Protocol of agreement between President Jean-Bertrand Aristide and Prime Minister- Designate René Théodore under the auspices of the Organization of American States (OAS)
Export agreement coding (PDF)Country/entity
HaitiRegion
AmericasAgreement name
Protocol of agreement between President Jean-Bertrand Aristide and Prime Minister- Designate René Théodore under the auspices of the Organization of American States (OAS)Date
25 Feb 1992Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Framework/substantive - partialConflict nature
GovernmentPeace process
Haitian peace processParties
(Signed) Jean-Bertrand Aristide
President of the Republic of Haiti
(Signed) René Theodore
Prime Minister-DesignateThird parties
Signed under the auspices of the Organization of American States: (Signed) João Baena Soares Secretary GeneralDescription
Parties agree OAS mission to Haiti to guarantee civil liberties and halt repression; to implement the results of the election of December 1990, forming the government, confirming the Prime Minister, and securing safe conditions of return for the President; parties agreeing to seek further international support for economic reconstruction and consolidation of political institutions in Haiti.
Agreement document
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 referencesPage 1, Untitled preamble: In order to establish a climate of confidence, restore the democratic order, stimulate the national economy, consolidate the institutions and facilitate the return to power of President Jean-Bertrand Aristide:
Page 1, 2: They recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of the "protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis".
Page 1, 3: They recognize also that President Jean-Bertrand Aristide enjoys fully and completely his constitutional prerogatives as Head of State.
Page 1, 5: The parties recognize the need to form a Government of national unity, whose programme will be drawn up -with the political parties represented in Parliament and which support this Government- by the Prime Minister together with the President.
Page 1, 6: In order not only to respect the vote of 16 December 1990 and the mandate relating thereto but also to guarantee the Prime Minister's responsibility for forming the government team, the parties agree that the President and the Primer Minister shall proceed, in agreement, to choose the persons to fill the ministerial posts.
Page 1-2, 7: The parties recognize the need, once he has been confirmed, for the Prime Minister to work to create the conditions for the return of President Jean-Bertrand Aristide. In the meanwhile, the Prime Minister undertakes to meet the President of the Republic, as far as possible every two weeks, to evaluate the functioning of the Government and the conditions of return. For this meeting, they shall request a report from the Secretary General of the Organization of American States to enable them to evaluate the assistance of that institution with regard to the progress of the return process. One month after ratification, the President of the Republic, the Prime Minister and the Secretary General shall meet to determine the modalities of the return of the President of the Republic.
Page 2, 8: The President undertakes to provide the Prime Minister with all necessary collaboration and political support for the accomplishment of his task in accordance with the provision of the Constitution.
Page 2, 11: The parties recognize the need to approach member countries of the Organization of American States and the United Nations, international organizations and the international community in general, in order to obtain emergency assistance for the reconstruction of Haiti's economy and the technical and financial means required to strengthen its institutions. - Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil societyPage 1, 4: The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals. To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights. They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitution affirmation/renewalPage 1, 1: The undersigned parties recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of resolutions MRE/RES.1/91 and MRE/RES.2/91 of the Ad Hoc Meeting of Ministers for Foreign Affairs of member countries of the Organization of American States and resolution CP/RES.567 (870/91) of the Permanent Council of the Organization.
Page 1, 2: They recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of the "protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis".
Page 1, 3: They recognize also that President Jean-Bertrand Aristide enjoys fully and completely his constitutional prerogatives as Head of State.
Page 2, 8: The President undertakes to provide the Prime Minister with all necessary collaboration and political support for the accomplishment of his task in accordance with the provision of the Constitution.
Page 2, 10: The parties undertake to give particular attention to the military with a view to professionalizing it and establishing better conditions, materially and as regards morale that should enable it to participate in the democratic process and carry out its constitutional task.
Power sharing
- Political power sharingPower sharing→Political power sharing→GeneralState levelPage 1, 5: The parties recognize the need to form a Government of national unity, whose programme will be drawn up -with the political parties represented in Parliament and which support this Government- by the Prime Minister together with the President.
- 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 generalPage 1, 4: The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals. To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights. They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rightsHuman rights and equality→Civil and political rights→Liberty and security of personPage 1, 4: The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals. To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights. They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- DemocracyPage 1, Untitled preamble: In order to establish a climate of confidence, restore the democratic order, stimulate the national economy, consolidate the institutions and facilitate the return to power of President Jean-Bertrand Aristide:
Page 2, 10: The parties undertake to give particular attention to the military with a view to professionalizing it and establishing better conditions, materially and as regards morale that should enable it to participate in the democratic process and carry out its constitutional task. - Detention procedures
No specific mention.
- Media and communication
No specific mention.
- 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 institutionsRights institutions→Regional or international human rights institutions→Monitoring callsPage 1, 4: The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals. To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights. They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.
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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 1, Untitled preamble: In order to establish a climate of confidence, restore the democratic order, stimulate the national economy, consolidate the institutions and facilitate the return to power of President Jean-Bertrand Aristide:
Page 2, 11: The parties recognize the need to approach member countries of the Organization of American States and the United Nations, international organizations and the international community in general, in order to obtain emergency assistance for the reconstruction of Haiti's economy and the technical and financial means required to strengthen its institutions. - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International fundsPage 2, 11: The parties recognize the need to approach member countries of the Organization of American States and the United Nations, international organizations and the international community in general, in order to obtain emergency assistance for the reconstruction of Haiti's economy and the technical and financial means required to strengthen its 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
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forcesPage 2, 10: The parties undertake to give particular attention to the military with a view to professionalizing it and establishing better conditions, materially and as regards morale that should enable it to participate in the democratic process and carry out its constitutional task.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- 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
No specific mention.
- 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 signatorySigned under the auspices of the Organization of American States:
(Signed) João Baena Soares
Secretary General - Referendum for agreement
No specific mention.
- International mission/force/similarPage 1, 4: The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals. To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights. They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceInter-American Commission on Human Rights:
http://www.cidh.org/
Protocol of Agreement between President Jean-Bertrand
Aristide and Prime Minister- Designate Rene Theodore under
the Auspices of the Organization of American States (OAS)
Washington D.C. 25 February 1992
In order to establish a climate of confidence, restore the democratic order, stimulate the national economy, consolidate the institutions and facilitate the return to power of President Jean-Bertrand Aristide:
1. The undersigned parties recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of resolutions MRE/RES.1/91 and MRE/RES.2/91 of the Ad Hoc Meeting of Ministers for Foreign Affairs of member countries of the Organization of American States and resolution CP/RES.567 (870/91) of the Permanent Council of the Organization.
2. They recognize, in setting in motion the restoration of the constitutional order in Haiti, the importance of the "protocol between President Jean-Bertrand Aristide and the parliamentary negotiating commission to find a definitive solution to the Haitian crisis".
3. They recognize also that President Jean-Bertrand Aristide enjoys fully and completely his constitutional prerogatives as Head of State.
4. The parties pledge to take all necessary measures to guarantee public liberties and to halt all repression and reprisals.
To that end, they recognize the necessity for the deployment, as quickly as possible, of the civilian OEA-DEMOC mission and of representatives of the Inter-American Commission on Human Rights.
They urge international organizations, in particular the United Nations, the organizations for the defense of human rights and the international press to spare no effort in their contributions to that endeavor.
5. The parties recognize the need to form a Government of national unity, whose programme will be drawn up -with the political parties represented in Parliament and which support this Government- by the Prime Minister together with the President.
6. In order not only to respect the vote of 16 December 1990 and the mandate relating thereto but also to guarantee the Prime Minister's responsibility for forming the government team, the parties agree that the President and the Primer Minister shall proceed, in agreement, to choose the persons to fill the ministerial posts.
7. The parties recognize the need, once he has been confirmed, for the Prime Minister to work to create the conditions for the return of President Jean-Bertrand Aristide.
In the meanwhile, the Prime Minister undertakes to meet the President of the Republic, as far as possible every two weeks, to evaluate the functioning of the Government and the conditions of return.
For this meeting, they shall request a report from the Secretary General of the Organization of American States to enable them to evaluate the assistance of that institution with regard to the progress of the return process.
One month after ratification, the President of the Republic, the Prime Minister and the Secretary General shall meet to determine the modalities of the return of the President of the Republic.
8. The President undertakes to provide the Prime Minister with all necessary collaboration and political support for the accomplishment of his task in accordance with the provision of the Constitution.
9. The parties recognize the need to request the lifting of the embargo and other sanctions contained in chapter I, paragraph 4, of resolution MRE/RES.2/91 of the Ad Hoc Meeting of Ministers for Foreign Affairs of member countries of the Organization of American States at the official request of President Jean-Bertrand Aristide, once the Prime Minister has been confirmed and the Government installed.
10. The parties undertake to give particular attention to the military with a view to professionalizing it and establishing better conditions, materially and as regards morale that should enable it to participate in the democratic process and carry out its constitutional task.
11. The parties recognize the need to approach member countries of the Organization of American States and the United Nations, international organizations and the international community in general, in order to obtain emergency assistance for the reconstruction of Haiti's economy and the technical and financial means required to strengthen its institutions.
Done in good faith in triplicate at Washington D.C. on February 25, 1992.
(Signed) Jean-Bertrand Aristide
President of the Republic of Haiti
(Signed) René Theodore
Prime Minister-Designate
Signed under the auspices of the Organization of American States
(Signed) João Baena Soares
Secretary General