Rights Action - March 16, 2011
info@rightsaction.org / www.rightsaction.org
HAITI: Urgent Sign-on Letter, in Support of Return of President Aristide to Haiti
DEADLINE: 2 pm ET, Wednesday, March 16. To sign on, simply send an email to Brian@ijdh.org.
* Please forward this info all around ...
* To get on/off Rights Action listserv: www.rightsaction.org
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From: Brian Concannon [mailto:brian@ijdh.org]
Sent: Wednesday, March 16, 2011 10:56 AM
Subject: Haiti Lawyers Sign-On Letter
Grahame, This went out last night, sorry I forgot to send it to you. Please sign if you can.
Please Forward!!
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FROM: William Quigley (Legal Director, Center for Constitutional Rights) & Brian Concannon Jr., Esq. (Director, Institute for Justice & Democracy in Haiti)
Dear Colleagues:
We are circulating a sign-on letter (below) from lawyers and law professors to Cheryl Mills, the U.S. Department of State (DOS) Chief of Staff, in response to the DOS' outrageous statements Monday that Haiti's President Aristide should not return to Haiti because he might "impact Haiti's elections."
President Aristide is expected to try to fly out of South Africa on Wednesday or Thursday in a non-commercial jet, along with our colleague Ira Kurzban, actor/activist Danny Glover, journalist Amy Goodman and others. The South African government states that the U.S. government has pressured it to prevent the plane from leaving, but asserts that it will not bow to that pressure. It is expected that if the plane leaves South Africa that the U.S. government will try to prevent the plane from landing, in or near Haiti.
The unimpeded passage of President Aristide's plane is issue of principle, important both to Haitian and U.S. democracy. But it is also one of personal safety for those on board the plane. So please consider adding your name to this letter. We ask that you list your organizational affiliation, but we will state in the letter that this is for identification purposes only.
Our time is tight, as the plane may leave on Wednesday. We will hand-deliver the letter and signatures on Thursday morning, and would therefore need to close the signatures by 2 PM ET on Wednesday. We apologize for the short notice.
To sign on, simply send an email to Brian@ijdh.org.
Let us know if you have any questions, and thank you for considering supporting this initiative.
Best,
William Quigley
Legal Director
Center for Constitutional Rights
Brian Concannon Jr., Esq.
Director, Institute for Justice & Democracy in Haiti
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LETTER
Cheryl Mills, Esq.
Counselor and Chief of Staff
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Re: United States Government Opposition to the Right of Haiti's Jean-Bertrand Aristide to Return
Dear Chief of Staff Mills:
The undersigned lawyers and law professors are writing to express our deep concern that the United States Department of State (DOS) is actively interfering with the human and constitutional right of former Haitian President Jean-Bertrand Aristide to return to his country.
As you know, President Aristide was removed from Haiti on February 29, 2004, on board a U.S. Government plane.[1] He has not returned to the country since then.
According to numerous press reports, on Monday March 14, DOS spokesperson Mark Toner stated that "[w]e encourage the South African Government as a committed partner to Haiti's stability to urge former President Aristide to delay his return until after the elections," and that "[w]e would urge former President Aristide to delay his return until after the electoral process has concluded...."
These statements, read in light of previous United States Government efforts to diminish President Aristide's presence and influence in Haiti,[2] demonstrate a deliberate effort to restrict President Aristide's ability to travel to Haiti.
Haiti's Constitution[3] guarantees the right of any Haitian national to return to the country. The International Covenant on Civil and Political Rights (ICCPR), which is binding on both the United States and Haiti, declares that "[n]o one shall be arbitrarily deprived of the right to enter his own country."[4]
The DOS justification for restricting President Aristide's constitutional and human rights - that his "return this week could only be seen as a conscious choice to impact Haiti's elections" - is itself a violation of his political rights, including his right to free expression,[5] freedom of association,[6] and freedom to take part in the conduct of public affairs.[7]
It is especially disturbing to see such disrespect for internationally-accepted human rights from a Department that has made human rights an important part of its foreign policy, and that includes such noted human rights experts as Legal Advisor Koh and Assistant Secretary Posner.
We would urge you to reconsider the DOS policy of discouraging President Aristide's exercise of his right to return to Haiti in light of the applicable legal standards, and to announce unequivocally that the United States government supports President Aristide's right to return, and discourages other countries from interfering with that right.
Very truly yours,
*Organizational affiliations for identification purposes only
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