Governors Island Accord

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Country/entity: Haiti
Region: Americas
Agreement name: Governors Island Accord
Date: 1 Jul 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
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: Signed:

Jean-Bertrand Aristide, President of the Republic of Haiti

General Raoul Cédras, the Commander-in- Chief of the Armed Forces of Haiti
Third parties: [The document does not include any mention of third parties. UN mediator Dante Caputo was already coded on the database.]
Description: The agreement is about political dialogue and the necessary steps for the transition. It requests the suspension of sanctions and embargoes; the implementation of assistance through international cooperation; grants an amnesty; includes provisions for the police and the armed forces; and it specifies the date for the return of the president in exile.

Agreement document: HT_930703_GovernorsIslandAgreement.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): Governance→Political institutions (new or reformed)→General references
Page 1, 1: Organization, under the auspices of the United Nations and the Organization of American States (OAS), of a political dialogue between representatives of the political parties represented in the Parliament, with the participation of representatives of the Presidential Commission, in order to:
(a) Agree to a political truce and promote a social pact to create the conditions necessary to ensure a peaceful transition;
(b) Reach an agreement on the procedure for enabling the Haitian Parliament to resume its normal functioning;
(c) Reach an agreement enabling the Parliament to confirm the Prime Minister as speedily as possible; and
(d) Reach an agreement permitting the adoption of the laws necessary for ensuring the transition.

Page 1, 2: Nomination of a Prime Minister by the President of the Republic.

Page 1, 3: Confirmation of the Prime Minister by the legally reconstituted Parliament and his assumption of office in Haiti.

Page 2, 9: Return to Haiti of the President of the Republic, Jean-Bertrand Aristide, on 30 October 1993.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 1, 5: Implementation, following the agreements with the constitutional Government, of international cooperation:
[...]
(b) Assistance for the administrative and judicial reform;
[...]
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, 6: An amnesty granted by the President of the Republic within the framework of article 147 of the National Constitution and implementation of the other instruments which may be adopted by the Parliament on this question.

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: Page 2, untitled postscript: The President of the Republic and the Commander-in-Chief agree that these arrangements constitute a satisfactory solution to the Haitian crisis and the beginning of a process of national reconciliation. They pledge to cooperate fully in the peaceful transition to a stable and lasting democratic society in which all Haitians will be able to live in a climate of freedom, justice, security and respect for human rights.
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 2, untitled postscript: The President of the Republic and the Commander-in-Chief agree that these arrangements constitute a satisfactory solution to the Haitian crisis and the beginning of a process of national reconciliation. They pledge to cooperate fully in the peaceful transition to a stable and lasting democratic society in which all Haitians will be able to live in a climate of freedom, justice, security and respect for human rights.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, untitled postscript: The President of the Republic and the Commander-in-Chief agree that these arrangements constitute a satisfactory solution to the Haitian crisis and the beginning of a process of national reconciliation. They pledge to cooperate fully in the peaceful transition to a stable and lasting democratic society in which all Haitians will be able to live in a climate of freedom, justice, security and respect for human rights.
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: Page 1, 5: Implementation, following the agreements with the constitutional Government, of international cooperation:
[...]
(b) Assistance for the administrative and judicial reform;
[...]
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: Implementation, following the agreements with the constitutional Government, of international cooperation:

• Technical and financial assistance for development;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1, 5: Implementation, following the agreements with the constitutional Government, of international cooperation:

• Technical and financial assistance for development;
• Assistance for the administrative and judicial reform;

Assistance for modernizing the Armed Forces of Haiti and establishing a new Police Force with the presence of United Nations personnel in these fields.
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, untitled postscript: The President of the Republic and the Commander-in-Chief agree that these arrangements constitute a satisfactory solution to the Haitian crisis and the beginning of a process of national reconciliation. They pledge to cooperate fully in the peaceful transition to a stable and lasting democratic society in which all Haitians will be able to live in a climate of freedom, justice, security and respect for human rights.
Ceasefire: No specific mention.
Police: Page 1, 5: Implementation, following the agreements with the constitutional Government, of international cooperation:
[...]
(c) Assistance for modernizing the Armed Forces of Haiti and establishing a new Police Force with the presence of United Nations personnel in these fields.

Page 1, 7: Adoption of a law establishing the new Police Force. Appointment, within this framework, of the Commander-in-Chief of the Police Force by the President of the Republic.
Armed forces: Page 1, 5: Implementation, following the agreements with the constitutional Government, of international cooperation:
[...]
(c) Assistance for modernizing the Armed Forces of Haiti and establishing a new Police Force with the presence of United Nations personnel in these fields.

Page 2, 8: The Commander-in-Chief of the Armed Forces of Haiti has decided to avail himself of his right to early retirement and the President of the Republic shall appoint a new Commander-in-Chief of the Armed Forces in Haiti, who shall appoint the members of the General Staff, in accordance with the Constitution.
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, 6: An amnesty granted by the President of the Republic within the framework of article 147 of the National Constitution and implementation of the other instruments which may be adopted by the Parliament on this question.
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: Page 2, untitled postscript: The President of the Republic and the Commander-in-Chief agree that these arrangements constitute a satisfactory solution to the Haitian crisis and the beginning of a process of national reconciliation. They pledge to cooperate fully in the peaceful transition to a stable and lasting democratic society in which all Haitians will be able to live in a climate of freedom, justice, security and respect for human rights.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 5: Implementation, following the agreements with the constitutional Government, of international cooperation:
[...]
(c) Assistance for modernizing the Armed Forces of Haiti and establishing a new Police Force with the presence of United Nations personnel in these fields.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker:

http://peacemaker.un.org/

Governors Island Agreement

3 July 1993

The President of the Republic of Haiti, Jean-Bertrand Aristide, and the Commander-in-Chief of the Armed Forces of Haiti, Lieutenant-General Raoul Cedras, have agreed that the following arrangements should be made in order to resolve the Haitian crisis.

Each of them has agreed to take, within the scope of his powers, all the necessary measures for the implementation of these arrangements.

Furthermore, they both, in any case, express their support for the implementation of these arrangements and pledge to cooperate in implementing them.

1. Organization, under the auspices of the United Nations and the Organization of American States (OAS), of a political dialogue between representatives of the political parties represented in the Parliament, with the participation of representatives of the Presidential Commission, in order to:

(a) Agree to a political truce and promote a social pact to create the conditions necessary to ensure a peaceful transition;

(b) Reach an agreement on the procedure for enabling the Haitian Parliament to resume its normal functioning;

and

(d) Reach an agreement permitting the adoption of the laws necessary for ensuring the transition.

2. Nomination of a Prime Minister by the President of the Republic.

3. Confirmation of the Prime Minister by the legally reconstituted Parliament and his assumption of office in Haiti.

4. Suspension, on the initiative of the United Nations Secretary-General, of the sanctions adopted under Security Council resolution 841 (1993) and suspension, on the initiative of the Secretary-General of OAS, of the other measures adopted at the OAS Ad Hoc Meeting of Ministers of Foreign Affairs, immediately after the Prime Minister is confirmed and assumes office in Haiti.

5. Implementation, following the agreements with the constitutional Government, of international cooperation:

(a) Technical and financial assistance for development;

(b) Assistance for the administrative and judicial reform;

(c) Assistance for modernizing the Armed Forces of Haiti and establishing a new Police Force with the presence of United Nations personnel in these fields.

6. An amnesty granted by the President of the Republic within the framework of article 147 of the National Constitution and implementation of the other instruments which may be adopted by the Parliament on this question.

7. Adoption of a law establishing the new Police Force.

Appointment, within this framework, of the Commander-in-Chief of the Police Force by the President of the Republic.

8. The Commander-in-Chief of the Armed Forces of Haiti has decided to avail himself of his right to early retirement and the President of the Republic shall appoint a new Commander-in-Chief of the Armed Forces in Haiti, who shall appoint the members of the General Staff, in accordance with the Constitution.

9. Return to Haiti of the President of the Republic, Jean-Bertrand Aristide, on 30 October 1993.

10. Verification by the United Nations and the Organization of American States of fulfilment of all the foregoing commitments.

The President of the Republic and the Commander-in-Chief agree that these arrangements constitute a satisfactory solution to the Haitian crisis and the beginning of a process of national reconciliation.

They pledge to cooperate fully in the peaceful transition to a stable and lasting democratic society in which all Haitians will be able to live in a climate of freedom, justice, security and respect for human rights.

Signed:

Jean-Bertrand Aristide, President of the Republic of Haiti

General Raoul Cédras, the Commander-in- Chief of the Armed Forces of Haiti