(2009-09) MINUSTAH - Rapport du Secrétaire général sur la Mission des Nations Unies pour la stabilisation en Haïti (S/2009/439)

S/2009/439 United Nations Security Council Distr.: General 1 September 2009 Original: English Report of the Secretary-General on the United Nations Stabilization Mission in Haiti I. Introduction 1. By its resolution 1840 (2008), the Security Council extended the mandate of the United Nations Stabilization Mission in Haiti (MINUSTAH) until 15 October 2009, and requested me to report on its implementation semi-annually and not later than 45 days prior to its expiration. The present report covers major developments since my report of 6 March 2009 (S/2009/129) and the progress made in the implementation of the mandate of the Mission as set out in Security Council resolutions 1542 (2004), 1608 (2005), 1702 (2006), 1743 (2007), 1780 (2007) and 1840 (2008). II. Political developments 2. During the reporting period, increased political cooperation permitted progress in a number of areas, including the holding of senatorial elections, the adoption of key legislation and the pursuit of an inclusive dialogue on a number of major issues facing the country, based on the work of a number of presidential commissions. This collaboration remained fragile, however, and subject to reversal, with a potential for renewed tensions and conflict among and within the governing institutions of Haiti, and a continued readiness on the part of influential forces within the country to inflame public tensions to further their own interests. 3. The first round of elections to fill 12 vacancies in the Senate was held on 19 April. While conditions were generally peaceful, a series of violent incidents led to the cancellation of the vote in the Centre Department and to the closure of voting centres in the Artibonite Department. The second round of elections in the nine departments other than the Centre Department was held on 21 June, without significant disruptions. The rerun of the first round of elections for a Senate seat in the Centre Department is expected to be held once the authorities take action on the basis of the investigation conducted by the Provisional Electoral Council. 4. The election results were officially published on 24 July. The representatives of Lespwa, which served as the electoral platform of President René Préval in 2006, were successful in 6 out of 11 races, while a single seat was won by representatives of the Fusion, KONBA, LAAA and OPL parties respectively and a further seat was won by a candidate who ran as an independent. The seating of these 11 Senators 09-49451 (E) 020909 *0949451* S/2009/439 could pave the way for a more effective legislature, whose functioning has been hampered by difficulties in convening a quorum. In order for the successful candidates to assume their functions, however, the Constitution requires that they be validated by their peers. A number of sitting Senators have threatened not to validate the elected candidates until allegations of electoral tampering have been clarified, while others have threatened to block the validation process on the grounds that the legitimacy of the elections was undermined by the exclusion of the Fanmi Lavalas party (see S/2009/129, para. 13). 5. To date, limited progress has been made towards the implementation of the joint legislative agenda agreed upon by representatives of the Government and Parliament in December 2008. Of the 31 laws and 10 conventions on the agenda, nine laws have been adopted and nine conventions ratified by Parliament. Significant achievements over the reporting period include the adoption, on 2 June, of the 2008-2009 budget law, although this occurred eight months into the fiscal year, and only after prolonged, and at times acrimonious, exchanges between the Government and Parliament. The Government presented the 2009-2010 draft budget law to the Parliament at the end of June, in accordance with the timeline foreseen by the Constitution. The adoption of the law on public procurement by Parliament on 10 June fulfilled a critical requirement for forgiveness of a significant part of Haiti’s external debt. Parliament also adopted on 11 May an amendment to the electoral law providing for an extension of the mandate allowing the collectivités territoriales to complete their constitutional term of four years by November 2010. Other pending items on the legislative agenda include regulations regarding the functioning and financing of political parties, and a draft Customs code, both of which have been adopted by the Chamber of Deputies. 6. The development of legislation regarding the minimum wage, which also featured on the legislative agenda, generated considerable political debate during the reporting period. In the absence of specific proposals from the Government, Parliamentarians developed legislation that would raise the minimum daily wage to G200 (approximately $5), almost three times the current level (G70). This proposal was criticized by industrialists and various experts on the grounds that such an abrupt increase could significantly undermine Haiti’s competitiveness, at a time when the country is seeking to attract investors. Exercising his Constitutional prerogative, President Préval conveyed these objections in a letter to Parliament, in which he also suggested specific amendments. On 18 August, following several weeks of intense public debate and demonstrations in Port-au-Prince by students and workers, the Chamber of Deputies voted in favour of an increase of the minimum wage to G125 per day, as suggested by the President. 7. Meanwhile, one of the four Commissions established earlier in 2009 by President Préval to consider issues of national importance (see S/2009/129, para. 9), the Commission on Constitutional Reform, published its report on 10 July. The Commission proposes reforms in a number of areas, including provisions concerning the electoral cycle, dual citizenship, the security architecture and local authorities. The other three commissions — on justice reform, competitiveness and information technology — were expected to submit their reports before the end of 2009 or at the beginning of 2010. The Commission on Public Security, which was established in 2008, issued its findings on 6 August, as discussed in greater detail below (see para. 37). 2 09-49451 S/2009/439 8. The Haitian leadership has continued to work closely with the international community to develop a response to the country’s security and development needs. On 14 April, I attended a major conference hosted by the Inter-American Development Bank in Washington, D.C., co-chaired by the Prime Minister, Michèle Duvivier Pierre-Louis. The Conference brought together high-level representatives of Haiti’s bilateral partners and resulted in pledges of $350 million in new assistance for the country over a two-year period, including $40 million in direct budgetary support. At the conference, the Government of Haiti presented its twoyear Plan for Reconstruction and Economic Recovery, with a total budget amounting to $1.4 billion, which focused on job creation and economic growth, together with the challenges associated with the provision of electricity, private sector development, disaster risk management, agriculture and social services. 9. The potential for tensions along the border with the Dominican Republic was highlighted by popular expressions of anger following two widely publicized murders in the Dominican capital, which claimed the lives, respectively, of a Dominican citizen and a Haitian immigrant. The leaders of the two countries worked together to promote calm, and stressed in public statements that the attacks reflected specific criminal acts between individuals. Nonetheless, the public response to the incident, as well as to disputes concerning licensing arrangements for transport companies operating between the two countries, served to highlight the continued sensitivity of cross-border issues. In this context, it is encouraging that the Haitian authorities have declared their intention to make rapid progress towards the establishment of the Haiti-Dominican Republic Joint Commission, which could help to address such misunderstandings and pre-empt escalation. 10. Haiti received a number of high-level visits during the reporting period, including the visit by the Security Council from 11 to 14 March (see S/2009/175) and the visit of the Ad Hoc Advisory Group of the Economic and Social Council from 4 to 7 May (see E/2009/105). I visited Haiti on 9 and 10 March, accompanied by the former President of the United States of America, William J. Clinton, whom I subsequently appointed as United Nations Special Envoy for Haiti, and who returned to the country in his new capacity from 6 to 8 July. As Special Envoy, President Clinton will assist the Government of Haiti and its people in their efforts to create new jobs, improve the delivery of basic services and infrastructure, strengthen disaster recovery and preparedness, attract private sector investment and garner greater international support. I am deeply grateful to President Clinton for his readiness to assume this function, which will be of great value in maintaining critically needed international engagement in Haiti. Elections 11. The senatorial elections on 19 April and 21 June represented the first elections held since the 2006 electoral cycle, and were the first to be organized by the new Provisional Electoral Council, with technical, logistical and security support from MINUSTAH. The organization of the electoral process represented a significant challenge, owing to the new provisions and requirements of the 2008 Electoral Law, in particular the 78 per cent increase in the number of voting centres to 1,463 in 2009, compared with 821 in previous elections. National and international observers generally expressed satisfaction with the technical aspects of the process. A review of the elections of 19 April, conducted jointly by the Haitian National Police and 09-49451 3 S/2009/439 MINUSTAH after the fact, helped to develop an enhanced security strategy for the second round. 12. While electoral violence remained comparatively low, the level of voter turnout (11.3 per cent and 10.85 per cent countrywide, respectively, during the electoral rounds of 19 April and 21 June) raised concerns about the degree of public engagement in the political process. The reversal of the results in the South Department and allegations of vote tampering in the Petite Rivière region of the Artibonite Department also prompted controversy within the Provisional Electoral Council. Allegations of involvement in electoral incidents by certain candidates and sitting members of Parliament could further undermine voter confidence. Appropriate follow-up to the Electoral Council’s investigation into these events would make a critical difference in fostering public confidence in the political process. 13. A number of electoral exercises lie ahead and will demand significant support from the Mission and from bilateral partners. These include the rerun for the elections in the Centre Department and elections for all members of the Chamber of Deputies and for one third of the Senate, whose terms are constitutionally due to expire on 12 January 2010 but can be extended until 11 May 2010 under the current electoral law. At present, it remains unclear whether those elections will be held before the end of 2009; some are proposing that they be held early in 2010. The Constitution establishes that the next presidential and local elections should be held on 28 November 2010. III. Institutional support and strengthening of the State 14. During the reporting period, MINUSTAH continued to support efforts by the Haitian authorities to strengthen national and local institutional capacity, which falls well short of the level required. 15. With technical assistance from MINUSTAH, the Government has prepared an integrated border management plan and a draft Haitian Customs code, which is now under consideration by Parliament, as noted above. Drawing on bilateral funding as well as technical support from MINUSTAH, the Government has completed construction of expanded border facilities at Ouanaminthe and Malpasse, while work on the Belladère facility is nearing completion. The upgrading of the Customs data system (including the computerization of Customs operations), the physical improvement of the border crossing points and the intensification of patrols by security forces have together contributed to a 10 per cent increase in Customs revenue during the first six months of 2009, compared to the corresponding period in 2008, bringing Customs revenues to a monthly average of G800 million ($19 million). 16. As part of its mandated efforts to help build Haitian institutional capacity at all levels, including within key ministries, the Mission is providing technical assistance to the Ministry of the Interior and Local Government. Discussions are ongoing with the Prime Minister to provide similar support to other important ministries to help to meet urgent needs. This would also serve as a complement to bilateral capacitybuilding initiatives and to the efforts of the United Nations country team. 4 09-49451 S/2009/439 17. MINUSTAH, working together with the United Nations country team and Haiti’s bilateral partners, continued to provide institutional support to the Parliament, which adopted several measures during the reporting period aimed at enhancing its performance. These included the appointment, on 9 July, of a Secretary-General of the Chamber of Deputies, who is expected to coordinate administrative and personnel matters and to provide technical assistance to the President of the Chamber, while maintaining communication with his counterpart at the Senate. Both Secretaries-General are expected to serve as focal points for the international community on institutional support issues. 18. Administrative capacity at the local level remains extremely limited. Drawing on quick-impact project funding, during the reporting period the Mission supported the training of a municipal accountant for each of the country’s 140 municipalities between May and July. Meanwhile, as at 19 August, 128 quick-impact projects have been launched to provide basic public services, such as potable water cisterns, solarpowered street lighting, and school benches, to construct or rehabilitate public infrastructure and to provide income-generating activities, such as fruit and vegetable production, livestock breeding and horticulture. IV. Security situation 19. The security environment in the country remained generally calm, albeit extremely fragile, during the reporting period. Potential threats to stability include the risk of resumed activity by gangs, criminals and other armed groups, corruption and violence associated with illegal trafficking, as well as large-scale civil unrest. 20. At a time of mounting frustration over the difficult conditions of daily life, demonstrations have shown a tendency to increase in number and intensity around the country and have highlighted the potential for groups with disparate agendas to form opportunistic alliances in order to advance their particular interests. This was exemplified by the demonstrations that began in Port-au-Prince in June 2009, where students who had taken to the streets to express various academic grievances were subsequently joined by protestors in favour of the proposed increase in the minimum wage and also appear to have been infiltrated by external, violent elements. All of these threats may be exploited by those who are pursuing political objectives, including in the context of forthcoming electoral processes, or by spoilers who seek to undermine the stabilization process in order to protect personal interests. 21. As noted below, although the capacity of the National Police is gradually improving, it still lacks the force levels, training, equipment and managerial capacity necessary to respond effectively to these threats without external assistance. Consequently, the MINUSTAH security components continue to play an indispensable role in maintaining a secure and stable environment. 22. During the reporting period, MINUSTAH, acting in support of the Haitian authorities, undertook a series of operations in Cité Soleil and in Martissant, which resulted in the arrest of a number of gang leaders and helped to maintain an atmosphere of security in both areas. Focused operations by the National Police and MINUSTAH forces also contributed to a decline in reported kidnappings from an average of approximately 30 per month in the first half of 2008 to fewer than 8 per month in the first half of 2009. 09-49451 5 S/2009/439 23. Meanwhile, MINUSTAH has continued to support the Government’s efforts in the area of border management through maritime, air and land patrols. The Mission’s maritime operations have facilitated the seizure of drugs by the National Police, including the interception of a shipment of some 432 kg of marijuana in the South Department on 10 June. 24. The senatorial elections represented a further major undertaking for the Mission’s military and police components, who worked with the National Police to provide security to voting centres throughout the country and to the tabulation centre in Port-au-Prince, and to safeguard the delivery and recovery of sensitive and non-sensitive electoral material. Beyond these large-scale efforts, the Mission’s security components played a critical role in the maintenance of stability through the provision of back-up to the National Police in responding to civil disorder or other ad hoc threats, and through regular patrolling throughout the country, including in remote areas where the National Police has a limited presence. Reconfiguration of MINUSTAH forces 25. The role of the MINUSTAH police and military components will need to adapt as the threats facing Haiti evolve, and as the country develops its own security capacity. Accordingly, the Mission has launched a department-by-department assessment of Haiti’s stability and the deployment of Haitian security forces, in order to elaborate, together with military and police experts from United Nations Headquarters, a strategy for the progressive reconfiguration of the Mission’s security components. 26. The Mission’s assessment clearly confirms that, in order to avoid any major setbacks or reversals, the maintenance of a substantial international military and police presence on the ground, at a level similar to that currently deployed, remains essential. At the same time, there is a need to adjust certain aspects of its force configuration to better meet current requirements on the ground. In particular, it is increasingly unlikely that the Mission will need to undertake large-scale security operations, along the lines of those that were conducted in Cité Soleil early in 2007. It would therefore be desirable to enhance the Mission’s operational ability to deploy rapidly and to monitor remote locations, including border areas and the country’s coastline. Accordingly, it is envisaged that up to one quarter of the Mission’s armoured personnel carrier capability could be replaced with lighter patrol vehicles, an adjustment that would in turn permit the reduction of some 120 troops within the military component, down to a total figure of 6,940. 27. At the same time, the ongoing review of the MINUSTAH force configuration has highlighted the need to further strengthen the Mission’s capacity to support the Haitian authorities in their crowd-control efforts. It is therefore recommended that each of the Mission’s nine formed police units, which currently range in size from 85 to 140, be brought up to the standard strength of 140 personnel. This adjustment would correspond to a total increase of 120 additional officers and would bring the MINUSTAH police component to 2,211. It would bring the Mission into compliance with United Nations doctrine, and would enhance the flexibility and effectiveness of the formed police units by enabling each one to operate with four tactical sub-units of 30 officers, plus 20 support and command staff. 6 09-49451 S/2009/439 Reduction of community violence 28. During the reporting period, MINUSTAH continued to implement a programme of community violence reduction, providing advice and assistance to the National Disarmament, Dismantlement and Reinsertion Commission and to local administrations, with a particular focus on 12 priority violence-affected areas identified jointly with the Haitian authorities. 29. Since my last report, a total of 43 projects have been completed, while 38 additional projects were identified in collaboration with community groups in the 12 priority areas. Six of these additional projects have been completed, and the remainder are ongoing. Once completed, the latest group of projects will have generated one month of employment for 13,704 workers, including 4,955 women, and will have created professional and educational training opportunities for 1,156 youth at risk, prison inmates and children affected by armed violence, in addition to helping to provide medical and social support to 1,500 street children. These projects are accompanied by social outreach activities, involving over 60,000 participants, aimed at fostering a culture of peace in all 12 areas. 30. Meanwhile, MINUSTAH and the United Nations Development Programme (UNDP) continued to assist the Ministry of Justice in the ongoing review of legislation on firearms and in upgrading the National Police weapon registry system. As at 16 July, a total of 4,520 weapon licences had been issued to begin the replacement of the 6,100 less secure versions that had been issued from 2004 to 2006. A further 3,183 licences had been issued to begin the replacement of registrations issued prior to 2004 for some 25,000 weapons that had expired. V. Reform of rule-of-law structures 31. Further progress was made in enhancing the capacity of the police, justice and corrections systems in accordance with national reform plans, drawing on close collaboration between the Haitian authorities, MINUSTAH, the United Nations country team and bilateral partners. Significant additional efforts are required, however, to enable Haiti to attain the minimum level of institutional capability required in each of these areas. Major elements of sustainability include enhanced inspection, oversight and accountability mechanisms, and continued action to curb corruption, as well as adjustment of structures within key Ministries and increased cooperation among Government institutions at the national and regional levels. Police reform and development 32. MINUSTAH continues to work with the Haitian National Police to enhance its professionalism, develop institutional capacity and facilitate the establishment of necessary infrastructure. As at 18 August, the National Police numbered some 9,715 officers. This included a group of 468 new officers, 121 of whom are women, who graduated on that day as members of the twenty-first promotion. Meanwhile, some 1,500 candidates for the twenty-second promotion are currently awaiting medical examinations, with the objective of beginning their training within the coming months. Beyond basic police training, 115 National Police candidates, six of whom are women, completed required training for inspector-level positions and graduated on 18 August. In addition, 67 National Police officers at different levels are receiving advanced training through bilateral scholarships. 09-49451 7 S/2009/439 33. Certification and vetting activities continue to be conducted jointly by the Mission (United Nations police) and the National Police throughout the country. At the time of reporting, investigation files have been opened to verify the professionalism and integrity of 6,557 National Police officers; of this figure, a total of 2,154 completed files have been delivered to the Inspector General, and are awaiting action, pending finalization by the Haitian authorities of the internal arrangements by which they should be processed. 34. Together with bilateral partners, MINUSTAH is continuing to support nationally-led efforts to enhance the institutional capacity and infrastructure of the National Police. These include the elaboration of a comprehensive approach to border security, combining operational and training strategies, identification of necessary equipment and logistical resources, and development of necessary infrastructure, such as a new maritime base in the South Department. Efforts are also under way to strengthen the professionalism and operational capacity of the judicial police, which plays a central role in investigating criminal activity. Meanwhile, bilateral funding is required to permit resumption of the expansion of the INTERPOL and Central Fingerprint Offices, which was scheduled for completion in June, but has been suspended for lack of resources. Continuing bilateral support for the enhancement of the National Police’s management and administration capacity will be critical for the sustainability of the entire police reform process. 35. During the reporting period, bilateral assistance supported the acquisition of 32 new vehicles, the renovation or expansion of 20 National Police facilities, and construction of a further 25 facilities, including expansion of the Police School which, when completed, will permit basic training for two promotions simultaneously. Using national funding, the National Police acquired 34 additional vehicles and renovated 20 police stations. 36. Despite the important contribution of bilateral donors to National Police development, the funds available for projects earmarked for implementation during the reporting period remain insufficient. The continued, generous assistance of the international community is critical to enable the National Police to adhere to the timelines envisaged in its development plans. 37. The Presidential Commission on Public Security, in its report issued on 6 August 2009, recommends that, in addition to ongoing enhancement of police capacity, Haiti should re-establish an additional force with a military status. This body, with a suggested composition of 4,000 to 5,000 members, would assume a variety of tasks, several of which are currently being discharged by MINUSTAH or by the National Police, and could incorporate certain elements of the National Police. Its responsibilities would include the maintenance of security along Haiti’s borders and in rural areas, protecting the population against natural disasters, fighting illicit trafficking, support to the police in cases of civil unrest and protection of the environment. The political, practical and financial dimensions of these recommendations are expected to give rise to extended political and public debate. Judicial system 38. The vetting of the nominees for the Superior Council of the Judiciary, which will play a central role in oversight of the justice system, has now been completed. 8 09-49451 S/2009/439 However, the results have not yet been made public, while the President of the Cour de Cassation, who would also serve as ex officio Chairperson of the Council, has yet to be appointed. 39. Pending the establishment of the Council, the Ministry of Justice has continued to strengthen its own judicial inspection unit, with the establishment of ad hoc commissions to review cases of serious misconduct on the part of judges. So far, four prosecutors have been dismissed and three judges and one registrar suspended. However, the bill on the reorganization of the Ministry of Justice, which would provide for the establishment of new planning and judicial inspection units, has yet to be adopted by the Parliament. 40. The inauguration of the Magistrates School on 12 March 2009 represented a significant step forward and the recruitment for a first class of magistrates was launched in June. The beginning of their formal training will mark the launch of an urgently needed, systematic process to appoint and prepare personnel for important judicial functions. Meanwhile, the facilities at the School were used to train 60 justices of the peace, including five women. This brings the total number of judges with formal training to 135, out of a total of 470 judges nationwide. A training programme for prosecutors is scheduled to begin shortly. 41. Since my last report, the Mission has continued to support a number of measures to strengthen the functioning of the court system, including improved caseload, in addition to giving technical assistance to the judicial actors of the “penal chain’’ so as to improve coordination. Together with the United Nations Office on Drugs and Crime, MINUSTAH explored with the Haitian authorities ways to strengthen measures against corruption, organized crime and illicit trafficking. There has, however, been no progress towards the establishment of specialized chambers, which were envisaged as an important element in combating impunity. 42. The Working Group on the Reform of Justice, one of the Presidential Commissions (see para. 7), provided 13 short-term recommendations to President Préval on immediate measures to advance the judicial reform process on 31 March. Four sub-groups have been formed on criminal, civil and administrative law, and on the framework for judicial reform. Legislative reform has also received increased attention with the establishment of a Working Group on the Modernization of the Criminal and Criminal Procedure Codes, which is headed by the former Minister of Justice in his capacity as Special Adviser to the President. This marks a significant step towards a long-needed review of existing Haitian criminal legislation. 43. An additional legal aid office was opened in Gonaïves on 3 August, bringing the total number of such legal aid offices countrywide to 10. Measures are being taken to identify means of continuing the funding of the existing offices and to open eight additional offices in the remaining jurisdictions of the country. Corrections system 44. During the reporting period, limited progress was made in the implementation of the 2007-2012 strategic plan of the National Prison Administration, which has four areas of focus, namely, improvement of infrastructure, procurement of necessary equipment, training of personnel and enhanced treatment of detainees. MINUSTAH continued to work to promote security and meet the urgent needs of detainees, while providing technical support for longer-term planning. 09-49451 9 S/2009/439 45. In keeping with the trend identified in earlier reports, the situation in prisons continued to deteriorate as overcrowding increased still further. As at 20 August, 8,790 inmates (481 female) were held in 17 prisons, with only 4,884 m2 of living space. In the National Penitentiary in Port-au-Prince, 4,177 detainees occupied 1,995 m2 of living space, less than half a square metre per prisoner, and far below the international norm of 2.5 m2 per prisoner, which reflects a basic minimum in terms of human rights and safety. 46. In a positive development, construction of a new prison at Croix des Bouquets (near Port-au-Prince) began in May, drawing on bilateral funding. The prison will accommodate 750 inmates once completed. Meanwhile, the bilaterally funded rehabilitation of a part of the prison in Cap-Haïtien will increase bed space in that facility by 150 and provide a kitchen, an infirmary and a sanitation bloc. Work on the administration building of that facility has been halted since November 2008 for lack of funding by the Government of Haiti. Similarly, rehabilitation work on the Hinche and Carrefour prisons funded by the Government of Haiti, which had begun in February 2008, was halted in December because of funding problems. The rehabilitation of the Port-de-Paix and Saint-Marc prisons, both of which are managed by UNDP, began in June 2009 and is expected to increase bed space in the two facilities. 47. More than 76 per cent of detainees nationwide continue to be held in pretrial detention, as are more than 86.47 per cent of detainees in the national penitentiary. The second National Commission on Prolonged Pretrial Detention has, since its establishment in December 2008, recommended the implementation of some immediate measures, provided guidelines to presiding judges and prosecutors and initiated, with MINUSTAH support, an inventory of detainees so as to review prolonged pretrial detention cases countrywide. A pilot project identifying the blockages to case files was executed in April and presented to the Ministry of Justice for follow-up. No further action has been taken to date, however. 48. Although it was planned that an additional 270 correction officers would be trained in 2009, the Government has yet to select recruits for training. Meanwhile, 146 prison managers were trained in emergency planning, code of conduct and performance evaluation. VI. Human rights 49. Little change was seen in the overall human rights situation during the reporting period, the most acute problem continuing to be the lack of progress in the realization of economic, social and cultural rights. Widespread poverty and unemployment, combined with a lack of access to acceptable and affordable food, housing, education and health care and the ongoing deterioration in the environment pose a threat to individual rights and to national stability. 50. In response, MINUSTAH has sought to enhance its efforts to protect and promote economic, social and cultural rights, and to respond to growing interest by civil society in public policy. With assistance from the Office of the United Nations High Commissioner for Human Rights, the Mission is working to develop related training that would help Haitian citizens to contribute constructively to the implementation of such policy instruments as the National Growth and Poverty Reduction Strategy Document, ministerial work plans, and municipal budgets. 10 09-49451 S/2009/439 51. The country continues to enjoy a historically high level of political commitment to the protection of civil and political rights. Nonetheless, during the reporting period, violations of those rights resulted from the ongoing weakness of rule-of-law institutions and the persistence of impunity. Despite some improvements in the capacity of the National Police, the Mission has received reports of illtreatment, arbitrary and illegal detention and abuse of authority, while prolonged pretrial detention, as described above, infringes the rights of Haitians to a fair trial. The electoral incidents that occurred on 19 April also impinged upon some citizens’ right to a free and fair electoral process. 52. The Independent Expert on the situation of human rights in Haiti, Michel Forst, visited Haiti from 27 April to 9 May to finalize his first report (A/HRC/11/5), which was submitted to the Human Rights Council in June 2009. Following a country visit from 1 to 10 June, the Special Rapporteur on contemporary forms of slavery, Gulnara Shahinian, called for increased attention to the issue of children in domestic service. Her report on the visit will be submitted to the Human Rights Council at its twelfth session. Gender 53. During the reporting period, the Mission continued its efforts to support women’s participation in the political process. MINUSTAH conducted training sessions on leadership and women’s political participation for 44 leaders, including three men and five of the seven women who were competing for seats in the Senate. Sensitization sessions on voter education were also carried out for 360 representatives of women’s and civil society organizations, including 288 women and 72 men in Cap-Haïtien, les Cayes, Gonaïves, Jérémie, Jacmel, Port-de-Paix, Fort-Liberté and Miragoâne through the Mission-supported multimedia centres. However, in view of the fact that none of the women competing for office was elected, female representation in the Senate has decreased by 50 per cent following the departure of two outgoing women Senators. 54. Efforts to tackle sexual violence continued to suffer from weaknesses in the rule-of-law system. Sensitization sessions on violence against women were organized for 242 officers of the National Police, including 39 female officers. MINUSTAH continued to support the implementation of the National Plan of Action to combat violence against women, and implemented a country-wide sensitization programme for representatives of civil society organizations, including 148 women and 62 men. Child protection 55. During the period under review, children continued to suffer from criminal acts. Minors were reported to be the victims in 84 rape cases, while internal and cross-border child trafficking for the purpose of sexual or economic exploitation and inter-country adoption also remained a matter of concern. Seven minors, including four girls, were reportedly kidnapped over the period from March to August 2009. 56. The Mission sought to safeguard the rights of children within the justice system. There were 332 minors, 12 per cent of them girls, in detention in July, 284 of whom had not yet been tried. The Mission continued its efforts to ensure that their cases are heard by appropriately prepared judges, and that, where possible, they are immediately released after trial, while UNICEF provides free legal 09-49451 11 S/2009/439 assistance. MINUSTAH and UNICEF also continued their work to support the National Police Child Protection Brigade through joint training programmes for 70 officers during the reporting period, and through the conduct of an assessment of the needs of the Brigade in all departments. HIV/AIDS 57. Since my last report the Mission has provided training on issues related to HIV/AIDS for 4,703 Mission personnel and 1,369 members of the National Police, as well as for 641 Haitian community leaders and representatives of civil society. In addition, the Mission has contributed to HIV training for penitentiary health personnel and immigration and Customs officials and, in cooperation with the Haitian Coalition of Women on AIDS, to the holding of a seminar on Prevention of Mother to Child Transmission. VII. Humanitarian, recovery and development activities Socio-economic situation 58. One year after Haiti suffered the devastating impact of a series of hurricanes, the grave socio-economic situation continues to pose a direct threat to the country’s stability. Daily living conditions for the majority of the Haitian people continue to be characterized by hardship and privation. Subsidies that had been introduced to counter rising food and fuel prices after the riots in April 2008 are now being phased out, and the national authorities indicate that food insecurity is currently affecting 1.9 million Haitians. Social safety nets remain virtually non-existent. Basic social services such as education are almost entirely run by non-State actors and the private sector, while the country also implements a cost-recovery policy for basic health services. 59. While Haiti’s overall socio-economic situation remains very fragile, there were some favourable developments over the reporting period. Annual inflation, which had doubled from 7.9 per cent at the end of September 2007 to 15.8 per cent in June 2008, fell to minus 0.04 per cent in May 2009, while the Haitian gourde remained relatively stable. The economic growth rate, which had reached 3.4 per cent in 2007 before declining to 1.2 per cent in 2008, is forecast to rise to approximately 2 per cent during 2009 and 2010. This forecasted growth would however barely keep pace with the projected population growth rate of approximately 2.4 per cent. 60. After the cancellation, on 30 June, of Haiti’s $1.2 billion multilateral debt by the international financial institutions, the Paris Club countries cancelled the country’s entire bilateral debt of over $214.73 million which was owed to Club member countries. Multilateral debt cancellation is expected to release approximately $40 million annually for the investment budget until 2015, which should be spent on poverty reduction measures. 61. There is an urgent need to support the Haitian authorities in the implementation of targeted social and economic agendas aimed at addressing the extreme vulnerability of the country and its people and to place Haiti firmly on the path to recovery and sustainable development. The United Nations Special Envoy for Haiti is already playing a critical role in mobilizing public and private 12 09-49451 S/2009/439 investment, while fostering the commitment of State institutions and national actors to work together to bring about a tangible improvement in the lives of the Haitian people. On 9 August, he announced that he would lead an international trade mission of private investors to Haiti in October. Meanwhile, a number of major international investors and philanthropic organizations are considering investments in various key sectors. Humanitarian and development assistance 62. As demonstrated in 2008, Haiti is extremely vulnerable to natural disasters, and severe deforestation heightens the risk of flooding and mudslides during periods of heavy rains. This vulnerability, compounded by reduced agricultural capacity, high unemployment and extremely low investment, puts much of the population at risk, particularly during the hurricane season (June to November). 63. The Government of Haiti has presented a national preparedness strategy for response to possible disasters during the hurricane season, while capacity-building for the country’s civil protection directorate has continued, with support from UNDP, the World Bank and the European Commission. The humanitarian community has updated its contingency planning, and the Office for the Coordination of Humanitarian Affairs continues to facilitate coordination at the national and departmental levels. Operational arrangements have also been established for joint emergency response activities by MINUSTAH and the United Nations country team, building on the collaboration that played a critical role in permitting a swift response to the crisis of 2008. 64. During the reporting period, the World Food Programme (WFP) pre-positioned food, including high-energy biscuits, in strategically located warehouses. The World Health Organization (WHO) distributed medical supplies and other equipment to strengthen the response capacity of the Ministry of Health. UNICEF screened and treated children for malnutrition, supported education in disaster-affected areas, and contributed to the provision of safe drinking water and to the establishment of a new hospital in Gonaïves. The International Organization for Migration (IOM) assisted the Direction de la Protection Civile in identifying and rehabilitating structures to be used as temporary shelters. Since my last report, ongoing recovery programmes have already created about 35,000 short-term jobs nationwide. However, additional funding is required for recovery and rehabilitation efforts by UNDP, IOM, the Food and Agriculture Organization of the United Nations and WFP, which can create jobs and mitigate the risk of future disasters. 65. Upon the invitation of the Government of Haiti, Professor Jeffrey Sachs, Director of the Earth Institute and my Special Adviser on the Millennium Development Goals, visited Haiti from 14 to 17 July to review the development priorities of the country and explore ways to advance their implementation. VIII. Personnel conduct and discipline 66. MINUSTAH continued to implement my zero tolerance policy with regard to sexual exploitation and abuse. The Mission provided training on the prevention of sexual exploitation and abuse to 1,112 personnel, including 593 military, 186 police and 333 civilians. As part of the ongoing internal campaign against transactional sex, cards outlining the Organization’s policy were produced in every Mission 09-49451 13 S/2009/439 language and issued to all personnel. One MINUSTAH police officer was repatriated on grounds of sexual misconduct. IX. Consolidation plan 67. While there have been some advances over the past 12 months, the consolidation plan and associated progress indicators that were proposed a year ago remain valid as a means for the Security Council to evaluate the consolidation of stability in Haiti. However, some adjustments are warranted by specific developments in each of the five broad benchmark areas, as described below. This information is summarized in annex I, which has been reorganized to facilitate review by the Security Council by aligning projected advances within the first four benchmark areas of the consolidation plan with the likely time frame for consideration of extensions of the MINUSTAH mandate, based on practice to date. The time frame for indicators in the fifth benchmark, social and economic development, is less precise, reflecting the fact that progress in this area moves at a more incremental pace than in the other four areas. 68. In the area of political dialogue and elections, a number of indicators of progress have been met. With the installation of the Government of Prime Minister Pierre-Louis, followed by the completion of elections to replenish the Senate, political processes can once more benefit from a solid institutional foundation. Meanwhile, the establishment by President Préval of a series of commissions on issues of national interest has helped to launch an inclusive dialogue on the country’s future, with participation by political leaders, members of the private sector, academics and representatives of civil society. This process can help to identify broadly supported institutional adjustments that could favour longer-term stability. Continued outreach by the Haitian authorities will be critical to sustain this debate, while civil society has a responsibility to actively participate, and to ensure the legitimacy and sustainability of the solutions that emerge. 69. The consolidation of Haiti’s political stability also demands continued respect for the principle of periodic elections. It is widely acknowledged that the current electoral calendar imposes a major financial and political burden upon the country and its bilateral partners, and several specific amendments in this regard have been outlined by the Commission on Constitutional Reform. The experience of the past five years has highlighted the fact that the timing of electoral exercises may need at times to be adjusted, bearing in mind practical constraints. Nevertheless, it is essential that Haiti’s leadership continue to work with the international community to ensure the timely organization of legislative, local and presidential elections, and that the electorate takes full advantage of a franchise that was won by previous generations through determination, courage and sacrifice. 70. With regard to the extension of State authority, significant progress has been made towards the clarification and implementation of a border management strategy, while incremental advances have been made in the development of the State’s institutional capacity in general, drawing on bilateral and multilateral initiatives. However, considerable additional efforts are required to enable the State to effectively collect and disburse funds for the benefit of the population. The prospects for substantial and lasting improvements in institutional capacity would be greatly enhanced through adoption by the Government of an overall blueprint for 14 09-49451 S/2009/439 State reform, drawing as appropriate upon already existing proposals. Likewise, agreement upon a framework for decentralization would favour the strengthening of local governance capacity. It is hoped that the proposals outlined by the Commission on Constitutional Reform will help to pave the way for the emergence of a consensus in this regard. Continued bilateral and multilateral support for efforts to strengthen the legislative and oversight capacity of Parliament will also continue to represent a critical contribution to Haiti’s long-term stability. 71. The promotion of the security and stability of Haiti has generally advanced in keeping with the timeline projected in the consolidation plan. Ongoing targeted operations by national and international forces have promoted security in urban and rural areas, while the presence of MINUSTAH and National Police elements has been enhanced along the land and maritime border. Operational assistance by the international community will be critical to safeguard and build upon the gains that have been made, and to address threats that could otherwise have regional implications. The continued presence of MINUSTAH military and police can play a critical role in this regard. At the same time, bilateral arrangements may offer a more sustainable means of addressing such difficult collective security challenges as illegal trafficking and cross-border criminal activities. 72. Further progress has been made in developing the National Police, which is critical for the consolidation of stability, and the development of a handover strategy for the operational responsibilities of MINUSTAH. In order to meet the objectives outlined in national plans, it is essential that the Haitian authorities continue to prioritize effective recruitment and training of new police officers, while working with MINUSTAH and bilateral donors to strengthen the institutional capacity of the National Police in a number of areas, including both specialized skills and general management capacity, as well as supporting the provision of equipment and key infrastructure. The promotion of professional values is also indispensable. The determination of the appropriate procedures for certification and their prompt implementation will be of particular importance in this regard. Meanwhile, it is desirable to begin preparation of a blueprint that could guide National Police development efforts following the conclusion of the present plan, which is due to be completed in 2011. This should be harmonized with Haiti’s emerging vision for an overall security architecture that provides an appropriate and financially sustainable response to threats. The proposals outlined by the Commission on Public Security will represent an important contribution to this discussion. 73. Continued commitment by the Haitian authorities and additional engagement by the international community are critical to building on progress in the area of rule of law and human rights. Priority objectives, as reflected in the consolidation plan, include the full establishment of the Conseil Supérieur du Pouvoir Judiciaire as an effective body that can exercise oversight over the justice system, in collaboration with responsible offices within the Ministry of Justice. The launch of regular training for judicial personnel through the School of Magistrates will also represent an important step towards the strengthening of the judiciary. In the area of corrections, the start of the construction of a new prison in Croix des Bouquets constitutes a first, concrete step towards addressing the urgent need for expansion of the country’s penitentiary system, although far more is needed. It is also desirable that the Haitian authorities undertake further exploration of alternatives to prison sentencing, which could make a longer-term contribution towards alleviating overcrowding, and may favour a more rapid return to productive life by those who 09-49451 15 S/2009/439 are convicted of minor crimes. Meanwhile, the adoption of legislation for the Office de Protection du Citoyen and the strengthening of its capacity are critical for efforts to institutionalize respect for human rights in the country. 74. In the area of social and economic development, while the creation of several thousand temporary jobs through labour-intensive projects has helped to alleviate immediate needs, an intensified discussion within Haiti, and between the Haitian authorities and the international community, has contributed to the elaboration of a clear path towards lasting social and economic recovery. Continued, generous assistance to meet humanitarian and early recovery requirements will be essential for the foreseeable future. At the same time, it is vital that further efforts be made to lay the foundations for long-term progress, based on the revival of private-sector activity. Haiti’s inherent advantages as a location for investment have been highlighted repeatedly over the past year. In order to realize this potential and attain the indicators of progress towards lasting stability, it is critical that the Haitian leadership reach out to the private sector in a joint effort to take advantage of the opportunities that exist. Ongoing programmes to enhance Haiti’s physical infrastructure must be complemented with a sustained and collaborative effort to ensure a legislative and regulatory environment that is truly conducive to business. The continued engagement of the international community and the interest of Haitians living abroad will also represent indispensable resources in this effort. X. Mission support 75. During the reporting period MINUSTAH continued to repair and rebuild Mission infrastructure destroyed in the passage of the hurricanes and tropical storms that struck Haiti during 2008. Significant improvements have been made to ensure that MINUSTAH facilities are better able to withstand the severe weather conditions prevalent in Haiti, and logistics arrangements have been put in place to improve disaster response. Nonetheless, in view of the chronic absence of proper drainage systems throughout the country, flooding of facilities will remain a significant risk. A second substantial area of Mission support activity concerned the construction of MINUSTAH facilities to support patrolling activities along the borders, including maritime installations in Gonaïves, Jacmel, Fort-Liberté and Port-Salut, and the land border facilities at Anse-à-Pitres, Malpasse and Belladère. 76. Support to the senatorial elections constituted a third major logistical undertaking by the Mission during the reporting period. Each round of the elections required the redeployment of approximately 4,200 troops, 450 formed police, 675 police advisers and 400 civilian staff. The Mission transported some 255 tons of electoral materials by road, in addition to organizing 146 election-related flights. 77. During the reporting period, one staff member died outside the Mission area, while 23 were medically evacuated and treated within Haiti and 32 were evacuated to higher-level medical facilities outside Haiti. The Mission also undertook preparations to respond to a possible outbreak of influenza A (H1N1) among MINUSTAH personnel, while cooperating with WHO to assist the Government of Haiti in its own efforts to protect the Haitian population. 16 09-49451 S/2009/439 Outreach and public information 78. During the reporting period, the Mission increased the production of its television programme Jwèt Pou Ou (It’s Your Turn) from fortnightly to weekly, and introduced a new programme highlighting the work of the United Nations and the international community in Haiti called Jwèt Pa Nou (It’s Our Turn). These popular programmes are broadcast on seven television stations in Haiti and eight television stations viewed by the Haitian community living in the United States, The daily radio programmes of MINUSTAH FM, which are broadcast nationally by transmitter and internationally through the Internet, continue to provide news and information to audiences inside and outside the country. 79. Members of Haitian civil society, including an increasing percentage of women users, have continued to use the nine MINUSTAH multimedia centres in growing numbers. Arrangements are being put in place to permit video-conferencing between the centres, which could facilitate greater dialogue and exchange of information, as well as supporting national and local government communications between departments. XI. Financial aspects 80. By its resolution 63/294, the General Assembly appropriated the amount of $611,751,200, equivalent to $50,979,267 per month, for the maintenance of MINUSTAH for the period from 1 July 2009 to 30 June 2010. Should the Security Council decide to extend the mandate of MINUSTAH beyond 15 October 2009, the cost of maintaining the Mission until 30 June 2010 would be limited to the amounts approved by the General Assembly. 81. As at 30 April 2009, unpaid assessed contributions to the Special Account for MINUSTAH amounted to $132.8 million. The total outstanding assessed contributions for all peacekeeping operations as at that date amounted to $1,620.3 million. 82. As at 19 August 2009, amounts owed to troop and police contributors to MINUSTAH totalled $96.8 million. Reimbursement of troop and contingent-owned equipment costs have been made for the periods up to 31 December 2008 and 30 September 2008, respectively, in accordance with the quarterly payment schedule. XII. Observations and recommendations 83. Five years into the stabilization process, there is substantial reason to believe that Haiti is moving away from a past of conflict, towards a brighter future of peaceful development. However, the progress that has been made remains extremely fragile, and is susceptible to setbacks or reversal. Continued commitment by the Haitian leadership and people, by the United Nations and the international community more generally is critical for the consolidation of stability. 84. The Haitian people have primary responsibility for ensuring progress. It is incumbent upon Haiti’s leaders, who have helped to create an opportunity for historic change, to continue their efforts to identify broadly supported solutions to 09-49451 17 S/2009/439 the problems facing the country, including the strengthening of State institutions and possible constitutional reforms. This will require better and more sustained collaboration within and between branches of Government, and also a commitment to inclusive dialogue with the broader public. Further efforts to curb corruption and impunity are also critical. In this connection, effective follow-up to violent incidents during the elections of 19 April would help to shore up public confidence in the democratic process and underline that the same standards apply to all Haitian citizens, regardless of their position. 85. The United Nations can also make a critical contribution to the stabilization process through the activities of MINUSTAH and of the United Nations country team. The operational support of MINUSTAH security components remains vital at a time when Haitian police capacity is still developing, and when the State continues to face significant threats to its stability. At the same time, MINUSTAH technical expertise offers a valuable resource in support of Haitian efforts to strengthen national and local governance capacity and to develop its structures for border management, the rule of law and the protection of human rights. I accordingly recommend that the Security Council extend the mandate of the Mission for an additional year, until 15 October 2010, while incorporating the adjustments recommended in the present report (see paras. 26 and 27), which I believe will enable the Mission to operate effectively within the current environment. 86. The continued engagement of the wider international community is essential if these efforts are to bear fruit. The political commitment shown by Haiti’s partners at the Washington Conference, together with subsequent cancellation of the country’s debt, offers an encouraging indication of the depth of international support for the country. It is essential that this goodwill be sustained, and that further efforts be made to bring about a tangible change in the daily life of the Haitian people, which is a prerequisite for stability in the short and long term. The engagement of former President Clinton as the United Nations Special Envoy for Haiti is already making an invaluable contribution in this regard. 87. While the road of stabilization and peace processes is rarely smooth, I remain confident that Haiti today enjoys a historic opportunity for progress. I urge the Haitian leadership and people, and their partners in the stabilization process, to remain engaged and to persevere in their efforts to create a brighter future for this remarkable country. 88. I would like to conclude by expressing my sincere gratitude to my Special Representative, Hédi Annabi, and to the men and women of MINUSTAH for their courage and dedication to the stabilization of Haiti, as well as to those Governments which have provided troops and police to the operation. 18 09-49451 S/2009/439 Annex I Consolidation plan: benchmarks and revised indicators of progress for the period 2009-2011 I. Political dialogue, elections Benchmark: continued progress in the resolution of political differences through dialogue and successful completion of a cycle of free and fair elections that culminates in the smooth installation of a president in 2011 Requirements for progress would include sustained political will on the part of key Haitian actors to build an inclusive and collaborative approach, continuing to draw inter alia on an agreed joint agenda by the legislative and executive branches, and enhanced engagement by Haitian civil society; provision of security, logistical and technical support from MINUSTAH; and necessary bilateral funding to permit completion of electoral cycle and strengthening of relevant institutions Yeara Indicators of progress October 2009October 2010 • Continued collaborative approach in finding solutions to Haiti’s political, economic and social problems, drawing on collaboration between political parties and branches of Government, as well as with the private sector and civil society – Full and expeditious consideration is given to recommendations provided by the Presidential Commission on the 1987 Constitution and follow-up action is launched on a basis of broad agreement – Other Presidential Commissions present their reports and their recommendations are given prompt consideration – Updated legislative agenda is implemented collaboratively by the Government and Parliament • Continued support for electoral processes and institutions – Democratic elections are held for the Chamber of Deputies and one third of the Senate and all Parliamentarians are sworn in – A political consensus is found for the holding of local and Presidential elections – Progress towards the establishment of permanent electoral institutions October 2010October 2011 • Effective follow-up to recommendations by the Presidential Commission on the 1987 Constitution and other Presidential Commissions, based on broad agreement and a collaborative approach • Presidential elections are held in November 2010, and a democratically elected President is inaugurated in February 2011 • Haitian institutions are able to conduct elections with limited international technical support a For ease of reference by members of the Security Council, this chart compiles a number of objectives and target dates that are drawn from various national plans, including in particular Haitian plans for the reform of the country’s rule-of-law institutions. While the need to make progress in these areas is generally agreed, it should be noted that a number of the dates are subject to change, and would be adjusted as required to factor in the evolving circumstances on the ground and take account of the Mission’s ongoing dialogue with the Haitian authorities. 09-49451 19 S/2009/439 II. Extension of State authority Benchmark: extension of State authority throughout the country through the establishment of legitimate, transparent, accountable democratic institutions, down to the local level, with the capacity to collect and disburse funds for the benefit of the population, including the establishment of a viable system of border management Requirements for progress would include a collaborative approach by the Haitian political leadership in adopting a strategy for enhancement of administrative capacity at the central and local levels, in seeking consensus on arrangements for decentralization and in adopting a border management strategy; ongoing technical support from MINUSTAH; and bilateral and multilateral provision of expertise to assist in capacitybuilding, and resources for infrastructure requirements Year Indicators of progress October 2009October 2010 • Continued progress in strengthening administrative and decision-making capacity at national and local level, and adoption of an overall blueprint for such activities • Preparation of a legal and institutional framework for decentralization • Continued progress towards development of a comprehensive approach to border management, including through promulgation of Customs code and adoption of the plan for an integrated border management strategy October 2010October 2011 • Enhanced capacity to collect and disburse funds for the benefit of the population through strengthened institutions at the central and local levels, drawing on an agreed framework for sound and sustainable arrangements for decentralization • Implementation of a comprehensive approach to border management begins, and a critical capacity in this area to be attained through the establishment of necessary institutions and infrastructure, which would draw on further international support as required • Enhanced legislative capacity of Parliament and improved collaboration between the executive and legislative branches of Government III. Ensuring security and stability Benchmark: establishment of a sustainable security structure that enables Haiti to respond effectively to potential threats within the country and along its land and maritime borders, while respecting international standards and individual freedoms Requirements for progress would include continued prioritization of necessary decisions on development of Haitian National Police capacity and police certification by the Haitian authorities, as well as development of a consensus on an appropriate overall security structure; continued operational and capacity-building support from MINUSTAH; and provision of bilateral expertise and support for infrastructure requirements Year Indicators of progress October 2009October 2010 • Continued advances in maintaining security and stability in urban and rural areas, drawing on collaboration between international and Haitian security forces 20 09-49451 S/2009/439 • Continued strengthening of the Haitian National Police presence, with MINUSTAH support, along land and maritime borders and throughout the country • Further progress in reaching objectives established by the Haitian National Police reform plan is made through: – Graduation of additional Haitian National Police promotions, which will permit a continued increase of overall staffing in accordance with reform plan timelines – Continuation of vetting and certification process – Continued strengthening of technical capabilities of Haitian judicial police – Progress in the development of coast guard capability – Strengthened Haitian National Police administrative capacity and progress in training of mid- and upper-level management – Continued development of Haitian National Police infrastructures – Preparation of a follow-on development plan to the current Haitian National Police reform plan • Full and expeditious consideration is given to recommendations provided by Presidential Commission on Security and broad agreement is reached on follow-up action • Progress in the public weapons registration programme October 2010October 2011 • Further progress would be made during this period in all of the areas outlined by the Haitian National Police reform plan, so that, by the end of 2011, most key objectives of the Haitian National Police reform plan would be attained or within reach: – Haitian National Police strength of 14,000 adequately trained and professional officers; completion of Haitian National Police certification process – Haitian National Police capacity to provide essential police services throughout the country • Follow-up to recommendations of Presidential Commission on Security on a basis of broad agreement • Sustainable arrangements to provide security along the land and maritime borders, drawing on international assistance and complementary bilateral activities as necessary • This would in turn permit an overall evaluation of residual requirements for international assistance • Approval of further development planning for the Haitian National Police • Completion of registration process for some 31,000 weapons 09-49451 21 S/2009/439 IV. Rule of law and human rights Benchmark: establishment of an independent and credible judicial and penal system that respects and upholds human rights and is accessible to all citizens Requirements for progress would include continued prioritization of necessary decisions by the Haitian authorities, enhanced engagement by civil society, continued operational and capacity-building support from MINUSTAH, and provision of bilateral expertise and contributions to meet infrastructure requirements Year Indicators of progress October 2009October 2010 • In accordance with the national plan for justice reform and the three fundamental laws on the independence of the judiciary adopted in December 2007: – The Supreme Council of the Judiciary is established (pending appointment of its President) – Judicial inspection system is established within the Ministry of Justice and Public Security and, subsequently, within the Supreme Council of the Judiciary – A first class of future magistrates begins training at the School after undergoing the competitive process – Establishment of specialized chambers for corruption and organized crime – Identification of urgent reforms of the criminal procedure codes, including alternatives to imprisonment and statute for judicial auxiliaries – Adoption of the legislation and organigram for the Ministry of Justice and Public Security which inter alia lays the basis for a strategic planning and programming unit to steer the execution of the justice reform process • In pursuit of the objectives established by the strategic plan of the National Prison Administration: – Substantial increase of bed space in corrections facilities beyond the current space of some 5,000 m2 housing 8,790 detainees – Graduation of 270 corrections officers; training of senior managers and supervisors; development of policy and procedures • Adoption of legislation for the Office of Citizen Protection and progress towards strengthening its effectiveness • Ratification of additional key international human rights instruments October 2010October 2011 • The reforms implemented enable the justice system to achieve a significant increase in trials and judicial decisions, and a decrease of prolonged and illegal pretrial detentions – The Supreme Council of the Judiciary is functioning effectively as a control and disciplinary body for the judiciary – According to planning reflected in the National Growth and Poverty Reduction Strategy Document, 150 new Courts of the Peace, 6 new Courts of First Instance and 4 new Courts of Appeal would be added to the 200 Courts of the Peace, 18 22 09-49451 S/2009/439 Courts of First Instance and 5 Courts of Appeal that are currently in place – A national legal aid system is in place – Juvenile justice system strengthened and operational in Port-au-Prince, Cap Haïtien and in other new jurisdictions – As foreseen in the National Growth and Poverty Reduction Strategy Document, the justice reform plan is extended or renewed for an additional three-year period, on the basis of clearly defined objectives • In pursuit of the objectives established by the strategic plan of the National Prison Administration, which continues to offer a guide for essential additional international assistance efforts through 2012: – Further increase of bed space in corrections facilities, based on completion of ongoing projects that would create 6,000 m2 of additional prison space and on launch of further projects, in keeping with a national objective of creating by 2012 sufficient prison space to accommodate over 10,000 detainees within international norms – A core of corrections officers and supervisors would have received sufficient training to enable them to operate with limited assistance • The Office of Citizen Protection is fully operational and effective, drawing on limited additional support, as required V. Social and economic development Benchmark: lasting stability will require prevention of any further decline in living conditions, delivery of basic services to the most vulnerable, tangible improvement in the living standards of the population and creating the conditions for economic recovery Requirements for progress would include necessary policy decisions by the Haitian leadership to help meet urgent needs and to create a framework for investment and development; coordinated and sustained generosity on the part of donors; renewed efforts by multilateral agencies and international financial institutions; and the active engagement of the private sector in Haiti and abroad Year Indicators of progress 2008-2011 • Provision of assistance to meet the urgent needs of the Haitian people, drawing on support from the international community and contributions from the private sector – Assistance in the area of food and agriculture – Support for the development of labour-intensive projects – Progress towards improving availability of education – Support for improvement of health, through vaccination campaign • Improvement in business environment – Progress in creating a legislative and regulatory environment that favours business and investment 09-49451 23 S/2009/439 – Progress in key infrastructure projects, including through provision of bilateral assistance • Results to be achieved by the end of this period should include: – Increase in GDP (with prospects for sustained growth over several consecutive years) – Increase in employment – Increased internal and foreign investment – Increase in agricultural and industrial production – Steady increase in State revenue – Low inflation rate – Improvement in the delivery of basic services – Decrease in the percentage of population affected by food insecurity 24 09-49451 S/2009/439 Annex II United Nations Stabilization Mission in Haiti: countries providing military staff and contingents (as at 25 August 2009) Staff officers Country Females Males Females Males Total Argentina 9 30 521 560 Bolivia 3 10 195 208 a Brazil 15 7 1 260 1 282 Canada 5 — — 5 Chile 6 14 480 500 Croatia 2 — — 2 Ecuador 1 — 66 67 France 2 — — 2 Guatemala 5 6 107 118 Jordan 10 — 718 728 Nepal 10 10 1 054 1 074 Paraguay — — 31 31 Peru 4 — 204 208 Philippines 2 — 175 177 Sri Lanka 10 — 949 959 United States of America 1 Uruguay Total a 09-49451 Troops 1 3 — — 4 13 37 1 083 1 133 100 114 6 843 7 058 Including the Force Commander. 25 S/2009/439 Annex III Composition and strength of the police component of the United Nations Stabilization Mission in Haiti (as at 25 August 2009) Number of United Nations police Country 26 Number of formed police units Female Male Female Male Argentina 0 14 0 0 Benin 1 29 0 0 Brazil 0 3 0 0 Burkina Faso 0 21 0 0 Cameroon 1 12 0 0 Canada 11 80 0 0 Central African Republic 1 2 0 0 Chad 0 14 0 0 Chile 1 14 0 0 China 4 15 6 119 Colombia 0 27 0 0 Côte d’Ivoire 4 63 0 0 Croatia 0 3 0 0 Democratic Republic of the Congo 0 2 0 0 Egypt 0 31 0 0 El Salvador 2 12 0 0 France 3 50 0 0 Grenada 0 3 0 0 Guinea 4 51 0 0 India 0 11 0 139 Jamaica 0 5 0 0 Jordan 0 33 0 290 Madagascar 0 9 0 0 Mali 1 41 0 0 Nepal 2 52 12 113 Niger 2 49 0 0 Nigeria 0 0 17 106 Pakistan 0 0 0 247 Philippines 5 17 0 0 Romania 4 16 0 0 Russian Federation 1 10 0 0 Rwanda 0 11 0 0 Senegal 0 36 0 85 Serbia 1 4 0 0 09-49451 S/2009/439 Number of United Nations police Country Female Male Female Male Spain 5 39 0 0 Sri Lanka 0 2 0 0 Switzerland 0 1 0 0 Togo 0 5 0 0 Turkey 1 45 0 0 United States of America 4 39 0 0 Uruguay 0 6 0 0 Yemen 0 3 0 0 58 880 35 1 099 Total Grand total 09-49451 Number of formed police units 938 1 134 2 072 27 S/2009/439 28 09-49451