Haiti: The political situation, including the contestation of the president's mandate and the government's response (2019–July 2021)
For information on the political situation between 2015 and July 2020, including presidential, legislative, and municipal elections as well as active political parties, see Response to Information Request HTI200290 of July 2020.
1. Contestation of the President's Mandate
Sources report that Haiti's Constitution limits presidents to a five-year term and that President Jovenel Moïse's political opponents state that he has already reached this limit (AP 8 Feb. 2021; Al Jazeera 28 Feb. 2021). A February 2021 Associated Press (AP) article notes that Moïse was elected in 2016 but "[t]he elections were so chaotic" that a provisional president was appointed for a year and Moïse was not sworn in until February 2017 (AP 8 Feb. 2021). Sources report that those opposing President Moïse have stated that the president's five-year term should have ended on 7 February 2021 (Al Jazeera 28 Feb. 2021; AP 8 Feb. 2021; BBC 15 Feb. 2021). According to sources, there have been calls for the president to resign (Al Jazeera 28 Feb. 2021; AP 8 Feb. 2021; AFP 14 Apr. 2021). A February 2021 Al Jazeera article notes that the Haitian Bar Federation, the Superior Council of Judicial Power, and Quisqueya University [in Port-au-Prince] have stated that Moïse's mandate ends in 2021 (Al Jazeera 28 Feb. 2021). However, sources indicate that President Moïse has stated that his five-year term does not end until 2022 (Al Jazeera 28 Feb. 2021; BBC 7 Feb. 2021).
Sources report that on 8 February 2021 the Haitian opposition named a Supreme Court judge (The Washington Post 8 Feb. 2021) or magistrate (Reuters 8 Feb. 2021) as interim president (Reuters 8 Feb. 2021; The Washington Post 8 Feb. 2021).
Sources note that on 14 April 2021 President Moïse announced that a new prime minister had been appointed (AFP 14 Apr. 2021; Al Jazeera 14 Apr. 2021), after the former prime minister resigned (Al Jazeera 14 Apr. 2021).
Sources report that in June 2021, due to COVID-19, Haiti postponed a constitutional referendum which had been scheduled for 27 June 2021; no new date was given for the referendum (Al Jazeera 8 June 2021; Le Figaro with AFP 8 June 2021).
2. Protests
According to the Political Handbook of the World 2018-2019, "[m]assive protests broke out across Haiti after the government announced a reduction in fuel subsidies in July 2018" (Political Handbook of the World 2019, 13). The same source reports that "at least seven people were killed and hundreds injured" during the "civil unrest" which prompted the resignation of Prime Minister Jack Guy LaFontant on 14 July 2018 (Political Handbook of the World 2019, 13). Similarly, the New York Times reports that "at least" seven people were killed in July 2018 protests in response to corruption allegations and the government's decision to end fuel subsidies (The New York Times 28 Sept. 2019). Bertelsmann Stiftung's Transformation Index (BTI) 2020, which "assesses the transformation toward democracy and a market economy as well as the quality of governance in 137 countries" and covers the period from February 2017 to January 2019, indicates that in July 2018, protests in response to an increase in the price of fuel by the government "forced" Moïse to replace the prime minister and that "[f]our months later" there were more protests calling for Moïse's removal (Bertelsmann Stiftung 2020, 2, 9).
Human Rights Watch (HRW), in their 2021 report on the events of 2020, notes that since Haiti's government announced in July 2018 that it was eliminating fuel subsidies, there has been "widespread civil unrest" (HRW 13 Jan. 2021, 296). The same source indicates that protests increased in 2019 "amid evidence of embezzlement of funds intended for infrastructure and healthcare under three successive governments, including that of President Jovenel Moïse" (HRW 13 Jan. 2021, 296). A January 2021 report on human rights violations and the 2018–2019 protests in Haiti by the Human Rights Service (Service des droits de l'homme, SDH) of the UN Integrated Office in Haiti (Bureau intégré des Nations Unies en Haïti, BINUH) and the Office of the UN High Commissioner for Human Rights (OHCHR) [1] notes that from 6 July 2018 to 10 December 2019 there were six cycles of protests, in July, October, and November 2018, and in February, June, and September–December 2019 (UN Jan. 2021, 3). A March 2019 report on the February 2019 protests in Haiti by the Office français de protection des réfugiés et apatrides (OFPRA) states that protests in Haiti [translation] "brought the country to a standstill" from 7 to 18 February 2019; there were "conflicting" estimates of the death toll, but sources place it between approximately ten and fifty (France 26 Mar. 2019, 2).
Freedom House states that anti-government protests occurred throughout 2020 and called for Moïse's resignation "over allegations of corruption, his various decrees, and the mismanagement of the coronavirus pandemic" (Freedom House 3 Mar. 2021, Sec. Key Developments in 2020). A February 2021 UN report on the implementation of the mandate of BINUH indicates that in the "second half of 2020" there were, on average, 84 protests per month (UN 11 Feb. 2021, para. 17). A January 2021 report on the human rights situation in Haiti in 2020 by Défenseurs plus, a Haitian organization that aims to defend and promote human rights across Haiti (Défenseurs plus n.d.), notes that despite COVID-19, which created conditions [translation] "unfavourable for mass gatherings," Défenseurs plus counted 30 "large" protests in Port-au-Prince and other cities in 2020 (Défenseurs plus 21 Jan. 2021, 15). The same source states that motivations behind these protests included insecurity, particularly kidnappings, an increase in armed gangs, and various massacres; impunity and injustice; repression of unions; [translation] "illegal and arbitrary" dismissals; and a desire for better working conditions, the resignation of the president, and high-quality education (Défenseurs plus 21 Jan. 2021, 15). The Défenseurs plus report notes that [translation] "various" groups within society united around these causes, including students, doctors, and police officers (Défenseurs plus 21 Jan. 2021, 15–16).
Sources report that on 13 February 2021 "thousands" of people protested against the government in Port-au-Prince (Al Jazeera 15 Feb. 2021) or in Port-au-Prince and other cities (BBC 15 Feb. 2021).
Freedom House notes that "[o]pposition party leaders are sometimes threatened, and protests organized by opposition parties are regularly met with repressive force by the government" (Freedom House 3 Mar. 2021, Sec. B1). The HRW report states that police have responded to protests "with excessive force" (HRW 13 Jan. 2021, 296).
The BINUH and OHCHR report notes that the protests in summer 2018 started out [translation] "generally peaceful" but became "more and more marked by violence over time" (UN Jan. 2021, 3). The same source reports that investigations conducted by the SDH documented violations of the rights to life, security of the person, peaceful assembly, and freedom of expression (UN Jan. 2021, 3). The BINUH and OHCHR report also notes that a [translation] "large number" of barricades were installed on main roads and that these barricades violated the rights to freedom of movement, health, education, and food as well as the [translation] "right of persons deprived of liberty to humane treatment" (UN Jan. 2021, 3). The same source reports that the SDH identified 131 people, including 19 women and 9 minors, who were [translation] "victims of violations and abuses" during the 2018 protests; that number rose to 567 for the 2019 protests, including 43 women and 47 minors (UN Jan. 2021, 3). The same source reports that 66 percent of [translation] "abuses and violations" were "perpetrated" by non-state actors and both pro-government and anti-government supporters and 34 percent were related to use of force by law enforcement (UN Jan. 2021, 3). The BINUH and OHCHR report states that the violence [translation] "peaked" during the protests from September to December 2019 and that this is when the "most violations and abuses were documented" (UN Jan. 2021, 3). The same source reports that the SDH observed a 333 percent increase in the number of victims of human rights violations between 2018 and 2019 (UN Jan. 2021, 3). The BINUH and OHCHR report notes that [translation] "few" investigations were opened into these abuses and violations, no individuals have been "held legally responsible," and "no reparation measures have been offered to the victims" (UN Jan. 2021, 3).
The February 2021 Al Jazeera article reports that "[p]olice have cracked down on demonstrations, and several protesters, as well as journalists, have been injured" (Al Jazeera 28 Feb. 2021). The Défenseurs plus report states that cases of police violence were documented during the protests in 2020 (Défenseurs plus 21 Jan. 2021, 16). The same source notes that there were [translation] "[s]everal allegations" of the use of live ammunition during the 2020 protests; during the protests, individuals reported injuries from live ammunition, rubber bullets, and tear gas used by law enforcement officials (Défenseurs plus 21 Jan. 2021, 16).
Freedom House states that "[a]ttacks on journalists occur frequently" (Freedom House 3 Mar. 2021, Sec. D1). The 2021 World Press Freedom Index by Reporters Without Borders (Reporters sans frontières, RSF) states that "[d]uring demonstrations, reporters have increasingly been subjected to intimidation and violence by both police and protesters, rendering them more vulnerable and stigmatised" (RSF 2021). An AP article reports that in January 2021 a "couple hundred" journalists and opposition activists marched in Port-au-Prince against police brutality and for justice for journalists who have been killed "in recent years" (AP 28 Jan. 2021). The same source notes that "[s]everal" journalists have been injured while covering recurrent "violent" protests (AP 28 Jan. 2021). The AP article indicates that in March 2018 a freelance photojournalist "disappeared" while on assignment; in June 2019 a journalist, who had just finished a radio program about corruption allegations against President Moïse, was shot and killed; and in October 2019, a reporter was found in his car in Mirebalais with "several" gunshot wounds to the head (AP 28 Jan. 2021). The BTI 2020 notes that during Moïse's presidency "there have been several attempts to intimidate journalists" through violence or "by blocking their access to news sites" and that in March 2018 "a prominent reporter for a local radio station" was "lured to one of the capital's slum communities where he was murdered" (Bertelsmann Stiftung 2020, 10).
3. Government Response
Sources report that legislative elections were postponed "indefinitely" in October 2019 (Freedom House 3 Mar. 2021, Sec. Key Developments in 2020; HRW 13 Jan. 2021, 296). Freedom House notes that "President Moïse attempted to consolidate power in the executive branch and passed decrees without legislative approval" (Freedom House 3 Mar. 2021, Sec. Key Developments in 2020). Sources indicate that Moïse has been ruling by decree since January 2020 (HRW 13 Jan. 2021, 296; Reuters 8 Feb. 2021; The Washington Post 8 Feb. 2021). A March 2021 Reuters article notes that during the time Moïse has been ruling by decree he has passed "dozens" of decrees and that some of these included "long overdue" reforms, such as an update to the penal code," while others were "deeply controversial," including one that defined certain types of protest as "terrorism" and another that created an intelligence agency that is "accountable only to the president" (Reuters 30 Mar. 2021). Similarly, the February 2021 AP article reports that Moïse passed a decree that created an intelligence agency that "answers only to the president" as well as a decree that restricts the powers of a "court that audits government contracts," and a decree that "classifies robbery, arson and blocking public roads — a common ploy during protests — as terrorism, leading to heavy penalties" (AP 8 Feb. 2021). Freedom House indicates that, in November 2020, Moïse created the National Intelligence Agency (Agence nationale d'intelligence, ANI)
to gather information on and prevent terrorist acts, under an expanded definition of the term. The presidential decree that created the body granted the ANI total secrecy and the ability to conduct surveillance of individuals and businesses at any time, even if there is no relevant ongoing investigation. (Freedom House 3 Mar. 2021, Sec. C3)
The February 2021 Al Jazeera article indicates that Moïse has "issued decrees that effectively removed judges from the supreme court (Cour de cassation) in violation of the Constitution" and appointed replacement judges to the court, also against "constitutional guidelines" (Al Jazeera 28 Feb. 2021).
Sources report that Haitian authorities said that they thwarted an attempt to assassinate President Moïse and overthrow the government (Al Jazeera 7 Feb. 2021; BBC 7 Feb. 2021; AFP 7 Feb. 2021) on 7 February 2021 (AFP 7 Feb. 2021). The same sources indicate that, according to authorities, [23 (Al Jazeera 7 Feb. 2021) or "at least" 23 (BBC 7 Feb. 2021; AFP 7 Feb. 2021)] people were arrested, including a ["top" (AFP 7 Feb. 2021; BBC 7 Feb. 2021) or Supreme Court (Al Jazeera 7 Feb. 2021) judge] and a [senior police officer (BBC 7 Feb. 2021) or a police official (AFP 7 Feb. 2021; Al Jazeera 7 Feb. 2021)] (AFP 7 Feb. 2021; Al Jazeera 7 Feb. 2021; BBC 7 Feb. 2021).
Media sources indicate that, on 7 July 2021, President Moïse was assassinated, reportedly by mercenaries, in his home in Port-au-Prince (BBC 12 July 2021; Reuters 8 July 2021; The Washington Post 7 July 2021). According to sources, following Moïse's death, there was "a lack of clarity" (The Washington Post 7 July 2021) or "confusion" (The Guardian 8 July 2021; Reuters 10 July 2021) over who has the authority to lead the country (The Guardian 8 July 2021; Reuters 10 July 2021; The Washington Post 7 July 2021). A 10 July 2021 Washington Post article reports that four people have "staked claims to either the presidency or the prime minister's post," including Claude Joseph, the acting prime minister (The Washington Post 10 July 2021). Sources indicate that Joseph has assumed power "for now" (The Guardian 8 July 2021) or "so far" (Reuters 10 July 2021). According to sources, prior to his death, Moïse appointed a new prime minister [Ariel Henry (The Guardian 8 July 2021)], but he had not yet been sworn in (The Guardian 8 July 2021; Reuters 8 July 2021). Sources report that, on 9 July 2021, members of Haiti's Senate nominated the president of the Senate, Joseph Lambert, as interim president of the country (Reuters 10 July 2021; The New York Times 11 July 2021; The Washington Post 10 July 2021). According to a 11 July 2021 New York Times article, a resolution passed by the Senate on 9 July 2021 stated that "Mr. Lambert should become provisional president until January, when a new parliament would be elected" (The New York Times 11 July 2021). The same source indicates that the resolution also stated that Henry should replace Joseph (The New York Times 11 July 2021).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Note
[1] The January 2021 report on human rights violations and the 2018–2019 protests in Haiti by the Human Rights Service (Service des droits de l'homme, SDH) of the UN Integrated Office in Haiti (Bureau intégré des Nations Unies en Haïti, BINUH) and the Office of the UN High Commissioner for Human Rights (OHCHR) was based on 13 fact-finding missions carried out by the SDH between 29 January and 10 March 2020 in Cap-Haitien and Limbe, Les Cayes, Gonaïves, Saint Marc, Jacmel, Jérémie, Mirebalais, Miragoâne, Petit-Goâve, and Port-au-Prince, which included 191 interviews with victims of violations and abuses as well as with witnesses and authorities (UN Jan. 2021, 5).
References
Agence France-Presse (AFP). 14 April 2021. "Haiti's Government Resigns, New Prime Minister Appointed: President." [Accessed 16 June 2021]
Agence France-Presse (AFP). 7 February 2021. "Attempted Coup Foiled in Haiti: Justice Minister." [Accessed 17 June 2021]
Al Jazeera. 8 June 2021. "Haiti Postpones June 27 Constitutional Referendum." [Accessed 16 June 2021]
Al Jazeera. 14 April 2021. "Haiti's Prime Minister Resigns, Replacement Appointed." [Accessed 16 June 2021]
Al Jazeera. 28 February 2021. Ralph Thomassaint Joseph. "What Is Happening in Haiti, Where Political Crisis Persists?" [Accessed 17 June 2021]
Al Jazeera. 15 February 2021. "'Down with the Dictatorship': Protests Continue in Haiti." [Accessed 17 June 2021]
Al Jazeera. 7 February 2021. "Haiti President Alleges Attempted Coup amid Dispute over Term." [Accessed 17 June 2021]
Associated Press (AP). 8 February 2021. "Explainer: Why Haiti's Political Strife Has Worsened." [Accessed 17 June 2021]
Associated Press (AP). 28 January 2021. "Haiti Journalists Denounce Police Brutality, Demand Justice." [Accessed 28 June 2021]
Bertelsmann Stiftung. 2020. "Haiti Country Report." Bertelsmann Stiftung's Transformation Index (BTI) 2020. [Accessed 22 June 2021]
British Broadcasting Corporation (BBC). 12 July 2021. "Haiti President's Assassination: What We Know So Far." [Accessed 13 July 2021]
British Broadcasting Corporation (BBC). 15 February 2021. Rose Delaney. "Dispute over Haiti Presidential Term Triggers Unrest." [Accessed 16 June 2021]
British Broadcasting Corporation (BBC). 7 February 2021. "Haiti Political Turmoil: Judge and Police Officer Among 23 Arrested for 'Coup Attempt'." [Accessed 17 June 2021]
Défenseurs plus. 21 January 2021. Rapport sur la situation des droits humains en Haïti pour l'année 2020. [Accessed 22 June 2021]
Défenseurs plus. N.d. "Qui nous sommes ?" [Accessed 22 June 2021]
Le Figaro with Agence France-Presse (AFP). 8 June 2021. "Haïti : report du référendum constitutionnel prévu le 27 juin." [Accessed 16 June 2021]
France. 26 March 2019. Office français de protection des réfugiés et apatrides (OFPRA). Les manifestations violentes de février 2019. [Accessed 23 June 2021]
Freedom House. 3 March 2021. "Haiti." Freedom in the World 2021. [Accessed 16 June 2021]
The Guardian. 8 July 2021. Peter Beaumont. "Haiti Reels from Murder of President as Police Hunt Assassins." [Accessed 14 July 2021]
Human Rights Watch (HRW). 13 January 2021. "Haiti." World Report 2021: Events of 2020. [Accessed 2 June 2021]
The New York Times. 11 July 2021. Constant Méheut. "The Leader of Haiti's Senate Is Among Those Vying for Power." [Accessed 14 July 2021]
The New York Times. 28 September 2019. Azam Ahmed. "Haiti Gripped by Violent Protests amid Calls for President's Ouster." [Accessed 22 June 2021]
Political Handbook of the World 2018-2019. 2019. "Haiti." Edited by Thomas Lansford. Thousand Oaks: CQ Press. [Accessed 23 June 2021]
Reporters sans frontières (RSF). 2021. "Haiti." 2021 World Press Freedom Index. [Accessed 28 June 2021]
Reuters. 10 July 2021. Steve Holland and Andre Paultre. "U.S. Rebuffs Haiti Troops Request After President's Assassination." [Accessed 14 July 2021]
Reuters. 8 July 2021. Andre Paultre. "Haiti Police Battle Gunmen Who Killed President, Amid Fears of Chaos." [Accessed 14 July 2021]
Reuters. 30 March 2021. Andre Paultre and Sarah Marsh. "As Turmoil Deepens, Haitians Fear Democracy Is Slipping Away." [Accessed 17 June 2021]
Reuters. 8 February 2021. Andre Paultre. "Haiti Opposition Names New Transitional Leader Amid Presidency Fight." [Accessed 17 June 2021]
United Nations (UN). 11 February 2021. Security Council. United Nations Integrated Office in Haiti: Report of the Secretary-General. (S/2021/133) [Accessed 22 June 2021]
United Nations (UN). January 2021. UN Integrated Office in Haiti (BINUH) and Office of the UN High Commissioner for Human Rights (OHCHR). Manifestations en Haïti : leurs impacts sur les droits humains et l'obligation de l'État de protéger tous les citoyens. [Accessed 23 June 2021]
The Washington Post. 10 July 2021. Widlore Merancourt and Anthony Faiola. "In Haiti, Rivals Claw for Power as Crisis Escalates After Assassination." [Accessed 14 July 2021]
The Washington Post. 7 July 2021. Widlore Merancourt, Anthony Faiola, and Miriam Berger. "Haitian President Jovenel Moïse Assassinated at His Home by Unidentified Gunmen." [Accessed 14 July 2021]
The Washington Post. 8 February 2021. Anthony Faiola. "Coup Allegations and Rival Claims to the Presidency Deepen Haiti's Crisis." [Accessed 17 June 2021]
Additional Sources Consulted
Internet sites, including: AlterPresse; Amnesty International; Australia – Department of Foreign Affairs and Trade; Axios; Bloomberg; Bureau des droits humains en Haïti; Canada-Haiti Information Project; Care International; CBC; Center for Strategic and International Studies; CNN; Council on Foreign Relations; Le Devoir; ecoi.net; Factiva; Fédération internationale pour les droits humains; Fondasyon Je Klere; Foreign Policy; Haiti – Office de la protection du citoyen; The Haitian Times; International Crisis Group; InSight Crime; Interuniversity Institute for Research and Development; Libération; LoopHaiti; Miami Herald; The New Humanitarian; Le Nouvelliste; Organization of American States – Inter-American Commission on Human Rights; Plateforme des organisations haïtiennes des droits humains; La Presse; Le Soleil; TV5MONDE; UN – Refworld; US – Congressional Research Service; Voice of America.