S/2019/387: Letter from the Secretary-General on the operational details of a proposed special political mission in Haiti

S/2019/387 United Nations Security Council Distr.: General 14 May 2019 Original: English Letter dated 13 May 2019 from the Secretary-General addressed to the President of the Security Council In its resolution 2466 (2019), the Security Council requested me to report to it on the operational details of a proposed special political mission in Haiti, including its specific objectives and information regarding its proposed deployment, staffing and structure. These details have been developed as a result of comprehensive, continued system-wide consultations and joint reflections with the Haitian authorities. As identified in the strategic assessment conducted from September 2018 to February 2019 and reflected in my report of 1 March ( S/2019/198), the security and governance issues with which Haiti continues to grapple require political solutions, as well as long-term development gains. I believe that a focused special political mission integrated into the United Nations country team, which would assume the programmatic and technical assistance role of the United Nations Mission for Justice Support in Haiti (MINUJUSTH) in rule of law sectors as part of its development strategy, would best support Haitian-led efforts to address unresolved drivers of instability and inequality. Following extensive consultations with the Haitian authorities and other stakeholders, I therefore recommend that the Security Council establish a special political mission with an advisory mandate, led by a special representative at the Assistant Secretary-General level, who would report to the Secretary-General through the Under-Secretary-General for Political and Peacebuilding Affairs. The special political mission would be a further step in the transition towards a context in which Haitian institutions would be fully in a position to promote stability and achieve the Sustainable Development Goals, by addressing peacebuilding priorities in the transition period with the support of the United Nations country team. Achieving this vision would require a reinvigorated and integrated approach built upon the commitment of Haitian institutions and the international community. The reconfigured United Nations presence in the country would represent a step change in the support of the United Nations for Haiti and would emphasize the integrated approach of the reforms under way in the Organization. The ne w special political mission and the United Nations country team would be integrated through multidisciplinary teams and according to cross-cutting priorities. Under the leadership of my Special Representative, the two entities would work hand in hand structurally and substantively, with the country team coordinated by a deputy special representative serving also as resident coordinator and humanitarian coordinator. Capacities from the special political mission and the agencies, funds and 19-07853 (E) 160519 *1907853* S/2019/387 programmes of the United Nations would address shared priorities, as defined in the United Nations Development Assistance Framework, within the broader framework of the Haitian vision for the country’s future, based on the 2030 Agenda for Sustainable Development. The Office of the United Nations High Commissioner for Human Rights would continue to provide support for the United Nations joint efforts in Haiti in order to promote the human rights agenda of the national authorities, including by providing additional resources, with a view to establishing a stand-alone human rights office upon the eventual departure of the special political mission. In order to be able to undertake such a role successfully, the special political mission would focus on advising national institutions in the areas of work identified in the above-mentioned report and would have three strategic objectives: the strengthening of political stability and good governance; the preservation and further advancement of a peaceful and stable environment; and the protection and promotion of human rights. Within those objectives, more specific objectives would be prioritized to the extent that they would be commensurate with the reduced capacities of the new mission. In this regard, and drawing on the benchmark s that the Security Council approved to follow up on the implementation of the mandate of MINUJUSTH, a new set of benchmarks and indicators, adapted to the new mission ’s objectives and functions, would be developed in consultation with the Government of Haiti. A greater focus would be put on good governance objectives, reflecting the advisory role of the special political mission. Strengthening of political stability and good governance The main focus of the special political mission would be to offer good offices. My Special Representative would intercede with relevant stakeholders to find areas of common ground that could facilitate the emergence of a political environment conducive to effective reform and longer-term stability. Such a political scenario would, in turn, help to improve the country’s economic environment and to advance the implementation of the 2030 Agenda. In this regard, the first specific objective of the mission would be to advance efforts towards inter-Haitian dialogue in order to facilitate the emergence of a national consensus on the country’s priorities. The second specific objective would be to support electoral reform efforts and the establishment of a permanent electoral council. The United Nations electoral task force, set up within the office of my Special Representative for Haiti and Head of Mission in the lead-up to the next legislative elections, would continue under the new United Nations configuration to help to bring coherence to the electoral assistance efforts of the international community. Technical assistance and operational support for elections would be provided through an integrated project led by the United Nations Development Programme, under a One United Nations approach, until 31 December 2020. A third objective would be to support the Government’s efforts towards constitutional reform aimed at, inter alia, clarifying and simplifying the framework for institutional functioning and the align ment of its terms. Reinforced advisory expertise would be provided by the mission in appropriate areas to help to advance the political and structural reform priorities and allow for clearer responsibility and accountability in decision-making and policy implementation. As United Nations support for enhancing the functionality and independence of the justice sector makes the transition from a peace and security focus to a sustainable development one, continuing challenges would be addressed through techni cal and programmatic support provided by the United Nations country team with initial 2/5 19-07853 S/2019/387 funding from the Peacebuilding Fund. At the same time, the special political mission, within the context of its governance reform advisory functions, would employ my Special Representative’s good offices role to support the United Nations country team’s efforts towards promoting much-needed judicial reform. Strategic advisory and advocacy efforts would be provided to support the development of a specific, nationally owned road map that: (a) allows for the adoption of key legislation; (b) advances national efforts towards judicial independence and oversight; (c) encourages public service accountability; (d) leads to sustainable budgetary allocations in the sector; and (e) promotes judicial strategies to address prolonged pretrial detention. Preservation and advancement of a peaceful and stable environment Until the drivers of instability in Haiti are tackled more thoroughly through political reform, good governance reform and sustainable development, the risks of recurring civil disorder and violence remain, and the current resurgence of armed gangs will persist. The mission would therefore need to provide tailored, strategic advisory support for the continued development of the Haitian National Police, within the framework of the strategic development plan of the Haitian National Police for 2017–2021, on gang violence reduction and the protection of affected communities. With the increased role and responsibilities of the national police in maintaining law and order throughout the country, following the withdrawal of MINUJUSTH, addressing outstanding concerns regarding its independence, capacities, human rights compliance and sustainability remains critical. In continuing to provide a coordination lead for external assistance plans by bilateral actors, the mission, with regard to the development of the national police, would have as its specific objectives to advise its leadership on how to: (a) strengthen its capacities for strategic planning; (b) strengthen its ability to respond to gang violence and public disorder and manage security threats throughout Haiti; (c) strengthen its internal oversight and accountability mechanisms in order to address misconduct and ensure increased effectiveness and compliance with human rights standards; (d) strengthen the capabilities of the Superior Council of the Haitian National Police to enhance the legal framework of the national police; and (e) develop and implement an effective communication strategy to increase public confidence in the protection and enforcement role of the national police. The mission ’s advisory role would be fulfilled in alignment with, and with the support of, the United Nations country team’s technical assistance. In the light of recent security developments, the reduction of armed gang violence has become one of the key priorities of the Government of Haiti. The first specific objective of the mission in this area would be to advise the Government, through a multisectoral approach, on the development of a national strategy to address violence and build stronger links with affected communities. Such a strategy should consist of five elements: (a) assistance through community violence reduction programmes; (b) the strengthening of community policing initiatives; (c) the development of national police analytical and operational capacity to address the threat posed by armed gangs; (d) the facilitation of local peace agreements; and (e) the establishment of a weapons and ammunition management programme to strengthen the linkage between security, peace and development. The special political mission would also provide good offices and advisory support to the recently re -established National Commission on Disarmament, Demobilization and Reintegration to ensure the articulation and implementation of such a strategy and related legislative reform, as well as to facilitate coordination with other relevant institutions, such as line ministries and the national police. Strong engagement on the part of the United Nations country team and its bilateral partners would be required to ensure their 19-07853 3/5 S/2019/387 support for a scaled-up community violence reduction programme and other socioeconomic programmes. The last specific objective under this strategic objective would be to promote the effective functioning of the Directorate of Prison Administration and to address the structural and policy shortcomings that plague the Haitian corrections system. In this regard, the special political mission would provide support for the national police and the Directorate at the strategic level, to promote the Directorate ’s autonomy. Protection and promotion of human rights Acknowledging that the work conducted in the political and rule of law areas would also contribute to strengthening the human rights environment, the special political mission would continue to promote the overall objectives relating to the strengthening of national frameworks and institutions for the protection and promotion of human rights, with a particular focus on the protection of women and gender equality. To this end, human rights monitoring and reporting activities would inform the mission’s advisory functions. Such objectives would be further implemented by leveraging the good offices of my Special Representative to support: (a) an inter-ministerial committee on human rights in preparing and implementing a national action plan on human rights, taking into account the recommendations of United Nations human rights mechanisms; (b) the national police’s efforts to reduce human rights violations, including arbitrary arrest and detention, and to increase accountability; and (c) the strengthening of the capacities and independence of the national human rights institution and civil society organizations. Coordination mechanisms The coordination mechanisms of the special political mission would be geared towards scaling up the programmatic efforts of the United Nations country team technical assistance programmes in the areas of justice, police and corrections, human rights and elections. This would ensure full consistency and effective coordination in the implementation of the activities of United Nations operations in Haiti. Strong cooperation and coordination with bilateral partners, regional organizations and international financial institutions, which continue to provide considerable programmatic support and resources to the development of security and the rule of law in Haiti, would enhance coherence in international engagement, in addition to ensuring the adequate allocation of resources to gender equality and the empowerment of women. In addition, it is crucial to a smooth transition that the wider international community remain engaged and try to bolster its development assistance to Haiti. In line with the Policy on Human Rights in United Nations Peace Operations and Political Missions, 2011, human rights would be mainstreamed into all mission mandate areas, including police advisory functions and advice to justice and corrections institutions. Gender mainstreaming would be a cross-cutting issue throughout the special political mission to ensure the full and effective participation, involvement and representation of women at all levels. This would be reflected in the deployment of gender experts, to strengthen capacity in executing the mandate in a gender responsive manner and through the exercise of good offices functions to help the Government of Haiti to operationalize its gender commitments. To ensure that gender-specific triggers of community insecurity, such as targeted attacks and reprisals against women and the political marginalization and electoral 4/5 19-07853 S/2019/387 exclusion of women, do not result in a relapse into conflict, the women and peace and security mandate would remain a strategic operational priority of the mission. Structure and footprint My Special Representative would serve as the Head of Mission, overseeing the following areas: a political and good governance unit, comprising advisory capacity on good governance, justice, elections, constitutional reform and public service accountability; an advisory unit on gang violence, community violence reduction and weapons and munitions management; a police and corrections advisory unit, composed of the police and corrections advisers and headed by a police commissioner; a human rights unit; a security unit; and a mission support unit. The mission’s public information, gender advisory, coordination and legal capacit y, including the victims’ rights advocate, would be based in the office of my Special Representative. My Deputy Special Representative/Resident Coordinator/ Humanitarian Coordinator would be engaged in the work of the United Nations country team and would report to my Special Representative. The mission would consist of an appropriate civilian component and adequate backstopping capacity based at Headquarters, in New York. It is also proposed that the Security Council authorize the deployment of up to 30 civilian and seconded personnel to serve as police and corrections advisers. This would represent a substantial reduction in the current ceiling of 333 police and corrections advisers at MINUJUSTH. The mission would have a light footprint and a reduced e nvironmental impact. It would establish its presence in Port-au-Prince. Collocation with the United Nations country team or government institutions would be promoted to the extent possible to maximize cost efficiencies and security arrangements and enhance coordination. Support for the mission would leverage existing arrangements for the premises, equipment, vehicles and services of the United Nations country team and MINUJUSTH to the extent feasible or from newly established commercial contracts. During the set-up of the new mission, all efforts would be made to achieve an equal representation of women and men, in line with my gender parity strategy. It is important to recognize the achievements of Haiti in recent years, for which I commend the Government and the people of the country. Yet challenges remain on the political front that might hamper the path of Haiti towards full stability and its development into a prosperous democracy with a strong system of checks and balances and a trustworthy public administration. Violent demonstrations in recent months brought into focus the urgent need for committed and inclusive dialogue and governance reform to underpin long-term stability. The proposed special political mission would work to support the Government and the country’s institutions in finding sustainable solutions to persisting governance challenges. Haiti can achieve this goal if its political and social stakeholders fulfil their responsibility to lead the effort and if the international community com mits itself to supporting the implementation of much-needed political and governance reforms. In this new stage, the United Nations will continue to accompany the country on its path to stability and sustainable development for the benefit of all Haitians. I would be grateful if you could bring the present letter to the attention of the members of the Security Council. (Signed) António Guterres 19-07853 5/5