Child Soldiers Global Report 2004 - Haiti

Republic of Haiti

Covers the period from April 2001 to March 2004.

Population: 8.2 million (3.9 million under 18)
Government armed forces: no armed forces
Compulsory recruitment age: not applicable
Voluntary recruitment age: not applicable
Voting age: 18
Optional Protocol: signed 15 August 2002
Other treaties ratified (see glossary): CRC

The presence of under-18s, including children as young as 12, was reported in irregular, loosely-formed armed political groups operating across the country. The use of children did not appear to be widespread or systematic.

Context

Following disputed parliamentary elections in 2000, dialogue between the former government of Jean Bertrand Aristide and the political opposition broke down, and parliament eventually ceased to function. The opposition had faced growing repression since the restoration of democracy in 1994, from both the police and chimères, armed groups acting in support of the government. Attempts by the Organization of American States to broker negotiations over new parliamentary elections failed.¹ From 2003 the government faced growing dissent from opposition and civil society movements, and attacks by armed groups and disaffected street gangs. The police frequently failed to protect opposition demonstrators and others from abuses by government supporters.²

President Aristide resigned and left the country on 29 February 2004 after an armed group gradually took control of much of the northern part of the country, destroying court buildings and police stations and releasing prison inmates. Following the adoption of UN Security Council resolution 1529, a Multinational Interim Force was deployed. A transitional government was formed in March 2004.³ However, insecurity continued to prevail, with a barely functional police force and armed groups at large across all regions of the country.⁴

The precarious economic situation continued to deteriorate, with much of the population lacking access to employment, education or basic health care. Aid remained partially blocked and UN agencies repeatedly appealed for emergency funds and for access to regions of the country cut off by political violence. UNICEF warned that children were particularly vulnerable because of the collapse of civil authority, and appealed for emergency assistance for street children and victims of rape.⁵

Government

National recruitment legislation and practice

The 1987 constitution continues to provide for compulsory military service by all Haitians who have reached the age of 18 (Article 268).⁶ However, there has been no military service since January 1995 when the armed forces were disbanded by presidential order, although no constitutional amendment was passed to confirm their dissolution.⁷ Recruitment to the civilian police force is voluntary and candidates have to be at least 18.⁸

Armed political groups

Armed groups included chimères, who continued to support former President Aristide after he left office, community-based groups and militias, and anti-Aristide groups made up of former soldiers, armed street gangs and prison escapees. The absence of the rule of law reinforced a climate of impunity, and crimes such as kidnapping, robbery and rape increased. Supporters of former President Aristide's Fanmi Lavalas party were targeted for intimidation after his departure.⁹ Several known human rights violators, including members of the former paramilitary group the Front pour l'avancement et le progrès d'Haïti (FRAPH), were members of anti-Aristide groups, and human rights abuses, including killings and ill-treatment, were reported.¹⁰

From December 2003 there were occasional reports of children being recruited by armed political groups, but it did not appear to be systematic or widespread. Haitian radio stations reported that armed children as young as 12 or 13 had been seen alongside armed supporters of Fanmi Lavalas in neighbourhoods of the capital, Port-au-Prince.¹¹ Young children were "easy prey" for the armed gangs, given the estimated 10,000 street children in Port-au-Prince, a child psychiatrist reported.¹² In a nationwide assessment in March 2004, UNICEF found that children were involved with armed gangs in almost a third of the surveyed zones and that many who had participated in violence were in fear of retribution. The report said that street children were particularly vulnerable to being recruited into armed groups, and that other children who joined such groups went along with relatives.¹³

1 UN Security Council, Report of the UN Secretary-General on Haiti, 16 April 2004, UN Doc. S/2004/300, http://www.un.org/documents.

2 Amnesty International Report 2004, http://web. amnesty.org/library/engindex.

3 Report of the UN Secretary-General on Haiti, op. cit.

4 Amnesty International (AI), Haiti: All armed groups must be disarmed, 7 May 2004.

5 UNICEF, Haiti's simmering war erodes child health, 24 February 2004; UNICEF issues Haiti emergency appeal for $8.7 million, 27 February 2004; Amnesty International Report 2004; UN News, "UN urges unhindered humanitarian access to Haiti's north", 13 February 2004; UNICEF Flash Appeal, 9 March 2004.

6 1987 constitution, www.georgetown.edu/pdba/Constitutions/Haiti/haiti1987.html.

7 OAS/UN International Civilian Mission in Haiti, The Haitian National Police and Human Rights, July 1996; Report of the UN Secretary-General on Haiti, op. cit.

8 Loi du 29 novembre 1994 portant création, organisation et fonctionnement de la Police Nationale, Moniteur, 28 December 1994, Haiti, Article 59.

9 Report of the UN Secretary-General on Haiti, op. cit.

10 AI, Haiti: All armed groups must be disarmed, op. cit.

11 La Presse, "Les enfants chez les partisans armés d'Aristide", 13 December 2003.

12 La Presse, "Haiti: les 'Chimères' vaillants soldats ou mercenaries agressifs", 17 February 2004.

13 UNICEF, Haiti: Rapid Assessment, March 2004, and West's most neglected children bear brunt of Haiti's upheaval, 19 April 2004.