Can there be reconciliation without a reckoning?

Reports from Port-au-Prince indicate that it was with some surprise that Haitians learnt of the death of their former president, Jean-Claude ‘Baby Doc’ Duvalier, last Saturday, whose rule was addressed in our editorial on Tuesday. In many respects, contemporary Haiti is still to come to terms fully with the legacy of the 29-year-old father-son dictatorial dynasty of Baby Doc and his more fearsome father François, ‘Papa Doc.’

In a brief statement on the death of the former president-for-life, Haitian President Michel Martelly mourned the loss of “a true son of Haiti” and called for “love and reconciliation” to overcome the country’s deep-rooted differences. Mr Martelly’s appeal for reconciliation, of which he has spoken in respect of his other predecessors, the populist former priest, Jean-Bertrand Aristide and the somewhat indecisive, two-term president, René Préval, may not be universally welcome, however.

The UN secretary general’s special representative in Haiti, Trinidadian diplomat Sandra Honoré has issued a brief statement saying that her thoughts are with the Haitian people and that the return of Mr Duvalier in January 2011 had “presented an opportunity for the country to comprehensively address the painful memories of its recent past through the required processes of accountability and reconciliation.” She added that this process should be continued.

Similarly, the Office for the UN high commissioner for human rights has stressed that “it is essential for Haiti to continue the ongoing legal proceedings and investigations” in respect of other individuals accused of responsibility for serious crimes and human rights violations during the Duvalier regime.

Although Jean-Claude Duvalier was never brought to trial, he was at least forced to face some of his accusers in court, in Port-au-Prince, in February 2013. Mr Duvalier, however, denied any wrongdoing as president and never apologised for the deaths and disappearances – as many as 30,000 according to some human rights activists – and other atrocities committed by the Tonton Macoutes under his rule.

Victims and their relatives have promised to continue with their demands for justice, even though most of the country appears, as we noted on Tuesday, indifferent to the death of the former dictator. Death, after all is the last refuge of the tyrant.

But influential human rights groups like Amnesty International prefer not to see death as representing some form of immunity from prosecution and as being the ultimate defence against impunity. On Tuesday, Erika Guevara Rosas, America’s director at Amnesty International, criticised President Martelly’s expression of sympathy, stating: “The death of Jean-Claude Duvalier must not be used to brush away the crimes committed under his regime. An entire network of volunteer militia and state authorities are also suspected of perpetrating human rights violations under Duvalier’s command. These people too must be investigated and, if there is sufficient admissible evidence, prosecuted in fair trials. This is not the final chapter in this horrific episode of Haiti’s recent history. Instead it should be a reminder that there are thousands of victims who still deserve justice, truth and reparation for the human rights violations they suffered.”

Lawyers without Borders has also said that Mr Duvalier’s death should in no way prevent the continuation of legal cases against his regime for human rights violations. In February 2014 the Port-au-Prince Court of Appeal had reversed a January 2012 ruling, stating that there could be no statute of limitations for crimes against humanity and that these could be prosecuted under Haitian law, clearing the way for proceedings to be instituted against not only Mr Duvalier but also his collaborators. If Mr Duvalier is now beyond the reach of human judgment, at least they can still be brought to book.

The death of the ex-dictator does not signal the end of the work to chronicle the truth about the Duvalier regime, a task being led by the NGO, Collective against Impunity, a civil party in the case against the principal enforcers of duvalierisme. According to Danièle Magloire, the documents being retrieved and the testimonies being recorded have a major role to play in the battle against impunity and will contribute to “the creation of a democratic society in Haiti, capable of confronting its past in order to better construct its future.”

In the face of official reluctance and considerable public indifference, much will now depend on the determination and will of the plaintiffs and their allies, the human rights groups and activists, as well as the moral suasion exercised by the international community. President Martelly has called for reconciliation. But can there be reconciliation without a reckoning?