Agreement Signed by Jimmy Carter and Emile Jonassaint, the Military-Appointed President of Haiti, in Port-au-Prince, on 18 September 1994

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Country/entity: Haiti
Region: Americas
Agreement name: Agreement Signed by Jimmy Carter and Emile Jonassaint, the Military-Appointed President of Haiti, in Port-au-Prince, on 18 September 1994
Date: 18 Sep 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Haitian Political Crisis (1991 - )
After decades of brutal authoritarian rule by François Duvalier and later his son Jean-Claude Duvalier, which ended in 1986, Haiti was under pressure to institute free democratic elections. The interim administration scheduled presidential elections for December 1990. The winner was Jean-Bertrand Aristide. His time in power was disrupted by an unsuccessful coup just one month after election, and another, this time successful, coup in September 1991. A military junta, headed by General Raoul Cédras, seized power, while Aristide sought refuge in the US. The junta remained in power until 1994, ruling the country in a violent manner, resulting in thousands of deaths, a refugee crisis, and numerous instances of rape and organized sexual violence. In 1993 an agreement (Governors Island Agreement) was reached between Aristide and Cédras, allowing for Aristide to return to power in October of that year, and granting amnesty to Cédras and other prominent members of the regime. However, this agreement was not respected, and the following year saw the implementation of comprehensive sanctions against Haiti accompanied by a US-led and UN-sanctioned intervention, which was moderated by a last-minute agreement between the US envoy Jimmy Carter and Raoul Cédras on the 18th of September 1994. Aristide returned to power, but the political turmoil in the country continued, as Aristide was again ousted in a coup d’etat in 2004, after winning the presidency for the second time in 2002.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Haitian peace process
Parties: United States of America, signed by Jimmy Carter
Haiti, signed by Emile Jonassaint, the Military-Appointed President of Haiti
Third parties: -
Description: This agreement was reached as the US intervention in Haiti, backed by the UN, was about to commence. The terms of the agreement allowed for the Haitian police and military to avoid direct conflict with the US forces, allowed for the removal of the economic embargo and sanctions, and reinstated some of the provisions of the Governors Island agreement (though the agreement itself is not directly quoted in the text). The top military and police officials agreed to retire, and the government committed to holding free and fair elections.

Agreement document: HT_940918_Agreement_Signed_by_Jimmy_Carter_and_Emile_Jonassaint.pdf (opens in new tab) | 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): No specific mention.
Elections: Page 1:
6. The forthcoming legislative elections will be held in a free and democratic manner.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
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: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1:
1. The purpose of this agreement is to foster peace in Haiti, to avoid violence and bloodshed, to promote freedom and democracy, and to forge a sustained and mutually beneficial relationship between the governments, people, and institutions of Haiti and the United States.
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 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 1:
5. The economic embargo and the economic sanctions will be lifted without delay in accordance with relevant U.N. Resolutions and the need of the Haitian people will be met as quickly as possible.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
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: Page 1:
2. To implement this agreement, the Haitian military and police forces will work in close cooperation with the U.S. Military Mission. This cooperation, conducted with mutual respect, will last during the transitional period required for insuring vital institutions of the country.
Armed forces: Page 1:
2. To implement this agreement, the Haitian military and police forces will work in close cooperation with the U.S. Military Mission. This cooperation, conducted with mutual respect, will last during the transitional period required for insuring vital institutions of the country.

3. In order to personally contribute to the success of this agreement, certain military officers of the Haitian armed forces are willing to consent to an early and honorable retirement in accordance with U.N. Resolutions 917 and 940 when a general amnesty will be voted into law by the Haitian Parliament, or Oct. 15, 1994, whichever is earlier. The parties to this agreement pledge to work with the Haitian Parliament to expedite this action. Their successors will be named according to the Haitian Constitution and existing military law.

4. The military activities of the U.S. Military Mission will be coordinated with the Haitian military high command.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1:
3. In order to personally contribute to the success of this agreement, certain military officers of the Haitian armed forces are willing to consent to an early and honorable retirement in accordance with U.N. Resolutions 917 and 940 when a general amnesty will be voted into law by the Haitian Parliament, or Oct. 15, 1994, whichever is earlier. The parties to this agreement pledge to work with the Haitian Parliament to expedite this action. Their successors will be named according to the Haitian Constitution and existing military law.
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: Jimmy Carter, representing the United States
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1:
2. To implement this agreement, the Haitian military and police forces will work in close cooperation with the U.S. Military Mission. This cooperation, conducted with mutual respect, will last during the transitional period required for insuring vital institutions of the country.

4. The military activities of the U.S. Military Mission will be coordinated with the Haitian military high command.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Library of Congress website, http://www.loc.gov/rr/frd/Military_Law/pdf/Lessons-Learned_Haiti.pdf, at page 182

Appendix C:

Agreement Signed by Jimmy Carter and Emile

Jonassaint, the Military-Appointed President of Haiti, in Port-au-Prince, on 18 September 1994

I . The purpose of this agreement is to foster peace in Haiti, to avoid violence and bloodshed, to

promote freedom and democracy, and to forge a sustained and mutually beneficial relationship

between the governments, people, and institutions of Haiti and the United States.·

2. To implement this agreement, the Haitian military and police forces will work in close

cooperation with the U.S. Military Mission.

This cooperation, conducted with mutual respect, will

last during the transitional period required for insuring vital institutions of the country.

3. In order to personally contribute to the success of this agreement, certain military officers of

the Haitian armed forces are willing to consent to an early and honorable retirement in accordance

with U.N. Resolutions 917 and 940 when a general amnesty will be voted into law by the Haitian

Parliament, or Oct. 15, 1994, whichever is earlier.

The parties to this agreement pledge to work

with the Haitian Parliament to expedite this action.

Their successors will be named according to

the Haitian Constitution and existing military law.

4. The military activities of the U.S. Military Mission will be coordinated with the Haitian

military high command.

5. The economic embargo and the economic sanctions will be lifted without delay in accordance with

relevant U.N. Resolutions and the need of the Haitian people will be met as quickly as possible.

6. The forthcoming legislative elections will be held in a free and

democratic manner.

7. It is understood that the above agreement is conditioned on the

approval of the civilian governments of the United States and Haiti.