Protocol of agreement between President Jean-Bertrand Aristide and Prime Minister- Designate René Théodore under the auspices of the Organization of American States (OAS)

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Country/entity: Haiti
Region: Americas
Agreement 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 1992
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

(Signed) René Theodore
Prime Minister-Designate
Third parties: Signed under the auspices of the Organization of American States:
(Signed) João Baena Soares
Secretary General
Description: 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: HT_920225_ProtocolPresidentPrimeMinister.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, 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 society: Page 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.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 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 sharing: Power sharing→Political power sharing→General
State level
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.
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 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 rights: Human rights and equality→Civil and political rights→Liberty and security of person
Page 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.
Democracy: Page 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 institutions: Rights institutions→Regional or international human rights institutions→Monitoring calls
Page 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 reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 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 funds: 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.
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 forces: 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.
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 signatory: Signed under the auspices of the Organization of American States:
(Signed) João Baena Soares
Secretary General
Referendum for agreement: No specific mention.
International mission/force/similar: Page 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.
Source: Inter-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