Welcome to the latest edition of Woy Magazine’s biweekly newsletter, providing you with must-know news and commentary on Haiti and our Diaspora.
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Anba latè pa gen koub
There are no detours under the earth
(Haitian Proverb)
CHAY LA | Main Story
Theater or justice?
There has been quite the stir about Haitian judge, Al Duniel Dimanche, who has issued international warrants for the arrest of several former presidents and prime ministers in connection with a corruption case at the Centre national des équipements (CNE), namely provisional president Jocelerme Privert, former president Joseph Michel Martelly, and former prime ministers Laurent Lamothe and Jack Guy Lafontant, among others. Critics accuse the judge of being heavy handed by issuing arrest warrants. On the other hand, corruption is a real issue that the Haitian justice sector should address. Is this simply a performance of power, or is it a modicum of accountability finally happening? Only time will tell.
In November 2023, ULCC — the government agency in charge of investigating corruption — handed over 11 reports to the judiciary officials. One of the most intriguing reports to the public was the theft of several government materials and equipment like tractors, wheel loaders, bull dozers and trucks by former parliament members. We talked about it in this newsletter here.
The warrants were issued early this week, Jan. 16, and the officials cited are wanted on charges of corruption, complicity in corruption and influence peddling related to the misappropriation of public property, as well as counts of usurpation of office (i.e. where a person knowingly seizes or holds office by force or without being elected or appointed). The international arrest warrants were issued after an initial set of national warrants to bring these former government leaders in for questioning were ignored by all except former prime minister Claude Joseph.
Former president Jocelerme Privert, in an interview with journalist Marie Lucie Bonhomme, claimed that he hadn’t been formally made aware of the warrant and that the judge was politically motivated. Others have remained silent. One recurring critique being made of Judge Dimanche’s heavy handed approach is that it goes beyond the scope of the findings of the ULCC investigation which did not find fault in this group of people.
According to the summary of the ULCC investigation report, the case focused on President Moise’s Karavàn Chanjman program which was implemented by three governmental entities: the Ministry of Public Works, CNE and the CNGRS (in charge of solid waste collection). Many of the officials charged by Judge Dimanche were in power before the Karavàn Chanjman took place.
While the ULCC investigation focused on a specific program that didn’t involve many of those targeted, Judge Dimanche claims that officials from both the legislature and the executive are complicit in the corruption that takes place at CNE because, since its existence, no legal framework has been drafted to establish how the agency should be run.
« En matière de corruption, il est souligné que le corrupteur ne peut agir sans la complicité préalable du corrompu, conforme aux articles 136, 163 et 169 de la Constitution haïtienne de 1987, soulignant la responsabilité solidaire des hauts fonctionnaires. », indique l'ordonnance signée par le juge instructeur Al Duniel Dimanche, assisté du greffier Benchy Fontus.
En effet, durant l'instruction, il a été constaté que le Centre National des Équipements (CNE) manque d'un statut légal depuis sa création, favorisant des pratiques politiciennes et corruptives au détriment de l'État haïtien. Les hauts fonctionnaires, dont les parlementaires, doivent comprendre que leurs responsabilités dépassent la simple signature de documents, impliquant une gestion honnête et transparente, notamment dans le cas du CNE. Toute partialité d'un parlementaire envers l'exécutif est liée à la corruption, en violation de la loi sur la corruption de 2014. (Source: Le National)
Let’s Clear This Up | Banm On Ti Limyè
False prophets?
Since his return to Haiti, convicted drug trafficker Guy Philippe, has garnered the interest of many and received a hero's welcome in his home in the south of the country. He was deported from the United States in November after spending 6 years in prison for money laundering. Since then, he has been making statements against de facto Prime Minister Ariel Henry and called for people to take the streets on January 14th. In response, people have taken to the streets to protest in cities and towns like Jeremi, Kafou, Wanament and Miragwàn.
In Jeremi, the road leading to the airport was cordoned off in several places, obstructed by flaming barricades which were also seen elsewhere on the morning of January 15th. Several days prior, on January 12th, hundreds of protestors including supporters of Guy Philippe took to the streets demanding Ariel Henry’s departure. Barricades of burning used tires were also set up on various streets in downtown Jeremi, impeding traffic.
In Kafou, demonstrators took to the street brandishing placards that read things like: "We support Guy Philippe,” “Haiti says no to Kenya's intervention,” and “No to American decisions imposed on the country.”
Protesters in Wanament placed containers and trucks across main streets, impeding traffic. These movements have disrupted commercial and school activities.
As we discussed previously, Guy Philippe is a former police chief and senator-elect who played a major role in the coup against Jean-Bertrand Aristide in 2004. Well before this, he trained with the United States Special Forces in Ecuador in the early 90s. Following his dismissal as police chief in Okap, he relocated to the Dominican Republic where he went on to be a founding member of the Front pour la libération et la reconstruction nationales (FLRN), which had as its main objective to overthrow Aristide’s government.
In recent days, Phillippe has called upon the BSAP, the environmental protection brigade that has been very active on the border in Wanament and in the construction of the canal, to join him in his revolution to liberate Haiti from Ariel Henry’s government. Several BSAP commanders have confirmed their support to Guy Phillippe, where many of the agency’s departmental heads are former military personnel who fought alongside Guy Philippe back in 2004.
It’s alarming that so many Haitians would rally behind a blatant criminal to address our problems. The vacuum of leadership left by de facto prime minister Ariel Henry has pushed us to accept just anyone. Phillippe may have enough men and guns to run Ariel Henry out of the prime minister’s residence but after that, then what? Getting out of this political crisis needs to happen through a political agreement and elections.
IMIGRASYON/IMMIGRATION
A small victory
Humanitarian parolees from Haiti across the United States have been faced with discrimination as they work to settle in — notably where distinctions are being made between them and their white counterparts from Ukraine.
The Commissioner of the Indiana Bureau of Motor Vehicles was recently sued by a group of Haitian immigrants — represented by attorneys with the American Civil Liberties Union of Indiana and the National Immigration Law Center — for a provision in a recently passed state law that only allows Humanitarian Parolees from Ukraine access to driver’s licenses.
This unabashedly racist provision was struck down by a federal judge who granted the group of migrants a preliminary injunction Thursday, ordering that Indiana strike the provision.
“The law in question, Indiana House Enrolled Act 1050, provides an avenue for immigrants on humanitarian parole from Ukraine to obtain driver’s licenses and identification cards. […]
Attorneys for the Haitian immigrants have argued that the law violates the Civil Rights Act of 1964 and the equal protection clause of the U.S. Constitution. It also creates its own immigration classifications, which is an authority reserved by the federal government, they contend.
In a statement, the Indiana Attorney General’s office, which is representing the Commissioner, said it is reviewing the decision and the possibility of an appeal.
“The Indiana General Assembly had good intentions and we made the best arguments for the law’s constitutionality,” the statement said.” (Source: AP News)
ON THIS DAY
14th Anniversary of the 2010 Earthquake
January 12th marked the 14th anniversary of the devastating earthquake that changed the lives of all Haitians. The day was marked with commemoration ceremonies throughout the country and in the diaspora at institutions like FOKAL in Port-au-Prince, and La Maison D'Haiti in Montreal.
In a statement, Protection Civil called for more concerted and structural efforts to make Haiti more resilient against natural disasters like earthquakes, as well as other extreme weather events and other hazards.
The country has yet to implement any of the recommendations made following the devastating quake that took over 200,000 Haitian lives, according to the Director General of the Bureau of Mines and Energy (BME), Claude Prepetit.
We saw just how unprepared the country remains following the 2021 earthquake that cut the south off from the rest of the country, taking with it 2,200 lives and injuring 13,000 people. Prepetit also added that the country is only becoming increasingly vulnerable.
On a brighter note, the city of Okap has been implementing a communication and simulation campaign for the past two years to prepare the city for a possible earthquake. In a partnership between GeoHazards International (GHI), Protection Civil, and Okap City Hall, a second city wide drill was conducted last year, in an effort to promote a culture of prevention in the area. The drill involved the deployment of a warning system, school evacuations, and readiness education for disaster situations. If you’d like to learn more about these efforts, check out this video.
KILTIRÈL
Sezon Kanaval
Carnival season has officially started and will culminate on Madi Gra, Tuesday February 13th. Festivities took place across the country like the scenes captured above in Jacmel, ringing in the season with pre-carnival celebrations.
Kiltirèl
Haiti goes to Sundance
Haitian filmmaker, Samuel Suffren’s short film “Des Rêves en Bateaux Papiers” is heading to Sundance, one of the most prestigious film festivals in the world. This is the second film of a trilogy by the young Haitian filmmaker and visual artist, centering on the story of a man who waits for a distant love. “Kidnapping Inc” directed by Bruno Mourral is also making its debut at Sundance. The festival is currently underway in Utah from Jan. 18-28.