Mr. Payne) 
and the staff of the chairman 2 weeks ago visited Haiti, and I regret 
very much that the gentleman from Michigan (Mr. Conyers) is not here at 
this time for he had intended to speak regarding his personal findings.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. GILMAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I urge support for this resolution.
  Mr. CONYERS. Madam Speaker, I would like to commend my colleagues for 
their hard work on this important resolution. Although the language was 
changed to accommodate opinions from the other body, I believe it still 
carries the appropriate positive message about Haiti's democratic 
progress. After all, October 15 will mark only 5 years that have gone 
by since the restoration of the legitimate government of Haiti and its 
elected president, Jean-Bertrand Aristide.
  Haiti has come a long way since the dark days when General Cedras and 
Colonel Francois ruled the streets of Port-au-Prince with an iron fist 
of terror. I had the opportunity to make my own first hand evaluation 2 
weeks ago when I led a bipartisan delegation to Haiti accompanied by my 
good friends Representatives Campbell, Payne, Hilliard, Christensen,  
and Faleomavaega. I would also like to thank the gentleman from 
Illinois, the chairman of the Judiciary Committee, for authorizing the 
CODEL to travel. Today we are releasing our findings in a comprehensive 
trip report. While we found that elections probably will not happen in 
December as hoped, a brief delay may end up being in the best interests 
of broad participation in the process.
  Haiti remains one of the world's poorest countries, with a per capita 
income of $380 per year. However, it has taken some important steps. 
Inflation is down to 8 percent, from about 50 percent in 1995. The 
budget deficit declined to less than 2 percent of GDP in 1998 and the 
exchange rate is stable. The economy has benefitted from a growth both 
in the assembly sector and in increased agricultural exports such as 
mangos and coffee; these factors contributed to an impressive growth 
rate of 4 percent last year.
  Haiti is also trying hard to tackle a drug transshipment problem. In 
the last 3 weeks, the police leadership has made several arrests in 
several drug busts ranging from 13 pounds and 15 pounds of cocaine, to 
another one believed to amount to over 1,500 pounds. The police 
leadership are making admirable efforts to keep its ranks clean, 
arresting four of its own officers in connection with that last 
incident.
  I believe today's resolution keeps Haiti in proper perspective and 
embraces the spirit of democratic progress. It encourages the United 
States and the international community to provide assistance to the 
elections, urges the government of Haiti to remain engaged with civil 
society, and asks all elements of Haitian society to help promote a 
climate of peaceful environment for the elections. This last part is 
important because a group of Haitian business representatives led by 
Mr. Lionel DeLatour reminded me during my trip, no one sector holds a 
monopoly on blame for transgressions. The resolution commends the 
Provisional Electoral Council, whom I also met with 2 weeks ago, for 
its efforts to resolve the controversial 1997 elections.
  I urge your support of this resolution and I commend our report to 
your attention, which I am inserting into the Record.

                Haiti Trip Report, September 10-12, 1999


                                Congress of the United States,

                               Washington, DC, September 27, 1999.
     Hon. Madeleine K. Albright,
     Secretary of State, U.S. Department of State, Washington, DC.
       Dear Madame Secretary: On September 10-12, a House 
     Judiciary Committee congressional delegation traveled to 
     Haiti led by the Ranking Member, Representative John Conyers, 
     Jr. Other members of the codel included Representatives Tom 
     Campbell, Donald Payne, Earl Hilliard and Delegates Eni 
     Faleomavaega and Donna Christian-Christensen.
       The trip focused on three general areas of interest: (1) 
     The pending elections and the preparations necessary to 
     undertake them; (2) the Department of Justice's ongoing role 
     in police training and judicial reform; and (3) counter-
     narcotic activities.
       The Congressional delegation's report contains specific 
     recommendations for actions by the Executive Branch and the 
     object of continuing your progress in the consolidation of 
     democracy in the nation of Haiti.
           Respectfully Submitted,
     John Conyers, Jr.
     Tom Campbell.
     Eni Faleomavaega.
     Donald M. Payne.
     Earl F. Hilliard.
     Donna M. Christensen.
                                  ____



                                Congress of the United States,

                               Washington, DC, September 27, 1999.
     Hon. Janet Reno,
     The Attorney General, U.S. Department of Justice, Washington, 
         DC.
       Dear Madam Attorney General: On September 10-12, a House 
     Judiciary Committee congressional delegation traveled to 
     Haiti led by the Ranking Member, Representative John Conyers, 
     Jr. Other members of the codel included Representatives Tom 
     Campbell, Donald Payne, Earl Hilliard and Delegates Eni 
     Faleomavaega and Donna Christian-Christensen.
       The trip focused on three general areas of interest: (1) 
     The pending elections and the preparations necessary to 
     undertake them; (2) the Department of Justice's ongoing role 
     in police training and judicial reform; and (3) counter-
     narcotic activities.
       The Congressional delegation's report contains specific 
     recommendations for actions by the Executive Branch and the 
     Congress, with the object of continuing your progress in the 
     consolidation of democracy in the nation of Haiti.
           Respectfully Submitted,
     John Conyers, Jr.
     Tom Campbell.
     Eni Faleomavaega.
     Donald M. Payne.
     Earl F. Hilliard.
     Donna M. Christensen.
                                  ____



                                Congress of the United States,

                               Washington, DC, September 27, 1999.
     Hon. Henry Hyde,
     Chairman, House Judiciary Committee,
     Washington, DC.
       Dear Chairman Hyde: You authorized a House Judiciary 
     Committee congressional delegation to travel Haiti between 
     September 10th and 12th. The delegation was led by the 
     Ranking Member, Representative John Conyers, Jr. Other 
     members of the codel included Representatives Tom Campbell, 
     Donald Payne, Earl Hilliard and Delegates Eni Faleomavaega 
     and Donna Christian-Christensen.
       The trip focused on three general areas of interest: (1) 
     the pending elections and the preparations necessary to 
     undertake them; (2) the Department of Justice's ongoing role 
     in police training and judicial reform; and (3) counter-
     narcotic activities.
       The Congressional delegation's report contains specific 
     recommendations for actions by the Executive Branch and the 
     Congress, with the object of continuing progress in the 
     consolidation of democracy in the nation of Haiti.
           Respectfully Submitted,
     John Conyers, Jr.
     Tom Campbell.
     Eni Faleomavaega.
     Donald M. Payne.
     Earl F. Hilliard.
     Donna M. Christensen.
                                  ____


                              Introduction

       From September 10th to September 12th, 1999, Congressman 
     John Conyers, Jr., the Ranking Member of the House Judiciary 
     Committee, led a bipartisan congressional delegation (CODEL) 
     to Haiti. The delegation focused on upcoming elections and 
     issues relevant to their successful undertaking such

[[Page H8773]]

     as international monitoring, the proper role of the police 
     and building confidence in the political process. It also 
     looked at the status of police training, the U.S. Department 
     of Justice's role in the establishment of an independent 
     judiciary, and the efficacy of anti-drug operations.
       The members of the CODEL included: Rep. John Conyers, Jr., 
     Chairman (D-MI); Rep. Tom Campbell (R-CA); Rep. Donald Payne 
     (D-NJ); Rep. Earl Hilliard (D-AL); Del. Eni Faleomavaega (D-
     AS); and Del. Donna Christian-Christensen (D-VI).
       In 1990, Jean Bertrand-Aristide was elected president in 
     Haiti's first legitimate, democratic elections. A year later 
     he was overthrown in a coup d'etat and a violent military 
     regime took over, ruling by repression and fear. In 1994, a 
     United States-led multinational force restored democracy to 
     Haiti. Ever since then, Haiti has been grappling with 
     complicated economic, political and social questions 
     necessary for the consolidation of democracy. This report 
     explores some of those challenges and is meant to provide 
     some useful observations.
       In addition to having jurisdiction over operations of the 
     Department of Justice generally, the Judiciary Committee has 
     explicit jurisdiction over enforcement of federal drug 
     statutes, administration of the federal courts, treaties, 
     conventions and other international agreements. It also has 
     jurisdiction over immigration and related issues.
       The delegation objectives were:
       Evaluate progress of investigations into human rights 
     violations and the role of US assistance, particularly as it 
     relates to the police.
       Examine the impact of the withdrawal of the permanent U.S. 
     military presence.
       Determine the status of judicial reform and the efficacy of 
     US assistance.
       Observe preparations for the elections and make judgments 
     regarding the timetable, the technical steps necessary for 
     their undertaking, the ability of the police to maintain a 
     secure environment, and the role of international observers.
       Make observations regarding the public's confidence in the 
     electoral process, the competence of electoral institutions, 
     and the likelihood of broad civic participation in the 
     process.
       Our findings and recommendations follow.

                               The Police


                               background

       After the restoration of democracy to Haiti in 1994, the 
     U.S. Department of Justice's International Criminal 
     Investigative Training Assistance Program (ICITAP) 
     established the Haiti Police Development Program. In the 
     first phase of this program, ICITAP trained 5200 members of 
     the Haitian National Police (HNP). By next year, ICITAP hopes 
     to have established permanent education programs allowing the 
     HNP to become more self-sufficient, institutionalized issues 
     of integrity and civic duty, and set guidelines for the 
     formation of specialized units such as CIMO, the riot control 
     squad, and the BLTS, the counter-narcotics unit.
       The delegation met with representatives of ICITAP, as well 
     as OPDAT (the Overseas Prosecutorial Development Assistance 
     Program), the US Department of Justice program responsible 
     for judicial reform assistance. Their budget for FY 1999 is 
     $6.1 million.\1\
---------------------------------------------------------------------------
     Footnotes at end of text of article.
---------------------------------------------------------------------------
       A number of things suggest that on the bureaucratic level, 
     the police will meet ICITAP's goals. For example, in the past 
     seven months, three classes have come through the police 
     academy which were 100% trained by Haitians with about 100 
     cadets in each class. Also, the fact that the HNP developed 
     their own annual budget this year for the first time is an 
     encouraging sign.


                      challenges facing the police

       The Haitian National Police, however, continue to face 
     serious challenges including (1) continued problems with 
     excessive use of force, human right abuses and mistreatment 
     of prisoners; (2) drug trafficking within the force; and (3) 
     keeping the police politically neutral and effectively 
     engaged in providing security. Looming large in the 
     foreground of these questions is what the impact of the U.S. 
     troop withdrawal will be, the probable elimination of the 
     police mentoring mission (CIVPOL), and the scaling down of 
     the UN/OAS civilian mission's (MICIVIH) human rights 
     monitoring work.

                       Attrition and recruitment

       In response to concerns raised earlier this year by the 
     House Appropriations Committee, the HNP in cooperation with 
     ICITAP, conducted a study on attrition which concluded that 
     attrition was not as bad as it seemed on the surface. 
     According to this study, 1056 police left the force 
     voluntarily or involuntarily between 1995 and April 1999. The 
     overwhelming number of separations were dismissals: 602 
     police agents and 230 civilian employees fired. The 
     justifications for dismissal ranged from corruption and 
     alleged murder to poor punctuality. There is also a serious 
     attrition problem of another kind: 115 officers have been 
     killed since 1995.\2\ As a consequence of the study, the HNP 
     now systematically utilizes exit interviews.
       The CODEL was alarmed to hear drastically varying estimates 
     of the actual number of police active in the force. While the 
     official figure is 6500, several sources in Washington, and 
     Haiti assert that the actual number is probably more in the 
     range of 3500-4000. This is alarming for a number of reasons: 
     First of all, the need for police will be great in the months 
     leading up to elections. Second, a reduction in the actual 
     number of police could result in an over-reliance on elite 
     forces, and third, it places tremendous strain on the active 
     duty officers who are already expected to work unreasonably 
     long weeks.

                          Human rights abuses

       The human rights situation is a marked improvement from the 
     years of the de facto regime and abuses do not appear to have 
     any kind of pattern. The CODEL does however have serious 
     concerns about the general conduct of the police and certain 
     incidents in particular.
       A top priority of the delegation was investigating the 
     involvement of the HNP in the execution of eleven people on 
     May 28, 1999 in the neighborhood of Carrefour Feuille. 
     Protests in the days following were so violent that the 
     Justice Minister and the Prime Minister had to flee the 
     funeral services for the victims. The Minister of Justice has 
     appointed a three judge panel to investigate the incident and 
     six members of the HNP are currently in jail.
       The National Coalition for Haitian Rights (NCHR) has 
     complained that the Minister should not have appointed the 
     panel without the Inspector General's report and is very 
     concerned that the case will be mishandled. MICIVIH has 
     criticized handling of Carrefour, arguing that some suspects 
     are being held in isolement, an extra-constitutional and 
     arbitrarily-created form of detention where the suspects have 
     not been charged. It is also generally worried that the 
     investigation is proceeding very slowly. Robert Manuel, the 
     Secretary of State for Public Safety, personally promised 
     Rep. Conyers progress on this investigation and an update in 
     the near future to be announced publicly.
       Earlier in the day of May 28, riots erupted in Port-au-
     Prince when a demonstration organized by a group of 
     businesses and civil society organizations speaking out for 
     peaceful elections faced counter demonstrators throwing 
     rocks. The demonstration's organizers have charged that the 
     behavior of the police exhibited a bias in favor of the 
     counter-demonstrators, while the counter-demonstrators 
     dismiss the allegations. The role of CIMO, the riot control 
     unit formed in 1997 to handle such incidents, is at the 
     center of some of the charges of police misconduct. For 
     example, last year CIMO was dispatched to the town of 
     Mirebalais and along with UDMO (the departmental crowd 
     control unit) and GIPNH (a SWAT team), shares responsibility 
     for severe abuses of a number of political activists. CIMO's 
     accountability and public perception could be improved vastly 
     by changing its uniforms, which lack badges. This measure, 
     suggested by the U.S. Department of Justice last year, has 
     not been implemented.
       In May and June, MICIVIH learned of 16 cases of people 
     being killed by a vigilante group. On May 13, an 
     investigation team sent to Titanyen discovered the bodies of 
     two people who had been taken away from Bois Neuf that 
     morning by a group of people, two of them in police 
     uniform. Since then, a total of 14 bodies have been 
     discovered in graves in the area. Progress in this 
     investigation has reportedly been extremely slow as well 
     and the delegation would like to get status report soon.
       In 1998, MICIVIH recorded 423 incidents of police 
     brutality. Law enforcement misconduct has inspired a popular 
     campaign against the HNP leadership. Local organizations, 
     many of which appear to be aligned with Fanmi Lavalas, have 
     been demanding the resignation of the police director, Pierre 
     Denize and Bob Manuel, the Secretary of State for Security.
       There is an active collective of indigenous organizations 
     that carry out human rights activities, many of which the 
     CODEL met with, but it is clear that they operate at great 
     personal risk. For example, on March 8, Pierre Esperance, 
     Director of the Haiti office of NCHR, was shot and injured 
     shortly after a threatening flyer was found near his office. 
     Some of these organizations, such as those encountered by 
     delegation staff in Gonaive, are awaiting certification as 
     official NGO's from the Haitian Ministry of Social Affairs. 
     It is critical that such bureaucratic obligations are 
     undertaken so that these organizations are able to fill any 
     void left by a downgraded or nonexistent MICIVIH, which has 
     been pivotal in training these indigenous groups.

                    Police role during the elections

       The police have thus far managed to keep their distance 
     from politics, a major step forward for a country with a deep 
     history of the politicization of law enforcement. This is a 
     tremendous break from the past, when law enforcement served 
     as the long arm of executive power. However, the elections 
     will present other challenges as well, such as the potential 
     for violence against candidates. For example:
       On September 5, a gunman fired on Sauveur Pierre Etienne, 
     secretary of the OPL, an opposition party.
       In March, Sen. Jean Yvon-Toussaint was killed in front of 
     his home. On August 24, gunmen shot at the home of Emmanuel 
     Charles, one of the nine members of the Provisional Electoral 
     Council (CEP).
       On August 21, another CEP official experienced a 
     carjacking.
       In July, election offices in Gonaives and Jacmel were set 
     afire.

[[Page H8774]]

       The State Department plans on augmenting CIMO for the 
     elections and is working on approving contracts for new riot 
     control equipment. It has also suggested a ``non-violence 
     pact,'' to be signed by all participating parties.

                                 Drugs

       According to the Drug Enforcement Administration (DEA), 
     approximately 2720 kilograms of cocaine were seized coming 
     from Haiti between May 1998 and June 1999. Most drugs are 
     smuggled into Haiti via ships, although airdrops and cargo 
     shipments are also used. Most of the drug smuggling is done 
     by Colombians who either live in Haiti or routinely travel 
     there.
       Although Haiti still has not signed a formal ship-rider 
     agreement, the U.S. Coast Guard claims that it has ``carte 
     blanche'' to conduct overflights or board any vessel at any 
     time as long as the Haitian authorities are informed in real 
     time. If this is indeed the case, and drug shipments from 
     Haiti are on the rise, then the most logical improvement 
     would be to dramatically increase the U.S. law enforcement 
     presence, particularly the Coast Guard.
       Haiti does not have asset seizure laws, therefore law 
     enforcement agents cannot confiscate large sums of money. 
     Neither does it have domestic laws relating to money 
     laundering and it will not have any until the new parliament 
     is in place next year. In the meantime, President Preval has 
     sought the voluntary cooperation of private banks by 
     requesting them to ask pertinent questions of clients who 
     make large deposits and to help provide such information to 
     the government for tax collection purposes. When the 
     delegation inquired about this arrangement with business 
     representatives, they stated that the assets of the banking 
     sector are sector are actually very small. Nevertheless, the 
     delegation hopes such cooperation with Preval's proposal is 
     forthcoming.


                       the international presence

                      The UN/OAS civilian mission

       NICIVIH is being phased out due to the withdrawal of U.S. 
     assistance. The mission plans on going to the UN General 
     Assembly for a new mandate, replacing the current one 
     authorized by the UN Security Council under the MIPONUH 
     (United Nations Civilian Police Mission in Haiti) banner. 
     This means the UN share of funding would come from the 
     General Assembly, while the OAS will continue to contribute 
     their share. The new mission will have some police monitoring 
     component and probably will combine the MIPONUH and MICIVIH 
     functions. Plans on how to facilitate this transition are 
     still in the air but a temporary extension of the current 
     mandate is a possibility. In the opinion of the delegation, a 
     premature withdrawal of MICIVIH would leave a substantial gap 
     in the human rights monitoring capabilities in Haiti simply 
     because local organizations lack experience. Any phase out 
     over the next year should attempt to minimize this impact.

                              U.S. troops

       On June 9, the House voted 227-198 for an amendment to the 
     Defense Authorization bill offered by Reps. Ben Oilman (R-
     NYC) and Porter Foss (R-FE) to withdraw U.S. troops from 
     Haiti. Every member of the MODEL opposed this amendment. The 
     amendment, if it becomes law, would end the U.S. Support 
     Group in Haiti, an outgrowth of Operation UPHOLD DEMOCRACY in 
     1994. The Clinton Administration strongly opposed the 
     amendment, pointing out that the Support Group has built 
     roads and provided health care to thousands of Haitians, and 
     arguing that a premature withdrawal would be disruptive to 
     the pre-election security climate. The delegation is 
     particularly concerned about the withdrawal in light of the 
     phasing out of MICIVIH. These two events combined will leave 
     vacuum that Haiti can ill afford. The administration has 
     pledged to maintain a U.S. presence by rotating troops in for 
     specific humanitarian missions.


                          congressional issues

       The House International Relations Committee and the Senate 
     Foreign Relations Committee have frozen the U.S. contribution 
     to MICIVIH, which gets about 60% of its funding from the UN 
     and 40% from the OAS. Previously, the US paid roughly $3.2 
     million of the $5 million OAS share per year. The Senate 
     Foreign Relations Committee has a hold on a $425,000 arrears 
     payment. The delegation believes this Congressional hold is 
     counterproductive to the establishment of democratic 
     institutions in Haiti and undercuts the role of a key 
     international presence.
       Recommendations relating to law enforcement:
       When the new parliament takes office in 2000, the passage 
     of forfeiture laws and legislation to combat money laundering 
     should be a top priority. Until then, the private sector 
     should recognize their responsibility to voluntarily provide 
     such information.
       The U.S. Congress needs to at least ensure that any MICIVIH 
     phase-out minimizes any human rights observation void. 
     Releasing the Senate Foreign Relations Committee's hold on 
     $425,000 in arrears would facilitate a smooth transfer of 
     responsibility to local organizations.
       The delegation urged Manuel and Denize to make public 
     announcements when they launch an investigation into serious 
     police misconduct. This will increase confidence in criminal 
     investigations.
       Increase the U.S. Coast Guard presence in Haiti.
       A non-violence pact prior to the elections is a good idea, 
     but it should originate from within the Haitian system, for 
     example from the CEP.
       The Haitian Ministry of Social Affairs should do everything 
     it can to expedite requests from NGO's requesting formal 
     certification.
       If CIMO should continue to receive equipment and additional 
     training from the US, the HNP should take steps to improve 
     its accounability and public image.
       The political section of the U.S. Embassy and USAID should 
     continue to reach out to local human rights organizations, 
     who have explicitly expressed a desire to increase contact.

                          The Judicial Branch


                               background

       The Haitian judicial system is corrupt and extremely slow. 
     Many of the judges are holdovers from the years of the 
     Duvalier dictatorship. An increasing problem is the 
     vulnerability of judges to corruption from drug trafficking 
     networks; this is partially linked to the fact that judges 
     still receive very low pay.
       The delegation was impressed with the new Minister of 
     Justice, Camille LeBanc. He described his priorities as 
     hiring a new generation of qualified professionals, 
     modernizing outdated laws, and increasing the resources 
     available, in particular for justices of the peace and those 
     involved in judicial processes at the local level. He plans 
     to provide justices of the peace with transportation, 
     enabling them to be the first line of investigation against 
     voter fraud during the elections, and he intends to permit 
     the commissaries at the regional level to investigate 
     allegations made by one candidate against another. Both 
     seem like sensible ideas if implemented properly, in which 
     case could make important contributions to a climate of 
     confidence during the election cycle.


              the united states and the haitian judiciary

                U.S. Administration of Justice programs

       The U.S. has been helping Haiti reform its judicial system 
     through its Administration of Justice (AOJ) program. The 
     project began with an agreement signed between the U.S. and 
     the legitimate government of Haiti in 1993. Over the last 
     five years, the Agency for International Development has 
     spent $20 million out of $27 million committed.
       Most of the AOJ programs concluded this summer, including 
     programs to improve the competency of judicial personnel by 
     mentoring judges, distributing legal materials, and working 
     with bar associations. The projects providing legal 
     assistance, advocacy training, and conducting public 
     education on human rights and women's rights wound down as 
     well.
       Since the AOJ program began, over 50,000 individuals have 
     received legal assistance and information from Non-
     Governmental Organizations funded through USAID and its 
     subcontractor, Checci. The Department of Justice's Overseas 
     Prosecutorial Development and Training Assistance Program 
     (OPDAT) has trained over fifty magistrates and parquets 
     (model prosecutors) in jurisdictions throughout the country. 
     In the new five year plan, USAID and the Ministry of Justice 
     expect to revive this program substantially as well as 
     establish new training efforts related to commercial 
     arbitration. For its part, OPDAT expects to train 50-100 more 
     magistrates.

            The U.S. Government and the question of impunity

       During the restoration of democracy, the U.S. Army seized 
     documents, photographs and other materials from the 
     headquarters of the FAd'H (the Haitian army) and FRAPH (the 
     Front for the Advancement and Progress of Haiti), a 
     paramilitary organization with links to the Central 
     Intelligence Agency. The delegation firmly believes that all 
     of these materials should be returned immediately.\3\
       While the FRAPH documents will not solve all of Haiti's 
     problems with the justice system, a long and productive 
     meeting with local human rights organizations in Port-au-
     Prince convinced the delegation that they are extremely 
     important to many Haitians. Their return would in a concrete 
     way assist lawyers investigating the thousands of murders 
     that occurred during the period of de facto rule and in a 
     broader sense contribute to a much needed sense of 
     reconciliation.
       A study by the American Law Division of the Congressional 
     Research Service concluded that the documents are the 
     property of the Haitian Government, and it is clear the 
     seizure violated the spirit, if not the letter, of the 
     Multinational Force's mandate. Claims by the Department of 
     Defense and other branches of the U.S. government that the 
     documents needed to be redacted to comply with the Privacy 
     Act are simply without merit. The documents should be 
     returned in their original form.
       Supposedly the U.S. Government has re-opened talks on the 
     issue with the new Minister of Justice, Camille LeBlanc. The 
     CODEL hopes that an inter-governmental committee can begin 
     talks soon.


                           the prison system

       Overcrowding in the prisons remains a serious problem. The 
     population in detention has doubled in the last 2-3 years to 
     over 3000 people, about 80% of whom are in pre-trial 
     detention. For the last several years, a $1.2 million prison 
     reform project has been funded by USAID and carried out by 
     the UN Development Program. Much progress has been

[[Page H8775]]

     made, but a registry at the national penitentiary is still 
     incomplete.
       While the staff delegation did not tour the prison in 
     Gonaive, it has been recently refurbished--partly in the 
     expectation that there will be convictions in the Raboteau 
     Massacre case. We were also encouraged to hear reports that 
     even though prison officials sometimes have shortages of 
     food, the conditions are generally decent compared to the 
     rest of the country. This is clearly a testament to the 
     excellent work of the MICIVIH field office and the local 
     NGO's they have been training. Unfortunately, the NGO's did 
     note that the police, i.e., those outside of the prisons, 
     continue to be abusive. Significant work remains to be done 
     before organizations such as these are capable of filling a 
     void left by the departure MICIVIH.


                          congressional issues

       The Senate Appropriations Subcommittee on Foreign 
     Operations has a hold of $2.5 million due to concerns that 
     the judicial project redesign was prepared without the 
     involvement of the Justice Minister. As LeBlanc moves forward 
     with judicial reform, more resources will become available.
       The delegation would like to convey to Congress that the 
     Government of Haiti has assumed more of the costs of the 
     Ecole de la Magistrature, which is a positive sign toward 
     meeting Congressional conditionalities.
       Recommendations related to the judiciary:
       The Minister of Justice needs to set a numerical goal for 
     reduction of the prison population. An inter-governmental 
     committee including the Haitian Minister of Justice should be 
     formed immediately to begin the return of the FRAPH documents 
     to the Government of Haiti in their original form.
       The Government of Haiti should demonstrate its commitment 
     to judicial reform by approving the program agreed to at the 
     donors meeting on July 6, 1998, appointing new staff, and 
     passing legislation relating to the magistrates school and 
     other matters relevant to the establishment of an independent 
     judiciary.

                             The Elections


                               background

       On April 6, 1997, Haiti held elections for nine Senate 
     seats, two vacant seats in the Chamber of Deputies (the lower 
     chamber of parliament) and local government positions.\4\ The 
     turnout of these elections was only about 5% by most 
     estimates and there were charges of serious fraud. Other 
     problems included a decision by the CEP to not count blank 
     ballots, official publication of the election results without 
     the approval of the prime minister, and voter confusion due 
     to inadequate civic education. The only positive aspect in 
     the eyes of many observers was that reports of election 
     violence were minimal. The controversy surrounding the 
     elections culminated in the resignation of Prime Minister 
     Rosny Smarth on June 9, 1997, who sought to distance himself 
     from tainted elections.
       When elections scheduled for the fall of 1998 did not take 
     place, the parliament voted to extend its term. A 
     constitutional crisis erupted in January 1999 when President 
     Preval refused to recognize the vote and announced he would 
     rule by electoral decree. The parliament responded by 
     charging Preval with trying to rule as a dictator.\5\ 
     Eventually, the dispute was resolved after negotiations 
     between an informal group of political parties called the 
     Espace de Concertation and the executive branch were able to 
     choose a CEP.

                             New elections

       The upcoming elections will run seats for the Chamber of 
     Deputies, most of the Senate seats, as well as the Communal 
     Administration Councils (CASECs), the Communal Assemblies 
     (ASECs) and City Delegates. They were originally set to take 
     place on November 28. A few days prior to the delegation's 
     arrival, the CEP declared that the elections would take place 
     on December 19. After our return, President Preval announced 
     the formation of a committee to look at election schedules.
       Much of the political wrangling this summer among the CEP, 
     the president, the Prime Minister and the major political 
     parties centered on whether 17 or 19 Senate seats would be 
     run, since the latter number would indicate rerunning the two 
     contested Senate seats that went to Lavalas candidates in the 
     1997 elections. On June 11, the CEP announced that it was 
     effectively annulling the results of those elections. 
     Subsequent statements describing what it means by ``running 
     all vacant seats'' have clarified that elections will be held 
     for all 19 Senate seats. Lavalas has indicated that it will 
     participate in these elections.


                            election issues

                           Voter registration

       A key goal of the CODEL was to determine whether 
     preparations for these elections are proceeding on schedule. 
     The information collected varied greatly: The National 
     Coalition for Haitian rights believes that the timetable for 
     the elections is too short and that more time is needed to 
     organize voter registration, hire staff for the CEP, and 
     restore confidence in the HNP.\6\ The National Democratic 
     Institute (NDI) believes the technical preparations are 
     unnecessarily elaborate and will result in delayed elections. 
     Similarly, the International Republican Institute (IRI) 
     believes that while the cards are a useful long term goal, 
     they are probably infeasible by December. The International 
     Foundation for Election Systems (IFES), which is handling 
     much of the technical preparations, believes the preparations 
     are necessary and achievable.
       A postponement of the elections until next year would 
     probably be contentious. Critics of a delay, such as the U.S. 
     embassy and most of the political opposition parties, argue 
     that it would allow political candidates to run on the 
     coattails of Aristide, who will be running for president. 
     Second, they note that since the constitution stipulates that 
     the parliament must be in place by the second week of 
     January, any extension of the parliament's term would 
     probably violate that provision. Finally, they suggest that a 
     delay would undermine confidence; a potential hazard could be 
     a boycott of the elections by some opposition parties. The 
     delegation urges those parties to not withdraw from the 
     political process by doing so.
       The issuance of voter identification cards for the election 
     is a controversial issue because many Haitians believe it is 
     simply infeasible for 4.5 million voters to get an ID card in 
     time for the elections and an unsuccessful attempt to do so 
     would result in an urban bias in the electoral results. 
     Moreover, Prime Minister Alexis expressed outrage that the 
     funding for the contract, which went to Code Canada, 
     circumvented the Haitian Ministry of Finance and the CEP. 
     Former president Aristide and many other NGOs suggested that 
     implementation of the voter ID plan begin in both the urban 
     and rural areas with equal vigor, an idea that seems 
     eminently reasonable to the CODEL.
       The delegation believes that a postponement of the 
     elections is all but certain. Regardless of when they take 
     place, the massive undertaking of voter ID cards should begin 
     as soon as equipment is in place and staff has been trained. 
     Various factors indicate that any fallout from delay could be 
     mitigated by assurances that two elections--one for the 
     president and one for the parliament--take place. During 
     meetings in Haiti and in Washington, representatives of the 
     Haitian business community assured the delegation that having 
     two separate elections is more important than having the 
     elections in December. The words of the President of the BED 
     (the regional electoral council) for Gonaive and the 
     Artibonite region are illustrative; he emphasized during a 
     meeting with delegation staffers that ``when elections take 
     place is less important than having people motivated, 
     educated and prepared for them.''

                          Election Observation

       As in 1997, the bulk of the international observation will 
     be carried out by the Organization of American States (OAS). 
     The Inter-American Commission of Human Rights will also help.
       MICIVIH has also played an important role during elections 
     by monitoring freedom of expression and human rights aspects 
     as they relate to electoral participation and they plan to do 
     so this year as well. Until recently, it has 120 permanent 
     observers throughout the country, but due to cutbacks and the 
     expiration of the UN Mission on November 30, it has been 
     phasing out its operations.
       Two indigenous election observation coalitions have sprung 
     up: the first is the National Electoral Observer Network 
     (RENO), started by a group of business people which hopes to 
     place 4000 observers around the country. The other is the 
     National Civic Network (RCN), composed of center-Right 
     political organizations. The delegation was encouraged by 
     signs that these two coalitions have been cooperating with 
     each other.
       Earlier this summer, IRI, the counterpart to NDI, pulled 
     out of Haiti citing physical danger to their staff. IRI had 
     been the focus of a campaign against their effort to organize 
     a coalition of political parties into a bloc. NDI is 
     continuing its work with the Civic Forum, a project it began 
     in October 1997 to provide civic education to citizens around 
     the country. It plans to help encourage voter participation 
     in the elections, sponsor candidate debates and train non-
     partisan election observers. They will be receiving State 
     Department funding for their election work. The delegation 
     condemns any violence against IRI or any American NGOs and 
     hopes that Haitians will welcome foreign observers in the 
     next elections.


                          congressional issues

       The FY 1999 Foreign Operations Appropriations Act set up 
     criteria that must be met before the U.S. can provide 
     assistance for the elections.\7\ On August 16, President 
     Clinton certified to Congress that ``the central Government 
     of Haiti: (1) has achieved a transparent settlement of the 
     contested April 1997 elections, and (2) has made concrete 
     progress on the constitution of a credible and competent 
     provisional electoral council that is acceptable to a broad 
     spectrum of political parties and civic groups in Haiti.'' 
     The first criteria was met when the CEP annulled the 1997 
     elections on June 11 and with the promulgation of the 
     electoral law, published on July 19 and corrected on July 22. 
     The second criteria was met based on a fair process utilizing 
     the Espace de Concertation that picked the CEP in March and 
     by judging how they have acted since.
       The delegation urges Congressional leaders to recognize the 
     extraordinary circumstances at play in Haiti and to remain 
     committed to funding free, fair and widely participatory 
     elections in Haiti.
       Recommendations relating to the elections:
       If the implementation plan for the ID cards moves forward 
     as planned, it should occur in urban and

[[Page H8776]]

     rural areas simultaneously in order to prevent a geographical 
     bias in turnout. It will also help secure the confidence of 
     the rural population in the process.
       While it is highly unlikely that the voter ID cards will 
     reach the more than 4 million voters by December, they are 
     nonetheless a worthy goal and the process should begin as 
     soon as possible.
       Two separate electoins--one for parliament and one for the 
     presidency--need to take place and the political leadership 
     of Haiti needs to publicly maintain that commitment.
       U.S. assistance for the elections is crucial and Congress 
     needs to remain committed to them, even if there should be a 
     brief postponement.


                               FOOTNOTES

     \1\ The amount of that money going to outside consultants has 
     been decreasing. ICITAP-Washington sees this as an 
     encouraging development that is a result of re-competing 
     their contracts, which are now with DYNCORPS and SAIC.
     \2\ The UN Secretary General's report of May 10, 1999, gave 
     even higher numbers: 50 killed in 1996, 53 in 1997, 31 in 
     1998, and at least 16 this year for a total of 159.
     \3\ These demands were enumerated in some detail in three 
     letters from a sum total of 80 members of Congress sent to 
     President Clinton and Secretary of State Warren Christopher.
     \4\ The local government positions included 5,883 members of 
     the Territorial Assembly and 392 Town Delegates, all of whom 
     serve two year terms. A second round of elections is usually 
     necessary. These runoff elections were scheduled for June 15, 
     1997 but were postponed indefinitely due to the controversy 
     surrounding the first round.
     \5\ The Constitution says members of parliament should serve 
     four year terms but a 1995 presidential decree (issue by 
     Aristide and accepted without controversy) said the tenure 
     for current members of parliament should end in January 1999. 
     The decree was meant to correct an election schedule 
     disrupted by the military dictatorship that ruled form 1991-
     1994.
     \6\ See ``Violence Threatens Haiti Elections,'' An NCHR 
     Briefing Paper, July 1999.
     \7\ Section 561(b) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act for FY 
     1999. (Public Law 105-277).

          Appendix A: Partial List of Meetings and Interviews

     President Rene Preval
     Former President Jean-Bertrand Aristide
     Camille LeBlanc, Minister of Justice and Gabriel Zephyr
     Robert Manuel, Secretary of State for Public Safety
     Pierre Denize, Director of the HNP
     Debussy Daimier, Carlo Dupiton, Micheline Figaro, Irma Rateau 
         of the CEP
     Colin Granderson, Director of MICIVIH
     The Center for Free Enterprise and Democracy (CLED)
     The Chamber of Commerce
     Viles Alizar, The National Coalition of Haitian Rights (NCHR)
     Johnson Aristide & Mondesir Jean Gaston, Soley Jistis 
         Demokrasi (SOJIDEM), ``The Sun of Justice''
     Jocie Philistin & Lovinsky Pierre-Antoine, Fondasyon 30 
         Septanm, ``The September 30th Foundation''
     Lesly St. Vil, MAP VIV
     Paul Rony, Popular Democratic Organization of Raboteau (OPDR)
     Brian Concannon, Bureau des Avocats Internationaux
     Vincent Louis, Peace Brigades International
     Robert August, Ayiti Kapab
     Gergard Phillipe August, MOP
     Marc Basin, MIDH
     Victor Benoit and Micha Gaillard, KONAKOM
     Gerard Pierre Charles, Sen. Yvelt Cheryl and Paul Dejucan OPL
     Hubert de Ronceray, MDN
     Fr. Edner Devalcin, Fanmi Lavalas
     Serges Gilles Panpra
     Evans Paul and Frea Brutus, KID
     Claude Roumain, Generation 2004
     Rene Theodore, MRN
     RENO
     RCN
     Auguste Augustin, Council Electorale Provence et Bureau 
         Electorale Dept Pierre Pierrot, President Organization 
         des Defence et Civics of Artibonite
     Joseph Elie
     The National Democratic Institute
     The United Nations Development Program
     Micheline Begin, International Foundation of Electoral 
         Systems
     Carl Le Van, Minority Staff, House Judiciary Committee
     Charisse Glassman, Minority Staff, House International 
         Relations Committee
     Caleb McCarry, Majority Staff, House International Relations 
         Committee
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H. Con. 
Res. 140, expressing the sense of the Congress that Haiti should 
conduct free, fair, transparent, and peaceful elections. I urge that 
these elections be held without delay. Haiti is the world's oldest 
black republic and the second-oldest republic after the United States 
in the Western Hemisphere. Haitians actively assisted the American 
Revolution and independence movements of Latin American countries.
  From 1843 until 1915, Haiti experienced numerous periods of intense 
political and economic disorder including 22 changes of government. The 
country continued to experience economic hardships and political 
dictatorship until December 1990 when Jean Bertrand Aristide, won 67% 
of the vote in a presidential election that international observers 
deemed largely free and fair. Aristide took office in February 1991. He 
was overthrown by dissatisfied elements of the army and forced to leave 
the country in September of that year. It has been estimated that 3,000 
Haitians were killed during the three years that President Aristide 
lived in exile. In 1993, President Aristide returned to Haiti and 
assumed the presidency of the country. The people of Haiti as well as 
many in the world, looked forward to democracy taking root and the 
development of a striving environment that would stimulate economic 
growth.
  President Aristide himself set in motion the presidential election 
process that led to his peaceful transference of power in accordance 
with the provisions of the Haitian constitution after the expiration of 
his five-year term. President Aristide stressed the importance of 
establishing the constitution precedent of a legitimate transfer of 
power for the future of Haitian democracy over his personal beliefs or 
that of his most ardent supports. On February 7, 1996, President Rene 
Preval was inaugurated as President of Haiti in the first peaceful and 
constitutional transfer of power from one freely elected president to 
another in that country. Through this unprecedented event, the 
political leaders of Haiti are viewed as committed to the permanent 
establishment of democratic processes in accordance with the Haitian 
constitution.
  During the past 18 months, Haitian leaders have been unable to reach 
agreement on critical issues. The environment of hope and the 
commitment to democracy have been hampered by the lack of a functioning 
government in Haiti since June 1997. Haitian political leaders must 
correct this. I applaud the establishment of the electoral council and 
urge the immediate establishment of dates for an election.
  Haiti has made progress with privatizing many state owned industries 
helping the economic conditions in the country. The once feared Police 
Force of Haiti is now thought by most citizens as doing a good job. 
However, foreign investors worry when no government is in place. And 
without a functioning government, economic reforms are becoming 
stagnant.
  Elections, without delay, are critical to restore the Parliament and 
restore a true democracy. I urge my colleagues to join me in supporting 
this resolution.
  Mrs. MEEK of Florida. Madam Speaker, I rise in strong support of H. 
Con. Res. 140--the resolution sponsored by my good friend from Florida, 
Representative Hastings. This resolution expresses the Sense of the 
Congress that Haiti should conduct free, fair, open and peaceful 
elections.
  The establishment of a constitutional government and functioning 
parliament in Haiti demands a commitment by the United States to 
support free and fair elections in Haiti. Earlier this year, President 
Rene Preval's government and six political parties signed an agreement 
aimed at resolving a costly and contentious political standoff that 
left Haiti without a functioning government for the past two years. 
This agreement paved the way for new parliamentary elections.
  There is no doubt that the political environment in Haiti is fragile. 
We know that since the resignation of the Prime Minister in June 1997, 
this impoverished country has experienced very disturbing violence. 
This volatile environment has altered the landscape of the country in 
ways that, among other things, has limited Haiti's ability to advance 
commerce and provide much needed services to a desperate people. Haiti 
is undergoing the strenuous birth pains of Democracy.
  Haiti is the poorest country in the Western Hemisphere and among the 
poorest nations in the world. There is no wonder that this budding 
democracy remains delicate.
  This goes to a larger issue. There are those in this body that do not 
want to support and advance democracy in Haiti. There are some who 
believe that democracy just springs up--that it just happens. The fact 
is that forging a democracy takes work. Look how hard we work to 
preserve democracy in America. In order to have a viable democracy in 
Haiti, the United States, as well as the international community, must 
play a critical role in providing the technical and logistical support 
needed for viable democratic elections.
  The United States has made a significant commitment to democracy in 
Haiti because it is in our national interest. In the past, political 
instability in Haiti has led to Haitian refugees flooding our borders 
seeking economic opportunity. If we do not want this to happen, the 
United States should keep its previous commitment to democracy in Haiti 
and help to facilitate free and open election. I urge my colleagues to 
support this resolution.
  Mr. GILMAN. Madam Speaker, I do not have any further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Gilman) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 140, as amended.

[[Page H8777]]

  The question was taken.
  Mr. GILMAN. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore (Mrs. Biggert). Pursuant to clause 8 of rule 
XX and the Chair's prior announcement, further proceedings on this 
motion will be postponed.

                          ____________________