Protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis

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Country/entity
Haiti
Region
Americas
Agreement name
Protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis
Date
23 Feb 1992
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Haitian Political Crisis (1991 - ) )
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Haitian peace process
Parties
(Signed) Jean-Bertrand ARISTIDE
President of the Republic of Haiti

(Signed) Déjean BELIZAIRE
President of the Senate and of the Parliamentary Negotiating Commission

(Signed) Alexandre MEDARD
President of the Chamber of Deputies and Vice-President of the Parliamentary Negotiating Commission
Third parties
-
Description
This agreement is about reinstating the President in exile Jean-Bertrand Aristide; the consolidation of democratic institutions; civil and political rights; an amnesty; an end to the embargo and sanctions; and international help.

Agreement document
HT_920223_ProtocolDefinitiveSolutionHaitianCrisis.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
Governance→Political institutions (new or reformed)→General references
Page 1, Article I:
The signatory parties to this protocol recognize and acknowledge the principle of the urgent necessity for a concerted and negotiated solution to the political and institutional crisis which Haitian society has been experiencing since President Jean-Bertrand Aristide went into exile on 30 September 1991, and that this solution, in order to be viable and lasting, must be sought within the context of respect for the Haitian Constitution and for national sovereignty and must lead to:
[...]
The establishment and consolidation of democratic institutions;
[...]

Page 1, Article II: With all these aims in view the signatory parties undertake to:
1. Encourage, consolidate and respect the principle of the separation of powers in accordance with the Constitution and, within that context, to work to set in place mechanisms for harmonization and collaboration so as to facilitate the establishment of the institutions provided for in the basic Charter;
2. Guarantee civil liberties and facilitate the free functioning of political parties and civic organizations in respect for the Constitution and the laws governing said organizations.

Page 1-2, Article III: The Parties recognize the necessity for the Haitian Parliament, which is the co-depository of national sovereignty, to:
1. Reinstate Jean-Bertrand Aristide in the exercise of his function as the
constitutionally-elected President of the Republic of Haiti and undertake to assist the Government of national consensus to bring about the conditions for the return of Jean-Bertrand Aristide to Haiti;
2. Draw up and pass laws to set in place the institutions provided for in the
Constitution, inter alia:
(a) The Act concerning territorial groups;
(b) The Act concerning separation of the police and the armed forces;
(c) The Act concerning operation of the Citizens' Protection Bureau;
3. To facilitate by laws and regulations, implementation of a policy of social peace and economic revival.

Page 2, Article IV: The parties recognize the necessity for President Jean-Bertrand Aristide to:
1. Respect the decisions taken and acts ratified by the Haitian Parliament. In the event of disagreement between the executive and the legislature, it shall be possible for either party to refer to the Conciliation Commission, in accordance with article 111-5 of the Constitution;
2. Agree that, during his absence, the Prime Minister shall take over management of the affairs of State, in accordance with article 148 of the Constitution.

Page 2-3, Article V: The parties recognize the need to:
[...]
3. Accept the new consensus Prime Minister chosen by President Jean-Bertrand Aristide in consultation with the President of the Senate and President of the Chamber of Deputies;
[...]
5. Recognize their obligation to undertake all necessary measures with a view to putting national institutions in a context that will enable them to take all decisions within their competence, in complete freedom, without having to suffer violent intervention, threats of violence from any force whatever;
[...]
7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.
[...]
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
Governance→Political parties reform→Other political parties reform
Page 1, Article II
2. Guarantee civil liberties and facilitate the free functioning of political parties and civic
organizations in respect for the Constitution and the laws governing said organizations.
Civil society
Page 1, Article II: With all these aims in view the signatory parties undertake to:
[...]
2. Guarantee civil liberties and facilitate the free functioning of political parties and civic organizations in respect for the Constitution and the laws governing said organizations.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
Governance→Constitution→Constitution affirmation/renewal
Page 1, Article I:
The signatory parties to this protocol recognize and acknowledge the principle of the urgent necessity for a concerted and negotiated solution to the political and institutional crisis which Haitian society has been experiencing since President Jean-Bertrand Aristide went into exile on 30 September 1991, and that this solution, in order to be viable and lasting, must be sought within the context of respect for the Haitian Constitution and for national sovereignty and must lead to:
[...]

Page 1, Article II: With all these aims in view the signatory parties undertake to:
1. Encourage, consolidate and respect the principle of the separation of powers in accordance with the Constitution and, within that context, to work to set in place mechanisms for harmonization and collaboration so as to facilitate the establishment of the institutions provided for in the basic Charter;
2. Guarantee civil liberties and facilitate the free functioning of political parties and civic organizations in respect for the Constitution and the laws governing said organizations.

Page 2, Article III:
[...]
2. Draw up and pass laws to set in place the institutions provided for in the Constitution, inter alia:
The Parties recognize the necessity for the Haitian Parliament, which is the co- depository of national sovereignty, to:
(a) The Act concerning territorial groups;
(b) The Act concerning separation of the police and the armed forces;
(c) The Act concerning operation of the Citizens' Protection Bureau;
[...]

Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 1, Article III: The Parties recognize the necessity for the Haitian Parliament, which is the co-depository of national sovereignty, to:
1. Reinstate Jean-Bertrand Aristide in the exercise of his function as the
constitutionally-elected President of the Republic of Haiti and undertake to assist the Government of national consensus to bring about the conditions for the return of Jean-Bertrand Aristide to Haiti;
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
Human rights and equality→Civil and political rights→Liberty and security of person
Page 1, Article 1:
The signatory parties to this protocol recognize and acknowledge the principle of the urgent necessity for a concerted and negotiated solution to the political and institutional crisis which Haitian society has been experiencing since President Jean-Bertrand Aristide went into exile on 30 September 1991, and that this solution, in order to be viable and lasting, must be sought within the context of respect for the Haitian Constitution and for national sovereignty and must lead to:
[...]
The implementation of measures to guarantee civil liberties, halt repression and prevent any attempts at revenge or settling of accounts.

Page 1, Article II:
With all these aims in view the signatory parties undertake to:
[...]
2. Guarantee civil liberties and facilitate the free functioning of political parties and civic organizations in respect for the Constitution and the laws governing said organizations.

Page 2, Article III:
The Parties recognize the necessity for the Haitian Parliament, which is the co- depository of national sovereignty, to:
[...]
2. Draw up and pass laws to set in place the institutions provided for in the Constitution, inter alia:
[...]
(c) The Act concerning operation of the Citizens' Protection Bureau;

Page 2, Article V:
[...]
5. Recognize their obligation to undertake all necessary measures with a view to putting national institutions in a context that will enable them to take all decisions within their competence, in complete freedom, without having to suffer violent intervention, threats of violence from any force whatever;
[...]
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
Page 1, Article I:
The signatory parties to this protocol recognize and acknowledge the principle of the urgent necessity for a concerted and negotiated solution to the political and institutional crisis which Haitian society has been experiencing since President Jean-Bertrand Aristide went into exile on 30 September 1991, and that this solution, in order to be viable and lasting, must be sought within the context of respect for the Haitian Constitution and for national sovereignty and must lead to:
[...]
The establishment and consolidation of democratic institutions;
[...]

Page 3, Article V: The parties recognize the need to:
[...]
7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.
[...]
Detention procedures
No specific mention.
Media and communication
Rights related issues→Media and communication→Media roles
Page 2, Article V:
[...]
2. Refrain from any ambiguous statement which could be interpreted as an incitement to violence;
[...]
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Article III: The Parties recognize the necessity for the Haitian Parliament, which is the co-depository of national sovereignty, to:
[...]
3. To facilitate by laws and regulations, implementation of a policy of social peace and economic revival.

Page 3, Article V: The parties recognize the need to:
[...]
7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.
[...]
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 3, Article V: The parties recognize the need to:
[...]
7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.
[...]
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 2, Article V: The parties recognize the need to:
[...]
5. Recognize their obligation to undertake all necessary measures with a view to putting national institutions in a context that will enable them to take all decisions within their competence, in complete freedom, without having to suffer violent intervention, threats of violence from any force whatever;
[...]
Ceasefire
No specific mention.
Police
Page 2, Article III:
The Parties recognize the necessity for the Haitian Parliament, which is the co- depository of national sovereignty, to:
[...]
2. Draw up and pass laws to set in place the institutions provided for in the Constitution, inter alia:
[...]
(b) The Act concerning separation of the police and the armed forces;
[...]

Page 3, Article V: The parties recognize the need to:
[...]
7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.
[...]
Armed forces
Page 2, Article III:
The Parties recognize the necessity for the Haitian Parliament, which is the co- depository of national sovereignty, to:
[...]
2. Draw up and pass laws to set in place the institutions provided for in the Constitution, inter alia:
[...]
(b) The Act concerning separation of the police and the armed forces;
[...]

Page 3, Article V: The parties recognize the need to:
[...]
7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.
[...]
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
Page 2-3, Article V: The parties recognize the need to:
[...]
5. Recognize their obligation to undertake all necessary measures with a view to putting national institutions in a context that will enable them to take all decisions within their competence, in complete freedom, without having to suffer violent intervention, threats of violence from any force whatever;
[...]
8. Reject and condemn any intervention by foreign armed forces in the settlement of Haitian affairs.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, Article V: The parties recognize the need to:
1. Proclaim a general amnesty, save for common criminals:
[...]
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 3, Article V:
The parties recognize the need to:
6. Recommend to Parliament that it should, as a matter of urgency, approve the request of President Jean-Bertrand Aristide to OAS to send the civilian OEA-DEMOC mission to Haiti;
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
Inter-American Commission on Human Rights:

http://www.cidh.org/

Protocol between President Jean-Bertrand Aristide and the

Parliamentary Negotiating Commission to find a Definitive

Solution to the Haitian Crisis

Washington D.C., 23 February 1992

Article I

The signatory parties to this protocol recognize and acknowledge the principle of the urgent necessity for a concerted and negotiated solution to the political and institutional crisis which Haitian society has been experiencing since President Jean-Bertrand Aristide went into exile on 30 September 1991, and that this solution, in order to be viable and lasting, must be sought within the context of respect for the Haitian Constitution and for national sovereignty and must lead to:

National concord;

The establishment and consolidation of democratic institutions;

The implementation of measures to guarantee civil liberties, halt repression and prevent any attempts at revenge or settling of accounts.

Article II

With all these aims in view the signatory parties undertake to:

1. Encourage, consolidate and respect the principle of the separation of powers in accordance with the Constitution and, within that context, to work to set in place mechanisms for harmonization and collaboration so as to facilitate the establishment of the institutions provided for in the basic Charter;

2. Guarantee civil liberties and facilitate the free functioning of political parties and civic organizations in respect for the Constitution and the laws governing said organizations.

Article III

The Parties recognize the necessity for the Haitian Parliament, which is the co- depository of national sovereignty, to:

1. Reinstate Jean-Bertrand Aristide in the exercise of his function as the constitutionally-elected President of the Republic of Haiti and undertake to assist the Government of national consensus to bring about the conditions for the return of Jean- Bertrand Aristide to Haiti;

2. Draw up and pass laws to set in place the institutions provided for in the Constitution, inter alia:

(a) The Act concerning territorial groups;

(b) The Act concerning separation of the police and the armed forces;

3. To facilitate by laws and regulations, implementation of a policy of social peace and economic revival.

Article IV

The parties recognize the necessity for President Jean-Bertrand Aristide to:

1. Respect the decisions taken and acts ratified by the Haitian Parliament.

In the event of disagreement between the executive and the legislature, it shall be possible for either party to refer to the Conciliation Commission, in accordance with article 111-5 of the Constitution;

2. Agree that, during his absence, the Prime Minister shall take over management of the affairs of State, in accordance with article 148 of the Constitution.

Article V

The parties recognize the need to:

1. Proclaim a general amnesty, save for common criminals:

2. Refrain from any ambiguous statement which could be interpreted as an incitement

to violence;

3. Accept the new consensus Prime Minister chosen by President Jean-Bertrand Aristide in consultation with the President of the Senate and President of the Chamber of Deputies;

4. Request the lifting of the embargo and the sanctions provided for in chapter I, paragraph 4, of resolution MRE-2/91 of the Organization of American States, immediately after confirmation of the Prime Minister and installation of the Government of national consensus;

5. Recognize their obligation to undertake all necessary measures with a view to putting national institutions in a context that will enable them to take all decisions within their competence, in complete freedom, without having to suffer violent intervention, threats of violence from any force whatever;

6. Recommend to Parliament that it should, as a matter of urgency, approve the request of President Jean-Bertrand Aristide to OAS to send the civilian OEA-DEMOC mission to Haiti;

7. Request the Organization of American States and the international community to provide the Government of national consensus with substantial assistance as a matter of urgency so as to revitalize the Haitian economy, promote social well-being, professionalize the armed forces and the police and strengthen the democratic institutions.

8. Reject and condemn any intervention by foreign armed forces in the settlement of Haitian affairs.

DONE in good faith, in triplicate at Washington D.C., on 23 February 1992.

This protocol of agreement shall enter into force immediately after ratification by the National Assembly at the convocation of its President.

(Signed) Jean Bertrand-ARISTIDE

President of the Republic of Haiti

(Signed) Dejean BELIZAIRE

President of the Senate and of the

Parliamentary Negotiating Commission

(Signed) Alexandre MEDARD

President of the Chamber of Deputies

and Vice-President of the

Parliamentary Negotiating Commission