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Proposition de résolution - B9-0283/2021Proposition de résolution
B9-0283/2021
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MOTION FOR A RESOLUTION on the situation in Haiti

18.5.2021 - (2021/2694(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Caroline Roose, Francisco Guerreiro, Bronis Ropė, Hannah Neumann, Ignazio Corrao, Michèle Rivasi, Pierrette Herzberger‑Fofana, Mounir Satouri
on behalf of the Verts/ALE Group

See also joint motion for a resolution RC-B9-0282/2021

Procédure : 2021/2694(RSP)
Cycle de vie en séance
Cycle relatif au document :  
B9-0283/2021
Textes déposés :
B9-0283/2021
Votes :
Textes adoptés :

B9‑0283/2021

European Parliament resolution on the situation in Haiti

(2021/2694(RSP))

The European Parliament,

- having regard to its previous resolutions on Haiti, in particular the resolution of 28th November 2019;

- having regard to the Universal Declaration of Human Rights,

- having regards to the International Covenant on Civil and Political Rights (ICCPR),

- Having regard to the UN Basic Principles on the Independence of the Judiciary,

- Having regard to the Universal Charter of the Judge,

- Having regard to the Statute of the Ibero-American Judge

- having regard to the American Convention on Human Rights,

- having regard to the Cotonou Agreement,

- having regard to the Constitution of the Republic of Haiti from 1987,

- having regard to the Caribbean-EU partnership strategy  of 2012;

- having regard to the EU-CARIFORUM economic partnership agreement, signed by Haiti in 2009,

- having regard to Rule 135 of its Rules of Procedure,

 whereas the Haitian president Jovenel Moise and his supporters have an ongoing dispute with the political opposition regarding when Moïse’s term as president ends or has ended;

 whereas under the Constitution of Haiti, the presidential term begins on February 7, after elections that take place every five years; whereas Haiti’s Superior Council of the Judiciary ruled on February 6 that the term of  Jovenel Moïse had ended that day this year; whereas its conclusions are based on the fact that the president’s five-year term began in 2016, after the initial elections he won in October 2015;

  whereas Jovenel Moïse refuses to step down as he considers his mandate started on February 2017, following a second election in 2016 as the previous one were contested due to allegations of fraud;

 whereas since 14 January 2021, thousands of Haitian people are protesting against the one year extension of Jovenel Moïse’s term and against the referendum; whereas the protests are suppressed by force; 

 whereas, Jovenel Moïse has planned presidential and legislative elections for 19th September 2021; whereas the EU has foreseen to send an Election Expert Mission on this occasion;

 whereas on 5 January 2021, Jovenel Moïse decreed that a constitutional referendum should be organised on 27 June 2021; whereas the reform proposed would further concentrate executive powers; whereas the Constitution of Haiti stipulates in its article 284.3 that "Any Popular Consultation tending to modify the Constitution by way of Referendum is formally prohibited”;

 whereas 68 members of the U.S. Congress have addressed a letter to the U.S Secretary of State stating that President Jovenel Moïse’s administration lacks the credibility to hold a constitutional referendum and elections;

  whereas the Core Group of the United Nations Integrated Office in Haiti (BINUH), which includes representatives of the EU and several member states, expressed its concern that the process of constitutional reform is not at this stage sufficiently inclusive, participatory or transparent and should include a broad consultation with all the active forces of the nation;

 whereas due to the failure to hold elections in due time in 2019, the term of office of most mayors, deputies and senators expired in January 2020; whereas since then, the president has been governing by decree with no parliamentary control;

 whereas Jovenel Moïse arbitrarily removed three Supreme Court justices who were on the short list of opponents to replace him as President, accusing them of conspiracy against the government; whereas one of them, Supreme Court Judge Dabrésil was arrested together with at least 22 other people in circumstances which may amount to an unlawful or arbitrary arrest and detention according to the OHCHR; whereas judge Débrasil was released but 17 people still remain in pre-trial detention;

 whereas Jovenel Moïse appointed three new justices without following the procedures provided for in law;

 whereas since 2018, Haiti is the scene of repeated massacres connected to armed gang groups, against communities in impoverished neighbourhoods around the capital Port-au-Prince, the most deadly of which took place in La Saline in November 2018; whereas many of these exactions are qualified as crimes against humanity and could engage the responsibility of the Head of State; whereas yet no legal action has been taken against such crimes and impunity reigns, fuelling a cycle of violence;

  whereas the investigative report on the use of Petrocaribe funds published on 31 May 2017 a few month after Jovenel Moïse came to office, alleges that he helped embezzle funds from a large PetroCaribe project while he was head of the company Agritrans;

 whereas kidnappings are a scourge that affect all the sectors of the population; whereas the Haitian Center for Human Rights Analysis and Research recorded 796 kidnappings last year; whereas kidnappings are accompanied by systematic violence and rape of women;

 whereas due to the insecurity in the country many international and humanitarian NGOs have left Haiti;

 whereas on 3 April, on National Women's Rights Day hundreds of women in Haiti took to the streets denounce the current regime, insecurity and violence against them as well as the referendum process and the support of the international community to Jovenel Moïse;

 whereas between August 2020 and February 2021, around 4 million people[1] in Haiti were facing acute food insecurity; whereas the situation has been exacerbated by the COVID-19 pandemic;

 whereas Haiti is considered the most vulnerable country in the Latin American and Caribbean region as it is facing almost many kind of environmental alteration having an impact on migratory flows; whereas recent research has demonstrated that migration can be a successful adaptation strategy to a degrading environment and disasters in the context of Haiti, especially through circular/seasonal mobility;

 whereas on 8 February 2021, Jovenel Moïse decided by decree to turn the 25000ha of Savane-Diane -used so far by local populations for food production - into an agro-industrial trade free zone dedicated to the production of Stevia, a sweetener used in the manufacture of sugar-free Coca-Cola; whereas allocating this fertile lands to private companies implies the expulsion of local communities, including women farmers, and severely affects families based in this area who derive their food and revenue from agricultural activities;

1. Stresses the importance of completing Haiti’s legislative and presidential electoral process in a peaceful, credible and legitimate way that would consolidate democracy; calls on the international community to support Haiti in this endeavour;

2. Notes that the provisional electoral council established by decree has no legitimate grounds to organise elections;

3. Calls on the authorities to ensure respect for the rule of law and established legal and institutional framework and to comply with their obligations under the Haitian Constitution and international treaties;

4.  Calls on the European Union and the international community to support a democratic, open and inclusive transition process and no longer encourage the elections and unlawful constitutional reform claimed by Mr. Jovenel Moïse, as this might aggravate the tensions and violence in the country, as well as increase the corruption and reverse the efforts, undertaken since 1986, to install a democratic regime in Haiti;

5. Calls on the European Commission, the EEAS and the EU delegation in Port-au-Prince to explicitly take distance from Jovenel Moïse and the Haitian government, and to stand by those organizations, which call for a democratic stabilization of the country;

6. Calls on the international community, the United Nations, its Special Representative in Haiti and the UN Security Council to take a strong stance against the responsibility of the Haitian government in breaches to rule of law, human rights violations and corruption.

7. Recalls its strong support for all human rights and environmental defenders in Haiti and their work; calls on the EU delegation and Member States’ representations in the country to strengthen their support for civil society, and to use all available instruments to increase their support for human rights and environmental defenders’ work, and, where appropriate, to facilitate the issuing of emergency visas, and provide temporary shelter in the EU Member States;

8. Condemns the violation of the Haitian constitution by the removal of three justices and the appointment by decree new justices to the Supreme Court (Octélus Dorvilien, Louiselmé Joseph and Pierre Harry Alexis), recalls that the aforementioned were appointed without following the procedures provided in the law.

9. Points out the absence of a Constitutional Council, a body in charge of ensuring the constitutionality of laws, a judge of the constitutionality of the law, regulations and administrative acts of the Executive;

10. Calls on the international community to support the Haitian people to strengthen an independent, more accessible and vigorous judicial system, able to bring perpetrators to court;

11. Recalls that one of the many shortcomings of Haiti's judicial system is the prolonged pre-trial detention with conditions of incarceration that are deemed unacceptable by human rights organisations, and judicial investigations that last several years; 

12. Is strongly concerned with the worsening humanitarian, political and security situation in Haiti; strongly condemns all human rights violations and acts of violence, especially the kidnappings, homicides and rapes;

13. Is strongly concerned by the poor quality of basic public services in Haiti, such as universal health protection, safe housing, infrastructures and education as well as by the worrying rising inflation rate, which prevents the population to have access to basic services;

14. Calls for an immediate and coordinated response to the increasing amount of kidnappings through an independent inquiry commission, and to bring perpetrators to justice;

15. Condemns the use of force against protesters and arbitrary arrests and detentions; calls on the Haitian authorities to respect freedom of expression, freedom of assembly and association;

16. Calls for migration to be included in Haiti’s Climate Change National Adaptation Plans as an anticipatory measure to natural disasters and a proactive strategy to adapt to climate change;

17. Calls for an audit and a report from the European Court of Auditors on the way EU funds are spent in Haiti, especially in the light of the recent corruption allegations and the report of the Haitian Superior Court of Auditors

18. Calls on ensuring that those responsible for the squandering of Petrocaribe funds, including Jovenel Moïse, are tried fairly and equitably;

19. Calls for an independent investigation into the massacre case of La Saline and similar exactions; demands that all authors of the crimes be brought to justice in a fair trial;

20.  Calls on withdrawing the decree of Jovenel Moïse, aimed at the expulsion of peasant families of Savane Diane; underlines that declaring Savane Diane an industrial free-trade zone amounts to destroying communities, the environment, local agriculture and further fuelling food insecurity;

21. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the authorities of the Republic of Haiti and the ACP Assembly.

 

Dernière mise à jour: 18 mai 2021
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