Haiti: appello urgente al Presidente René Preval (per diffusione)


15,000 quake refugees need Pres. Préval to follow court order
Three (3) Documents
1) Press Release, Mar. 18, 2010
2) English version of CIGC letter to Pres. Préval; Feb. 24, 2010
3)translation of Court Order May 4, 2006

1. PRESS RELEASE MARCH 18, 2010CONTACT: For technical banking information: Randolph Voyard, 954 801 9714 bhdvoyard@aol.com
For human rights context/Version française: Tom Luce, 510-229-3571,president@hurah.org
To sign the online petition yourself: Open the BHD Pres. Préval

PETITION TO PRESIDENT PRÉVAL TO OPEN THE HAITIAN DEVELOPMENT BANK (BHD):
A BETTER SOLUTION TO 15,000 QUAKE VICTIMS


On February 25, 2010 the officers (pictured with Tom Luce, Jan. 24, 2010) of the land Coop in Galette Chambon (CIGC) wrote Président Préval asking him to execute an outstanding court order for him to open the Haitian Development Bank (BHD). (see English translation below #2)
The CIGC, moved by the Jan. 12 earthquake, offered to resettle 15,000 refugees on its land. However, in order to begin to handle these many people, the President needs to enable the reopening of the financial agency (BHD) that would allow relief agencies and investors to join the effort.
The Coop in Galette Chambon (CIGC) has had plans since 1999 for the settlement of Haitians that use sustainable, green agricultural practices, ensure education for all children, and which develop cooperatively owned businesses such as agro-tourism.
The problem is that the Haitian Central Bank suspended the Haitian Development Bank in 2002 halting all further development. In 2006 the CIGC and the BHD members sued the government in court to reopen the BHD. They won their case but the President has not yet acted to execute the court order.
As everyone in disaster relief services is eyeing the oncoming onslaught of the rainy season and knowing the repeated disastrous consequences for those already victimized from the new hurricane season, the question is, “Why wouldn’t President Préval follow the court order and allow the immediate preparation of permanent settlement for 15,000 people living in tent cities?
The CIGC and its allies have now mounted an international petition campaign to convince President Préval to sign the court order and allow this sustainable solution for quake victims to go forward. With the re- empowerment of the Haitian National Bank not only could CIGC absorb 15,000 refugees, but the model could be replicated throughout the country enabling other Coops to absorb thousands more refugees.
Tom Luce, President of Hurah, Inc.–a human rights advocate for Haitians– met in February with representatives from three different inner city communities, all victims of the Jan. 12 tragedy– Grand Ravin, Pele Simon, Croix-des-Bouquets. When Luce explained what the CIGC offer was, the response of these human rights defenders was unanimous, “give us the green light and you’ll have the 15,000 tomorrow!”
Living conditions before the quake in these overcrowded neighborhoods were wretched and dangerous. Earning a living, getting schooling for their children, all the basics for a decent life were difficult at best and more often impossible. The vision of an agricultural based, cooperative style community that wasn’t just a pipe-dream seemed like a no-brainer to them.
“It’s time for President Préval,” says Luce, “ to follow the law and support CIGC in bringing in their sisters and brothers languishing in tent cities to a new way of living in Haiti. “Social entrepreneurship in Haiti has roots in the 1000+ cooperatives working for local development,” says Randolph Voyard, interim president of the BHD.
“This development requires the backing in the international credit market place provided by the BHD, controlled by the cooperatives. An efficient, rational, sustainable response to the earthquake is what President Préval must support,” according to Voyard.
note: to obtain a copy of the court order (in French), e-mail Tom Luce president@hurah.org
———————–
2. Letter from CIGC to Pres. Préval
Translated from the French by Tom Luce, president@hurah.org 510-229-3571, original available by request.
The Galette Chambon Cooperative – CIGC
1 Place Charles, Galette Chambon, Ganthier, Haiti Tel 509-39-06-21-02 / 34-67-10-85 / 954=801-9714
Galette Chambon , Saturday Feb. 21, 2010
To the President of the Republic of Haiti, Mr. René Garcia Préval
Mr. President:
The Galette Chambon Cooperative, CIGIC, greets you and cries with you over our dead and our victims of the earthquake of Jan. 12, 2010.
Faced with this challenge, the Executive Committee of the CIGC is proposing to you in the name of the 450 founding members its participation in the collaborative project here below which would allow welcoming about 15,0000 displaced persons (IDP) and to integrate them in the settlement plan, “Bel Azuei” on more than 450 hectares surveyed and titled that we have been developing since 2003 with the Haitian Bank of Development, S.A. Having discussed with our partners in Haiti, in France, and in the USA, we have since initiated within the context of sustainable development in “Bel Azuei”, a program to set up, on receivingyour agreement, the following facilities:
A. 2-4 filtered water wells with a capacity of 10,000 to 25,0000 gallons
B. A completely equipped field hospital with 500 beds
C. Kitchens producing 25,000 to 100,000 meals, 25% of which would be sent to Port-Au-Prince
D. A tractor, a generator, an excavator, two trucks plus maintenance equipment
E. 1,000 family tents for 5,000 persons
F. A composting toilet system for 30,000 persons
G. Two storage depots 1,000 square meters each
H. School equipment for 7,000 children
I. Construction of 2,000 family lodging units with an average of 70 sq. meters
More than 2,000 IDP’s will work on the infrastructure and environmental jobs.
The implementation of this program requires two actions on the part of the presidency:
A. Reopen the BHD (Haitian Development Bank)
Execute the order issued by the County Court of Port-Au-Prince, May 4, 2006, that will give confidence to our financial partners in France and the USA who are ready to structure a credit plan for the construction and production.
B. Support a local model development project already in existence
The validation by the Haitian Executive of the development plan, “Bel Azuei” in Galette Chambon that, within the framework of local development strategy in collaboration with the BHD, has already accomplished the management, engineering and urban studies. These studies have been pursued until the present day. This is why the CIGC would be, at this very moment, operational.
These two actions would confirm the engagement of Haitian actors for their future in Haiti.
Mr. President, we are counting on your support, about which we have no doubt , for this operation inspired by the common good and a lasting development.
Pres. Estima Vil, Vice-President: Eddy Dolcius, Treasurer: Bertran Berthier, Secretary: Bouzy Afriette
Received Feb. 25 at the National Palace.
=======================================
3. English Translation of Court Order, May 4, 2006
(translated by Peter and Tom Luce from the French (French available in toto, 8 pages)

COURT ORDER May 4, 2006 by Judge Napela Saintil directing the Bank of Haiti (BRH) to follow the procedures of Art. 54 of the decree of Nov. 1980 concerning banking institutions including the naming of a Provisional Comptroller of the Haitian Development Bank (BHD), a case brought on behalf ot BHD shareholders by Randolph Voyard
(preceded by the minutes of the Court Bailiff)
On May 4, 2006, a petition was made by Mr. Randoph Voyard, homeowner, living in Port-au-Prince, but with legal residence in the United States of America, identified both by his American passport, [redacted], and by his Social Security number, [redacted], acting on his own behalf and on that of C.V.G. Development and of the BHD, S.A., the Haitian Development Bank, represented by his attorneys Antoine O. Vilaire and Guy Joseph of the Port-Au-Prince Bar Association, respectively identified, verified, having submitted numbers 003-023-186-614840, A-11432 and 003-011-251-7, 591545 and A-1020173, with the offices of one of them hereafter identified as located in this city at #20, Avenue Lamartinière (Bois-Verna)
I, André Elias, Court Bailiff, registered in and residing in Port-Au-Prince, with identification #003-004-7004, undersigned, gives notice to the following:
1) The Bank of the Republic of Haiti (BRH), represented by its Governor, Mr. Raymond Magloire, homeowner, living and residing at the headquarters of said Bank, situated in this city on Rue Quai, on behalf of and speaking for Mr. Fernad Celestin, employee
2) The Haitians represented by the Director General of the General Management of Taxes (DGI), Mr. Frantz Richard, in his central office situated in this city on Rue Paul IV, in front of the Casernes, on behalf of or speaking for the lady who has received my copy and seen my original,
and hereby declares:
According to the copy of the Order of final judgment rendered by the presiding judge on April 13, 2006 in the petitioner’s favor, FOR THESE REASONS it was decided that due to the urgency of the matter, consequently, the BRH is ordered to respect in its letter and spirit the prescriptions of Article 54 of the decree of Nov. 14, 1980 : “Nomination of a provisional comptroller to control and manage the assets of its shareholders”, and where shareholders may bring any action permitted by law before the competent jurisdiction should this function not be respected.
Decision delivered by us, Napela Saintil, Presiding Judge, on this day April 13, 2006, assisted by citizen Toussaint Louis, Clerk of the Court.
All Court Officers are hereby required and instructed to place this immediately executable order into the hands of the officers of the Public Ministry of Civil Tribunals and to all officials and to the police force to provide active assistance when legally required.
In accordance with which, the original copy of the present order is signed by the Presiding Judge and Clerk of the Court here named.
Signed: Napela Saintil, Judge; Toussaint Louis, Clerk of the Court.
To the plaintiff’s request, his domicile, choice of domicile, and to the power granted to his attorneys and in all the capacities described above, I, the Court Bailiff, mentioned above and signed below, and speaking in the capacity stated above, hereby ORDER in the name of the Republic, of the Law and of Justice, that the requirements of the court order consisting of the naming of a provisional Comptroller must be abided. This, by virtue of article 54 of the decree of November 1980 concerning banking institutions;
So that no pretext such as ignorance can be claimed, I, The Court Bailiff, above named and signed below and acting and speaking in the same capacity, leave a copy of the order separately with the Haitian State and also with the BRH as represented above, and leave a copy of the Ordonnance upon which the order is based as well as its explanation. To which act I affix a special stamp of the JPT both on the original as well as on the copy. The cost is seven hundred gourdes.
—————————————
Tom Luce, President
Hurah, Inc. – Human Rights Accompaniment In Haiti
800 US Advocates – a Vermont 501(c)(3)
1515 Fairview St. Apt. 3
Berkeley, California 94703-2317
E-mail: president@hurah.org
Web: http://hurah.org
Skype Name: tomluce
510-229-3571 Berkeley
510-926-3465 Port-Au-Prince
Buy our book, “Challenges Of Judicial Reform In Haiti” by Jean Sénat Fleury
at Lulu’s
To donate (tax exempt org 501(c)(3)) send check to “Hurah, Inc” c/o
Florencia Blackburn
2325 Adeline St.
Oakland, Ca 94607
or online
http://hurah.org/donate

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