Email from Peter Dailey

November 26, 2010

Dear Erin,

A word of caution. The events in Haiti from 1994 to the present were enormously polarizing and continue to be so. You should treat anything you are told with the proper degree of skepticism & that includes whatever I have to say. I'm a lawyer and writer, was an early supporter of the democracy movement, and in 2003 wrote a series of articles for the New York Review of Books that were highly critical of Aristide and Lavalas, and caused me a whole lot of shite, including accusations that I was working for the CIA, death threats, etc.  When the accounts of the Haitian government were opened in 2004 following Aristide's departure I was amused to see that Ricot had been receiving a monthly stipend of $15K to "get the message out." The two principal books on the period - Deibert and Hallward - agree on almost nothing, including the most basic facts. Although he is a great man, Paul Farmer is thoroughly unreliable on politics, and was as blind to Aristide's defects as he is to those of Paul Kagame in Rwanda, where Paul & Partners in Health spend a lot of time these days. I don't mean to mystify things unnecessarily , or suggest that the truth is unknowable, but I wouldn't place a lot of credence in anyone, particularly Americans,  who claims to speak for, or know, the wishes and desires of Haitian peasants - 75% of Haiti's population. Amen!

Good luck!
Peter Dailey

An Email from Joy Miksic, a Professor in Haiti

November 11, 2010

Dear Erin, 

What an important questions you raise.  In PAP, there are some sources for information – TV, radio and some newspapers.  However, in the rural cities and towns the only real mechanism I have seen is Radio (few libraries, TV is garbage info, no newspapers).  But I have never heard anyone from the government share this type of information on the radio – maybe it happens. 

We train secondary teachers, now in Ouanaminthe.  The teachers could share info like this, but they are getting no training.  Even if they happen to hear about this type of information it is also unlikely because they teach from rote materials developed years ago.

We always teach the UN declaration of children’s rights, and the corresponding Haitian declaration (2002).  I can confirm that the teachers I work with (up to more than 250 secondary now) do not know anything about these laws. Even tho’ they directly impact on teaching methods (they still use corporal punishment regularly).  This year we had a Lawyer teach that who brought in photocopies from an article in “le monitor” No. 80 Lundi 1 Oct 2001 “Corps Legislatif”.  The teachers were very very anxious to get this information.  I don’t know who gets copies of The Monitor, as there are no libraries in Ouanaminthe.

There are debate programs all over Haiti through FOKAL.  It would be interesting to ask them if they ever debate current legislation.

Good luck with your project.  Very important!

Joy Miksic

Pwof Ansanm

Radio in Haiti

Radio Kiskeya is a popular radio station broadcast from Port-au-Prince. On June 13, 2007, Radio Kiskeya aired a special on Solidarite Fanm Ayisyen (SOFA), a women's group that "seeks to challenge the Haitian society in general and state officials in particular on the extension of violence against women." SOFA conducted a report on violence against women and girls in Haiti that "illustrated the gravity of the situation and the lack of state intervention to curb gender violence." The SOFA report called for "mandatory issuance of medical certificates, criminalization of rape, partial decriminalization of abortion, regulation of concubines (placage), and the development of a family planning program." (1)

(1)  "SOLIDARITE FANM AYISYEN – SOFA." Radio Kiskeya. N.p., 09 Sep 2007. Web. 29 Nov 2010. <http://radiokiskeya.com/spip.php?article4095>

Contemporary Newspapers

Le Nouvelliste is a great newspaper, but I wanted to find a form of media that was less traditional. I stumbled upon Haiti Libèrte( http://www.haiti-liberte.com/), a "fresh, new Haitian weekly newspaper distributed throughout the United States, Canada, Europe, and Haiti." Over two million Haitians who live in North America and Europe read Libèrte in Creole, French, and English. In North America and Europe, Libèrte is distributed through newsstands or subscriptions, but in Haiti, it is sold through street vendors.

I searched for articles related to domestic violence and rape and found one titled, "A Victim of Imperialism," about a Haitian man named Mesac Damas who murdered his wife in Naples, Florida. (1) I did not have access to this issue because it was printed on September 30, 2009, but I found  Le Nouvelliste's coverage which said, "Mesac Damas has been in the past prosecuted for domestic violence, according to court records of Collier County. In 2005, he received a dismissal. They were married for two years but lived together for ten years." (2).

I wonder how Haitians, both inside and outside of Haiti, react when they see the term "domestic violence." Since there is no law prohibiting domestic violence, do Haitians truly understand what it is and why it is regarded as wrong in most countries? 

(1)  "A Victim of Imperialism ." Le Nouvelliste. N.p., 30 Sept 2009. Web. 29 Nov 2010. 

                   <http://www.haiti-liberte.com/archives/buying_options/Vol.3-No.11%20of%20Sep.30-Oct.6.%202009.asp>.

(2) "Mesac Damas, arrete!" Le Nouvelliste. N.p., 21 Sep 2009. Web. 29 Nov 2010. 

               http://www.lenouvelliste.com/article.php?PubID=&ArticleID=74409

             
     

Cases of Rape Reported in Le Nouvelliste

Claude Bernard Sérant wrote in the January 10, 2008 Le Nouvelliste article "Main basse sur l'innocence,"From October 2006 to October 2007, 1449 cases of violence agianst women and girls were received in the office of West County Department for Women and Women's Rights. Since August 2005, Article 278 of the Penal Code now read as follows: Whoever commits the crime of rape, or is guilty of any sexual assault or attempt at violence, threat, surprise, or psychological pressure against the person one or the other sex, shall be punished by ten years hard labor." Virginia, who was raped in 2003 when she was thirteen, wishes that the law had retroactive power. Her rapist received much less punishment than he would today. "Virginia said that if she was thirteen now, she would have procured a medical certificate and would file a complaint against his attackers. These fall under Article 3 of the decree: If the crime committed against a child under the age of fifteen, the offender will be punished by fifteen years hard labor." (1)

Here's an example of the law's function in society:  "Audience criminelles sans assistance de jury," printed in Le Nouvelliste on April 23, 2008. "Marc Orel Joly was sentenced to 15 years of hard labor for raping a minor of 11 years, under Articles 2 and 3 of the Decree of August 11, 2005." (2)

(1) Sérant, Claude Bernard. "Main basse sur l'innocence." Le Nouvelliste. N.p., 10 Jan 2008. Web. 29 Nov 2010. <http://www.lenouvelliste.com/article.php?PubID=&ArticleID=52924>.  

(2) " Audiences criminelles sans assistance de jury." Le Nouvelliste. N.p., 23 Apr 2008. Web. 29 Nov 2010. <http://www.lenouvelliste.com/article.php?PubID=&ArticleID=56784>.

Le Nouvelliste Articles on Sexual Harassment

          There is no statute against domestic violence or sexual harassment in Haiti. These articles mentioned a group called the Service of Women's rights and their efforts with other Haitian organizations like MCFDF (Ministre à la condition feminine et aux droits des femmes) to motivate the legislature to create a statute on sexual harassment. "The Service of Women's Rights is conducting a review of some laws. This work is also a major statutory change to include the concept of sexual assault in the Criminal Code and to take into account the different forms of violence, including sexual harassment. Sexual harassment is meant by 'advances or unwanted sexual gestures and repeated, usually from a person who has power or authority over the victim.' It can take several forms: touching, advances, and inappropriate comments."(1)

           "Even if the harassment is not clearly defined in Haitian law, this does not mean that this practice does not exist in Haiti. Often, the victim is the only one to pay the price." (2)

  (1) "Les précisions du ministère à la condition féminine." Le Nouvelliste. N.p., 07 Jul 2006. Web. 19 Nov 2010. <http://www.lenouvelliste.com/article.php?PubID=&ArticleID=31645>.
(2) Cincir, Amos. "Un virus qui ronge le secteur ." Le Nouvelliste. N.p., 09 Oct 2009. Web. 19 Nov 2010. <http://www.lenouvelliste.com/article.php?PubID=&ArticleID=74903>.

What is Le Nouvelliste?

             Le Nouvelliste has been indispensable to my project, so I thought I would share their history, mission statement, and target audience. 

          Le Nouvelliste was founded in 1898, which makes it the oldest daily newspaper in Haiti. It has a circulation of over 18,000 copies for a readership of over 100,000 people in nineteen cities. Copies are passed throughout offices, libraries, and households.

           Le Nouvelliste used to have a reputation of being exclusive only to intellectuals. However, this perception has changed over time.  "Le Nouvelliste has earned a place in society that reflects its desire to inform. Now, readers of Le Nouvelliste are regarded as decision makers, leaders, senior executives of lessons, corporate executives, managers, and professionals than among the young and educated to the extent that the newspaper is very present in schools and universities."(1)

"The History of Le Nouvelliste." Le Nouvelliste. N.p., 09 Feb 2006. Web. 29 Nov 2010. 

           "The History of Le Nouvelliste." Le Nouvelliste. N.p., 09 Feb 2006. Web. 29 Nov 2010.     <http://www.lenouvelliste.com/apropos/lenouvelliste.php>.

A July 11, 2005 Le Nouvelliste Article About The World Population Day Forum Mentions the Revisions

Several Nouvelliste articles briefly mentioned the 2005 revisions.  However, an in-depth explanation did not appear in the popular press until Mme Chancy's article in 2007. The article"Equality for the continuation of sustainable development," which was printed in Le Nouvelliste on July 11, 2005, covered World Population Day 2005, which was themed "Equal opportunities, equal rights." The purpose of the forum was to discuss and debate issues relating to gender inequality. "The use of violence against women as a weapon of war or terror, has already been the subject of much debate in the international forum." UNFPA executive director Thoraya Ahmed Obaid said, "The continuation of  inequality has high costs that result in broken bodies, broken dreams and crushed spirits. Today, ill health in the area of sexuality and reproduction is the leading cause of death and sickness for women in the developing world. Poverty and inequality contribute to the spread of HIV because women are not able to negotiate to ensure their personal safety."

The World Population Day forum could not have been held at a more appropriate time. Three days before the discussion began, the Penal Code was revised. This article quoted Adeline Magloire Chancy, the Minister for the Status of Women, who said, "The Decree of July 2005, amended the rules on sexual assault and eliminated discrimination in the matter against women in the penal code. This decree established under the rape and sexual assault increases penalties unlike the former, which cataloged them in the register of sexual offenses." 

It is interesting to note that the revised laws were not in effect at the time of this article's publication. The law was functionless until August 11, 2005, when they were printed by Le Moniteur. Despite the fact that the decree had been passed five days before this article was written, Mme Chancy's comment was the only mentioning of it.

Gary, Cypren L. " L'égalité, condition essentielle au développement durable." Le Nouvelliste. N.p., 11 Jul 2005. Web. 16 Nov 2010. <http://www.lenouvelliste.com/article.php?PubID=&ArticleID=45931>.