(2019-09) Violence et sécurité dans le contexte des manifestations sociales en Haïti : soumission à l'audience thématique de la CIDH, septembre 2019

IACHR Thematic Hearing: Violence and Security in the Context of the Social Protests in Haiti A Submission of the Institute of Justice & Democracy in Haiti (IJDH) and Bureau des Avocats Internationaux (BAI) Haiti is at a crossroads, as a growing civic movement demands an end to corruption, increased government accountability, rule of law, and systemic reform, in the midst of entrenched social and economic conditions that are acutely worsening under the current Administration.1 The movement underscores what the Commission has articulated, that corruption: “affects human rights in their entirety – civil, political, economic, social, cultural and environmental – as well as the right to development; weakens governance and democratic institutions, promotes impunity, undermines the rule of law and exacerbates inequality.”2 Faced with this social movement, the response of the Administration of Haiti’s current president, Jovenel Moise, is creating both short and long term negative impacts to human rights in Haiti, and risks undermining already fragile rule of law and progress towards integral development. Haiti: Human Rights & Accountability The accountability movement began following successive reports from Haiti’s Senate (2016, 2017) revealing misappropriation of at least US$1.7 billion in state funds from a long-term concessional oilloan program from Venezuela (PetroCaribe), which had been intended to enable investment in infrastructure and social services.3 The reports spurred calls for the government to answer the question of what happened to the funds, particularly in light of PetroCaribe’s intended purpose of improving social conditions for the most vulnerable,4 and Haiti’s immense recovery and development needs following the 2010 earthquake and the UN-introduced cholera epidemic.5 Though PetroCaribe provided the catalyst, the movement is also responding to longer term structural drivers, the influence of corruption on these drivers, and their consequent impact on the realization of fundamental rights. 1 Enomy Germain, 2018 : l’Année la Plus Dévastatrice pour la Gourde Depuis 15 Ans, LE NOUVELLISTE (Dec. 20, 2018), https://lenouvelliste.com/article/196237/2018-lannee-la-plus-devastatrice-pour-la-gourde-depuis-15-ans. 2 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION 1/18, CORRUPTION AND HUMAN RIGHTS (2018), at 1, https://www.oas.org/en/iachr/decisions/pdf/Resolution-1-18-en.pdf. 3 Thomas Lalime, PetroCaribe : une Excellente Opportunité Ratée par Haïti, LE NOUVELLISTE (Jun. 17, 2019), https://lenouvelliste.com/article/203218/petrocaribe-une-excellente-opportunite-ratee-par-haiti. 4 Roberson Alphonse, PetroCaribe : la CSC/CA Déshabille « Ede Pep », le Programme Social-Phare de l’Ere Martelly…, LE NOUVELLISTE (May 31, 2019), https://lenouvelliste.com/article/202545/petrocaribe-la-cscca-deshabilleede-pep-le-programme-social-phare-de-lere-martelly. 5 Jonathon Katz, UN Admits Role in Haiti Cholera Epidemic, NY TIMES (Aug. 17, 2016) https://www.nytimes.com/2016/08/18/world/americas/united-nations-haiti-cholera.html 1 Over the past year, what started as a small-scale call for accountability, largely driven by youth through social media,6 has grown into a broad, national movement spanning rural and urban communities, religious groups, political parties, and civil society across social sectors. Tens of thousands of people have mobilized to demand not only accountability for individuals and government units implicated in corruption, but also the restitution of funds, the resignation of President Moïse, who has himself been personally implicated in corruption,7 and progressive structural reform in order to curb corruption’s corrosive effects on human rights.8 The movement is highlighting a critical point: that accountability and rule of law are essential bedrocks for stability and development. This insight has been central work of the Bureau des Avocats Internationaux (BAI) and Institute for Justice & Democracy in Haiti (IJDH) over the past twentyfour years to enhance access to justice for the marginalized and make systemic improvements to the justice system, rule of law, and respect for human rights. This foregrounding of the implications of accountability and rule of law on the realization of human rights reinforces the need for action that compels Haiti to uphold the application of rule of law centered on the needs of its citizens and the advancement of integral development.9 Accountability in the Current Political Context: 2017-Present Significant misappropriation of PetroCaribe state funds over successive administrations since 2008 was first revealed by Haitian Senate Reports in 2016 and 2017, with the 2017 Senate report implicating former ministers and senior officials in corruption and embezzlement.10 The Senate’s revelations were followed by two additional reports (January and May 2019) from Haiti’s Court of Auditors. The January 2019 report detailed numerous examples and instances of irregularities across administration, regulatory oversight, and implementation of programs and projects funded through PetroCaribe Fund monies, and recommendation of investigations into the 6 Tania Karas and Amy Bracken, Meet the Petrochallengers: A New Generation Wants to Bring Accountability to Haiti. Can They Succeed? PRI’S THE WORLD (Apr. 29, 2019), https://www.pri.org/stories/2019-04-29/meet-petrochallengersnew-generation-wants-bring-accountability-haiti-can-they. 7 Kim Ives, President Moïse’s Companies “Embezzled” Millions of PetroCaribe Funds, Court Finds, HAITILIBERTE (June 5, 2019), https://haitiliberte.com/president-moises-companies-embezzled-millions-of-petrocaribe-funds-courtfinds/. 8 Françoise Marmouyet, #PetrocaribeChallenge, la Campagne qui Mobilise les Haïtiens Contre la Corruption, FRANCE24 EN DIRECT (Feb. 15, 2019), https://www.france24.com/fr/20190215-petrocaribe-challenge-campagnemobilise-haitiens-contre-corruption-jovenel-moise. 9 See Council on Foreign Relations, Haiti’s Troubled Path to Development (Mar. 12, 2018) https://www.cfr.org/backgrounder/haitis-troubled-path-development; Institute for Justice & Democracy in Haiti, HAITI AT THE CROSSROADS (May 2019) http://www.ijdh.org/2019/05/projects/haiti-at-a-crossroads-an-analysis-of-the-driversbehind-haitis-political-crisis/ 10 SENATE OF THE REPUBLIC OF HAITI, REPORT OF THE SPECIAL SENATORIAL COMMISSION OF INQUIRY ON THE PETRO CARIBE FUND (2017), https://www.scribd.com/document/364151103/Rapport-Petro-Caribe-Octobre-2017; see also Jake Johnston, Haitian Government on the Defensive Following UN Welcoming of Corruption Investigation, CTR. FOR ECON. POLICY RESEARCH (Mar. 7, 2018), http://cepr.net/blogs/haiti-relief-and-reconstruction-watch/haitiangovernment-on-the-defensive-following-un-welcoming-of-corruption-investigation. 2 actions of relevant institutions and agencies in order to determine whether there were grounds for prosecution of identified irregularities.11 The second May 2019 report directly implicated President Moïse in the misuse of funds; in the context of double billing for a road project.12 The Moïse Administration and other implicated state actors’ response to corruption has seemingly undermined accountability efforts of public institutions and generated an impression of impunity. The current response has further created a political crisis that is eroding rule of law and institutional functionality, while aggravating the current economic downturn:13 Accountability concerns: • In 2017, President Moïse fired the director of L’Unité Centrale de Renseignements Financiers (UCREF), the financial crimes unit that produced an investigative report during the 2016 elections implicating Moïse in money laundering and put in place an “interim” director more favorable to the President.14 • In January 2019, the Haitian Court of Auditors reported delays and lack of cooperation by state agencies with its PetroCaribe investigation.15 • In July 2019, Following his implication by the CSCCA report, President Moïse denied all wrongdoing16 and his advisors reacted by rejecting the report as a “political document”.17 Moïse then publicly called for the OAS to undertake a separate audit of PetroCaribe,18 sparking criticism that he was undermining Haitian judicial institutions.19 • Two Prime Ministers and one Prime Minister-elect have been fired or have resigned since July 2018.20 11 SENATE OF THE REPUBLIC OF HAITI, REPORT OF THE SPECIAL SENATORIAL COMMISSION OF INQUIRY ON THE PETRO CARIBE FUND (2017), https://www.scribd.com/document/364151103/Rapport-Petro-Caribe-Octobre-2017. 12 Hillary Leung, Haiti: President Says He Won't Resign, Grip Capital Protests, TIME (Feb.15, 2019), http://time.com/5530334/haiti-jovenal-moise-protest/. 13 Thomas Lalime, PetroCaribe Epaulait la Gourde, LE NOUVELLISTE (Jun. 24, 2019), https://lenouvelliste.com/article/203536/petrocaribe-epaulait-la-gourde. 14 Kim Ives, Illegaly Ousted Anti-Corruption Chief: “The President Had to Find Someone Who Was More Obedient,” HAITILIBERTE (Jul. 19, 2017), https://haitiliberte.com/illegally-ousted-anti-corruption-chief-the-president-had-to-findsomeone-who-was-more-obedient/. 15 COUR SUPERIEURE DES COMPTES ET DU CONTENTIEUX ADMINISTRATIF, AUDIT SPECIFIQUE DE GESTION DU FONDS PETROCARIBE, RAPPORT 1 (2019), https://static1.squarespace.com/static/5b9f2b7c3917ee4972f3f2d0/t/5c53bdabeef1a194097d4a44/1548991930156/PET ROCARIBE++31+JANV.+19.pdf. 16 Accused by judges, Haitian president denies corruption allegations, FRANCE24 EN DIRECT (Jun. 12, 2019), https://www.france24.com/en/20190612-accused-judges-haitian-president-denies-corruption-allegations. 17 Sandra Lemaire, Haiti Braces for Anti-Corruption Protests Sunday, VOICE OF AMERICA (Jun. 8, 2019), https://www.voanews.com/americas/haiti-braces-anti-corruption-protests-sunday. 18 Jovenel Moise, If Haiti Gives Me a Government, We Can Work Together Toward a Better Future, MIAMI HERALD (Jul. 12, 2019), https://www.miamiherald.com/opinion/op-ed/article232622617.html. 19 Danio Darius, L’Intention de Jovenel Moïse de Faire Appel à des Experts de l’OEA Dans le Dossier PetroCaribe Soulève l’Ire de ses Opposants, LE NOUVELLISTE (Jul. 15, 2019), https://lenouvelliste.com/article/204525/lintention-dejovenel-moise-de-faire-appel-a-des-experts-de-loea-dans-le-dossier-petrocaribe-souleve-lire-de-ses-opposants. 20 Jacqueline Charles, Haiti’s President Nominates a New Prime Minister, his Fourth in Less Than Three Years, MIAMI HERALD (Jul. 22, 2019), https://www.miamiherald.com/news/nationworld/world/americas/haiti/article232979377.html. 3 • • • • • • President Moïse has nominated two Prime Minister(s) since February 2019 whom Parliament has failed to approve. Moïse remains unable to secure Parliamentary approval for the formation of government In September 2019, revelations emerged that Haitian Senators had been offered bribes of $100,000 USD to confirm the current nominee for Prime Minister Fritz William Michel.21 Due to the lack of a ratified government, some international donors have put a hold on development aid.22 In consequence of the political stalemate, the Government has been unable to pass a 2018 budget and has failed to present a national budget for 2019, or pass key legislation, including an electoral law.23 The Senate Speaker stated in March 2019 that it would be logistically impossible to hold Parliamentary elections on the scheduled October 2019 timeline24 and the President of the Provisional Electoral Council outlined these logistical challenges in July 2019.25 Delayed elections into early 2020 will leave Haiti with no lower house of Parliament and only one thirds of the Senate, rendering Parliament non-functional.26 Human Rights Impacts of the Crisis PetroCaribe corruption and the Administration’s response to the growing social movement have far reaching consequences on human rights, across economic, social, cultural, civil and political dimensions. Of urgent concern, government actors and agencies have been implicated in violence and increasing repression against those calling for accountability. The response of the Administration and apparent lack of measures taken to counter repressive force implicates violations of the rights to freedom of association and assembly (articles 15, 16), freedom of expression (article 13), personal liberty and security (article 7), and life (article 4) under the American Convention on Human Rights (ACHR).27 Violence against protestors: 21 Sandra Lemaire, Haiti Senator Admits Accepting Bribe for Parliament Vote (Sept. 13, 2019) VOICE OF AMERICA, https://www.voanews.com/americas/haiti-senator-admits-accepting-bribe-parliament-vote. 22 George A. Fauriol, Is Haiti a Failing State?, GLOBAL AMERICANS (June 6, 2019), https://theglobalamericans.org/2019/06/is-haiti-a-failing-state/. 23 MINUJUSTH, REPORT OF THE SECRETARY-GENERAL (Jul. 9, 2019), at para 14, https://undocs.org/en/S/2019/563; Haiti v’a-t-il encore fonctionner sans un budget en 2020? (Jul 2, 2019) Le National http://www.lenational.org/post_free.php?elif=1_CONTENUE/economies&rebmun=2310 24 Haiti - Politic : The Senate Speaker Does Not Believe Possible Elections this Year, HAITILIBRE (Mar. 13, 2019), https://www.haitilibre.com/en/news-27173-haiti-politic-the-senate-speaker-does-not-believe-possible-elections-thisyear.html. 25 Robenson Geffrard, Les Elections « Techniquement » Impossibles Cette Année…, LE NOUVELLISTE (Jul. 10, 2019), https://lenouvelliste.com/article/204330/les-elections-techniquement-impossibles-cette-annee. 26 George A. Fauriol, Is Haiti a Failing State?, GLOBAL AMERICANS (June 6, 2019), https://theglobalamericans.org/2019/06/is-haiti-a-failing-state/. 27 Organization of American States, American Convention on Human Rights, Nov. 22, 1969, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123. 4 • • • • October-November 2018, at least 9 deaths by police were reported during protests.28 November 2018, Amnesty International called on the Haitian National Police (HNP) to avoid excessive force against protestors.29 February 2019, 34 protestors were killed in encounters with police. 30 February 2019, the Commission called on the Haitian Government to respect protestors’ rights to life, liberty, personal integrity, free assembly and free expression.31 Government implication in civilian massacre in La Saline: • November 2018, at least 71 civilians were massacred by armed gangs in the Port-au-Prince neighborhood of La Saline. Investigations, including from the UN (MINUJUSTH, OHCHR), Reseau Nationale de Defense des Droits Humains (RNDDH), Haitian Central Directorate of Judicial Police (DCPJ) and independent journalists, uncovered evidence of state actor complicity.32 o Witnesses saw attackers arriving in police vehicles, wearing police uniforms.33 o National police did not intervene to stop 14hr long massacre, despite being less than 1km away, as set out in the UN report on the issue.34 • April 2019, the DCPJ investigation report into La Saline directly implicated two senior government officials, Government Delegate for the West Region Joseph Pierre Richard 28 Human Rights Watch, Haiti: Investigate Protest Deaths (Mar. 22, 2019) https://www.hrw.org/news/2019/03/22/haiti-investigate-protest-deaths. 29 Amnesty International, Haiti: Authorities Must Avoid Excessive Use of Force During Protests (Nov. 27, 2018) https://www.amnesty.org/en/latest/news/2018/11/haiti-authorities-must-avoid-excessive-use-of-force-during-protests/. 30 Human Rights Watch, Haiti: Investigate Protest Deaths (Mar. 22, 2019) https://www.hrw.org/news/2019/03/22/haiti-investigate-protest-deaths. 31 Press Release, Inter-American Commission on Human Rights, La CIDH Exprime sa Préoccupation Quant à l’Aggravation de la Violence et de la Pénurie en Haïti et Annonce la Création de la Cellule de Coordination et de Riposte Opportune et Intégrée (SACROI) pour Faire le Suivi de la Situation (Feb. 27, 2019), https://www.oas.org/fr/cidh/prensa/comunicados/2019/046.asp. 32 Michael Weissenstein, Witnesses: Men in Police Garb Massacred Civilians in Haiti, ASSOCIATED PRESS (Jan. 16, 2019), https://apnews.com/d99258d01cce4b84a01e04b4eaff7236; MINUJUSTH, LA SALINE : JUSTICE POUR LES VICTIMS. L’ETAT A L’OBLIGATION DE PROTÉGER TOUS LES CITOYENS (2019), https://minujusth.unmissions.org/sites/default/files/minujusth_hcdh_rapport_la_saline_1.pdf; RESEAU NATIONAL DEFENSE DES DROITS HUMAINS, THE EVENTS IN LA SALINE: FROM POWER STRUGGLE BETWEEN ARMED GANGS TO STATE-SANCTIONED MASSACRE (2018), http://rnddh.org/content/uploads/2018/12/10-Rap-La-Saline-1Dec2018Ang1.pdf; Jacqueline Charles, Dozens Brutally Killed, Raped in Haiti Massacre, Police Say. ‘Even Young Children Were Not Spared’, MIAMI HEARALD (May 15, 2019), https://www.miamiherald.com/news/nationworld/world/americas/haiti/article230380739.html. 33 UN Investigating Brutal November Massacre in Haiti, VOA NEWS (Jan. 14, 2019), https://www.voanews.com/a/head-un-investigating-brutal-november-massacre-in-haiti-/4742755.html; Michael Weissenstein, Witnesses: Men in Police Garb Massacred Civilians in Haiti, ASSOCIATED PRESS, Jan. 16, 2019, https://apnews.com/d99258d01cce4b84a01e04b4eaff7236. 34 MINUJUSTH, LA SALINE : JUSTICE POUR LES VICTIMS. L’ETAT A L’OBLIGATION DE PROTEGER TOUS LES CITOYENS (2019), https://minujusth.unmissions.org/sites/default/files/minujusth_hcdh_rapport_la_saline_1.pdf. 5 Duplan and Director General of the Ministry of Interior Fednel Monchery, in the massacre. 35 • As of September 2019, neither Duplan nor Monchery had been suspended from their posts or arrested. Attacks on the press: • June 2019, threats and attacks occurred against journalists reporting on corruption and the popular movement, from both police and protestors. 36 At least three journalists were shot after covering corruption issues between June and September 2019,37 including Rospide Petion, assassinated by a group of shooters in June 2019 .38 • June 2019, three attacks were carried out on radio stations. 39 • As of September 2019, the government had failed to hold anyone responsible and has not taken any positive steps to protect journalists.40 35 Jacqueline Charles, Dozens Brutally Killed, Raped in Haiti Massacre, Police Say. ‘Even Young Children Were Not Spared’, MIAMI HEARALD (May 15, 2019), https://www.miamiherald.com/news/nationworld/world/americas/haiti/article230380739.html. 36 Violences Contre la Presse : Association de Journalistes et Patrons de Médias Protestant, LE NOUVELLISTE (Feb. 14, 2019) https://lenouvelliste.com/article/198151/violences-contre-la-presse-association-de-journalistes-et-patrons-demedias-protestent. 37 Haïti - Sécurité : Le Journaliste Rospide Pétion Assassiné, HAITILIBRE (June 12, 2019), https://www.haitilibre.com/article-27967-haiti-securite-le-journaliste-rospide-petion-assassine.html; Jacqueline Charles, Haiti at a Standstill as Street Clashes Continue Over Demands for President’s Ouster, MIAMI HERALD (JUNE 10, 2019), https://www.miamiherald.com/news/nation-world/world/americas/haiti/article231393513.html; Press Release, Connection Info News, ASHAPS Consternée par Cette Cascade de Violences Contre la Presse (June 14, 2019), https://connectioninfonews.com/ashaps-consternee-par-cette-cascade-de-violences-contre-la-presse/; Journalist Luckson Saint-Vil Survives Shooting Attack in Southern Haiti, COMMITTEE TO PROTECT JOURNALISTS (Aug. 13, 2019), https://cpj.org/2019/08/journalist-luckson-saint-vil-survives-shooting-att.php. 38 Journalist Rospide Pétion Murdered, HAITI FREE (June 12, 2019), https://www.haitilibre.com/article-27967-haitisecurite-le-journaliste-rospide-petion-assassine.html; Charles Haiti at a Standstill, supra Note 26. ASHAPS Consternée By This Cascade of Violences Against the Press, CONNECTION INFO NEWS (June 14, 2019), https://connectioninfonews.com/ashaps-consternee-par-cette-cascade-de-violences-contre-la-presse/; Journalist Luckson Saint-Vil survives shooting attack in southern Haiti, Committee to Protect Journalists (Aug. 13, 2019), https://cpj.org/2019/08/journalist-luckson-saint-vil-survives-shooting-att.php. 39 Jacqueline Charles, As Tensions Continue to Escalate in Haiti over President, Journalists Come Under Attack, MIAMI HERALD (June 11, 2019), https://www.miamiherald.com/news/nationworld/world/americas/haiti/article231436843.html; Haiti-Security: Attacks on the Media are Multiplying, HAITILIBRE (June 25, 2019), https://www.haitilibre.com/en/news-28075-haiti-security-attacks-on-the-media-aremultiplying.html; iciHaiti – Security: Radio Télé Zénith Attacked, ICIHAITI (June 19, 2019) https:www.icihaiti.com/en/news-28024-icihaiti-security-radio-tele-zenith-attacked.html. 40 Nixon Deneus, Des Bandits Armés Ont Attaqué le Correspondant de la Radio Tele Ginen a Saint-Marc, THE NATIONAL (June 25, 2019), http://www.lenational.org/post_free.php?elif=1_CONTENUE%2Factualitees&rebmun=5443. 6 The political crisis engendered by the Administration’s response to the PetroCaribe revelations also appears to be reinforcing pre-existing and growing disillusionment in the protection of rule of law through the democratic electoral process.41 Corruption and repeated distortion and interference in elections by both national and international actors has hampered the electoral process in Haiti since the transition to representative government in 1991.42 Against this background, there is growing disillusionment with elections amongst the population,43 with only 11% of those surveyed in 2016 expressing confidence that elections would be “free and fair”,44 and only 20% voter turnout in the election that brought President Moise to power.45 Haiti’s current social movement appears to have limited faith in the electoral process as a vehicle for systemic change, protection of rule of law and accountability.46 This impression is only likely to be strengthened given the current political impasse,47 which presents a significant risk that Parliament will be non-functional as of early 2020, as outlined above at page 4,48 and by revelations in September 2019 that Senators had been offered significant bribes to confirm the nominee for Prime Minister Fritz William Michel, as also outlined above at page 4.49 More broadly, the Moïse administration’s response to the population’s civic push for accountability is seemingly undermining the justice system and other state institutions addressing corruption, and enabling the impunity that entrenches and allows corruption to flourish, while aggravating an economic downturn that prevents incremental realization of social and economic rights; and risks undermining Haiti’s fragile progress towards sustainable and integral development. 50 41 See e.g., NAT’L LAWYERS GUILD & INT’L ASS’N OF DEMOCRATIC LAWYERS, HAITI’S UNREPRESENTATIVE DEMOCRACY: EXCLUSION AND DISCOURAGEMENT IN THE NOVEMBER 20, 2016 ELECTIONS (2017), 2-3 http://www.ijdh.org/wp-content/uploads/2017/02/Haitis-Unrepresentative-Democracy.pdf. 42 See for eg. Breakdown of Preliminary Election Results in Haiti, HAITI ELECTIONS, Dec. 8, 2016, http://haitielection2015.blogspot.com/2016/12/breakdown-of-preliminary-election.html; NATIONAL LAWYERS GUILD AND INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS DELEGATION, HAITI’S UNREPRESENTATIVE DEMOCRACY: EXCLUSION AND DISCOURAGEMENT IN THE NOVEMBER 20, 2016, ELECTIONS (2017), http://www.ijdh.org/wp-content/uploads/2017/02/Haitis-Unrepresentative-Democracy.pdf. 43 NATIONAL LAWYERS GUILD AND INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS DELEGATION, HAITI’S UNREPRESENTATIVE DEMOCRACY: EXCLUSION AND DISCOURAGEMENT IN THE NOVEMBER 20, 2016, ELECTIONS (2017), 44 44 IGARAPÉ INSTITUTE, ASSESSING HAITI’S ELECTORAL LEGITIMACY CRISIS – RESULTS OF A 2016 SURVEY (2016), at 10, https://igarape.org.br/wp-content/uploads/2016/03/NE21AssessingHaitisElectoralLegitimacycrisis.pdf. 45 NATIONAL LAWYERS GUILD AND INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS DELEGATION, HAITI’S UNREPRESENTATIVE DEMOCRACY: EXCLUSION AND DISCOURAGEMENT IN THE NOVEMBER 20, 2016, ELECTIONS (2017), http://www.ijdh.org/wp-content/uploads/2017/02/Haitis-Unrepresentative-Democracy.pdf. 46 Les Élections « Techniquement » Impossibles Cette Année… LE NOUVELLISTE (Jul. 7, 2019), https://lenouvelliste.com/article/204330/les-elections-techniquement-impossibles-cette-annee. 47 Les Élections « Techniquement » Impossibles Cette Année… LE NOUVELLISTE (Jul. 7, 2019), https://lenouvelliste.com/article/204330/les-elections-techniquement-impossibles-cette-annee. 48 Georges A. Fauriol, Is Haiti A Failing State? HAITIAN TIMES (Jun. 20, 2019), https://haitiantimes.com/2019/06/20/ishaiti-a-failing-state/. 49 Sandra Lemaire, Haiti Senator Admits Accepting Bribe for Parliament Vote (Sept. 13, 2019) VOICE OF AMERICA, https://www.voanews.com/americas/haiti-senator-admits-accepting-bribe-parliament-vote. 50 Sachs, J., Schmidt-Traub, G., Kroll, C., Lafortune, G., Fuller, G. (2019): Sustainable Development Report 2019. New York: Bertelsmann Stiftung and Sustainable Development Solutions Network (SDSN): https://dashboards.sdgindex.org/#/HTI; WORLD BANK AND OBSERVATOIRE NATIONAL DE LA PAUVRETÉ ET DE 7 a) Impacts on Economic, Social and Cultural Rights The Commission’s resolution 1/17 underscores the impact of corruption on the economic, social, and cultural rights insofar as it: “jeopardizes the capacity of governments to comply with their social rights obligations, including health, education, water, transportation or sanitation, which are essential for the realization of economic, social, cultural and environmental rights and in particular, of the most vulnerable populations and groups,”51 including by “profoundly affect[ing] the national treasury.”52 In Haiti, both the corruption exemplified by the PetroCaribe scandal, and the absence to date of demonstrated accountability for that corruption, are exacerbating challenges in access and equity of public goods and undermining the functionality and capacity of institutions to confer services to the population.53 These failures risk undermining social and economic rights and reversing hard won gains in integral development.54 The misappropriation of $1.7 billion in PetroCaribe funds represents a significant missed opportunity for investment in social services and infrastructure, undermining the progressive realization of socioeconomic rights to which Haiti is obligated under the ACHR and its commitments to integral development within the framework of the Charter of the Organization of American States (OAS). L’EXCLUSION SOCIALE (ONPES), INVESTING IN PEOPLE TO FIGHT POVERTY IN HAITI, REFLECTIONS FOR EVIDENCEBASED POLICY MAKING (2014), http://documents.worldbank.org/curated/en/222901468029372321/pdf/944300v10REPLA0sment0EN0web0version.pdf (showing that education and health service utilization and health and education outcomes have improved in Haiti but that both are relatively limited, especially among the poor). 51 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION 1/18, CORRUPTION AND HUMAN RIGHTS (2018), at 6, https://www.oas.org/en/iachr/decisions/pdf/Resolution-1-18-en.pdf. 52 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION 1/17, HUMAN RIGHTS AND THE FIGHT AGAINST IMPUNITY AND CORRUPTION (2017), at 2, https://www.oas.org/en/iachr/decisions/pdf/Resolution-1-17-en.pdf. 53 It should be further noted that the political stalemate resulting from the Government’s unaccountable response to the populations demands has prevented the passing of a national budget for 2019: see À Washington, Bocchit Edmond tente de rassurer les partenaires sur la situation d’Haïti, Le Nouvelliste (Sep. 19, 2019) https://www.lenouvelliste.com/article/207130/a-washington-bocchit-edmond-tente-de-rassurer-les-partenaires-sur-lasituation-dhaiti. The failure to confirm a cabinet has also left relevant Ministries without stable leadership: developments that necessarily impact the functionality of key social services institutions. See for eg: Situation chaotique en Haïti: les responsables d’hôpitaux s’expriment, Le Nouvelliste (Sep. 19, 2019) https://lenouvelliste.com/article/207129/situation-chaotique-en-haiti-les-responsables-dhopitaux-sexpriment 54 See Institut Haïtien de l’Enfance (IHE) et ICF. Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-VI 2016-2017) (2008), https://www.dhsprogram.com/pubs/pdf/FR326/FR326.pdf (regarding progress in development indicators); CEPALSTAT, Haiti: National Socio-Demographic Profile, U.N. Economic Commission for Latin American and the Caribbean (ECLAC) (2019), https://estadisticas.cepal.org/cepalstat/Perfil_Nacional_Social.html?pais=HTI&idioma=english. 8 This is especially problematic against a background of extreme challenges to the realization of fundamental economic and social rights, including approximately 59% of the population living below the national poverty line;55 a literacy rate that remains below the regional average,56 and 1 in 12 children expected to not reach the age of five. 57 Failure to effectively invest PetroCaribe funds not only impedes the progressive realization of socioeconomic rights as guaranteed under the ACHR,58 but has also spurred a worsening economic situation that has most sharply deteriorated since 2017. 59 The termination of the PetroCaribe accord created significant and sudden budget pressures which Haiti had not prepared to adapt to, and which have contributed to a surging budget deficit over the past two years as it became necessary to buy fuel on the open market.60 The Administration’s current response is aggravating both the economic situation and social frustrations due to unaccountable, opaque, and ineffective, economic policy making. The most marginalized are paying the highest price:61 • Food insecurity has doubled in the last year and now affects 2.6 million Haitians. Between February and 2018 and 2019 the price of the food basket also increased 26%. As of June 2019, the nominal price of the food basket – which represents just the six, most basic commodities commonly consumed by poor households – was 6,920 gourdes ($72 dollars) for the average household per month.62 With the national poverty line defined at US$2.41 per day or US$75 dollars per month,63 which 59% of the population lives below, adequate access to even the most basic foods is beyond the reach of the majority of the population.64 55 World Bank, The World Bank in Haiti: Overview (Apr. 5, 2019), https://www.worldbank.org/en/country/haiti/overview. 56 WORLD BANK AND OBSERVATOIRE NATIONAL DE LA PAUVRETÉ ET DE L’EXCLUSION SOCIALE (ONPES), INVESTING IN PEOPLE TO FIGHT POVERTY IN HAITI, REFLECTIONS FOR EVIDENCE-BASED POLICY MAKING (2014), http://documents.worldbank.org/curated/en/222901468029372321/pdf/944300v10REPLA0sment0EN0web0version.pdf . 57 Institut Haïtien de l’Enfance (IHE) et ICF. Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-VI 2016-2017) (2008), https://www.dhsprogram.com/pubs/pdf/FR326/FR326.pdf 58 see ACHR, art. 26. 59 Thomas Lalime, PetroCaribe Epaulait la Gourde, LE NOUVELLISTE (Jun. 24, 2019), https://lenouvelliste.com/article/203536/petrocaribe-epaulait-la-gourde. 60 Thomas Lalime, PetroCaribe Epaulait la Gourde, LE NOUVELLISTE (Jun. 24, 2019), https://lenouvelliste.com/article/203536/petrocaribe-epaulait-la-gourde. 61 World Bank, The World Bank in Haiti: Overview (Apr. 5, 2019), https://www.worldbank.org/en/country/haiti/overview. 62 Haiti - FLASH : The cost of the food basket explodes in 2019, HAITILIBRE (Aug. 5, 2019), https://www.haitilibre.com/en/news-28421-haiti-flash-the-cost-of-the-food-basket-explodes-in-2019.html. For average household size see: See Institut Haïtien de l’Enfance (IHE) et ICF. Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-VI 2016-2017) https://www.dhsprogram.com/pubs/pdf/FR326/FR326.pdf p. 16; 63 World Bank, The World Bank in Haiti: Overview (Apr. 5, 2019), https://www.worldbank.org/en/country/haiti/overview. 64 Haiti - FLASH : The cost of the food basket explodes in 2019, HAITILIBRE (Aug. 5, 2019), https://www.haitilibre.com/en/news-28421-haiti-flash-the-cost-of-the-food-basket-explodes-in-2019.html; Congressional Research Service, Haiti’s Political and Economic Conditions (Jul. 1, 2019) https://fas.org/sgp/crs/row/R45034.pdf 9 • • • • There has been an almost 40% depreciation in the national currency over the past year and inflation is at approximately 19%.65 The worsening security situation and increased activity of armed gangs, particularly in the poorest neighborhoods of Port-au-Prince have forced school and health facility closures. o During 2019 Haiti’s general hospital has faced personnel strikes and temporary closure following attacks on the premises.66 o As a result of insecurity and violence the schools in the marginalized Tokyo and La Saline neighborhoods have been forced to close indefinitely, depriving children in those areas of education.67 In July 2018, the Government announced an overnight fuel price hike that would have increased prices between 38 and 51%, significantly raising the cost of living.68 The price hikes, which has been required by the International Monetary Fund as a condition of its bailout of the Haitian Government,69 were later retracted in the face of widespread protest.70 Throughout 2019, the Government has been periodically unable to meet prices of oil on the global market.71 Power outages were common in Haiti in 2019 due to fuel shortages – Haiti is dependent on fuel imports and the national grid is small and inefficient.72 In August and September of this year, gas stations closed for several weeks due to a shortage of petroleum products.73 As further noted by the Commission’s Special Rapporteur in Haiti: “the rapid socioeconomic and political deterioration [has led to] lack of electricity, fuel, oxygen and medical supplies necessary to provide essential services of water supply, food 65 World Bank, The World Bank in Haiti: Overview (Apr. 5, 2019), https://www.worldbank.org/en/country/haiti/overview; Ghosts of tyrants past stalk proud Haiti as it slides towards the brink, The Guardian (Sep 22, 2019) https://www.theguardian.com/world/2019/sep/22/haiti-ghosts-of-tyrants-stalkproud-haiti-as-it-slides-towards-brink 66 France24, Residents of Haiti's Main Hospital Strike Against Lack of Resources, Payment, AFP (May 22, 2019), https://www.france24.com/en/20190522-residents-haitis-main-hospital-strike-against-lack-resources-payment; see also Haïti - HUEH: Grève des médecins résidents et internes pour cause d’insécurité ! (Jan. 20, 2019) https://www.haitilibre.com/article-26709-haiti-hueh-greve-des-medecins-residents-et-internes-pour-causedinsecurite.html. 67 MINUJUSTH, LA SALINE : JUSTICE POUR LES VICTIMS. L’ETAT A L’OBLIGATION DE PROTEGER TOUS LES CITOYENS (2019), ¶ 41, https://minujusth.unmissions.org/sites/default/files/minujusth_hcdh_rapport_la_saline_1.pdf 68 Jake Johnston, Amid an Uprising, Can Haitian President Jovenel Moïse Deliver on His Promises?, THE NATION (Jul. 27, 2018), https://www.thenation.com/article/amid-uprising-can-haitian-president-jovenel-moise-deliver-promises/. 69 Jacqueline Charles, Haiti’s low fuel prices unfairly benefit the rich and need to be raised, IMF says Miami Herald (Jul. 12, 2018) https://www.miamiherald.com/news/nation-world/world/americas/haiti/article214722915.html 70 Billy Perrigo, Haiti Gives the IMF a Fresh Lesson in the Value of Subsidies to the Poor, TIME, (Jul. 19, 2018) https://time.com/5342745/imf-haiti-protests/ 71 Jacqueline Charles, Haiti’s recurring fuel shortage has country’s professional and working class on edge, Miami Herald (Sep. 20, 2019) https://www.miamiherald.com/news/nation-world/world/americas/haiti/article235260167.html 72 Bryan Keogh, Routine Blackouts in Haiti Symbolize a Loss of Political Power for its Citizens, CONVERSATION (Feb. 7, 2019) https://theconversation.com/routine-blackouts-in-haiti-symbolize-a-loss-of-political-power-for-its-citizens110950. 73 Vessel Arrives to Ease Gas Shortage in Haiti, JAMAICA OBSERVER (Sept. 2, 2019), http://www.jamaicaobserver.com/latestnews/_Vessel_arrives_to_ease_gas_shortage_in_Haiti?profile=1228. 10 products and health services. This undermines the capacity of the state to guarantee the right to life, personal integrity and security, and directly affect living conditions.”74 In sum, beyond the fact of PetroCaribe corruption, the Moise administration’s response to that corruption is severely undermining the protection and realization of social and economic rights, against a pre-existing background of extreme vulnerability. b) Impacts on access to justice and rule of law The wide scale misuse of PetroCaribe funds has been enabled by underlying deficiencies in the justice system. Corruption,75 politicization of appointments and cases,76 insufficient resources,77 conflicts of interest;78 and a generally overburdened justice system79 have long impeded access to justice for the most vulnerable while reinforcing inequality and enabling impunity for the powerful.80 These deficiencies have also weakened the population’s faith in judicial processes as a reliable vehicle to deliver accountability and restitution for corruption, rendering citizens less likely to even attempt to avail themselves of the protection of law.81 74 Press Release, Inter-American Commission on Human Rights, La CIDH Exprime sa Préoccupation Quant à l’Aggravation de la Violence et de la Pénurie en Haïti et Annonce la Création de la Cellule de Coordination et de Riposte Opportune et Intégrée (SACROI) pour Faire le Suivi de la Situation (Feb. 27, 2019), https://www.oas.org/fr/cidh/prensa/comunicados/2019/046.asp. 75 see Mario Joseph and Nicole Phillips, Judicial Corruption in Haiti: The Need for Discipline and Civil Society Participation, 39 Hastings Int’l & Comp. L. Rev. 183 (2016). 76 See INTERUNIVERSITY INSTITUTE FOR RESEARCH AND DEVELOPMENT (INURED), REPUBLIC OF HAITI: COUNTRY OF ORIGIN INFORMATION PAPER (2017), at 26 http://www.inured.org/uploads/2/5/2/6/25266591/unchr_coi_haiti_final_redacted_report_inured.pdf (citing USAID, 2004; U.S. Department of State, 2017); U.S. DEP’T OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2017: HAITI (2018), https://www.state.gov/reports/2017country-reports-on-human-rights-practices/haiti/; Mario Joseph and Nicole Phillips, Judicial Corruption in Haiti: The Need for Discipline and Civil Society Participation, 39 Hastings Int’l & Comp. L. Rev. 183. 77 INTERUNIVERSITY INSTITUTE FOR RESEARCH AND DEVELOPMENT (INURED), REPUBLIC OF HAITI: COUNTRY OF ORIGIN INFORMATION PAPER (2017), at 26, http://www.inured.org/uploads/2/5/2/6/25266591/unchr_coi_haiti_final_redacted_report_inured.pdf (citing USAID, 2004; U.S. Department of State, 2017). 78 INTERUNIVERSITY INSTITUTE FOR RESEARCH AND DEVELOPMENT (INURED), REPUBLIC OF HAITI: COUNTRY OF ORIGIN INFORMATION PAPER (2017), http://www.inured.org/uploads/2/5/2/6/25266591/unchr_coi_haiti_final_redacted_report_inured.pdf (citing USAID, 2004; U.S. Department of State, 2017). 79 Meena Jagannath, Barriers to Women's Access to Justice in Haiti, 15 CUNY L. Rev. 27, 46 (2011), https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1281&context=clr; U.S. DEP’T OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2017: HAITI (2018), https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/haiti/. 80 Mario Joseph and Nicole Phillips, Judicial Corruption in Haiti: The Need for Discipline and Civil Society Participation, 39 Hastings Int’l & Comp. L. Rev. 183 (2016). 81 Mario Joseph and Nicole Phillips, Judicial Corruption in Haiti: The Need for Discipline and Civil Society Participation, 39 Hastings Int’l & Comp. L. Rev. 183 (2016). 11 While the Anti-Corruption and Ethics Commission of the Senate and the Haitian Court of Auditors have made important efforts towards accountability in the wake of PetroCaribe revelations as referenced above (p. 2), the justice system has been seemingly unable to advance accountability: • Private citizens have filed at least 60 complaints relating to PetroCaribe, and the Prosecutor has formally requested the opening of an investigation.82 To date, however, no criminal indictments have been issued, assets frozen or other interim measures ordered. • The investigating judge has been sharply criticized by human rights advocates and lawyers on the case for failing to take fuller and more prompt investigative steps and lawyers have filed an application for his recusal.83 • After significant delays, the judge did begin issuing some invitations to former government ministers to appear to answer questions in July and August 2019. • Four of the seven former government ministers invited initially did not appear; and two of the seven had still not appeared at the time of writing.84 Haitian legal experts have also underlined, that the judiciary’s lack of technical training and the absence of resources to support a complex transnational financial crimes case present significant obstacles to effective PetroCaribe prosecutions.85 Additionally, the Moïse Administration’s response to calls for civic accountability risks further undermining the independence, effectiveness and legitimacy of already fragile justice institutions. • As noted above at page 3, in 2017 President Moïse fired the head of UCREF, the financial crimes unit that implicated him in money laundering in 2016.86 • Since assuming office, President Moïse has “replaced the chief prosecutors in all 18 judicial jurisdictions.87 Judges have commented “this created a new venue for executive influence on judicial decisions because executive appointees can prevent cases from being investigated or brought before a judge altogether”.88 82 Roberson Alphonse, Petrocaribe : Le Juge D’instruction Lance des Convocations, LE NOUVELLISTE (Jun. 7, 2016), https://lenouvelliste.com/article/204632/petrocaribe-le-juge-dinstruction-lance-des-convocations. 83 Roberson Alphonse, Petrocaribe : Le Juge D’instruction Lance des Convocations, LE NOUVELLISTE (Jun. 7, 2016), https://lenouvelliste.com/article/204632/petrocaribe-le-juge-dinstruction-lance-des-convocations. 84 See Jésula Simon, PetroCaribe : Un 3ème Ministre de Martelly Auditionné, LoopHaiti (Aug. 20, 2019), http://www.loophaiti.com/content/petrocaribe-un-3eme-ministre-de-martelly-auditionne. 85 Ikenson Édume, Le Système Judiciaire Haïtien Face au Procès du Siècle: le Procès PetroCaribe, LE NOUVELLISTE (Jun. 24, 2019), https://lenouvelliste.com/article/203202/le-systeme-judiciaire-haitien-face-au-proces-du-siecle-leproces-petrocaribe. 86 Kim Ives, Illegally Ousted Anti-Corruption Chief: “The President Had to Find Someone Who Was More Obedient,” HAITILIBERTE (Jul. 19, 2017), https://haitiliberte.com/illegally-ousted-anti-corruption-chief-the-president-had-to-findsomeone-who-was-more-obedient/. 87 U.S. DEP’T OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2017: HAITI (2018), https://www.state.gov/reports/2017-country-reports-on-human-rightspractices/haiti/. 88 U.S. DEP’T OF STATE, BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2017: HAITI (2018), https://www.state.gov/reports/2017-country-reports-on-human-rightspractices/haiti/. 12 • • Failed to renew the mandate of Judge Wilner Morin,89 who was investigating a corruption case against one of the members of Haiti’s Provisional Electoral Council, Yolette Marie Mengual, related to her actions during the elections that brought Jovenel Moïse to power.90 As noted above at p. 3, after the Court of Auditors personally implicated President Moïse in corruption, he and his advisors dismissed the Court’s inquiry as politically motivated and called on an OAS to undertake a parallel PetroCaribe audit.91 The past months have also seen attacks on judges attempting to take on cases involving corruption and political malfeasance. • Several judges of the Haitian Court of Auditors investigating PetroCaribe corruption have received death threats.92 The threats are “affecting the normal functioning of the court” and have led at least two of these judges were forced to flee Haiti.93 • In November 2018 there was an assassination attempt against Juge d’instruction Dieunel Lumérant of the town of St Marc while he was hearing a case concerning illegal weapons importations, in which he had implicated an ex Minister of Interior and ex director general of the Haitian National Police.94 Finally, in the context of the deteriorating security situation engendered by the growing political and economic crisis, corruption and links between the HNP and gangs combined with the absence of a weak judiciary are leaving Haitians living in poor neighborhoods particularly vulnerable to increasing gang violence.95 89 Le mandat du juge qui instruit le dossier de la disparition du journaliste Valdjimir Legagneur n’a pas été renouvelé (Mar. 14, 2019) Le Nouvelliste https://lenouvelliste.com/article/199208/le-mandat-du-juge-qui-instruit-le-dossier-de-ladisparition-du-journaliste-valdjimir-legagneur-na-pas-ete-renouvele 90 Fraude électorale et enrichissement illicite: Yolette Mengual et Juniace Pierre inculpés Le Nouvelliste (May 9, 2018) https://lenouvelliste.com/article/192272/fraude-electorale-et-enrichissement-illicite-yolette-mengual-et-juniace-pierreinculpes 91 Jovenel Moise, If Haiti Gives Me a Government, We Can Work Together Toward a Better Future, MIAMI HERALD (Jul. 12, 2019), https://www.miamiherald.com/opinion/op-ed/article232622617.html; Sandra Lemaire, Haiti Braces for Anti-Corruption Protests Sunday, VOICE OF AMERICA (VOA) (Jun. 8, 2019), https://www.voanews.com/americas/haitibraces-anti-corruption-protests-sunday. 92 Danio Darius, Panique à la Cour des Comptes, LE NOUVELLISTE (Jun. 27, 2019), https://lenouvelliste.com/article/203787/panique-a-la-cour-des-comptes. 93 Danio Darius, Panique à la Cour des Comptes, LE NOUVELLISTE (Jun. 27, 2019), https://lenouvelliste.com/article/203787/panique-a-la-cour-des-comptes 94 Attaque Armée Contre le Juge Dieunel Lumérant, HAITILIBRE (Jan. 12, 2018), https://www.haitilibre.com/article26272-haiti-justice-attaque-armee-contre-le-juge-dieunel-lumerant.html; Robenson Geffrard, La Résidence du Juge Lumérant, qui Enquête sur la Cargaison D’armes Illégales Saisie à Saint-Marc, Criblée de Balles, LE NOUVELLISTE (Nov. 30, 2018), https://lenouvelliste.com/article/195443/la-residence-du-juge-lumerant-qui-enquete-sur-la-cargaisondarmes-illegales-saisie-a-saint-marc-criblee-de-balles. 95 INSTITUTE FOR JUSTICE & DEMOCRACY IN HAITI, HAITI AT A CROSSROADS: AN ANALYSIS OF THE DRIVERS BEHIND HAITI’S POLITICAL CRISIS (2019), http://www.ijdh.org/wp-content/uploads/2019/05/IJDH-Report-Haiti-at-a-CrossroadsMay-2019.pdf. 13 Residents of neighborhoods heavily affected by gang violence have stated that the HNP is unwilling or unable to protect them, and the UN has noted that the HNP’s structural deficiencies undermine its ability to effectively respond to resurging gang activity.96 As detailed in the precautionary measures request August 9, 2019 (Ref. MC-780-19) and as referenced above (at p. 5) there is worrying evidence of police complicity in the November 2018 La Saline massacre in which 71 civilians were killed by armed gangs and victims displaced into conditions of extreme vulnerability. 97 Outlook: A critical need to protect human rights The current political situation in Haiti poses serious short- and long-term risks to human rights in Haiti. The Administration’s unaccountable response has: • included state implication in violence and a failure to curb repressive force, violating the rights to life, personal integrity and free expression of protestors and others calling for accountability; • further undermined fragile justice institutions and rule of law; • driven a political crisis and sharp economic deterioration that is rendering elections impossible and having a devastating effect on the social and economic rights of the population, and in particular the most marginalized. This failed response is reversing hard won development progress Haiti, undermining the functionality of state institutions and creating further degradations of the rule of law. Haiti’s civic movement for accountability lays bare a clear desire from Haiti’s citizens for stronger accountability, restitution of misappropriated funds, rule of law, and structural reform towards a state that confers and upholds the human rights of its population. At this critical juncture, the engagement of the Inter-American Commission is vital to ensuring that the Haitian government is held accountable to its human rights obligations and is encouraged to adopt a response that effectively addresses the legitimate demands and well-being of Haiti’s population, and support integral development at the intersection of human rights, good governance, and accountability. In this context, we respectfully request the Commission: 1. Conduct an in loco visit to Haiti to assess Haiti’s compliance with its obligations under the ACHR and Inter-American legal framework; 2. Work with the Haitian government to ensure the state upholds its obligations to: • Hold both state and private entities accountable for the PetroCaribe corruption; 96 MINUJUSTH, REPORT OF THE SECRETARY-GENERAL (Jul. 9, 2019), at para 14, https://undocs.org/en/S/2019/563. See for eg. MINUJUSTH, LA SALINE : JUSTICE POUR LES VICTIMS. L’ETAT A L’OBLIGATION DE PROTEGER TOUS LES CITOYENS (2019), https://minujusth.unmissions.org/sites/default/files/minujusth_hcdh_rapport_la_saline_1.pdf. 97 14 • • Create an environment free from intimidation for the exercise of freedom of expression by protestors and others who investigate, report and denounce acts of corruption; and Prevent, investigate, and punish attacks and harassment against leaders and other individuals who report acts of corruption. We further reiterate our request of August 9, 2019 to the Commission to issue urgent precautionary measures to protect survivors of the November 2018 La Saline massacre by compelling the Haitian government to provide urgent humanitarian assistance to survivors displaced by the massacre, improve security in La Saline and the surrounding neighbors where survivors have fled through increased police presence, and address delays that have hampered access to justice for victims. Submitted by : Bureau des Avocats Internationaux Mario Joseph, Av., Director Institute for Justice & Democracy in Haiti Franciscka Lucien, Executive Director Sienna Merope-Synge, Esq. Sandra Wisner, Esq. 15