Alo! Welcome to the latest edition of Woy Magazine’s weekly newsletter, providing you with must-know news and commentary on Haiti and our Diaspora.
Your Constitutional Breakdown
Well, Jovenel hasn’t stepped down as president…but who is surprised? As mentioned last year in a Woy Magazine article, “The Troubling Similarities Between Presidents Trump and Moïse” Jovenel fancies himself a strongman, even borrowing fascist tactics from his then-U.S. counterpart Donald Trump to centralize power while ignoring the rule of law.
Before we can get into the week’s activities (and there is quite a lot to get into), we want to be sure to explain the why behind the illegality of Jovenel’s forceful hold on power. As Woy co-founder and editor Nathalie Cerin writes in this new explainer:
You have probably heard that the opposition, organizers, as well as a number of political institutions have declared Moise’s term as being over as of February 7th 2021. I understand that this might be confusing considering the man took office in 2017, and the Haitian constitution states that a president’s term is 5 years. But I am here to tell you that the Haitians claiming that Moise’s term has ended aren’t saying this because they don’t know how to count to 5, nor are they claiming this because they have not read the constitution, quite the contrary.
And as Cerin’s father lays out, Jovenel isn’t the first president to see his term end early due to Haiti’s constitutional calendar:
There are several Haitian presidents who have seen their terms shortened and have lost parts of their term because of the constitutional calendar. The president who lost the most amount of time in their term is President Aristide who lost three years because of a coup that occurred in September 1991. He returned from exile in October 1994. In 1995, Aristide received a lot of pressure from the international community to respect the constitutional calendar and organize elections so he could step down in 1996.
Also note that Haiti’s top university, Université Quisqueya released a detailed note this week, stressing just as Nathalie’s father does, that Jovenel’s mandate ended on February 7, 2021.
A Greek Tragedy
February 7 not only marked the beginning of Jovenel’s illegal stay in power, it also was the 35th anniversary of the fall of the Duvalier regime. With the help of their secret police force, the Duvalier family ruled Haiti for nearly three decades with incredible violence, media suppression and corruption.
The glaring similarities between Jovenel’s reign and that of the Duvaliers has not been lost on many. In an interview with France’s RFI, Haitian sociologist and professor Laënnec Hurbon warned that through his demolition of democratic institutions, Jovenel is pulling Haiti back to the Duvalier era. You can listen to the full clip here.
Famed novelist and poet Lyonel Trouillot also made the sharp comparison in a new piece, writing:
Sous Duvalier, on avait entendu un président de la Croix-Rouge dire que pour défendre son chef, « je ferai de Port-au-Prince un Himalaya de cadavres ». Les déclarations des pro Jovenel Moïse ne sont pas loin : c’est Jovenel ou votre mort.
You Scratch My Back…
As Jovenel slams the country into a new, tumultuous age, he’s also taking the time to thank some friends who’ve helped him come this far. According to a Le Moniteur report from February 8, the former president is forcefully removing local farmers from their land in order to gift it to high-ranking supporters, namely those from the Apaid family.
In fact, Jovenel, who has long enjoyed the support of the U.S. government, sent André Apaid “to meet with U.S. government officials to seek support for his government.” As a 2019 Miami Herald report reminds us, “Apaid, a Moïse supporter, led the civil society movement that forced the ouster of president Jean-Bertrand Aristide from power in 2004 amid a bloody revolt.”
Smoke and Mirrors
In the midst of his defiance of the constitution, Jovenel claimed that he nearly succumbed to an alleged coup d’etat. The accusation came as he ordered the arrest of Supreme Court Judge Ivickel Dabrésil, who Jovenel and Justice Minister Rockefeller Vincent claim “…made a plot to destabilize the country.” Overall, more than 20 individuals including the judge, Dr. Marie Antoinette Gauthier, Police Inspector General Marie Louise Gauthier, and respected agronomist Louis Buteau were seized by the state:
Selon le juge Yvickel Dabrésil qui s’est confié à un collègue depuis la Direction Centrale de la Police Judiciaire (DCJP), il était encore dans son lit quand les forces de l’ordre ont débarqué chez lui et ont lancé une grenade lacrymogène, avant de proceder à son arrestation, ainsi que celle des membres de sa famille et ses amis. Il a souligné que le Directeur Général a.i de la PNH ainsi que le commissaire de gouvernement de Croix-des-Bouquets étaient présents aux moment des faits.
Le juge a souligné que les policiers l’ont brutalisé et que l’un d’eux a même proposé de l’exécuter sur place.
(via: Mag Haiti)
The irony was not lost on many that the former president’s forces were able to “discover” an alleged coup attempt, but could not put a stop to the country’s ongoing kidnapping crisis:
Despite a release ordinance issued on Wednesday for Judge Dabrésil from a dean from the Court of Instances in Croix-des-Bouquets, news of the judge’s release did not come until late Thursday evening. The release order came after a group of lawyers filed a collective appeal of the arrests. The group later expressed their frustration with the prisons refusal to comply with the court’s order and the incident overall (they were only able to secure the judge’s release):
« Il faut comprendre que le président établit une dictature », critique de son côté Me Gédéon Jean, qui ne cesse de dénoncer des velléités autoritaires de ce pouvoir. Si la prison ne veut pas ouvrir ses portes pour l’avocat, cela constitue une violation flagrante des dispositions légales. L’article 26 alinéa 2 de la Constitution indique ceci : « Si l’arrestation est jugée illégale, le juge ordonne la libération immédiate du détenu et cette décision est exécutoire sur minute nonobstant appel, pourvoi en cassation ou défense d’exécuter. »
The family of the accused have created a Change.org petition to call for the release of their loved ones. You can check it out and sign it here.
The Opposition Steps In
Just as they promised with the Ako Final Teras Garden, the opposition and some civil society groups came together to pick and declare an interim leader, Supreme Court Judge Joseph Mecene Jean-Louis. Opposition leader Andre Michel told CNN that, “a transitional government would be responsible for forming a sovereign national conference with the participation of civilians and for investigating numerous massacres that have taken place in Haiti.”
However, Jovenel soon moved to gut the Supreme Court in retaliation. On Monday, Jovenel fired three judges who were in the line of succession to replace him, including interim president Jean-Louis. He took his quest one step further when forces under his rule seized control of the Supreme Court building, blocking anyone from entering:
As you may remember, this is not the first time Jovenel has attempted to weaken the courts. The Court of Auditors has also been subjected to the presence of armed officers in the past.
In an exclusive interview with VOA Kreyòl, Jovenel defended his decision to fire the judges:
While the former president believes he was well within his rights to remove the justices, the law of the country says differently. As detailed by Le Nouvelliste, Jovenel cites one constitutional article in his decree announcing the terminations, but failed to place it in context of other components of the law, which explicitly state that members of the high court are practically irremovable except for special conditions which this particular situation does not meet:
Avant toute chose, il faut souligner que cet arrêté pris par Jovenel Moïse, publié dans le journal officiel Le Moniteur, cite seulement l’article 136 de la Constitution qui prévoit que « le Président de la République, chef de l’Etat, veille au respect et à l’exécution de la Constitution et à la stabilité des institutions. Il assure le fonctionnement régulier des pouvoirs publics ainsi que la continuité de l’État ».
Cependant, cet arrêté semble ignorer d’autres prescrits constitutionnels tout aussi importants tels que l’article 177 qui consacre que « les juges de la Cour de Cassation [...] sont inamovibles. Ils ne peuvent être destitués que pour forfaiture légalement prononcée ou suspendus qu’à la suite d’une inculpation. Ils ne peuvent être l’objet d’affection nouvelle, sans leur consentement, même en cas de promotion. Il ne peut être mis fin à leur service durant leur mandat qu’en cas d’incapacité physique ou mentale permanente dûment constatée. » Ce principe d’inamovibilité est repris dans d’autres textes relatifs à la magistrature, notamment le décret du 22 août 1995 relatif à l’organisation judiciaire (art 9) qui confirme “qu’il n’est mis fin à leurs fonctions que conformément à la Constitution et aux dispositions de loi régissant la matière”.
Killing Accountability
Nearly two years ago, A.G. Sulzberger wrote the following on the growing threat to journalism, worldwide:
…the free press is foundational to a healthy democracy and arguably the most important tool we have as citizens. It empowers the public by providing the information we need to elect leaders and the continuing oversight to keep them honest. It bears witness to our moments of tragedy and triumph and provides the shared baseline of common facts and information that bind communities together. It gives voice to the disadvantaged and doggedly pursues the truth to expose wrongdoing and drive change.
This paragraph captures the very threat strongman leaders see in the press. This week, we witnessed blatant attacks on members of the Haitian media from police forces. Two reporters were shot and seriously wounded in Port-au-Prince as they attempted to cover anti-Jovenel protests. In a letter condemning these actions, the Association of Haitian Journalists noted that, “police officers threw tear gas grenades in the direction of press workers and inside a Radio-Télé Pacific car with several journalists on board.”
These attacks come just as a number of journalists took to the streets last month to call out the increased attacks they’ve faced under Jovenel’s rule.
On Wednesday, reporters once more took to the streets to raise awareness about these acts of aggression. They were once more met with harassment from the police, including more tear gas and projectiles.
In the following clip, a VOA Kreyòl reporter lays out her experience with police brutality that day, which included one officer shooting a canister at her feet.
Following these heinous attacks, Haitian ambassador Bocchit Edmond condemned the actions of the police towards the press, while offering the notion that the officers may have been “tired after being out in the streets all day.”
Taking Out the Eyes of Democracy
Two weeks ago, we shared a piece from Ayibopost detailing how a reporter was shot in the eye with a rubber projectile by police while doing his job. While incredibly alarming, it is important to remember that this is a common suppression tactic employed by police officers the world over.
During last summer’s uprisings in the United States, several people were either severely wounded or outright blinded by police officers. According to the Washington Post, at least eight individuals were partially blinded by police.
This strategy is said to have roots in the Israeli-Palestine conflict. A December 2019 report states:
To date, Gaza's Ministry of Health reports that 50 protesters have been shot in the eye since the demonstrations began March 30, 2018 – leaving them permanently blind.
"Some of these protesters and journalists were hit in the eye with teargas canisters, but most were targeted directly with what is commonly called a 'rubber bullet,' giving the impression they are somehow benign," says Ashraf Alqedra, MD, a treating physician at Gaza City's al-Shifa Hospital and spokesperson for the Ministry of Health.
Additionally, this form of police brutality was well documented during the 2019 Chilean protests where the New York Times reported, “At least 285 people in Chile have suffered severe eye trauma, mostly from hardened rubber bullets and tear gas canisters fired by Chilean security forces at protesters during the month of unrest.”
Students Lead the Charge and More Marches to Come
It is important to note that it was during a peaceful march led by students that journalists were targeted. The march, which took place on Wednesday, was led by several student groups and popular organizations. Haitian students continue to be on the frontlines in the movement for calling out the repressive Jovenel regime, the uptick in insecurity and the lack of proper educational resources in the country.
Another larger protest has been announced for this upcoming Sunday, February 14. Organizers are hoping to use the all-white march as an opportunity to call for Jovenel to step down so the interim government may take over. As former deputy Serge Jean-Louis puts it: “Seules les mobilisations sont capables de faciliter l’installation du président désigné par l’opposition en la personne de Joseph Mécène Jean-Louis.”
A Split in Washington
Given that the United States is partly to blame for this constitutional crisis, we’d be remiss not to mention what the reaction in Washington, D.C. has been. While the Biden Administration appears resolute in their support of Jovenel, some lawmakers in D.C. have called for him to step down. Senator Patrick Leahy of Vermont took to twitter to make his thoughts known:
In a recent letter, seven lawmakers including, Congressmen Andy Levin and Alcee Hastings, call on Secretary of State Anthony Blinken “to pay close attention to Haiti, saying the human rights situation is perilous. They accuse Moïse of flouting democracy, unilaterally naming the country’s electoral council charged with staging elections, and carrying out “dubious constitutional reforms.”
Money, Power, Respect…Eating Rice
You can’t separate a Haitian from their rice, but it looks like we can’t keep the Americans from over-saturating us with it either. This week, friend to Woy Jakob Johnston revealed that Haiti purchased a whopping $244 million worth of rice from the U.S. Where Haiti used to be the fourth largest market for U.S. rice, it is now the third.
And if you’re wondering how we got here, well…
A few decades ago, Haiti was self-sufficient in rice, a crop so important here that the U.N. estimates it makes up about a quarter of people's daily diet. It even grew enough to export. But production collapsed after the U.S. and international lenders forced the country to dramatically lower tariffs that protected local farmers, from 50 percent to 3 percent in the last three decades.
The Father of Haitian Realism
In the midst of all this news, we want to take some time out to honor the life and work of master painter Franck Louissaint who passed away on February 5 at the age of 71. He is known for developing a hyper-realist form that he later went on to teach to others.
Woy Chat - Next Week!
Please remember to join us next Thursday for a special #WoyChat with the incredible historian Bayyinah Bello to discuss the myths and legends surrounding women’s involvement in the Haitian revolution. You won’t want to miss it! See you then!
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