Ms.Sheila Jackson- Lee statement on Haiti

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Ms. JACKSON-LEE of Texas. I thank the distinguished ranking member of the full committee for yielding.

Madam Speaker, this has been a tumultuous and trying set of days for the members of the Congressional Black Caucus and other Members of this House who have shown their leadership and concern for the Haitian people. I want to thank, particularly, the gentleman from Michigan for an untiring and unrelenting effort as the chair of the Haiti Task Force, a persistent and informed advocate for Haiti over the years, knowledgeable about issues of democracy. I join him tonight because I believe that not only have we tainted the page of democracy but some might say that we have torn it from its book.

As I look over this last weekend and the last couple of days in the meetings that we held or had with both the Secretary of State and the National Security Adviser and,

of course, the President of the United States, the Members who were present were there in good faith and they had good intentions to be able to accept or at least to make real democratic principles, and, that is, our plea was at that time to establish a humanitarian corridor, to have an international force of peacekeeping and peace maintenance, and to restore or to have a diplomatic solution once the violence had ended.

Unfortunately, I believe that the direction that was taken was maybe somewhat parallel to what we saw in Iraq. Interestingly enough, the people of Iraq did not call the United States in for a unilateral, preemptive attack against Iraq. We all acknowledge the despotic and heinous acts of Saddam Hussein, but the people did not call us. But yet the people of Haiti begged for our intervention and they asked us to intervene along with the head of state. Unfortunately, they decided to ignore them. And what we have today are the following words, in an article dated March 2, 2004, in the Houston Chronicle. U.S. officials have called for the rebels to lay down their weapons now that Aristide has surrendered power. But the rebels make it clear that disarming is not in their playbook. Philippe, 37, and we know Guy Philippe, a former police chief, has said he has no intention of becoming Haiti's next president; but in the vacuum left by Aristide's departure, Philippe and the other armed rebels have become a force that cannot be ignored.

Tippenhauer, another one of the opposition party leaders, said he and other opposition politicians were not formally cooperating with the rebels before Aristide's resignation, but they would have to deal with them now. Rebels, insurgents, individuals who have criminal records, I happen to believe that all are innocent until proven guilty; but there is a long history of their involvement in violence. And so the question is to the American people and to this government, how could you depose of and remove a duly elected democratic President in the name of Jean-Bertrand Aristide and now place as leaders of the Haitian nation those who have been called many names, rebels and thugs, opposition leaders who are in fear of their lives, and rebels who suggest that they are not about to lay their arms down.

And so, Madam Speaker, I am joining with my colleagues to ask now for full congressional hearings, not next week, not next month or next year, but immediately. President Aristide, who I believe has no reason to misrepresent how he was led away from his nation, his presidency, has indicated now in fear and apprehension that he was swished away from his home against his will. The question is who and why and who directed it. The question is whether or not the United States will abide by the governance of international law and whether or not we will tell the American people the truth.

We now have as my colleague here on the floor of the House has so eloquently put in his statement and joined by the gentleman from Florida (Mr. Meek) those Haitians who are now in the United States who are in fear of their lives, there needs to be an immediate addressing of the question of temporary protection status. I join with my colleagues in pressing that opportunity and that emergency need. I further press the need for a complete overhaul of the treatment of Haitians in this country and will be pressing for, again, legislation to equate Haitians to Cubans, that when they touch the soil, their status will be able to be adjusted.

I join the gentleman from Michigan in asking the question, how can you interrogate a boatload of Haitians by a global question, looking at them, asking either the leader or whoever is the senior person on board and then determining whether or not there is a credible claim of fear? I believe that the Homeland Security Department has to immediately revise its policies to retrain inspectors and immediately send out a directive that says each individual Haitian and family member must be questioned separately as to whether or not their life has been threatened and that they are in jeopardy upon returning. I have joined my colleagues in sending letters to the Speaker of the House and the leader of the House to ensure that we have these immediate investigations. It is imperative that they be the International Relations Committee, the Permanent Select Committee on Intelligence, and I would offer to say the Select Committee on Homeland Security and the Judiciary Committee. Questions of the violation of law have been raised.

Allow me just to read these words as I come to a close. In 1825, France forced Haiti to assume a debt of $90 million to compensate French plantation slave owners for their financial losses in exchange for France's recognition of Haiti's independence.

My friends, Haiti paid back that debt. It took them 100 years, to 1925, to pay back $90 million. President Aristide, duly restored to power in the 1990s and then stepping down from power, having a duly democratic election for a new president who served 5 years, and then the people of Haiti reelected him, came back and asked France, one of the nations who early on had asked for him to leave or to be deposed, if you will, or to step down and resign, a few years later President Aristide asked for that debt to be repaid to the Haitian people, totaling about $21.7 billion in today's currency.




That amount of money would have restored Haiti to its prominence, would

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have provided them with the ability to rebuild its crumbling economy. Restitution, reparations, fair reparations, that this should have occurred. Is it not interesting that as President Aristide tried to hold his nation together, the International Monetary Fund, the World Bank, and the leadership of this Nation refused to release funds that would have helped the agrieconomy and other aspects of its economy be rebuilt, and yet we blame President Aristide in totality for the condition of this nation?
I join the gentleman in asking and demanding an immediate response by this administration that international forces be maintained in Haiti to keep the peace and to hold the peace, that immediate infusion of funds come into that Nation in order to provide a safety net for the people who are now starving without water and good food, and as well that the constitutional premise be adhered to and that is that the transition of government be adhered to under Article 149 where it speaks to the transfer of government. The present leader now admits he is not a politician. I do not even know if he will have the wherewithal to lead Haiti in this time, but what I will say is that the hand of the United States is very much involved in this process. Thugs have said that they are not going to lay their weapons down. What I actually say tonight is that we have a crisis, and I believe, along with the United Nations, this government has a responsibility to stand up and be counted. I am asking the administration now to be counted in this effort to rebuild Haiti. I am also asking for this administration to be accountable for what has happened to President Aristide, a duly-elected President, and I am asking for this Congress to abide by the Constitution for the fact that this Congress is an oversight body and ask the hard questions as to why freedom has seemingly been jeopardized and seemingly been undermined in the last 48 hours.

I thank the gentleman from Michigan (Mr. Conyers) for allowing us to have an opportunity to be able to challenge both our government and the international arena for what has occurred to an independent people who have sought nothing but freedom in this 200th year of their independence. I will continue to join with the voices of those who will join and stand up with them and be reminded of words heard earlier this evening: Someone said how does one change this government? They said by agitation, agitation, agitation. And I hope tonight will be the beginning of our agitation of change.



Mr. Speaker, I rise this evening to once again ask the Administration to take leadership and responsibility to bring peace and stability to Haiti. We read and hear in all media sources information that suggests that the CIA may have been involved with or had knowledge of the alleged kidnapping of Haitian President Jean-Bertrand Aristide. I have reached out to our leadership to request that they schedule congressional hearings immediately to investigate this matter. One government was supposed to be in Haiti for the specific purpose of helping restore peace, give humanitarian aid, and to uphold the principles of democracy and the rule of law. Apparently, the Administration had another agenda in mind. If the allegations are true, it will be an atrocity, an embarrassment, and a hypocrisy for this Administration to facilitate the commission of a crime against international law and an act that is completely adverse to the principles of democracy.

His Excellency, the Prime Minister of Jamaica, P.J. Patterson, chairman of the Caribbean regional group, CARICOM, has verbally supported the allegations that Aristide had been removed illegally. I question the authority that guided the CIA and the military's involvement in the removal of President Aristide--especially since he has been duly elected under a recognized democracy.

Because there is uncertainty as to what caused President Aristide to depart from or to be removed from Haiti, it is imperative that we hold immediate Congressional hearings to ensure that there has not been a violation of international law. Allowing or facilitating the removal of a democratically elected president in a manner that violates international law sets a dangerous precedent for other established democracies and tarnishes our reputation in the international community.

I rise this evening to once again revisit the escalating political crisis in Haiti. I, along with Members of the Congressional Black Caucus (CBC) met with President George Bush, Secretary of State Colin Powell, and National Security Advisor Dr. Condoleezza Rice to discuss the immediate need for the establishment of a humanitarian zone with foresight in Haiti.

When I, along with my colleagues of the Congressional Black Caucus met with President Bush concerning this situation, we stressed that the United States must support democracy and that the rule of law is paramount. Instead of political ideologies, we need to preserve the innocent lives in the region where over 70 have been killed and dozens wounded to date. Violence, chaos, and anarchy cannot be allowed to oust the democratic government.

The deadly uprisings in this war-torn nation come at the hands of the same factions that ravaged Haiti several years ago. Reports show that two of the rebel leaders are the most notorious torturers of the death squads, having already earned a reputation of infamy in a massacre that took place before Jean-Bertrand Aristide returned to power.

Louis-Jodel Chamblain is a former military leader who once orchestrated the most recent coup d'etat in Haiti in 1991 with a brutal paramilitary group. Guy Phillipe, a charismatic former soldier and loyalist to President Aristide, fled Haiti three years ago in exile to the Dominican Republic to escape charges of drug-dealing and treason. Phillipe and Chamblain crossed the Dominican border back into Haiti a week ago to join their gang of former police and soldiers.

We cannot allow innocent Haitians to die at the hands of thugs who want to thwart the establishment of democracy. We hope that, after our

meeting, the President will call for an affirmative plan to respond to the Opposition Party's rejection of peace proposals offered by the Caribbean Community (CARICOM) and the Organization of American States (OAS). Our acquiescence and inaction will soon suggest support of the opposition; therefore, it is time that we acted to demonstrate our strong commitment to democracy, constitutional government, peace, and the rule of law.

Humanitarian aid and military assistance are critical needs for the Haitians given the threat that demonstrators may thwart the delivery of food and other relief items. There has already been a cry for assistance by President Aristide. Haiti, the poorest country in the Western Hemisphere, with only 4,000 police officers for 8 million citizens has formally requested humanitarian aid and security forces.

As we work with the government of Haiti to explore the role of the international community in averting civil war, we must also begin to look beyond the current crisis. For example, Haiti continues to be in dire need of food aid and medical assistance. The current unrest could set off an exodus of refugees. Furthermore, there is an uncertainty as to the timing and fairness of the next elections is promoting suspicions and instability. We must anticipate the work that will have to be done in order to effectively and humanely process the imminent influx of refugees by improving our immigration screening and detention processes.

I do not believe that Haitian refugees receive a fair chance to satisfy the requirements for entitlement to an asylum hearing. Also, I am disturbed by the lack of parity between the Haitian refugees and the Cuban refugees. While Haitian refugees are detained and then removed from the United States, Cuban refugees who reach American soil are welcomed. They are admitted or paroled into the United States, and a year later they are eligible for adjustment of status to that of lawful permanent residents. This difference in treatment is unfair and unjustifiable.

I will support a bill sponsored by our colleague Mr. MEEK of Florida to designate Haiti under Section 244 of the Immigration and Nationality Act to allow Haitian refugees to obtain Temporary Protective Status (TPS). I have signed on to join my brother today in fact to take leadership in this crisis.

Furthermore, I will introduce a piece of legislation, the ``Comprehensive Immigration Reform Act of 2003.'' Section 502 of this bill responds to Attorney General Ashcroft's decision in Matter of D-J-, 23 I&N Dec. 572 (AG 2003), in which he denied bond release to a Haitian on the ground that giving bond to undocumented refugees who come to the United States by sea would cause adverse consequences for national security and sound immigration policy.

This legislation would permit the adjustment of status for Haitians who meet the following categories:

(1) The individual would have to be a native or citizen of Haiti;

(2) The individual would have to have been inspected and admitted or paroled into the United States; and

(3) The individual would have to have been physically present in the United States for at least one year.

The Caucus advocates positive action by the U.S. Government to support peaceful and democratic efforts to alleviate the violent and unsanitary conditions to prevent the spread of diseases such as HIV/AIDS. Collaboration by and assistance from the United Nations will be key in the effort to stimulate the participation

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of the international community. The Haitian people must implement the organic constitutional and democratic principles to indicate its contrition and willingness to effect change. With the plan to institute a democratic form of governance must accompany maintenance of the rule of law so as to ensure the development of a framework of fundamental rights. Violence will not bring about peace, but fair and transparent electoral processes will.
Mr. Speaker, I hope that our words are heard and that this nation will move to end this problem before a full-scale civil war results. Action today will translate into an investment that will benefit innocent Haitian lives and the immigration challenges that do not diminish. I urge this Administration to do the right thing and to provide the humanitarian aid and security provisions necessary to save these lives.
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