Teks Konple Dokiman an
Teks ki soti nan dokiman orijinal la pou endeksasyon.
United Nations S/2004/300
Security Council
Distr.: General
16 April 2004
Original: English
04-30427 (E) 190404
*0430427*
Report of the Secretary-General on Haiti
I. Introduction
1. The present report is submitted pursuant to Security Council resolution
1529 (2004) of 29 February 2004, especially paragraphs 3 and 4 thereof, and taking
into account its paragraph 10. In paragraph 2 of the resolution, the Council
authorized the deployment of a multinational interim force (MIF) for a period of not
more than three months. The Council further declared its readiness to establish a
follow-on United Nations stabilization force to support continuation of a peaceful
and constitutional political process and the maintenance of a secure and stable
environment in Haiti. The Council also requested that I submit, in consultation with
the Organization of American States (OAS), recommendations for the size, structure
and mandate of such a force, including the role of international police and means for
coordination with the OAS Special Mission, as well as elaborate a programme of
action for the United Nations to assist the political process, support humanitarian
and economic assistance and promote the protection of human rights and the
development of the rule of law in Haiti. Furthermore, the Council called upon the
international community, in particular the United Nations, the OAS and the
Caribbean Community (CARICOM), to work with the people of Haiti in a long-term
effort to promote the rebuilding of democratic institutions and to assist in the
development of a strategy to promote social and economic development and to
combat poverty.
2. In order to prepare the relevant recommendations, I dispatched a
multidisciplinary assessment mission to Haiti, led by Hocine Medili and working
under the auspices of my Special Adviser, John Reginald Dumas, to gather the
necessary information on the ground. The mission began its work in Port-au-Prince
on 11 March 2004, and comprised representatives from several Secretariat
departments and United Nations agencies, funds and programmes. My Special
Adviser arrived on 15 March. Meetings were held with the interim President of the
Republic of Haiti, Boniface Alexandre, the Prime Minister of the transitional
Government, Gérard Latortue, other members of the transitional Government, the
Director-General of the Haitian National Police and other relevant stakeholders in
Haiti, including civil society actors and political groups, as well as with the United
Nations country team, the OAS Special Mission, the MIF and the wider diplomatic
community. In addition, my Special Adviser consulted with the OAS, CARICOM
and other relevant stakeholders in New York, Washington, D.C., and Kingston,
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Jamaica. In addition, he attended the Intersessional Meeting of the Conference of
Heads of Government of the Caribbean Community, held on 25 and 26 March.
3. The scope of the work of the assessment mission was affected by two main
factors. First, the transitional Government was installed only one week after the
mission’s arrival, thus limiting the possibility of regular and in-depth interaction
with the Haitian authorities who were focused on immediate needs. Secondly,
security conditions permitted only limited visits to areas outside the capital (Cap
Haitien, Les Cayes and Gonaives).
4. In submitting the assessment and the recommendations hereunder, I am
mindful of previous international involvement in Haiti. In February 1993, the joint
United Nations-OAS International Civilian Mission in Haiti was deployed. The
Security Council in its resolution 940 (1994) authorized the deployment of a
20,000-strong multinational force to facilitate the prompt return of the legitimate
Haitian authorities, maintain a secure and stable environment in the country and
promote the rule of law. The multinational force was followed by other United
Nations missions from 1994 to 2001. Furthermore, the international community
mobilized important resources to alleviate the humanitarian situation and contribute
to the development of Haiti.
5. Throughout this period, there were a number of positive developments,
including the restoration of some measure of democracy, with the first peaceful
handover of power between two democratically elected presidents; the growth of a
multifaceted civil society; and its increasing involvement in the development of a
political culture based on democratic values. There were, however, also setbacks.
Owing to the continuing political crisis and concomitant lack of stability, serious
reforms never took hold. The consolidation of a genuine democratic system did not
occur; self-sustaining and effective institutions at all levels, particularly in the area
of public security and the rule of law, did not take firm root and were unable to
deliver public services, a gap which non-governmental organizations (NGOs) sought
to fill outside the institutional framework; progress in the professionalization of the
Haitian National Police (HNP) was slow and uneven; drug trafficking increased;
human rights abuses and corruption continued; and real economic growth did not
materialize. Lack of progress over time and lack of accountability resulted in
renewed threats of sanctions and the suspension of much of the international
assistance.
6. While some of those developments were in no small measure due to a lack of
political will from the Haitian leadership, there were also shortcomings in the
approach of the international community. Throughout the course of its assistance
programmes, the international community failed to develop necessary and
sustainable partnerships with the Haitian society at all levels. The Haitian people
were insufficiently involved in the development of policies that could move the
country forward, resulting in increased alienation. Financial aid did not bear fruit to
the extent expected because it was at times ill-targeted and did not take into account
the deficiencies in local absorptive capacity.
7. Those prior experiences have been taken into account in the preparation of the
present report and in formulating my recommendations, which have been shared
with the Haitian authorities by the multidisciplinary assessment mission. The
international community should seek to strike the right balance between Haitian
ownership on the one side and accountability for results on the other. Haiti would
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best be served by watchful support from the international community. A sustained
long-term international accompaniment of Haitian efforts at all levels will be key to
achieving lasting social peace, national reconciliation, durable democratic
institutions and long-term development. In doing so, the international community
should ensure that Haitian leaders have participated fully in the design of such
assistance and assume responsibility for its implementation.
II. Political situation
8. In the 2000 presidential and parliamentary elections, President Aristide and his
Fanmi Lavalas party claimed victory with a turnout that hardly rose above 10 per
cent of the voters. The opposition, as well as members of the international
community, contested the results and accused the Government of manipulating
them. Subsequently, dialogue between the Government and the opposition broke
down. The opposition was increasingly repressed by politicized sectors of the HNP
and by irregular armed groups supportive of the Government. By late 2003, a newly
united opposition movement, comprising political parties, civil society actors as
well as the private sector, was calling for the President’s resignation. CARICOM
offered to mediate and, on 31 January 2004, submitted a Prior Action Plan, followed
in February by an implementation plan worked out by the Group of Six, involving
the Bahamas for CARICOM, Canada, the European Union, France, the OAS and the
United States. Both of these plans were agreed to by President Aristide. The Prior
Action Plan had called for major reforms, including a new cabinet, while allowing
President Aristide to serve out his term. However, the opposition refused to back the
plan. Several diplomatic initiatives, spearheaded by CARICOM and the OAS, were
subsequently taken with a view to overcoming the political stalemate and preventing
a further deepening of the political crisis.
9. In early February 2004, armed conflict broke out in the city of Gonaives, and
in the following days fighting spread to other cities. Gradually the insurgents took
control of much of the northern part of the country. Despite diplomatic efforts, the
armed opposition threatened to march on the Haitian capital. Early on 29 February,
Mr. Aristide left the country. His letter of resignation was read out by the Prime
Minister, Yvon Neptune. Within hours, Boniface Alexandre, the President of the
Supreme Court, was sworn in as interim President, in accordance with the
constitutional rules of succession. On the evening of 29 February, the Permanent
Representative of Haiti to the United Nations submitted the interim President’s
request for assistance, which included the authorization for troops to enter Haiti.
Pursuant to that request, the Council adopted resolution 1529 (2004). The MIF
immediately started its deployment to Haiti, as authorized by that resolution.
10. In consultation with the interim President and the then-Prime Minister, steps
were taken to form a transitional government. On 4 March 2004, a Tripartite
Council was named, consisting of one representative each from the Fanmi Lavalas
party, the Plate-forme Démocratique and the international community. On 5 March
2004, this group selected seven eminent persons (known as the Conseil des sages),
who would in turn select a Prime Minister. The Council included representatives of
key sectors of Haitian society: human rights groups, the Catholic and Anglican
churches, academia, the private sector, and the political groups Convergence
démocratique and Fanmi Lavalas. On 9 March 2004, the Conseil des sages
selected
Gérard Latortue as Prime Minister. On 17 March 2004, the Prime Minister, in
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consultation with the Conseil des sages, formed a 13-member transitional
Government (including three women), chosen on the basis of professional
competence and not of party affiliation. Since then, the transitional Government has
focused on organizing its work, and has reached out to civil society in an effort to
build a base of support. It is expected, however, to be under pressure to
accommodate various interests of political groups not directly represented in the
transitional Government. Some supporters of the Fanmi Lavalas party and others
have contested the transitional Government’s legitimacy.
11. Further, until recently the continued role of the Conseil des sages and its future
relationship to the transitional Government was unclear. When the multidisciplinary
assessment mission was in Haiti, discussions were held to expand and transform the
Conseil des sages into a State Council (Conseil d’Etat). In the absence of a
functioning Parliament, members of the Conseil des sages saw themselves as being
mandated to provide checks and balances while offering advice to the transitional
Government.
12. In order to build broad political consensus for the work of the transitional
Government, a political pact, the Consensus on the Political Transition Pact, was
signed on 4 April by the Prime Minister on behalf of the transitional Government,
members of the Conseil des sages, representatives of political groups, with the
notable exception of Fanmi Lavalas, and civil society organizations. The signatories
agreed to meet on a monthly basis, at the invitation of the Government, to evaluate
progress in the implementation of its provisions. Fanmi Lavalas has denounced the
Pact.
13. The signatories came to a general understanding on the political transition,
which would see the holding of municipal, parliamentary and presidential elections
in 2005 and would end with the installation of a newly elected President. In this
context, members of the transitional Government, electoral council, Conseil des
sages and others agreed not to stand in the upcoming elections. Until the opening of
the first session of the next parliament, the Conseil des sages will advise the
transitional Government, including through consultations on important matters such
as the budget, agreements and decrees, and draw the interim President’s attention to
questions that merit high-level intervention. It will increase its membership after
further consultations. The transitional Government, however, will not be bound by
the advice of the Conseil des sages. The Pact also provided for procedures to
address possible vacancies in the executive branch.
14. The Pact also set out measures to be undertaken during the transitional period
in the areas of security, development, fight against impunity and corruption,
decentralization, elections, judicial reform, a national conference initiative and a
new social contract, institutional strengthening of political parties and civil society
organizations, reintegration of former armed elements and professionalization of the
HNP. Additionally, it was agreed to establish a number of commissions to address
issues such as recent human rights abuses, financial wrongdoing and matters related
to the former military. The Pact emphasized the need to provide assistance to
victims of the prior government. The Pact also provided that the signatories would
engage in discussions with the United Nations on the status of the MIF and the
follow-on peacekeeping operation.
15. Extending the authority of the State outside Port-au-Prince will also be a major
test for the transitional Government. Many communities are without legitimate local
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governments and are controlled by irregular armed groups. Self-appointed or
insurgent-designated mayors and leaders have replaced some local bodies. While the
authority to appoint regional delegates (equivalent to “prefects”) rests with the
central executive branch, the intended nomination by the transitional Government of
provisional municipal committees will require a sustained consensus at the local
level throughout the transitional period.
16. Addressing the key objectives identified in the Pact will be essential to
overcome the current crisis, improve Haiti’s governance and make progress towards
sustainable development. It will require a long-term effort at the grass-roots level,
with a view to empowering the Haitian people, promoting local ownership and
developing a culture of dialogue and compromise. Empowering the Haitian
population also implies that more decisions should be taken at, and more resources
allocated to, the local level. In this context, the implementation of a genuine
decentralization process has been identified as a priority in the Pact for political
transition. The international community is poised to assist the Haitian authorities at
all levels in these efforts, particularly with a national dialogue and institutional
development.
Electoral process
17. Over the last 10 years, most electoral processes have been disrupted or
contested. The Parliament is not currently functioning; the term of the National
Assembly had expired by January 2004 and, due to expired terms, the Senate has
lost more than half of its members and cannot reach a quorum. The term of the local
bodies had also expired by January 2004. With regard to the presidential elections,
the Constitution provides for a vote within 90 days after the President’s post
becomes vacant, which occurred on 29 February. There is a consensus, however,
that the election cannot be organized within the prescribed time frame.
18. Given that the controversy surrounding recent elections played a large part in
the political crisis of the last few years, the conduct of free and fair elections at all
levels will be a key element in the Haitian political and constitutional process.
Various interlocutors had called for the transition period to last between nine and
twenty-four months. While the Fanmi Lavalas and the Convergence démocratique
political groups had expressed a preference for general elections to be held by the
end of 2004, members of civil society and the international community were of the
view that more time would be needed to prepare the elections and to create the basis
for a sustainable democratic process in Haiti. Subsequently, it was agreed by most
Haitian stakeholders, with the exception of Fanmi Lavalas, that municipal,
parliamentary and presidential elections will be held before the end of 2005 with the
elected President to be sworn in on 7 February 2006.
19. Despite efforts throughout the 1990s, Haiti still does not have a permanent or
provisional electoral council. As a first step, the formation of a pluralistic
provisional electoral council should be facilitated. In accordance with the Pact, the
nine members of the provisional electoral council will be appointed in line with the
prior 2002 agreement, reached with support from the OAS, which provided for the
nomination of its members by civil society, political groups and the government. By
13 April 2004, all members of the provisional electoral council had been designated,
including a representative from Fanmi Lavalas. Once formed, the council will
establish a timetable for the elections. This time frame will need to take into
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account, not only logistical and operational requirements, but also security and
political considerations. Haiti’s political life has too often been dominated by highly
personalized presidential elections, fostering inflammatory rhetoric and distracting
the population’s attention from local challenges. In that context, the convening of
municipal and parliamentary elections prior to the presidential elections could be an
important step in order to move away from the past and would promote local
governance and local ownership of democratic processes.
20. Until time frames for the elections are established, the international
community could continue to help create a viable and sustainable infrastructure for
the elections. Programmes could include technical support for political parties in
developing issue-based campaigns and policy-driven agendas; training for party
members in constructive negotiation and dispute resolution; support to women as
voters and candidates; and the further development and consolidation of a civil
registry and voter registration database. The interim President, the Prime Minister of
the transitional Government and other interlocutors of the multidisciplinary
assessment mission expressed the view that the international community should
supervise, rather than observe the elections to ensure the legitimacy of the results. A
further assessment will be undertaken to determine the modalities for the
international community’s role in this area.
III. Security situation
21. The security situation in Haiti has visibly worsened since the end of 2003,
culminating in an armed insurgency and the near collapse of the entire security
apparatus in February 2004. Many of Haiti’s security problems, however, are of a
structural nature. After President Aristide’s return to power, having been overthrown
in a military coup in 1991, he passed a decree in 1995 to disband the Haitian armed
forces. This decision was not followed by an amendment to the Constitution
reflecting the army’s dissolution. Moreover, members of the former military were
demobilized without adequate provision being made for securing their weapons and
for establishing reintegration programmes or compensation packages, including
pensions. This resulted in serious discontent among members of the former military
and planted the seeds for future civil unrest. As called for in the 4 April Pact, a
commission will explore the issue of pensions for former military and make
recommendations to the forthcoming elected Government on the advisability of
reorganizing the military.
22. Over time, the security situation in Haiti was undermined by the politicization
and disintegration of the HNP and the concomitant rise of armed groups, known as
chimères, on which the former President increasingly relied to maintain power. In
return for their support, these armed groups received financial assistance and were
given a free hand to intimidate political opponents as well as segments of the local
population and to engage in organized crime, including narcotics trade. Against that
backdrop, many Haitians armed themselves for self-protection and unregulated
private security companies further contributed to an unprecedented nation-wide
proliferation and trafficking of small arms. It should be recalled that the
Constitution grants every citizen the right to self-defence within the bounds of his
domicile, but not to bear arms without a permit.
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23. Following the outbreak of armed conflict in the city of Gonaives in early
February 2004, which spread to other cities in subsequent days, insurgents gradually
took control of much of the northern part of the country. Some members of the
former military also returned to Haiti and took control of cities in the Central
Plateau. Other armed groups, such as community-organized groups, paramilitary
and militia groups, armed street gangs and prison escapees joined ranks with the
insurgents. Some of them have been embraced by the local population and senior
politicians as “liberators”. The community-organized armed groups and gangs are
highly fragmented, located primarily in impoverished urban areas and pose the
greatest threat to security. Moreover, many of these groups also turned to banditry
and other criminal activities in order to sustain themselves. The absence of the rule
of law has reinforced a climate of impunity and other crimes, such as kidnapping,
robberies and rape, are on the rise. In addition, politically motivated intimidation
now mainly targets Fanmi Lavalas supporters.
24. Moreover, Haiti has become a significant trans-shipment place for cocaine due
to a lack of law enforcement, porous borders and corruption of some of the law
enforcement agencies and their political sponsors. This has resulted not only in
increased violence and crime, but also in a higher consumption of drugs, as local
intermediaries have increasingly been paid in kind, prompting them to resell it on
the local market. This problem would need to be addressed more aggressively by the
international community and by the Haitian leadership and law enforcement
agencies, both at the local and regional levels.
25. At the time of the deployment of the MIF on 29 February, the Haitian
authorities were in control only of the territory around Port-au-Prince. The MIF,
which is drawn from Canada, Chile, France and the United States, has already
deployed over 3,000 troops. The MIF headquarters and the majority of its troops are
deployed in the capital. Since mid-March, the MIF has also established a presence
in the northern cities of Gonaives, Cap Haitien and Fort Liberté. The MIF conducts
occasional air and ground patrols in other areas. The MIF’s number of troops does
not allow it to guard large numbers of static sites. The HNP has joined the MIF in
some patrols.
26. While the security situation has calmed down with the deployment of the MIF,
the latter’s restricted resources and geographic areas of operation, as well as limited
disarmament activities has constrained its ability to address aspects of the insecurity.
The situation on the ground remains complex; in some areas, the MIF and the HNP
coexist with the insurgents. Armed groups still control parts of some regions. In
addition, a variety of local security arrangements exist, involving civil action
groups, former military, local gangs escaped prisoners and some HNP officers who
returned to their posts. These groups coexist in some cities, dividing the area among
them.
27. The security environment remains uncertain and will be influenced by the
political process, the pace and efficacy of the restoration of government authority
and State institutions, particularly the HNP, throughout the country, the durability of
the measures undertaken by the MIF, particularly with regard to disarmament, and
the willingness of armed groups to cooperate with disarmament and reintegration
plans. To date, weapons handovers have been largely symbolic and pledges by
rebels to lay down arms upon the establishment of a transitional Government have
not yet been followed through. In the light of these uncertainties and the
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institutional obstacles faced by the HNP in performing law and order functions, an
international presence would need to provide a security umbrella under which the
Haitian Government could re-establish public security and promote a feeling of
safety among the population. That would require that the international security
presence, in conjunction with the gradually emerging HNP, confiscate visible illicit
arms and seize arms caches. It would also require deployment throughout the
country and close coordination with international civilian police as well as the HNP.
Disarmament, demobilization and reintegration
28. As part of the effort to create a secure environment, a comprehensive
programme for the disarmament, demobilization and reintegration of armed groups
will be required. The transitional Government should commence political
engagement with the armed groups to secure their commitment. The international
community could support the national capacity to develop, coordinate and
implement a sustainable disarmament, demobilization and reintegration strategy,
which considers the distinct roles and needs of women, girls and men. The informal
and unstructured nature of many armed groups requires a tailored and decentralized
approach to voluntary disarmament and could be combined with a sustainable
process of socio-economic reintegration, which could be framed within a broader
process of longer-term community recovery, development, local reconciliation and
peace-building.
29. Furthermore, support could be provided for the development of national legal,
law enforcement and administrative capacities for weapons control, collection,
management (including licensing and registration), secure stockpiling, destruction
and disposal, and combating illicit trafficking. A central element could be the
establishment of a national coordination and policy development mechanism, which
could bring together national institutions, civil society, the private sector, the United
Nations, regional organizations, NGOs, international financial institutions and
interested donors. The strategy could be complemented with a community-based
information- and awareness-raising campaign targeted at all groups of society,
including women and children associated with such groups, to improve the
understanding of disarmament and weapons regulations, generate participation in
disarmament, demobilization and reintegration programmes and foster a culture of
settling conflicts by peaceful means. Finally, secure and adequate funding of such a
disarmament, demobilization and reintegration strategy should be established from
the outset.
IV. Police, judicial and corrections
Police
30. Since the disbandment of the armed forces in 1995, the HNP is the only
remaining component of the official security apparatus in Haiti. The HNP comprises
189 countrywide operational police departments (10 Commissariats de département,
46 Commissariats d’arrondissement, and 133 Commissariats de commune). Prior to
the recent events, the number of police officers amounted to some 5,000 officers out
of a projected strength of 6,367 officers, of which 5.6 per cent were female police
officers, in a country of 8.5 million inhabitants. It is estimated that the HNP would
need a minimum of 10,000 officers, or 1 police officer for every 800 citizens, in
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order to meet Haiti’s basic law and order requirements. The ratio in the region is
normally 1 police officer for every 400 citizens. During recent years, the HNP has
suffered a critical shortage of qualified personnel, logistical and financial resources.
Border security did not function appropriately, except for some incipient coast guard
capacity, and adequate arrangements were not in place to deal with criminal
investigation, drug or human trafficking.
31. In addition to a lack of resources in recent years, the HNP has been plagued by
heavy politicization, corruption and mismanagement. Arbitrary promotions of Fanmi
Lavalas loyalists, the incorporation of
chimères, police abuse, rape and drug
trafficking further contributed to the demoralization and erosion of professional
standards within the police service and a loss of credibility in the eyes of the Haitian
population. The weak status of the HNP has also contributed to crime, including
drug trafficking. Results in the fight against crime were scarce.
32. During the recent unrest, the HNP almost completely collapsed. Today, with a
drastically reduced strength of no more than 2,500 police officers, the ratio stands at
1 officer for every 3,300 citizens. Many police stations were vandalized, burnt and
seriously damaged, while equipment, records and archives have been looted or
destroyed. Many Commisariats d’arrondissement are not controlled by the HNP.
Despite these challenges and shortcomings, the HNP has been able to maintain a
minimal law enforcement capability, contribute to a protective detail for the interim
President and Prime Minister and maintain elements of an anti-riot operational unit
and a 250-strong judiciary police capacity. Law enforcement officers have begun to
return to work, after several months of reduced or no activity. However, police
patrols and traffic control remain virtually non-existent, although policing activities
are expected to gradually expand in conjunction with the stabilization efforts of the
MIF. The HNP leadership has been endeavouring to bring back more HNP officers
and to recruit new officers.
33. A successful restoration of the rule of law and public security in Haiti will
require a comprehensive approach to assist the HNP with sustainable reform and
institutional strengthening, in conjunction with parallel improvements in other areas
of the criminal justice system. The lack of qualified personnel and basic equipment,
as well as rehabilitation of infrastructure, will be the first and foremost challenges.
Due to the flight of many HNP officers, the need for new recruits, including
increased numbers of female officers to deal with, among others, victims of sexual
violence, and police training, including on human rights and violence against
women in particular, is pressing. The international community could facilitate the
vetting, capacity enhancement and certification of competences and skills of these
newly recruited officers; offer on-the-job mentoring within a community-based
policing approach; advice on setting up specialized units for dealing with victims of
domestic and sexual violence as well as human trafficking; and provide training and
refresher courses at the HNP Academy. With immediate support from the
international community, the HNP could resume its training activities and restore its
capability up to the recent pre-crisis levels in two years. A long-term plan to
increase HNP strength up to 10,000 would require sustained support from the
international community for at least an additional four years. Guidance and support
for the implementation of effective professional standards and transparent internal
oversight mechanisms within the HNP would be another necessary element. With
regard to drug trafficking, effective structures and mechanisms are needed to tackle
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the problem particularly by enhancing national capacity in this area through
legislation and law enforcement.
34. The regeneration and professionalization of the HNP must be a national effort
on the basis of community requirements. The international presence could
accompany such effort, provide operational back-up as needed and assist with
training and institution building. However, it will take time for the HNP to be fully
revitalized and provide the level of public security required. Therefore, a priority
effort should be made to ensure that the HNP is fully able to exercise its
responsibilities in the shortest possible time.
Judicial
35. The judicial sector has lacked institutional capacity and resources and suffered
from limited territorial coverage and endemic corruption. Basic tools such as
criminal registries, investigative techniques and protocols and means for
information sharing have been missing. The public lacks confidence in the courts, as
impunity often prevailed and the case management flow does not work properly.
Justice is distant from the public as it is administered mainly in French on the basis
of written documents and costly procedures, thus blocking its access by most
Haitians, who are Creole-speaking, illiterate and poor. Legislation remains outdated
and often discriminatory against women. Moreover, the judiciary’s independence
has been strongly questioned. There has been no functioning juvenile justice system.
36. The administration of criminal justice in Haiti has been greatly affected by the
recent crisis. Tribunals came to a standstill, as most judges ceased to report to work.
Courts and other judicial buildings have been damaged and in some instances
burned down. Equipment and archives have been destroyed or looted. Where courts
still exist, judiciary officers are returning to work, security conditions permitting.
37. Considerable improvements in the justice sector are needed to ensure lasting
peace and security in Haiti. In order to be sustainable, reforms should take into
account the need to respect local absorptive capacity and to ensure local ownership.
The international community could resume and bolster efforts in support of the
administration of justice. Initiatives groups promoting the reform of the justice and
the security sector, deserve further support. Moreover, as part of an effort to
reformulate legal texts, the transitional Government could conduct an open and
participatory process that aims to stimulate the emergence of a national consensus
on the parameters of the judicial system.
38. Short- and medium-term international and local interventions could focus on
improving the overall delivery of justice and combating impunity so as to rebuild
public confidence in the judicial system, as well as enhance access to justice for
marginalized or vulnerable groups. That would require the continuation and
expansion of current efforts aimed at improving case-filing systems, strengthening
the penal chain in provincial jurisdictions, facilitating better communication
between police and investigative judges, reducing response times for cases by
judges and courts, and providing training and facilitation for alternative dispute
resolution and supporting the establishment of a functioning juvenile justice system.
Key issues that could be addressed are the need for judicial independence, palpable
anti-corruption measures and the devotion of sufficient Haitian resources to reform
the judicial system, including payment of salaries to attract and retain committed,
qualified and professional staff. The international community, in particular United
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Nations agencies and programmes, have provided considerable assistance to the
judicial sector, and is now engaged in a further evaluation of its future intervention
in this field. Once this evaluation is completed, the role, if any, that the Organization
could play in support of legal and judicial development will be determined.
Corrections
39. The Administration Penitentiaire Nationale, operating under the authority of
the HNP, is in charge of 21 detention centres. The system housed approximately
3,800 prisoners prior to the recent disturbances, of whom approximately 80 per cent
were pre-trial detainees. During the insurgency in February 2004, all inmates
throughout the country were set free and prison facilities, equipment and records
were destroyed, looted or severely damaged. At the time of the multidisciplinary
assessment mission, the prisons could not be used because they did not provide
adequate security and use in their current state would present serious health risks to
prisoners and corrections staff. Approximately 300 prisoners have since been
detained in police station cells; others, including dangerous criminals, remain at
large.
40. Restarting the activities of the corrections system will be a priority since the
slow resumption of police and judiciary activities has resulted and will continue to
result in a large number of prisoners being held in overcrowded police lock-ups,
who require transfer to secure prison facilities. The United Nations system,
especially United Nations agencies and programmes, has provided support to the
prison system since 1995, including training and advisory support and infrastructure
development. It is clear that early investment by the international community in
rebuilding infrastructure and provision of equipment would be necessary to enable
the system to function in the short term. Medium-term support would be needed in
reforming the existing provisions governing the penal system, and such reform
should be rooted in an ongoing dialogue with civil society and human rights groups.
The international community could further provide technical support to the prison
administration in rehabilitating destroyed jails and updating its database to account
for all escapees. Currently, 52 of the 600 corrections officers are women. When
re-establishing the corrections system, due regard will be needed to ensure that
female corrections officers are at least retained, if not increased. A further
evaluation of the nature of future assistance to the prison system will be undertaken.
Once the evaluation has been completed, the role, if any, that the Organization or
any other international actor could play in support of the corrections system will be
determined.
V. Human rights
41. Human rights violations in Haiti have been a serious concern in the past and
continue to be today. Political and institutional instability, socio-economic
impoverishment and a volatile security situation has reinforced a climate of
lawlessness and impunity and has led to an increase in human rights abuses and
other acts of violence, including extrajudicial killings, arbitrary arrests, wrongful
detentions, abductions, attacks against journalists, human trafficking, sexual
violence against women and girls and the use, albeit limited, of child soldiers by
various parties. All sides, irrespective of political affiliation, have committed
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violations and have been victims of abuses. Many former perpetrators of gross
human rights violations joined the rebel movement and remain at large.
42. In the past decade, at the request of the Commission on Human Rights, I have
appointed two successive independent experts to provide assistance to the
Government of Haiti in the area of human rights, to examine the development of the
situation of human rights in Haiti and to monitor the fulfilment by Haiti of its
obligations in this field. They have identified the continued serious deterioration of
the human rights situation due to weak institutions, police brutality, widespread
impunity and corruption. The Commission on Human Rights has also reported on
Haiti and has documented serious human rights violations. The multidisciplinary
assessment mission came to similar conclusions. The Independent Expert on the
Human Rights Situation in Haiti, Louis Joinet, visited Haiti from 3 to 11 April to
assess the human rights situation in the context of technical cooperation in that
field.
43. The Haitian authorities have been unable to address abuses effectively due to,
inter alia, the weakness of State institutions in charge of guaranteeing respect for
human rights and administering justice. Prior attempts at bringing justice to victims
of human rights abuses were inadequate. In March 1995, President Aristide
established, by decree, a short-lived National Commission on Truth and Justice,
which was mandated to investigate human rights violations perpetrated by the
military regime between 1991 and 1994 and make its results available to the Haitian
judiciary for further action. About 6,000 victims submitted their cases. In February
1996, the Commission produced a report on the human rights violations, including
recommendations on reparation and reform of State institutions. The results
achieved by the Commission were relatively satisfactory, but it was handicapped in
its ability to offer a comprehensive compensation plan for the victims inter alia
owing to lack of resources. Only limited funds were available for community
projects indirectly assisting victims. Further, women who were victims of politically
motivated rape during the military regime of 1991-1994 have not received
compensation or assistance for the psychological trauma and medical consequences,
including HIV/AIDS, of such attacks. Offices for human rights protection, such as
the Office of the Protection of Citizens, have lost credibility because of their
inability to act upon violations committed against human rights activists, political
opponents and journalists.
44. Without putting an end to impunity, no genuine reconciliation or sustainable
social peace can be attained. The international community could support initiatives
and mechanisms established by the transitional Government to re-establish the rule
of law and promote a culture of individual accountability for human rights abuses
and of redress for their victims. Furthermore, capacity-building efforts could support
the Office of the Protection of Citizens on the basis of consultations with all sectors.
Assistance could also be provided to local human rights NGOs and civil society
organization, particularly women’s organizations and those dealing with child
protection; for the promotion of human rights education; and the establishment and
maintenance of a human rights database to record human rights violations.
VI. Humanitarian situation, recovery and development issues
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45. Haiti is the only least developed country in the Western hemisphere, is a small
island developing State, with 8.5 million inhabitants, occupying a territory (land and
sea) of 27,750 square kilometres, and is emerging from a recent conflict situation.
The Haitian commercial sector has been decimated. Forty per cent of Haiti’s
revenues come from remittances from Haitians living abroad. Haiti’s socio-
economic indicators are particularly bleak, with an extreme division between rich
and poor and a small middle class. Approximately 52 per cent of the Haitian
population lives below the poverty line. Haitian women in particular live in
precarious humanitarian conditions mainly due to chronic poverty; lack of
reproductive health care; a high prevalence and acceptance of domestic violence and
a high maternal mortality. Maternal and infant mortality is the highest in the
Western hemisphere and one of the highest in the world. Only 34 per cent of
children aged 12 to 23 months receive all the required vaccines and 16 per cent of
children have not received any vaccine at all. Chronic malnutrition affects some 51
per cent of the population, with two thirds of children under five suffering from
anaemia. Before the current crisis, close to half the boys and about 40 per cent of
the girls were not enrolled in primary school. It is estimated that more than 2,000
children are trafficked every year outside the country. Exposure of children to
violence and exploitation of children as domestic indentured servants (an estimated
75 per cent of these so-called
restavèk are girls 7 to 14 years of age) has been
widespread. Sexual violence against children and women is on a sharp upswing.
46. Haiti has the highest prevalence of HIV/AIDS outside sub-Saharan Africa,
estimated at 4.5 per cent in 2002. HIV prevalence levels within the country vary
enormously, from as high as 13 per cent in the north-west to 2-3 per cent in the
south along the border with the Dominican Republic. Despite remarkable progress
in combating the epidemic, AIDS claims an estimated 30,000 lives a year and has
left some 200,000 children orphaned. Among young people 14 to 24 years of age, 5
per cent of girls and 4.1 per cent of boys are infected with HIV.
47. Owing to failed agricultural policies and rapid environmental degradation, the
size of urban areas has more than doubled since the mid-1970s. Those areas now
contain close to 40 per cent of the population in the country, including over 2
million people in Port-au-Prince. The concentration of population and poverty in
uncontrolled and unsafe slums represent not only a source of physical and social
vulnerability to large sectors of society, but also an insecure and volatile
environment. Massive unemployment has created large numbers of resentful youths,
who embrace radical political rhetoric, hold weapons and contribute to cyclic
violence. This dire humanitarian situation contributes to displacement, as it prompts
many poor Haitians to leave the country in search of economic opportunities. There
has also been a catastrophic erosion of Haiti’s biodiversity and environmental
resources.
48. In the past few months, the turbulence has further disrupted the provision of
vital services to the population. There has been a sharp decline in food security due
to the disruption of distribution mechanisms. The availability of agricultural inputs,
usually procured by farmers for the main cereal-planting season between March and
April, has been severely impacted. The provision of health services, including
emergency hospital services, has been disrupted due to the lack of security. Stocks
of essential drugs have been depleted, and it has become very difficult to re-supply
the network of health facilities. Key health programmes have also been interrupted.
A rapid post-crisis assessment conducted by the United Nations system in
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coordination with Haiti’s Ministry of Health showed that of the 30 health facilities
surveyed in the Port-au-Prince metropolitan area, 22 had their emergency capacity
seriously compromised. Reliable numbers of refugees and others displaced
internally as a result of the recent crisis are not available, but are thought to number
no more than 2,000. However, as is evident from the assessment of the overall
situation in the present report, there is currently no adequate protection framework
in place to respond to their safe return.
49. Responding to the immediate crisis and addressing its roots require both a
short-term humanitarian response as well as a sustained longer-term development
effort. The challenges require sustained international resources and commitment,
especially in order to ensure integrated economic support for Haitian communities
with a view to generating employment and creating the conditions for armed youths
to return to productive economic activity. Creating such conditions would also have
the effect of reducing the impetus for departures due to poverty and unemployment.
In addition, international assistance should be provided not instead of, but in support
of, Haitian institutions at the national and local levels, so that the latter acquire the
capacity to fulfil the responsibilities and perform the functions that they are
mandated to discharge. The international community’s response should ensure a
capacity-building component in all assistance provided, and to further ensure that
that assistance reflects the priorities, proposals, and programmes emerging from an
intra-Haitian consultative process. In providing support to new initiatives and
activities, the international community should also build upon viable activities that
are already under way, especially the ongoing efforts of the United Nations
agencies, funds and programmes, regional organizations and initiatives by the
Haitian civil society.
50. However, in the light of Haiti’s internal divisions and discord, the provision of
such assistance alone might not be sufficient. When Haiti’s political process,
national institutions and political and civic leadership were deadlocked and unable
to establish a concrete social and economic programme, assistance from the donor
community became significantly reduced. Non-governmental organizations filled a
gap in the delivery of basic services by the Haitian institutions, benefiting recipients
but at the same time undermining the incentive for the authorities to restore
essential services.
51. It is therefore important that international assistance be provided in support of
programmes and activities that have been jointly developed by different actors
across social and political divides at both the local and the national level. The past
few years have seen an unprecedented mobilization of key civic sectors in Haiti on
behalf of democracy and human rights, to the point where civil society could be an
autonomous force in influencing the Haitian polity and economy in a positive
direction. The international community could work closely with them, in particular
the peasant organizations given the historical divide between rural and urban areas.
The transitional Government, as well as civic groups and political parties, have
called for a process of national dialogue to establish a concrete plan for national
recovery and to reach a viable consensus on an effective plan for the consolidation
of democratic governance, including during the transitional period. Drawing on
existing dialogue initiatives, the international community could support such a
process, as appropriate and requested by the Haitian Government and civil society,
and further support the implementation of the proposals emerging from that process.
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Key priorities
52. The key political, security, humanitarian, social and economic challenges and
problems that Haiti is facing are interrelated and require an integrated response by
the Haitians and the international community. Some of the proposed areas of
assistance have been mentioned previously, such as national dialogue and
reconciliation, electoral processes, institutional capacity-building, combating drug
trafficking, disarmament, demobilization and reintegration and responses to
violence against women. In addition, support and assistance could be provided in
such areas as food availability, public health, HIV/AIDS, education, environment,
and employment generation. As a matter of principle, assistance should aim at
improving the situation of the most vulnerable, particularly women and children.
Assistance should also require the participation of women in its planning and
delivery, and facilitate their access to, and control over, resources, especially for
single female heads of households.
Ensuring the availability of food
53. Providing the most vulnerable population with food aid, especially at a time
when local stocks have been exhausted, and some regional stocks looted, is critical.
The United Nations system is currently engaged in deploying its full logistical
capacity in that regard and has launched a five-month “special operation” which
aims at assisting vulnerable families, and is in line with strategies outlined in the
April 2003 Integrated Emergency Response Programme and the United Nations
Flash Appeal of March 2004. In addition, significant short-term interventions will
be needed to support agriculture, including in the form of agriculture inputs
targeting the planting season in the midland and highland agro-ecological zones.
Restoring public health
54. In the health sector, following consultations with Haiti’s new health
authorities, an Emergency Health Task Force comprised of relevant United Nations
system partners and civic organizations has recommended that support for the health
sector should focus on restoring basic health services in the University Hospital in
Port-au-Prince and six other regional hospitals, and setting up a basic emergency
services system among existing health facilities; restoring key health programmes,
such as immunizations, HIV/AIDS and tuberculosis prevention, treatment, and
surveillance; and organizing a grass-roots and social communication campaign in
large population areas to keep hospitals and health facilities free of weapons. The
ability of people with both urgent and chronic conditions to access essential health-
care facilities and receive appropriate treatment is a critical element of rebuilding
public confidence in, and hope for, the future. Ensuring that those in need, as well as
staff who care for them, have secure access to the facilities and services identified
by the Emergency Health Task Force would be a major task for the HNP, with
support from the international security presence, which would also be requested to
undertake low-key surveillance of the main health facilities.
55. Since safe access to water and sanitation has been further eroded during the
crisis, it will be essential to accelerate in the urban areas the removal of solid waste,
clean up streets and public drainage, and restore the main water systems before the
rainy season starts. As part of that effort, the international community could support
the municipal authorities and contribute to restore the main water systems in Port-
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au-Prince, Port-de-Paix, Gonaives, and Cap Haitien, and ensure the provision of a
minimum power supply, chlorinating elements, and fuel to ensure adequate
operation. In the longer-term, the international community could support national
and local authorities in the preparation of an investment plan for infrastructure and
equipment for priority health facilities and water systems; the implementation of a
human resources programme to strengthen the capacity of public health-care
providers; and the implementation of a system of subsidized health care and drugs
for the indigent population and their access to health services in the large population
areas.
Combating HIV/AIDS
56. The United Nations system has been supporting the national programme
against HIV/AIDS. This has included assistance to Haitian NGOs, with the
participation of the private sector, to create greater awareness among the population
regarding the risks of HIV/AIDS and preventive measures, including the provision
of counselling and psychological support. As part of short-term assistance for
combating the spread of HIV/AIDS, United Nations agencies will endeavour to
provide emergency medical kits, condoms, and support to pregnant women, victims
of sexual violence and people living with HIV/AIDS, as well as aim to help re-start
the treatment and awareness programmes interrupted by the violence and insecurity.
The efforts of a Haitian-led multifaceted response to HIV/AIDS would benefit
greatly from the longer-term investment in medical infrastructure, systems and
human resources.
Supporting education
57. In order to bring normalcy to the lives of children, United Nations agencies are
supporting a back-to-school campaign for the approximately 60 per cent of children
who were attending primary school at the time of the current eruption of violence.
For those out of school, such as street children,
restavèk, orphans and abandoned
children, essential medicines, recreational kits and psychosocial support are being
provided. Given the currently low levels of enrolment, attendance and completion at
the primary level, and considering the crucial contribution of the education sector to
the fight against HIV/AIDS and the promotion of tolerance and human rights, the
United Nations system would attach long-term priority to issues of access to, and
quality of, primary education. Alternative opportunities for the constructive
participation of adolescents in the lives of their communities and in the shaping of a
national recovery agenda would be sought in order to prevent violence and build a
Haitian society based on tolerance, trust, respect for human rights, and equity.
Supporting the environment
58. Environmental degradation in both urban and rural areas is a major concern.
Degradation of natural resources due to overexploitation has resulted in the loss of
livelihood in the rural areas and migration to urban areas. That can be reversed only
by targeted intervention to increase productivity and rural employment. Rapid
urbanization also resulted in the proliferation of slums and the breakdown of already
limited urban environmental services. Addressing environmental degradation could
minimize the risk of civil unrest and lay the foundation for a more sustainable
development. In that context, the international community could assist the Haitian
authorities in formulating a comprehensive environmental policy together with a
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relevant legislative framework, creating the institutional capacity and developing
programmes and projects to implement that policy.
Supporting employment generation, including through a National Employment Fund
59. The challenges to ensuring lasting peace in Haiti require sustained
international resources and commitment, especially in order to ensure integrated
economic support for Haitian communities so that employment is generated and that
armed youth can return to productive economic activity. One device for providing
these resources could be a flexible and autonomous National Employment Fund to
provide assistance for specific projects aimed at generating employment and
developing economic or social capital at the communal level. The fund could build
upon an existing “social investment fund” in Haiti that supports community-level
initiatives with contributions from the Inter-American Development Bank and the
United Nations system. The fund could support activities in such areas as: the re-
launch of the preparation by the Haitian authorities of an interim Poverty Reduction
Strategy Paper, with a particular focus on employment-generating programmes at
the communal level; the implementation of concrete community-level projects and
activities that have been identified on the basis of agreement among relevant actors
and sectors within these communities, including through ongoing dialogue
initiatives; and support for projects and activities that bring together employment
generation with the conservation of the environment, keeping in mind the ongoing
environmental catastrophe in Haiti and the imminent depletion of its water and
topsoil resources.
Funding resources required
60. To ensure an effective and timely response to these emergency humanitarian
and rehabilitation needs, a quick and generous response from donors is essential.
The United Nations issued a Flash Appeal for Haiti in March 2004, requesting
urgent funding in the amount of $35 million for six months for coordinated, multi-
agency interventions in the health, nutrition, water and sanitation, food and
education sectors, disarmament and for protection activities for the most vulnerable
sectors of the population, including projects aimed at reducing gender-based
violence. The aims of the Flash Appeal are to provide immediate humanitarian
assistance for 3 million people for the first three months of the life of the Appeal.
During the remaining three months, the Appeal aims to lay the foundation for the
rehabilitation of social services and economic recovery. The United Nations country
team will systematically review needs on the ground to ensure that no gaps or
overlaps occur in the execution of this comprehensive humanitarian assistance
programme. Should residual needs be identified, a successor appeal, based on future
assessments, will be launched.
61. With regard to the medium- and longer-term assistance needs, a Haiti Contact
Group meeting, comprising lead donors, international financial institutions and
regional organizations, was convened at World Bank headquarters in Washington,
D.C., on 23 March 2004, resulting in an agreement to prepare an Interim
Cooperation Framework focusing on the current economic, social and institutional
needs in Haiti. A policy dialogue meeting on governmental priorities between the
transitional Government and donors will take place on 22 April in Port-au-Prince,
which will be followed by a pledging conference in late June. The United Nations
Development Programme (UNDP) and the World Bank will be leading the
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assessment process for the preparation of the Interim Cooperation Framework on the
donor side. United Nations agencies, funds and programmes will participate to inter
alia help to ensure that specific transitional strategies from humanitarian relief to
development are established. This national reconstruction plan, which will present a
national strategy for reconstruction and rehabilitation and build on and strengthen
national capacities for development, will be launched later this year.
VII. Gender
62. Insecurity has led to recent increases in sexual violence against women, which
is being perpetrated in a climate of impunity. Women and girls also face significant
inequality in the political, legal, social and economic spheres. Women do not enjoy
equal access to decision-making structures at the national and local levels. Specific
legislation on violence against women, including domestic violence, is either non-
existent or does not meet international standards. Trafficking in children, especially
girls, exists for the purposes of domestic labour and/or prostitution. These factors
increase the vulnerability of low-income populations, particularly women and
children, to (sexual) exploitation and abuse.
63. Efforts aimed at improving the situation of women in Haiti should support a
sustainable, grass-roots approach that is focused on building the capacity of women,
women’s leaders and women’s organizations at all levels. Support could be provided
to the Haitians to develop a national strategy to promote gender equality. That could
include, among others, strengthening the role of women in the transition process,
including in decision-making positions; addressing gender-based violence;
addressing gender concerns in policing, including the need for female police officers
and police officers trained in dealing with victims of sexual and domestic violence
and measures to combat human trafficking; updating legislation to ensure protection
of women’s rights in accordance with international standards; and promoting the
participation of women as voters and candidates in elections.
VIII. Situation of the media
64. Media in Haiti represent an important factor in national life. The diverse and
vibrant media landscape includes the government-owned radio and television
stations and daily newspaper; a number of media outlets identified with religious,
political or other interest groups; and a large private sector. Although the role of
newspapers is limited by a relatively high illiteracy rate, the number of radio and
television stations throughout the country is high. Some 30 to 40 radio stations and
as many as 7 television stations operate in Port-au-Prince alone. Professional
standards vary widely, and there is a general lack of capacity in terms of core
journalistic methods and tools, critical reporting and in-depth analysis.
65. In recent years, the Haitian media have participated actively in the national
debate by virtue of a wide margin of freedom of expression. At the same time, a
high level of tension and fear has characterized the situation in which the media
operate. Media outlets and journalists throughout the country report being subjected
to threats, financial and judicial harassment, vandalism and physical violence
accompanied by a growing sense of impunity for such acts. Conditions worsened as
the political dialogue broke down; positions polarized and reporting in the media
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became more partial. In the period immediately prior to and following the departure
of former President Aristide, vandalism and looting, political instability and a
scarcity of resources resulted in the suspension or modification by some media
outlets of their operations. Lack of resources and the uncertainty of the political and
security situation continue to hamper media operations.
IX. Activities of regional and subregional organizations
66. In laying the ground for the implementation of resolution 1529 (2004), account
has been taken of the important roles that the OAS, particularly the OAS Special
Mission, and CARICOM, have played in recent years. In certain aspects, there has
been close collaboration between the United Nations and the OAS, including
through a joint mission, the International Civilian Mission in Haiti (MICIVIH).
67. Since August 2002 and despite limited financial resources, the 40-person OAS
Special Mission for Strengthening Democracy in Haiti has been working in public
security, justice, human rights and governance. In September 2002, the OAS Special
Mission was given additional mandates in electoral assistance and disarmament. The
OAS Special Mission currently fields 23 police advisers who have been working to
improve training at the Police Academy and, jointly with UNDP, attempting to lay
the groundwork for a disarmament strategy. Beginning in May 2003, technical
advisers have been attached to departmental HNP commanders as well as to senior
leadership at police headquarters. The OAS Special Mission has been working at the
Magistrates School and holds seminars for judges and lawyers on regional human
rights and justice mechanisms. In the light of the political turmoil, the OAS Special
Mission’s small human rights team has focused on individual cases and extending
assistance to victims.
68. While a subregional organization with a primarily economic mandate,
CARICOM has played an increasingly prominent political role by initiating, in
January 2004, a number of initiatives that sought to overcome the political impasse
in Haiti. Elements of these proposals were subsequently carried forward by
CARICOM, as well as other international players. The relations between
CARICOM and the transitional Government were strained by the arrival of former
President Aristide in Jamaica on 15 March 2004. The latter event prompted Prime
Minister Latortue to state that diplomatic relations between Haiti and Jamaica would
be frozen and to call Haiti’s relations with CARICOM into question. On 26 March
2004, CARICOM member States decided to withhold its recognition of the
transitional Government pending a review of the situation in Haiti in the near future.
At the same time, CARICOM adopted a set of measures that seek to facilitate the
interface of CARICOM with the interim leadership of Haiti as well as with the
international community on Haiti, including through the reconstitution of the Core
Group of CARICOM Prime Ministers on Haiti, the designation of a Special Envoy,
and the establishment of a Task Force to coordinate CARICOM’s assistance to Haiti.
On 7 April 2004, CARICOM informed Haiti’s Prime Minister in writing about these
measures and reaffirmed CARICOM’s commitment to the people of Haiti and to
their social and economic well-being.
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X. Recommendations for a United Nations operation
69. As envisaged by Security Council resolution 1529 (2004) and on the basis of
the findings of the multidisciplinary assessment team, I recommend the
establishment of a multidimensional stabilization operation in Haiti, to be known as
the United Nations Stabilization Mission in Haiti (MINUSTAH) with a mandate,
structure and concept of operations as described hereunder.
A. Mandate
70. I recommend that the mandate of the Mission include the following:
(a) To support the constitutional and political process under way in Haiti,
including through good offices, and foster principles of democratic governance and
institutional development;
(b) To ensure a secure and stable environment within which the
constitutional and political process can take place and assist, as needed, in
maintaining public safety and public order;
(c) To support the electoral processes and ensure credible and democratic
elections, including through supervision or other means;
(d) To assist with the restoration of the rule of law and public security in
Haiti through the provision of back-up support to the Haitian National Police as well
as with its institutional strengthening;
(e) To assist, along with other partners, in the reform and institutional
strengthening of the judiciary and re-establishment of the corrections system;
(f) To assist the transitional Government, particularly the Haitian National
Police, with comprehensive and sustainable disarmament, demobilization and
reintegration programmes for all armed groups, including women and children
associated with such groups, as well as weapons control and public security
measures;
(g) To support the transitional Government in launching a broad-based
sustained national dialogue to develop a comprehensive framework for key policy
issues related to nation-building and durable development, including through
decentralization;
(h) To support the transitional Government in extending State authority
throughout Haiti and support good governance at local levels;
(i) To assist the transitional Government in its efforts to bring about a
process of national reconciliation, as well as foster social cohesion aimed at
bridging divides at all levels;
(j) To facilitate the provision of humanitarian assistance to, and access by,
the Haitian people in need, with a particular focus on the most vulnerable segments
of society, particularly women and children;
(k) To assist the transitional Government with the restoration of basic public
services;
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(l) To support employment-generating activities in the context of a
sustainable development strategy;
(m) To monitor and report on the human rights situation, including the
situation of returned refugees and displaced persons; and strengthen the Haitian
institutional and societal capacity for the monitoring, promotion and protection of
human rights, particularly of women and children, in order to ensure individual
accountability for human rights abuses and redress for victims;
(n) To cooperate and coordinate with the OAS, CARICOM and United
Nations agencies, funds and programmes as well as all relevant stakeholders,
particularly donors, in carrying out these tasks;
(o) To ensure the security and freedom of movement of United Nations and
associated personnel; protect United Nations personnel, facilities, installations and
equipment and humanitarian assets associated with the operation; and, within means
and capabilities and taking into account the responsibilities of the Haitian
authorities, protect civilians facing imminent threat of physical violence; and
(p) To mainstream gender perspectives throughout the Mission’s policies,
programmes and activities, and support the development of a national strategy to
promote gender equality, women’s rights and women’s full and equal participation
in the transition process.
71. It is recommended that the Mission be established for an initial period of 24
months, until after the implementation of the results of the 2005 elections, during
which regular progress reports would be submitted to the Council. Subsequently, it
is recommended that the Mission be authorized for subsequent periods of 12
months, with periodic reviews with respect to the appropriate mix of its different
components and the priority assigned to its multiple areas of activity.
B. Structure and concept of operations
72. The Mission would be multidimensional and would help Haiti address a
complex range of issues in a sustainable manner, achieve peace and stability, build
and strengthen functioning democratic institutions; support the re-establishment of
the rule of law; and promote social and economic development, as well as good
governance. The Mission would conduct these activities in close cooperation and
coordination with the Haitian authorities at the national, regional and local levels, as
well as with civil society actors and the population at large.
Structure
73. To fulfil its mandate, a strong civilian component, including United Nations
civilian police, backed up by a robust United Nations military force, would be
required. In addition to a military component, a support component, a security
division and the Office of the Special Representative of the Secretary-General, I
recommend that the Mission comprise pillars under the overall leadership of the
Special Representative of the Secretary-General consisting of a humanitarian affairs
and development pillar and a civilian affairs pillar.
74. One pillar under a Deputy Special Representative of the Secretary-General for
humanitarian affairs and development, including in his/her capacity as the Resident
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and Humanitarian Coordinator, would be responsible for the coordination of the
activities of the humanitarian and development community, resource mobilization
and disarmament, demobilization and reintegration.
75. Another pillar, under a Deputy Special Representative of the Secretary-
General for civilian affairs, would comprise civilian police, civil affairs, and human
rights, and would be supported by HIV/AIDS and child protection advisers and a
gender unit, which will have direct access to the Special Representative of the
Secretary-General. The Deputy Special Representative of the Secretary-General for
civilian affairs would also act as Chief of Mission in the absence of the Special
Representative of the Secretary-General. Judicial, corrections and electoral elements
would be defined after further assessments and consultations with relevant
stakeholders, including the OAS and CARICOM.
76. Refinement of the Mission’s structure and concept of operations may be
required at a later stage depending on ongoing consultations with the OAS and
CARICOM, the evolving political process and volatile security situation as well as
the ongoing and future programmes by a number of actors, including United Nations
agencies, funds and programmes, other regional organizations, as well as bilateral
and multilateral donors. A mission implementation plan detailing the objectives,
tasks and timelines of the operation would be developed and updated as necessary.
77. The Mission would operate with a clear chain of command under the
leadership of the Special Representative of the Secretary-General, who would also
serve as the Head of Mission and have direct authority to manage all activities of the
operation. The Special Representative of the Secretary-General would liaise with the
Haitian authorities and other stakeholders, particularly interested Member States,
international and regional organizations, international financial institutions and
bilateral and multilateral donors, as well as the diplomatic community. The Special
Representative of the Secretary-General would provide good offices to the Haitian
authorities at all levels, as required. The Special Representative would also have
overall authority over other United Nations activities in Haiti in support of the
Mission’s mandate and would provide leadership, political guidance, and support to
the United Nations system in this regard. The Special Representative would be
assisted by a senior management team consisting of, among others, his/her Deputies,
a Force Commander, a Police Commissioner and a Chief Administrative Officer.
78. The Mission would deploy and operate freely throughout Haiti as well as
establish a presence in various parts of the country. Elements of the operation would
be deployed to 10 regional offices and 7 sectors. Important emphasis will be placed
on integration, cooperation and coordination at all levels within the Mission both at
the headquarters and in the field offices.
Coordination
79. Since the departure of the last United Nations Mission in 2001, United Nations
agencies and programmes as well as the OAS, CARICOM, and other organizations
have remained actively involved in Haiti. On the political level, the OAS played a
leadership role in key areas, such as negotiations on a formula for the designation of
a provisional electoral council and the establishment since 2002 of the OAS Special
Mission in Haiti. In order to ensure coordination and cohesion of the international
effort in Haiti, the Mission would integrate and build upon the substantial
programmes and capacities that United Nations agencies and programmes as well as
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regional organizations have developed over the years, among others in such areas as
justice, the professionalization of the Haitian National Police, human rights, civic
education and good governance.
80. The Mission would seek to institutionalize the cooperation with these actors
and ensure continuity of action in the immediate future as well as in the longer term.
Consultations have been conducted, most recently on 12 and 13 April 2004, with the
OAS and CARICOM on the modalities for cooperation in the context of the United
Nations Mission, including a definition of respective roles and responsibilities.
These consultations may result in changes to the proposed structure of the Mission.
81. In order to ensure that the institutional capacities are pooled for optimal
effectiveness, coordination and liaison mechanisms would form an integral part of
the Office of the Special Representative of the Secretary-General and those of the
Deputy Special Representative. This integrated structure would enhance interaction
with the Haitian authorities as partners, while ensuring unified and coordinated
action by the international community. The Mission would also engage in close
coordination, information exchange and cooperation with the donor and diplomatic
community in order to facilitate the implementation of its mandate and to enhance
the effectiveness of the international community’s response in Haiti. In order to
achieve this aim, a “core group”, comprising the Special Representative of the
Secretary-General, his/her Deputies, representatives of regional and subregional
organizations, international financial institutions and other major stakeholders,
would be established. Of a consultative nature, the Core Group would meet on a
regular basis in order to review the Mission’s policy priorities and their
implementation. A group comprising representatives of the same actors could also
meet in New York or Washington, D.C., as needed.
Office of the Special Represen tative of the Secretary-General
82. The Special Representative of the Secretary-General would be supported, as
part of his/her office, by a political affairs and reporting division; a planning and
best practices unit; a legal affairs office; a public information office; a joint
operations centre; and an office of the resident auditor. The Chief of Staff of the
Special Representative of the Secretary-General would be responsible for procedural
coordination within the operation, channelling communication between the Special
Representative and all components of the operation, and the day-to-day management
of the office of the Special Representative of the Secretary-General.
Political affairs and reporting
83. A political affairs and reporting division would provide political advice and
assessments to the Special Representative of the Secretary-General as well as the
Mission as a whole. The division would monitor, analyse and report on political,
civil, social, economic and other relevant developments throughout the country,
which may have an impact on the implementation of the mandate. It would also
assist the Special Representative of the Secretary-General and other senior
management in their contacts with Haitian authorities, political parties and civil
society organizations; maintain close liaison with relevant stakeholders, including
the diplomatic community and the wider United Nations system; fulfil the Mission’s
reporting requirements; and provide inputs, as appropriate, for the dissemination of
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public information of a political nature. The division would also support the Special
Representative of the Secretary-General in his/her role as chair of the Core Group.
Planning and best practices
84. The planning and best practices unit would support the Special Representative
of the Secretary-General in his/her planning for the Mission, including the
development and updating of the mission implementation plan and would ensure
that lessons learned and good practices are taken into account throughout the
conduct of the Mission.
Legal affairs
85. The legal affairs office would provide advice to the Special Representative of
the Secretary-General with regard to all aspects of the mandate of the United
Nations operation, as well as on issues of constitutional law, especially as they
affect the political transition in Haiti. The office would also provide advice on any
legal issues that might arise concerning the substantive activities of the United
Nations operation, including international law issues, human rights, disarmament,
demobilization and reintegration, police and rule of law. The office would also
support a review of national legislation by the Haitian authorities, if requested, to
bring such legislation into harmony with Haiti’s obligations under international
human rights instruments. Furthermore, the office would provide support to the
administrative units of the Mission, in areas such as privileges and immunities,
procurement matters, the legal arrangements for any government-owned premises
provided to the United Nations operation, any third-party claims against the United
Nations operation, as well as any legal questions involving the interpretation or
application of United Nations regulations and rules.
Joint Operations Centre
86. A Joint Operations Centre, as well as mission analysis elements, as required,
consisting of civilian, military and civilian police personnel, would analyse and
synthesize information from all sources and provide, as one of its core functions,
high-level risk assessments to the Special Representative of the Secretary-General
and advice on appropriate responses thereto. Similar mechanisms may be
established at the local level, as required.
Public information
87. The public information office would have a central role in explaining the
United Nations presence in the country and in helping to build public trust in that
presence. A public information programme would also galvanize public support for
national reconciliation and the constitutional political process, including eventual
elections, as well as for disarmament, demobilization and reintegration, and
contribute to raising awareness among the media about these matters. Effective
public information would require country-wide public outreach and advocacy
programmes. In addition, the mission’s public information office would include
capacity for media relations and media monitoring as well as for radio, video and
print production.
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C. Civilian affairs pillar
88. The civilian affairs pillar, under a Deputy Special Representative of the
Secretary-General, would include civilian police, a civil affairs office and human
rights office. It would also include advisers on HIV/AIDS and child protection as
well as a gender unit.
Police, judicial and corrections
89. In view of the critical situation in the internal security and criminal justice
sectors in Haiti, the Mission would include a strong civilian police, within a concept
that incorporates lessons learned from past and ongoing Missions. A further
assessment of Haiti’s legal, judicial and corrections system is needed to determine
what role the Mission could play in those areas. This assessment will take into
account the past and ongoing work undertaken by the OAS, UNDP and other actors
in these fields. I shall revert to the Council on this matter as soon as the assessment
has been completed.
90. The civilian police would support the transitional Government in restoring the
rule of law and public security, including its efforts to extend State authority
throughout Haiti. The maintenance of law and order and public security would
remain the responsibility of the HNP. However, the Mission would assist and
support the HNP, as necessary, including by accompanying the HNP in their duties
and by providing operational support through inter alia joint patrolling and
management of civil disturbance.
91. The civilian police would also assist with the restoration of the rule of law and
public security through sustainable institutional strengthening and
professionalization of the HNP. The civilian police would assist the HNP Academy
to implement training programmes; mentor and provide on-the-job training at the
main operational levels of HNP; transfer skills and proactively assist multi-tier
management functions within HNP; develop and implement an effective, transparent
and accountable HNP oversight mechanism; develop and implement vetting and
certification programmes in accordance with international standards; and support
the implementation of a community-based policing programme throughout the
country. The civilian police would also assist in developing and enhancing in a
sustainable fashion the overall law enforcement capacity of the HNP, including civil
disturbance management, land and marine border policing, judiciary, information
gathering, immigration, customs, port authority and related sectors of internal
security, and in determining related infrastructure and logistical requirements, as
needed. Furthermore, the civilian police will provide advice and training, in
conjunction with the United Nations Office on Drugs and Crime to the HNP in its
drug-enforcement activities. The civilian police would also support other
components of the Mission in selected disarmament, demobilization and
reintegration activities. Finally, the civilian police component would seek to build
the public’s confidence in the criminal justice sector by observing the HNP and
advising and reporting on its activities regarding compliance with professional
standards and human rights. That would require the civilian police to co-locate and
liaise closely with Haitian authorities and have free access to relevant facilities,
including police and detention premises, as well as police records and investigation
files.
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92. To accomplish these tasks, the civilian police would be comprised of a total of
1,622 civilian police. That would include 872 advisers on management, training,
mentoring and professional standards (inspection-general) co-located with HNP 24
hours a day, 7 days a week, as needed, as well as six formed units of up to 125
officers each, operating under civilian police rules of engagement, to provide
operational back-up support in complex activities and areas where HNP has limited
capacity.
93. Given the volatile security situation and currently weak capacity of the HNP,
and taking into account the time needed to strengthen the HNP, the civilian police
formed units would support the HNP in law and order functions; assist, as needed, to
address civil disturbance problems; help to ensure the security and freedom of
movement of United Nations and associated personnel; and, within means and
capabilities, protect civilian lives under imminent threat. Three formed police units
would be deployed in Port-au-Prince and one each in Gonaives, Cap Haitien and Les
Cayes. As the HNP increases its capacity and gradually narrows the security gap, the
number, mandate and areas of operation of the civilian police would be reviewed.
Civil affairs
94. A civil affairs office would be required to help create the necessary conditions
for a functioning democracy as well as for the establishment and strengthening of
legitimate local authority throughout the country. There would be an emphasis on
interaction at the grass-roots level focusing on sustained capacity-building,
democratic development, dialogue and reconciliation, and good governance. In
addition, the office would assist with a further needs assessment in consultation with
the Haitian authorities and other international partners, particularly the OAS, in
defining the role the Mission could play in the electoral process. I shall therefore
revert to the Council on this matter in due time.
95. To accomplish these tasks, the civil affairs office would inter alia support
initiatives aimed at fostering a national dialogue, including at the local level;
identify, in close consultation with the local authorities, quick impact projects and
coordinate their implementation by implementing partners; assist with developing
and strengthening the capacity of civil society organizations; and liaise with the
regional and municipal councils, and civil society actors, including women’s
organizations. The civil affairs office would conduct these activities by reaching out
to the population in the 173 communes of the country and participating in town
meetings — a forum in which the local population discuss issues of common
concern with the authorities and others. The office would also provide assistance to
the civilian police and other rule of law, disarmament, demobilization and
reintegration and human rights experts, and develop cooperation with the field
presences of United Nations agencies, funds and programmes in this regard. The
office would also assist the military and other components of the Mission with
liaison at the communal level. The civil affairs office would include gender officers
in its field offices who would work closely with the Haitian authorities, the United
Nations system and civil society actors, including women’s groups, to ensure
coherence between mission policies and local and national gender priorities. In
undertaking these activities, the civil affairs office would work jointly and in close
collaboration with the humanitarian affairs and development pillar, especially with
regard to ongoing initiatives relating to dialogue and reconciliation, rule of law and
quick impact projects.
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Human rights
96. Given the current and past serious human rights situation and in order to
comprehensively address this situation in an integrated manner, a human rights
office would be established, which would have a promotion, monitoring and
protection mandate. In order to fulfil its mandate, it would inter alia monitor and
report on the human rights situation; strengthen the Haitian capacity for the
monitoring, promotion and protection of human rights, including the situation of
returned refugees and displaced persons; and assist the Haitian authorities to ensure
individual accountability for human rights abuses and redress for victims. The office
would achieve this through inter alia support to the Haitian authorities in developing
a national human rights strategy and plan of action; support for human rights
training and education programmes; and support to national institutions responsible
for the protection and promotion of human rights.
97. The Office of the High Commissioner for Human Rights (OHCHR) would
provide substantive and methodological support in all phases of the Mission and
assist in the selection of the human rights officers to be deployed in the country. The
expansion of the OHCHR presence within the framework of the Mission would be
explored with a view to ensuring an ongoing human rights presence in Haiti in the
years to come. The human rights office would work closely with all components of
the Mission, particularly the military, the civilian police, the gender unit and the
disarmament, demobilization and reintegration unit in order to ensure that human
rights and protection policies are integrated into the overall political strategy and
programmes of the Mission.
Gender
98. In line with Security Council resolution 1325 (2000) on women, peace and
security, a gender unit would be created within the civil affairs office to facilitate,
support and provide technical guidance to all staff in the Mission to ensure gender
mainstreaming. The gender unit would support the humanitarian affairs and
development pillar in ensuring appropriate development assistance for women,
especially with regard to long-term strategies in this area, and in this regard work
closely with United Nations agencies, funds and programmes in supporting the
Haitian authorities and civil society actors, including women’s groups, in
developing a national agenda to address gender inequalities at all levels as well as
violence against women.
HIV/AIDS
99. In line with Security Council resolution 1308 (2000), the Mission would
include an HIV/AIDS adviser to assist with the mainstreaming of HIV/AIDS
programming throughout all components, policies and programmes of the Mission,
including by developing, implementing and monitoring an HIV/AIDS training,
awareness and prevention strategy for the Mission to reduce the risk of HIV
transmission. The HIV/AIDS adviser would also support United Nations agencies,
funds and programmes as well as NGOs in assisting the Haitian authorities and civil
society in developing their national AIDS strategy.
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Child Protection
100. In view of the importance of child protection issues, the Mission would
include a child protection adviser to ensure that the rights, protection and well-being
of children remain a priority throughout the Mission. The child protection adviser,
in close cooperation with UNICEF, would advise, monitor and report on child
protection issues and raise awareness among all Mission personnel.
D. Humanitarian affair s and development pillar
101. The humanitarian affairs and development pillar would be headed by a Deputy
Special Representative of the Secretary-General, who would be responsible,
including in his/her capacity as the Resident and Humanitarian Coordinator, for
humanitarian coordination; development; donor coordination and resource
mobilization; and disarmament, demobilization and reintegration.
102. The Deputy Special Representative of the Secretary-General for humanitarian
affairs and development, in his/her capacity as humanitarian coordinator, would be
assisted by a coordination office to ensure the necessary coordination with national
institutions and between United Nations agencies, funds and programmes, donors,
NGOs and other components of the Mission. The objective would be to ensure the
complementarity of emergency humanitarian assistance and rehabilitation
components. The assistance programme would be decentralized through the
establishment of five field coordination units in the most affected regions. A United
Nations Joint Logistics Centre would be established to provide support to the
humanitarian coordinator for the practical implementation of assistance activities on
the ground. The Deputy Special Representative of the Secretary-General would be
assisted in ensuring appropriate liaison with the military in relation to security and
the delivery of humanitarian assistance and for ensuring that protection activities are
mainstreamed throughout the humanitarian response. Finally, keeping in mind the
specific vulnerability of Haiti to natural phenomena, disaster response and reduction
functions would be linked to this coordination office to ensure the development of
national mitigation capacities and an integrated response.
103. The Deputy Special Representative of the Secretary-General for humanitarian
affairs and development, in his/her capacity as Resident Coordinator, would ensure
that the efforts of United Nations agencies are, in the first instance, fully
coordinated with the activities of the Mission throughout the period of its mandate,
particularly by mobilizing, in the initial phases, efforts to restore basic services and
promote employment opportunities. The development component would assist the
Haitian authorities in formulating a national development strategy, based on
systematic dialogue and consensus among relevant stakeholders at the national and
local levels, which could serve as a framework for bilateral and multilateral
development cooperation efforts. The proposed strategy could also include steps
towards building democratic institutions and good governance, including
institutions for the rule of law, which are essential for ensuring sustainable peace
and development in the longer term. In particular, the proposed strategy will identify
means for continuing in the longer term the assistance provided through the Mission
in areas such as the rule of law, economic recovery, HIV/AIDS, and gender issues.
The humanitarian affairs and development pillar would also ensure the participation
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of local authorities and population in defining their development priorities and
related assistance.
Disarmament, demobilization and reintegration
104. In order to provide assistance for the planning and implementation of a
national disarmament, demobilization and reintegration strategy, the Mission would
include a disarmament, demobilization and reintegration unit, which would work
closely with all components of the Mission, particularly the military, civilian police
and human rights, as well as United Nations agencies, funds and programmes. The
Mission would integrate and build upon ongoing disarmament, demobilization and
reintegration technical expertise and in-country resources. In order to accomplish its
tasks, the disarmament, demobilization and reintegration unit would participate in
the development and implementation of the initial plans to disarm armed groups and
in the formulation of a comprehensive disarmament, demobilization and
reintegration strategy, including reintegration efforts and arms control.
E. Military component
105. In the light of the continuing volatile security situation, including the
proliferation of arms in Haiti, the Mission would operate under robust rules of
engagement with sufficient capacity to be able to deal with threats to the
implementation of its mandate. The military component would assist in the
maintenance of a secure and stable environment throughout the country. It would
provide security in all key towns and surroundings; secure key sites and
installations; provide security along major roads; deter armed groups from engaging
in violence; protect access to humanitarian infrastructure; undertake disarmament
tasks in conjunction with the HNP and the international civilian police; assist HNP
and international police in the event of riots and organized violence, as needed;
monitor major crossing points along the border; and provide protection for national
and key United Nations and humanitarian assets in the country. The military
component would also ensure the security and freedom of movement of United
Nations and associated personnel and protect, to the fullest extent possible, civilians
facing imminent threat of physical violence. The military component would need to
monitor and verify the security and law and order environment and aim at pre-
empting, preventing and deterring the escalation of imminent security threats.
106. In order to accomplish these tasks, the military component would consist of up
to 6,700 troops, all ranks, and would be deployed throughout the country. On full
deployment, there would be one infantry brigade comprising two infantry battalions
in Port-au-Prince to maintain security in the capital of nearly 2 million people and
along the major artery to the border; one battalion each in Cap Haitien and Hinche
to cover regional population centres and monitor major crossing points along the
border; one battalion in Gonaives to provide security to the third largest city and
along the major roads to the capital; one battalion in Port-de-Paix to provide
security to the remote north-west region; one battalion in Les Cayes and a small
battalion of approximately 450 in Jacmel to secure the extensive south-west regions.
An independent force reserve of an airmobile rapid reaction infantry company to
respond to threats to security throughout the country would also be located in Port-
au-Prince.
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107. The deployment of troops would be undertaken in a sequential manner in
brigade-or battalion-size elements in seven sectors around the country. First, the
United Nations Force headquarters and its support units would be deployed to Port-
au-Prince in the second half of May to commence their coordination and
preparations for transition with the MIF, as well as to supervise the deployment and
onward movement of the United Nations Force. The transfer of authority from the
MIF headquarters to the United Nations Force headquarters would be accomplished
by 1 June 2004. Once the transfer of authority between headquarters has taken
place, it is anticipated that the MIF units would conduct a phased departure as part
of a proper, structured relief by the deploying United Nations troops, which is
essential to avoid any security gap. The United Nations Force headquarters and MIF
would establish and maintain liaison and coordination processes until the MIF
troops have departed the Mission area. The phased relief of MIF forces in Port-au-
Prince and other locations must be carefully coordinated and planned jointly
between the MIF and United Nations Force headquarters; this will be followed by
the deployment of additional troops to implement the broader range of tasks to be
implemented by the United Nations Force. It is expected that the military
component would be required until free and fair elections are held and for an
appropriate period of time thereafter.
F. Support
108. The support component of the proposed Mission would be headed by a Chief
Administrative Officer, reporting directly to the Special Representative of the
Secretary-General. The support component would be responsible for the creation
and maintenance of the essential physical and administrative infrastructure to enable
the implementation of the mandate. The component would be based on the concept
of integrated administrative and support services for the logistical, material and
administrative requirements of the Mission for optimal effectiveness and efficiency.
It would include a language unit to provide language assistance to all components of
the Mission and provide language training in French and Creole to Mission staff, as
necessary. The Mission would establish an integrated mission training centre which
would provide an induction course for all personnel, including civilian, military and
police, particularly in such areas as culture and history, as well as appropriate
training throughout the life of the Mission. The Mission would share common
premises and common services (in particular in the areas of communications and
information technology, and transportation) with United Nations agencies, funds and
programmes in Haiti, wherever possible in order to enhance coordination and
increase cost-effectiveness.
G. Security
109. Security for the United Nations Mission must take into account the larger
national security environment. Threats exist in Haiti that could potentially disrupt
political, humanitarian, economic, human rights and rule of law processes and may
also reduce the credibility and capability of the Mission, threatening the security of
its personnel and assets.
110. The Special Representative of the Secretary-General as head of Mission, is
exclusively responsible and accountable to the Secretary-General through the
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Under-Secretary-General for Peacekeeping Operations for the security of
peacekeeping personnel and assets. The Special Representative of the Secretary-
General would also be appointed as the United Nations Designated Official and, in
this capacity, would be responsible and accountable to the Secretary-General
through the United Nations Security Coordinator for the safety and security of non-
peacekeeping United Nations personnel within Haiti. The Mission would work
closely with the United Nations humanitarian and development agencies in this
regard.
111. In addition to the security activities and operations of the military and civilian
police, the Special Representative of the Secretary-General would be supported in
carrying out security responsibilities by a number of security-related staff elements
including a Joint Operations Centre. Specific measures would be put in place to
deter, deny, detect and mitigate risks, in particular of violence, to mission personnel
and assets. The Mission would be supported by a sufficient number of international
and local security staff at headquarters and in all sectors and regional offices, as
may be required, and would coordinate security management operations with the
United Nations humanitarian and development agencies.
H. Financial implications
112. The pre-mandate financial implications of the proposed mission will be issued
shortly as an addendum to the present report.
XI. Observations and recommendations
113. It is unfortunate that, in its bicentennial year, Haiti had to call again on the
international community to help it overcome a serious political and security
situation. Eleven years ago the United Nations deployed a mission, together with the
OAS, to Haiti — and later the United Nations also deployed on its own — to assist
local authorities in developing democratic and effective institutions and socio-
economic capacity. In 2001, the previous United Nations mission ended. In
hindsight, our involvement was too brief and fraught with both international and
domestic hindrances. Now, the international community is presented with another
opportunity to support Haiti and its people in the transition to a peaceful, democratic
and locally owned future.
114. Yet, our task will not be easy. The situation looks more daunting today than it
did a decade ago. At the same time, positive change can occur in a fully transparent
and participatory way, based upon consensus and compromise. I welcome the recent
political pact that has brought together many Haitian leaders from different parts of
society in order to chart the way forward during the transitional period. However,
this pact did not include all major political movements, as it could have. All
Haitians should have, and seize, the opportunity to participate meaningfully in a
comprehensive national dialogue on key policy issues confronting the country and
to have their views heard through non-violent means. Ultimately, the success or
failure of Haiti will primarily be their responsibility.
115. A cornerstone of progress will be a process of nationwide reconciliation,
embracing all segments of society accompanied by a genuine effort to put an end to
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the prevailing climate of impunity and enforce individual accountability. The
vicious cycle of victimization of, or vendetta against, those in opposition by those in
power should also be broken in a further effort to unite a deeply divided society. I
call upon all people and leaders in Haiti to stop the cycle of violence and impunity.
All perpetrators of past and present serious human rights violations must be brought
to justice.
116. With the gradual improvement of the security situation following the
deployment of the MIF, Haiti seems to have overcome the worst phase of the crisis
it recently endured. I would like to commend the MIF for its efforts to stabilize a
precarious security situation and to contain an ever-present potential for instability. I
would, however, also like to call upon the MIF to take, in the remaining period of its
mandate, all possible measures that would further contribute to the removal of
security threats, in particular with regard to disarmament.
117. Haiti is still facing an immediate emergency humanitarian situation. The
international response to the United Nations Flash Appeal, launched on 9 March
2004, has been slower than anticipated. I call on donors to contribute more
generously in order to secure the US$ 35 million required to meet pressing
humanitarian needs and establish the basis for recovery over the course of the next
six months. Additional funds will be required in the future and I call upon Member
States to support our efforts. I am also hopeful that Haiti, as a post-conflict country,
could benefit from the attention of the international financial institutions with regard
to the urgent needs of its population. I also urge donors to provide OAS and
CARICOM with the means required to enable them to plan and finance projects and
activities that will enable them to participate meaningfully and fully, both in the
forthcoming common endeavour and over the longer term.
118. In order to ensure the sustainable development of Haiti, a long-term
commitment, politically and financially, is necessary. I am therefore encouraged by
the Security Council’s call upon the international community to work with the
people of Haiti in a long-term and sustained effort to promote reform and
development. In order to move forward, it is essential that we do so in
partnership — first and foremost with the Haitian authorities and people, and also
with other important partners in the region, such as the OAS and CARICOM, as
well as other international actors, including the wider United Nations family. The
nature of the challenge in Haiti is such that no organization or agency can go it
alone. I welcome, in particular, the readiness of CARICOM member States, as stated
on 3 March, to participate in the United Nations force as well as in efforts to provide
humanitarian assistance, the rebuilding of the economy and civil society and the
reconstitution of the democratic structures, processes and institutions. I also
welcome the stated readiness of the OAS to work with us in an integrated manner.
In order to achieve our common goal, we should collectively draw lessons from past
involvements in Haiti and recognize that we must break the start-stop cycle, which
characterized earlier assistance programmes in Haiti.
119. However, we can only be truly successful if the Haitians are successful.
Watchful support by the international community will be necessary to ascertain that
State-building efforts in Haiti are and remain on track. I appeal to the Haitian
authorities to respond to the offer of assistance by the international community with
a commitment to accountability, including to its citizenry. Lessons learned from past
experience show also that the international community should not shy away either
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from putting in place mechanisms that will help monitor and evaluate the
effectiveness of its own efforts in partnership with the Haitian authorities.
120. Finally, in accordance with the request of the Security Council, I recommend
the establishment of a multidimensional stabilization operation with a mandate, size
and structure as contained in paragraphs 68 to 111 of the present report. In order to
implement the proposed mandate, the Mission would consist of up to 6,700 troops,
1,622 civilian police, including those in formed police units, as well as the required
number of international and local civilian staff. I appeal to Member States to uphold
their declared readiness to establish a United Nations follow-on mission with a
commitment to provide the necessary financial and human resources, including the
military and civilian police. I welcome the participation of the regional
organizations, in particular the OAS and CARICOM, and United Nations agencies,
funds and programmes within the Mission in order to enhance our collective efforts
in Haiti. As the report illustrates, Haiti’s challenges are manifold. If the international
community is to be engaged effectively in Haiti, the response must be
multidimensional. This endeavour will need the sustained attention of all its
partners, and especially the Haitian authorities and the Haitian people, if it is to be
successful.