(2012-08) MINUSTAH - Rapò Sekretè Jeneral la sou Misyon Nasyonzini pou Estabilizasyon an Ayiti (S/2012/678)
Rezime — Rapò Sekretè Jeneral la sou Misyon Nasyonzini pou Estabilizasyon an Ayiti (MINUSTAH), yo soumèt bay Konsèy Sekirite Nasyonzini anba senbòl S/2012/678 nan out 2012. Li bay kont sou evolisyon sitiyasyon an Ayiti pandan peryòd la : sitiyasyon politik ak sekirite, dwa moun, sitiyasyon imanitè ak pwogrè nan mizanplas manda misyon an.
Dekouve Enpotan
- Rapò Sekretè Jeneral la sou Misyon Nasyonzini pou Estabilizasyon an Ayiti (MINUSTAH), senbòl S/2012/678, out 2012.
- Kouvri sitiyasyon politik, sekirite, dwa moun ak imanitè an Ayiti pandan peryòd la.
- Evalye mizanplas manda misyon an epi bay rekòmandasyon bay Konsèy Sekirite a.
- Fè pati seri kontinyèl rapò Sekretè Jeneral sou Ayiti (MINUSTAH, MINUJUSTH, BINUH).
Deskripsyon Konple
Rapò Sekretè Jeneral Nasyonzini sou Misyon Nasyonzini pou Estabilizasyon an Ayiti (MINUSTAH) yo te soumèt bay Konsèy Sekirite a anba senbòl S/2012/678 (out 2012). Antan yon edisyon rapò peryodik Sekretè Jeneral la sou prezans Nasyonzini an Ayiti, li prezante evolisyon peryòd la : pwosesis politik ak gouvènans, anviwònman sekirite, eta dwa ak dwa moun, sitiyasyon imanitè, ansanm ak yon apresyasyon sou mizanplas manda misyon an ak rekòmandasyon bay Konsèy Sekirite a. Li fè pati seri kontinyèl rapò Sekretè Jeneral sou Ayiti ki kouvri manda MINUSTAH, MINUJUSTH ak BINUH. Chif ak konsta presi yo ta dwe site dirèkteman nan rapò a.
Teks Konple Dokiman an
Teks ki soti nan dokiman orijinal la pou endeksasyon.
S/2012/678
United Nations
Security Council
Distr.: General
31 August 2012
Original: English
Report of the Secretary-General on the United Nations
Stabilization Mission in Haiti
I. Introduction
1.
By its resolution 2012 (2011), the Security Council extended the mandate of
the United Nations Stabilization Mission in Haiti (MINUSTAH) until 15 October
2012, 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
from the issuance of my report of 29 February 2012 (S/2012/128) until 31 August
2012, and outlines activities undertaken by the Mission in line with its mandate
under Security Council resolutions 1542 (2004), 1608 (2005), 1702 (2006), 1743
(2007), 1780 (2007), 1840 (2008), 1892 (2009), 1908 (2010), 1927 (2010), 1944
(2010) and 2012 (2011).
II. Political and security update
Political situation
2.
During the reporting period, a number of long-awaited political milestones
were reached, indicating that the process of stabilization continues to progress in
Haiti. The achievements included the ratification by the Senate of a new Prime
Minister and the publication of the corrected version of the constitutional
amendments that had been pending since June 2011. The establishment of the
Superior Council of the Judiciary (provided for in a 2007 law to strengthen the
independence of the judiciary, but only now constituted) represents a further stride
by the Government in strengthening rule of law institutions. The process to establish
the country’s first Permanent Electoral Council has, however, been mired in
controversy, with some political parties represented in Parliament and civil society
leaders questioning the integrity of the Council and its ability to organize credible
elections.
3.
On 17 April, a group of members of the former armed forces and young
recruits, some of whom were carrying small arms, assembled in front of Parliament
to request an audience with legislators regarding the purported plan of the Haitian
National Police to forcefully dislodge them from sites that they had illegally
occupied throughout the country. On 18 April, the President of Haiti, Michel Joseph
Martelly, condemned the incident, calling for public order. In response to their
demand for the reinstatement of the army and the disbursement of severance
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payments, he emphasized that, while the establishment of a second security force
continued to be one of his priorities, it could be done only with full respect for the
law. The following day, at a meeting of the Superior Council of the Haitian National
Police chaired by the caretaker Prime Minister, Garry Conille, it was agreed that the
situation would be resolved through negotiation. The possible use of more robust
measures was also explored. As an auxiliary measure, on 6 May, MINUSTAH
launched Operation Sunrise, intended to curtail the movement of people carrying
illegal weapons. On 18 May, two days after the installation of the new Government,
the police, supported by MINUSTAH, proceeded to vacate the 10 main occupied
sites throughout the country. The operation was conducted without incidents or
casualties. In June, the authorities brought to an end the group’s illegal activities.
4.
In May, Parliament ratified the President’s choice of Laurent Lamothe as
Prime Minister. On 8 May, the final day in office of 10 outgoing senators, the Senate
endorsed Mr. Lamothe’s general policy statement, which was based on the
President’s “5 E” programme (employment, rule of law, environment, energy and
education). On 14 May, the Chamber of Deputies voted in favour of Mr. Lamothe by
a substantial majority. Two days later, Mr. Lamothe and his Cabinet of 22 ministers
(including seven women), were sworn in. On 6 August, the Prime Minister
announced a partial reshuffling of the Cabinet, including the replacement of Thierry
Mayard-Paul as Minister of the Interior. Mr. Mayard-Paul was subsequently
appointed as an adviser by the President.
5.
Parliament adjourned its first legislative session of 2012 on 14 May. The
legislation adopted and sent for promulgation to the executive included the budget
for the period 2011-2012, a bill governing the Office of the Ombudsman and a bill
regulating banks and other financial institutions. On 29 June, during the second
session of Parliament, the Government submitted for approval the draft budget for
the period 2012-2013, which was adopted by the Chamber of Deputies on
10 August. A number of parliamentarians called for a precise accounting of funds
spent on social programmes by the Government.
6.
On 19 June, in a ceremony attended by the presidents of both chambers of
Parliament and of the Supreme Court, the President of Haiti announced the
publication of a corrected version of the constitutional amendments, as adopted by
Parliament on 9 May 2011. Although the process of publication was marred by
procedural irregularities, many welcomed the amendments, which include the
establishment of a permanent electoral council, a constitutional council (responsible
for exercising judicial review of constitutional matters) and a quota of 30 per cent
women’s representation in the Government, in addition to allowing for the
possibility of holding multiple citizenship. Opponents of the publication contested
the President’s authority to publish the corrected amendments.
7.
This development was followed on 3 July by the formal establishment by the
President of the Superior Council of the Judiciary, one of the three entities, along
with Parliament and the executive, responsible for selecting members of the
Permanent Electoral Council under the amended Constitution. Early in July, the
President and the Prime Minister officially stated their intention to hold partial
legislative, municipal and local elections by the end of 2012. In the ensuing weeks,
the three branches of the Government initiated negotiations to each designate three
of the nine members of the Permanent Electoral Council. Following a vote by the
Superior Council of the Judiciary on the designation of three people to serve on the
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Permanent Electoral Council, two members of the Superior Council resigned from
their posts, questioning the validity of the vote and alleging undue influence on the
vote by the executive.
8.
Following the establishment on 15 August, by presidential decree, of a sixmember Permanent Electoral Council, including three members nominated by the
executive and the Superior Council of the Judiciary, the President’s spokesperson
called upon Parliament to follow suit in nominating its three representatives. The
Senate, following the end of the term of office of 10 senators on 8 May, has to date
failed to reach a quorum in order to designate its three representatives, however. A
number of legislators, citing their lack of trust in the selection process, have
advocated the creation of a provisional electoral council.
9.
On 16 August, a political party, Parti Haitien Tèt Kale, was officially
registered at the Ministry of Justice and Public Security. It is led by the Chief of
Staff of the President, Anne-Valérie Timothée Milfort.
Security assessment
10. The overall security situation throughout the reporting period remained
relatively stable, with sporadic instances of civil unrest linked primarily to
socioeconomic grievances and the instability caused by elements of the former
armed forces and new recruits.
11. Crime statistics collected by the national police and MINUSTAH showed a
significant increase in homicides during the reporting period. There was a monthly
average of 99 homicides from March to July 2012, up from 75 per month during the
same period in 2011. July 2012 was the most violent month since the earthquake of
January 2010, with 134 homicides. From March to July 2012, there was a downward
trend in the number of kidnappings, with a monthly average of 10 kidnappings,
compared to an average of 14 during the same period in 2011. Violence continues to
be concentrated in major urban centres. The metropolitan area of Port-au-Prince and
the surrounding densely populated communes remain the zones most highly affected
by criminal activity. During the reporting period, 65 per cent of all homicides in
Haiti occurred in Port-au-Prince, some 85 to 90 per cent of which took place in the
sensitive areas of the communes of Port-au-Prince (the areas of Bel Air, Fort
National and Martissant), Cité Soleil, Carrefour and Croix des Bouquets. In those
areas, armed gangs remain the main source of insecurity, committing murders,
kidnappings and robberies. Gangs are also involved in narcotics and small arms
trafficking, racketeering and the fight for territorial influence.
12. Although the performance of the national police has continued to improve, the
institution is not yet in a position to assume full responsibility for the provision of
internal security throughout the country. In this context, MINUSTAH military and
police personnel continued to play a vital role in maintaining overall security and
stability. The Mission, in concert with the national police, focused its efforts on the
protection of vulnerable groups, in particular women and children, and maintained
its military and police presence in violence-prone areas and camps for internally
displaced persons.
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III. Humanitarian and recovery update
13. Haiti continued to face significant humanitarian challenges during the
reporting period, with many earthquake-affected camp residents remaining
dependent on assistance for their basic survival. In June 2012, more than
390,000 internally displaced persons were living at 575 sites. This figure represents
a reduction of 73 per cent compared to the data for July 2010, when 1,555 camps
were home to 1.5 million displaced persons. At the current rate, more than
230,000 internally displaced persons are projected to still be living in camps by the
end of 2012. While important progress has been made, significant humanitarian
needs remain. Living conditions in the camps have deteriorated as humanitarian
actors progressively withdraw for lack of funding, among other reasons. Haitians
living in camps in which sanitation standards are inadequate are extremely
vulnerable to natural hazards and to acute diarrhoeal infections and cholera. Since
July 2010, more than 65,000 people have been evicted from 155 camps. An
additional 80,000 camp residents currently face the threat of eviction from
153 camps. During the reporting period, in excess of 1.1 million children in more
than 3,200 schools nationwide remained dependent on food assistance provided by
the World Food Programme, in collaboration with the United Nations Children’s
Fund (UNICEF) and the World Bank.
14. Recovery and reconstruction efforts progressed, albeit slowly. Of the
10 million cubic metres of debris produced by the earthquake of January 2010,
70 per cent had been removed by June 2012. The United Nations country team alone
managed the removal of more than 820,000 cubic metres and will reach 1 million
cubic metres by the end of 2012. According to figures from March 2012, national
Governments and multilateral institutions have disbursed 46.7 per cent ($2.57 billion) of
the $5.50 billion in recovery programme funds that they pledged at the International
Donors’ Conference entitled “Towards a New Future for Haiti”, held in New York
on 31 March 2010. The creation of the Housing and Public Buildings Construction
Unit attached to the Office of the Prime Minister contributed to improved
coordination and implementation of return and relocation programmes. To date,
more than 500,000 persons have benefited from the construction of
110,000 transitional shelters, the granting of 15,000 rental housing subsidies and the
provision of other assistance. Since September 2011, the Government-led “16/6”
relocation programme, which, together with United Nations agencies, originally
aimed to support the residents of six camps and rehabilitate the 16 neighbourhoods
from which most of them were displaced, has cleared at least 22 camp sites, both
large and small, and relocated 5,000 families. Most of the camps, more than 70 per
cent of which are located on private land, are not covered by this programme, and
there remains no plan to provide durable housing solutions for their residents. The
United Nations country team and partners have been supporting the development by
the Government of a policy on housing and urban development, in addition to
advocating the provision of redress for those living in camps and informal
settlements. Such a policy would be a major step forward in the progressive
realization of the right to adequate housing, in particular for poorer communities,
and will hopefully include protective measures against forced evictions for
inhabitants of the camps on both public and private land.
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IV. Activities of the Mission
Support for the political process
15. My Special Representative has engaged intensively with political decision
makers in Haiti to advocate progress on critical political processes such as the
publication of the corrected constitutional amendments, the installation of the
Superior Council of the Judiciary, the establishment of a dedicated task force for the
preparation of the forthcoming elections and the elaboration of a legislative agenda
for the continuing parliamentary session. My Special Representative has made
proposals to the President, the Prime Minister and the presidents of the Senate and
the Chamber of Deputies on how MINUSTAH can, in line with its mandate, support
their policy goals to strengthen institutions, improve the rule of law and promote
sustainable development in Haiti. MINUSTAH has closely cooperated with the
country’s international partners, including the diplomatic corps in Port-au-Prince, to
create momentum around the Government’s key priorities.
Support for the forthcoming elections
16. Owing to delays in the designation of the members of the Permanent Electoral
Council, the partial legislative, municipal and local elections — postponed since
November 2011 — could not be held before 8 May 2012, when one third of the
senators reached the end of their term of office. The terms of mayors, town
delegates, communal section councils and assemblies expired in 2011. In the
absence of the designated members of the Permanent Electoral Council, institutional
support from MINUSTAH, assisted by the United Nations Development Programme
(UNDP), was inevitably limited, focusing mainly on strengthening the capacity of
key technical staff, delimiting electoral constituencies and reviewing electoral
logistics plans and an electoral bill. The new Director General of the Permanent
Electoral Council took office on 7 August. The forthcoming elections will be the
most complex to be held in Haiti since 2006, with an expected 35,000 candidates. In
the past, local elections have been the most acrimoniously contested, often
accompanied by violence. On 3 August, my Special Representative wrote to the
President to outline the steps required to hold elections at the end of 2012.
Military
17. The military component of MINUSTAH continued to fulfil its primary mission
of maintaining a secure and stable environment, in addition to enabling the delivery
of humanitarian assistance, ensuring disaster response preparedness, planning
logistics for the upcoming elections and supporting recovery efforts. In addition to
the above-mentioned Operation Sunrise, the military component took part in several
security operations in conjunction with the national police, including operations
Meritas, Boucler Port-au-Prince I and Boucler Port-au-Prince II, targeting gang
activities in the Port-au-Prince area. The military component also conducted two
operations on the island of Gonâve, reinforcing the presence of the national police
assigned there.
18. In addition to providing extensive engineering support to the Mission, the
MINUSTAH military engineering companies supported a wide range of Government
recovery priorities linked to disaster risk mitigation and the improvement of living
and security conditions, such as improvements to national police facilities,
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construction of new police stations, debris removal, well-drilling, road repair, land
preparation for the construction of schools and hospitals, and installation of
prefabricated units for the judiciary and other State institutions. The engineering
units continued to prepare for the hurricane season by draining rivers and canals,
including in camps for internally displaced persons.
Police
19. The development of the national police has been challenged by political
deadlocks, including delays in key appointments such as the Prime Minister and the
Inspector General in Chief of the national police, both of whom are also members of
the Superior Council of the Haitian National Police. The delays paralysed progress
in the first half of the reporting period, including the overall endorsement of the
national police development plan. In a positive development, on 15 August, the
Government nominated Godson Orelus, the former Director of the judicial police, as
Director General ad interim of the national police. Pending ratification by the
Senate, he will replace Mario Andrésol, whose term expired on 18 August.
20. The five-year development plan (2012-2016), drafted jointly by the national
police and the Mission’s police component, was officially submitted by the Director
General to the Superior Council on 1 March. To ensure execution of the plan
pending its final endorsement, the Government held a high-level summit on 29 June,
attended by the President, members of the Superior Council, members of the Senate,
civil society representatives, key bilateral partners and MINUSTAH. At the summit,
MINUSTAH and the national police presented a joint proposal for a one-year
interim strategic plan linking specific short-term objectives and commitments by
major donors with the goals of the long-term development plan. The urgent
priorities include budgetary support from the Government and donors with a
particular focus on recruitment campaigns to augment the size of police promotions.
21. One of the plan’s main objectives is to achieve a minimum of 15,000 serving
police officers by 2016. This would require entry-level training at the Police School
for up to 1,200 cadets in each promotion cycle, considerably more than has been the
case in recent promotions. It would also require sustained efforts to reinforce the
capacity of middle-level and senior officer ranks to ensure adequate on-the-job
training and supervision of new recruits. Furthermore, the rapid growth of the ranks
of the national police would necessitate further improvements in its logistic and
administrative capacity to administer and deploy large numbers of new officers
around the country. Lastly, the addition of 5,000 new officers by 2015 will lead to a
considerable increase in budgetary requirements, which will need to be met by the
Government and international donors.
22. During the reporting period, entry-level training of police cadets faced serious
challenges. The twenty-third promotion began on 18 April with only 241 cadets,
owing to a significant number of applicants failing the final medical screening.
Concerned at the low intake, the national police extended the application deadline
for the twenty-fourth promotion, allowing MINUSTAH to support a vigorous
recruitment campaign conducted in police stations throughout Haiti. Consequently,
26,147 applicants, including 1,934 women, sat the written exams. On 23 July, the
national police announced that 14,070 candidates, including 1,070 women, had
passed the written exams and would be screened through physical and medical tests,
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followed by interviews late in September. Furthermore, surplus successful
candidates would be rostered for future promotions.
23. Progress in vetting police officers has been slow. To date, not a single officer
has been dismissed as a result of the vetting exercise begun in 2006 by an integrated
national police and MINUSTAH committee. Vetting centres have been established in
6 of the country’s 10 departments, with the remaining 4 scheduled to be operational
by January 2013. By July 2012, 1,034 new case files had been opened. On 14 May,
background checks began for the cadets in the twenty-third promotion. Separately,
138 cases vetted before the earthquake were reviewed jointly with a high-level
national police committee, which, in a final report submitted on 11 June,
recommended the removal of 92 of the police officers reviewed. The Director
General has submitted the names of 79 of those officers to the Minister of Justice
and Public Security for his approval of their dismissal.
Protection of vulnerable groups
24. During the reporting period, and in close coordination with camp committees,
MINUSTAH continued its community policing efforts in camps for the internally
displaced, in particular in high-risk areas where women are vulnerable to sexual and
gender-based violence. Of the remaining 575 sites, 5 high-risk and 2 medium-risk
camps have been secured by a 24-hour security presence, 29 by a semi-permanent
presence and approximately 70 non-permanent camps by daily patrols. The
remaining sites are patrolled randomly. Beginning in April 2012, MINUSTAH
police and military brought to an end their provision of 24-hour security in three
camps: Acra Nord/Sud, Champs de Mars and Acra 238. The Mission handed over
security responsibility for those camps to the national police, leaving only four
locations secured by a 24-hour MINUSTAH security presence (Jean-Marie Vincent
No. 1, Jean-Marie Vincent No. 2, Petionville Club and Corail). Further handover to
the national police will continue, with only Jean-Marie Vincent, a high-risk camp,
expected to require a permanent co-location with MINUSTAH presence in one
year’s time.
25. MINUSTAH led a joint working group, including UNICEF and the
International Organization for Migration, in reviewing a bill on human trafficking
that has been pending before Parliament since 2010. In recognition of the additional
vulnerability faced by women in fragile communities, MINUSTAH continues to
ensure that 30 per cent of the beneficiaries of each community violence reduction
project are women (see below).
Community violence reduction
26. Under its programme to reduce community violence, MINUSTAH continued
to conduct stabilization initiatives in fragile urban communities to tackle the
persistent weakness of security institutions, socioeconomic challenges and political
volatility. During the reporting period, it conducted large-scale labour-intensive
projects, professional skills training, income-generating activities and psychosocial
and awareness-raising initiatives, primarily targeting at-risk young people in urban
areas. The Mission completed 63 projects from the budget for the period 2010-2011
and initiated another 57 projects, valued at $9 million, from the budget for the
period 2011-2012, including 36 labour-intensive projects on watershed management,
city infrastructure and canal rehabilitation that provide temporary employment for
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51,000 at-risk young people, of whom 30 per cent are women, while also mitigating
flood risks and improving urban sanitation for the wider community. In Port-auPrince, Gonaïves and Cap-Haïtien, 1,300 young people (including women) are
receiving income-generating support. The Mission continues to collaborate closely
with its Haitian counterparts, in particular the Ministry of the Interior and the
Ministry of Youth, Sports and Civic Action, to build capacity with regard to
measures to reduce violence. In addition, UNDP has provided technical and
capacity-development support to strengthen the National Observatory on Violence
and Crime, which is linked to the State University of Haiti.
Support to State institutions
27. MINUSTAH supported efforts by the elected municipal councils to finalize
performance reports on their mandated period in office from 2006 to 2011, with
75 per cent of municipalities completing the exercise during the reporting period.
This activity, aimed at institutionalizing a culture of accountability, was hampered
by several factors, including political uncertainty caused by the replacement by
presidential decree of more than 60 per cent of the country’s 140 municipal councils
whose term in office had expired in 2011 and the weakness of the internal
management procedures of the Ministry of the Interior. The Mission and the
Ministry participated jointly in planning and supervising the preparation of
140 municipal budgets for the fiscal year 2012-2013. In this challenging
environment, MINUSTAH continued to support the Government’s decentralization
priorities at the central and departmental levels by reinforcing established local
coordination mechanisms to identify locally driven solutions to security and conflict
issues.
28. From 9 to 11 March, the Mission facilitated a parliamentary retreat for
52 parliamentarians representing all political affiliations with a view to encouraging
debate on the Haitian anti-corruption legal framework between parliamentarians and
institutions involved in efforts to combat corruption. The retreat culminated in the
adoption of a declaration in which the legislature committed itself to approving
pending anti-corruption legislation and to strengthening the autonomy of the AntiCorruption Unit. To date, however, the difficulty in reaching a quorum in the Senate
since 8 May has prevented the holding of a session to review and adopt the
aforementioned bill.
Quick-impact projects
29. During the reporting period, MINUSTAH focused on funding and
implementing quick-impact projects for earthquake-affected communities, while
identifying projects in the following four priority areas defined by the Mission’s
leadership in September 2011: cholera mitigation; security lighting; road and
infrastructure rehabilitation; and rule of law and education infrastructure (including
schools and municipal and departmental public institutions). By mid-July, the
Mission had fully allocated the quick-impact budget of $7.5 million for the period
2011-2012, covering 177 projects, and closed all 229 projects from the fiscal year
2010-2011. As at 15 July, the Mission had approved 36 projects representing
35.5 per cent of the $5 million budget for the fiscal year 2012-2013.
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Justice
30. MINUSTAH and UNDP supported the Ministry of Justice and Public Security
in devising a road map for rule of law reform. This included the organization in June
of a national meeting, chaired by the Ministry of Justice and Public Security, on the
problem of excessive pretrial detention. MINUSTAH and UNDP continued to
support the Ministry, including through the strengthening of the Judicial
Inspectorate and the Ministry’s planning unit. In particular, UNDP supported a
capacity development assessment of the Ministry, which resulted in an action plan
for its institutional reform. MINUSTAH and UNDP also supported the Superior
Council of the Judiciary, whose functions include the administration of the judicial
branch, the certification of certain magistrates before appointment and judicial
discipline.
31. MINUSTAH approached external and international donors for the funding of
the national legal aid programme. The support of UNDP in three regional pilot
jurisdictions in Jacmel, Port-de-Paix and Fort-Liberté resulted in improved justice
service delivery and decreased the levels of pretrial detention. UNDP and
MINUSTAH jointly trained local magistrates, police officers and Prison
Administration agents in investigation techniques and judicial identification in
several regions. During the reporting period, MINUSTAH executed 17 quick-impact
projects to construct and rehabilitate courts and provide them with office equipment.
Meanwhile, 26 prefabricated units were installed for tribunals and civil registry
offices throughout the country and the rehabilitation and equipping of the Institute
of Forensic Medicine building was completed. The Mission also provided technical
assistance in drafting a new legal basis for the Institute of Forensic Medicine.
MINUSTAH and UNDP continued to provide technical assistance to the School of
Magistrates, through which 20 magistrates who graduated from the initial training
programme conducted in France were deployed to various jurisdictions as judges or
prosecutors. The magistrates also benefited from an on-the-job training programme
supported by UNDP, while MINUSTAH provided technical assistance to working
groups preparing new criminal and criminal procedure codes.
Corrections
32. Notwithstanding the efforts to reduce the rate of illegal and prolonged pretrial
detention by reviewing pending cases, which led to the release of numerous
individuals, the growing number of new arrests has meant that the rate has remained
high. As part of its programme aimed at improving correctional practices,
MINUSTAH trained 105 Haitian corrections officers in the country’s 16 prisons.
The mentoring and training provided to medical personnel notwithstanding, inmate
death rates increased significantly, primarily as a result of the resurgence of cholera
and tuberculosis. A total of 69 deaths from various causes were reported for the first
half of 2012, compared to an annual total of 43 in 2011. MINUSTAH is working
closely with health partners and the Prison Administration leadership to enhance
health services, although the absence of qualified staff remains a significant
challenge. MINUSTAH corrections officers have also been embedded in the Office
of the Ombudsman and in the internal investigations branch of the national police,
so as to raise awareness and increase capacity for intervention within the prison
environment, in an effort to ensure that appropriate action is taken in cases of
negligence and serious human rights violations. Efforts continued to build the
capacity of the prison registration system, enabling the identification and release of
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prisoners irregularly detained. Following the endorsement of standard operating
procedures for correctional facilities by the Haitian authorities, MINUSTAH is
working with the Prison Administration on their implementation. MINUSTAH
completed the installation in eight prisons of prefabricated facilities to be used as
administrative offices and inmate classrooms. MINUSTAH has also provided
technical support to the Prison Administration in the final phase of the opening of
the Croix des Bouquets prison.
Human rights
33. The political stalemate and absence of a functioning Government in the early
part of the reporting period constituted major obstacles to progress in the promotion
and protection of human rights. The Mission maintained its focus on the
investigation and reporting of human rights violations. In June 2012, it published a
report on the inadequate response by the criminal justice sector to rape complaints
filed in the Port-au-Prince metropolitan area and issued recommendations on how
victims of rape and other sexual crimes could better gain access to justice, which are
also informing the Mission’s engagement with the authorities. The limited efforts by
the police and judiciary to investigate the killings that were the subject of public
MINUSTAH reports in 2011 have not achieved significant results. Political will is
needed to advance efforts to combat impunity, in particular following the
controversial statement by the Haitian magistrate leading the investigation of former
President Jean-Claude Duvalier that the statute of limitations blocked prosecution of
the well-documented human rights crimes under the Duvalier regime. MINUSTAH
continues to conduct capacity-building and awareness-raising activities throughout
the country. It has established good working relations with the Minister with special
responsibility for promoting human rights and combating extreme poverty and has
also provided assistance to the Office of the Ombudsman to prepare a law consistent
with the Principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles). The law was adopted by
Parliament in May and is awaiting promulgation by the President. MINUSTAH
continues to advocate adequate financial support for the Office from the State,
especially to ensure a country-wide presence.
Gender
34. The Mission provided support to the Ministry of Women’s Affairs and
Women’s Rights in running safe spaces for survivors of sexual and gender-based
violence established in three camps for internally displaced persons, in addition to
coordinating the creation of similar spaces in seven national police stations. The
Mission, in collaboration with the International Organization for Migration,
organized 28 training sessions for national police officers on police response to
sexual and gender-based violence, in addition to 27 training sessions for Haitian
legal professionals on legal recourse for victims of sexual violence. MINUSTAH
held a five-day training-of-trainers session for 30 community leaders (20 women
and 10 men) as part of a “zero violence” platform to support the establishment of
community networks to raise awareness of how to prevent sexual and gender-based
violence. The Mission supported advocacy campaigns that led to the adoption of the
above-mentioned constitutional amendment providing for a quota of at least 30 per
cent women’s participation in public decision-making. Support was also provided to
women’s networks for the organization of 360 training and awareness-raising
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workshops that culminated in the adoption of a national platform of action for
women and their communities that was officially submitted to the President by
representatives of women’s organizations.
Child protection
35. During the reporting period, MINUSTAH received reports of violations of
children’s rights, including 128 cases of rape, 6 cases of kidnapping, 5 cases of child
trafficking, 7 cases of homicide and 3 cases in which children were shot and injured,
frequently during shoot-outs between rival gangs. The reports are shared weekly
with the national police Brigade for the Protection of Minors for follow-up.
Concerning child trafficking, MINUSTAH briefed civilian agents of the Brigade and
local communities against smuggling and trafficking of children at border posts with
the Dominican Republic and established a hotline hosted by the Brigade to report
child trafficking and other offences against children. After sustained advocacy by
MINUSTAH and the juvenile justice sectoral group led by the Ministry of Justice
and Public Security with the support of UNICEF, the juvenile court resumed
hearings in June 2012 and has been processing most pending cases, 82 per cent of
which involve minors in pretrial detention. Following advocacy by MINUSTAH in
cooperation with UNICEF and other stakeholders, on 11 June, Parliament ratified
the Convention on Protection of Children and Cooperation in respect of Intercountry
Adoption.
HIV/AIDS
36. Through a joint United Nations team on AIDS, 11 United Nations agencies
continued to conduct HIV prevention awareness-raising activities and an anti-stigma
campaign throughout Haiti. The joint team is working closely with the First Lady of
Haiti, Sophia Martelly, to implement a year-long advocacy and communication
campaign to eliminate mother-to-child transmission. To reach young people, United
Nations agencies have partnered with civil society organizations and have integrated
HIV prevention education into conferences and training workshops on leadership,
gender, human rights and women’s rights. In the area of governance, the joint team
assisted the Government in the reform of the Haiti Country Coordinating
Mechanism for the Global Fund to Fight AIDS, Tuberculosis and Malaria, resulting
in continued funding of $34 million for HIV prevention. Notwithstanding a decrease
in the HIV prevalence rate in Haiti over the past five years and the fact that the
latest statistics show an adult HIV prevalence rate of 1.9 per cent, the country
continues to have one of the highest HIV prevalence rates in the world.
Conduct and discipline
37. The Conduct and Discipline Unit delivered 62 training sessions for 1,368
MINUSTAH personnel. In consultation with senior civilian, military and police
managers, the Mission developed an integrated strategy to enhance accountability
by Mission leaders aimed at preventing misconduct. The strategy led to a
strengthened focal point network and an increase in reporting by personnel owing to
enhanced awareness of their obligations.
38. An increase in thefts of high-value property and equipment was noted. The
Mission has stepped up security at key locations and has received extensive
assistance from the Haitian authorities in investigating the thefts. The Mission and
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the Government are cooperating to ensure that those responsible are brought to
justice and, to the extent possible, that the stolen property and equipment are
recovered.
Safety and security of United Nations personnel
39. The most significant risks facing the United Nations in Haiti come from
opportunistic crime (which is sometimes violent), civil unrest focused on local
issues, road traffic accidents and natural disasters. To help to manage the risks and
to enable United Nations activities, the United Nations Security Section
consolidated its capacity and training in crisis alert and response, forming an
operations and response unit and expanding its search and rescue capability. It also
improved its security information management processes, creating a unified
database of all United Nations personnel working in Haiti, including agencies, funds
and programmes. It also increased cooperation and coordination on security
management issues with the host Government, especially regarding official
procedures for the investigation of theft of or damage to United Nations property.
Public information and outreach
40. During the reporting period, MINUSTAH continued to use public information
as a strategic tool to support the implementation of its mandate. Public information
efforts continued through international and national media relations and regular
press conferences, in addition to timely issuance of press releases and other
products, including through the Mission’s radio, website, social media and
television productions. Radio MINUSTAH FM continued providing support to
efforts to prevent cholera, ensure disaster and hurricane preparedness, and promote
national reconciliation and the rule of law. In close coordination with other
MINUSTAH components and United Nations agencies, the Mission produced its
weekly 15-minute video programme on topics of interest to the Haitian public
concerning its work and current affairs, which is broadcast on seven national
television stations and eight diaspora television stations in the United States of
America, in addition to being disseminated by the nine multimedia centres in the
regions.
Mission support
41. MINUSTAH finalized its review of the Santo Domingo Support Office as a
back office for administrative support. Implementation of the recommendations is in
progress and will result in a reduction in operational expenses of the Office and a
further nationalization of staffing positions. The United Nations and the
Government of the Dominican Republic are continuing to work on the elaboration
of a memorandum of understanding concerning support for MINUSTAH with a view
to further reducing the financial impact on the Mission.
V. Humanitarian, recovery and development activities
Coordination between the Mission and the United Nations country team
42. During the reporting period, MINUSTAH and the United Nations country team
finalized the draft of the new integrated strategic framework for the period
2013-2016, which identifies United Nations priorities and is aligned with the
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Government’s strategic development plan. The new framework has been drafted in
close consultation with the Government and addresses a new context of transition,
dominated by two broad trends: the shared commitment of the Government and of
international partners to focus on strengthening Haitian institutions to fully manage
the delivery of basic social services; and the gradual downsizing of the Mission’s
presence. The number of joint programmes involving at least two United Nations
agencies and the Government, which are managed by the United Nations country
team, has increased to a total of 11, 6 of which are funded through the Haiti
Reconstruction Fund. In June 2012, actual funding of joint programmes stood at
$184 million of a total required budget of $274 million.
43. The Deputy Special Representative of the Secretary-General and United
Nations Resident Coordinator and Humanitarian Coordinator, in his capacity as
Chair of the Group of Twelve (the group of main donors in Haiti), and in
collaboration with UNDP, worked with the Government to develop a new aid
coordination framework that was endorsed by the Government Council (comprising
all Cabinet ministers and headed by the Prime Minister). The framework is pending
approval by the Council of Ministers, which is chaired by the President. It replaces
the Interim Haiti Recovery Commission, whose mandate expired in October 2011,
and comes under the auspices of the Ministry of Planning and External Cooperation.
It is intended to help the Government to ensure increased transparency in foreign aid
transactions and to strengthen the Government’s capacity to manage external
resources. Similarly, a cluster system transition plan is being developed. Following
the deactivation, on 30 June, of several humanitarian clusters in favour of nationally
led coordination mechanisms, only four critical clusters remain (camp coordination
and camp management/shelter; health; water, sanitation and hygiene; and
protection). Those clusters will be maintained until the end of 2012, while support is
redirected from clusters to counterpart Haitian institutions.
44. Since 2010, a top priority of MINUSTAH and the United Nations country team
has been the institutional strengthening of governance at the national and local
levels. To this end, United Nations agencies, programmes and funds currently have a
total of 835 staff (693 national staff and 142 international staff) deployed in national
and local government entities in order to strengthen institutional capacity and
provide technical assistance.
United Nations efforts with regard to the cholera epidemic
45. According to the Ministry of Public Health and Population, the cholera
epidemic has caused more than 7,440 deaths. A total of 580,947 people were
infected during the period from October 2010 to 15 July 2012. From 1 January to
1 August 2012, the Ministry’s monitoring and alert system recorded more than
35,000 new cases. A binational initiative to eliminate cholera from the island of
Hispaniola was launched in January 2012. Under the leadership of the Ministry of
Public Health and Population, Government institutions, the World Health
Organization, UNICEF and other key actors are developing a strategic plan for the
period 2013-2022, with a special focus on the coming two years. The system
remains weak and underreports cases, however. With the onset of the rainy season
early in March, the number of new cholera cases increased, although the case
fatality rate has remained constant at 1.3 per cent. The World Health Organization
projects a possible 112,000 cases in 2012. The United Nations and partners have
supported the establishment, upgrading and maintenance of oral rehydration points
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and cholera treatment units and centres, in addition to developing guidance on
surveillance, case management, containment and case referral. The National
Directorate for Water and Sanitation was supported to respond to cholera spikes and
distribute household water treatment products to more than 30,000 families. The
United Nations and partners have also supported prevention, including through
community-level outreach to 700,000 families and by positioning 2 million
household water treatment products nationwide. The resurgence of the cholera
outbreak is particularly worrying, however, since non-governmental organizations
that responded at the beginning of the epidemic are phasing out their support for
lack of funding. Consequently, support for the transfer of responsibilities to the
Ministry of Public Health and Population, as foreseen in the national strategy, has
decreased, as has the capacity to treat cholera cases effectively. The integration of
efforts to combat cholera into the national health system is experiencing significant
challenges, in part caused by delays in the decentralization of response efforts and
structural weaknesses within the health system. The Ministry of Public Health and
Population and partners are taking measures to introduce necessary improvements.
Office of the Special Envoy for Haiti
46. In support of the Government, the Office of the Special Envoy is continuing its
work with the Deputy Special Representative of the Secretary-General and United
Nations Resident Coordinator and Humanitarian Coordinator, the United Nations
country team and donors on the implementation of the accompaniment approach,
which sets forth practical implementation principles that ask donors and their
partners to channel more funding to local public and private institutions to help to
promote access to services and jobs for the most vulnerable. While such principles
are not new and are reflected in the global aid effectiveness agenda, a careful
analysis of funding flows makes clear that there remains significant work to be done
in the implementation of the principles. For example, of the $5.78 billion disbursed
by bilateral and multilateral donors to Haiti for recovery, humanitarian and
development efforts from 2010 to 2012, an estimated 10 per cent ($556 million) has
been disbursed to the Government through its own systems. In this regard, the
Office of the Special Envoy is partnering with the Peacebuilding Support Office and
the Overseas Development Institute on a new research project examining lessons
learned in the delivery of aid to Haiti. The project will culminate in an end-of-year
report comparing the way in which aid is delivered in Haiti to that in other fragile
settings and making recommendations on how delivery can be improved in such
contexts. The Office of the Special Envoy is also supporting UNDP work with the
Ministry of Planning and External Cooperation on establishing a comprehensive aid
information management system, which will be an integral part of the aid
coordination framework outlined above.
VI. Outline of a reconfiguration and consolidation plan for
the Mission
47. As Haiti is once again setting its sights on longer-term stabilization and
development goals and has made important strides in strengthening its political and
rule of law institutions, MINUSTAH has continued to draw down its postearthquake surge and has further reduced activities linked to the challenges caused
by the earthquake. To ensure that the Mission continues to adjust to these evolving
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conditions, at my request, my Special Representative, in collaboration with the
United Nations country team, has consulted the Government and international
partners on a plan for a reconfiguration and conditions-based consolidation of
MINUSTAH. The Mission intends to continue developing this plan and to review
and adjust it periodically as circumstances require.
48. The plan foresees a narrowing of the Mission’s activities to a core set of
mandated tasks that are achievable within a reasonable time frame (envisioned to be
a period of between four and five years for planning purposes) aimed at
consolidating stabilization gains to a point beyond which the presence of a large
peacekeeping operation will no longer be required. The Mission will work with the
Government, civil society, the United Nations country team and international
partners to agree on a transition compact that will set out a limited number of
stabilization benchmarks that will serve as key indicators of progress in the
stabilization process. On security, the level of operational effectiveness of the
national police will constitute the main benchmark that should guide the pace of the
drawdown of the Mission’s uniformed personnel. Other benchmarks will evaluate
the maturity of key rule of law oversight and accountability mechanisms, which are
fundamental in firmly rooting a culture of rule of law, in addition to the status of
related legislative and regulatory frameworks. The capacity of Haitian institutions to
organize and coordinate transparent, fair and credible elections with limited external
assistance will guide the reduction of elections-related tasks by MINUSTAH.
49. The Mission’s consolidation proposals assume that its military component will
gradually hand over responsibility for security to formed police units and,
ultimately, to the national police as the latter’s numbers and capacity grow. The
transfer from military to formed police units is already completed in 4 of the 10
departments (South, Grand-Anse, Nippes and North-West). By July 2013,
MINUSTAH intends to concentrate its military presence into five security hubs
(Port-au-Prince, Léogâne, Gonaïves, Cap-Haïtien and Ouanaminthe). This gradual
concentration of the military presence would be balanced by the deployment of
formed police units to the vacated departments, a transition model that has already
proved effective. In partnership with MINUSTAH police, the military component
will also explore ways to contribute to the mentoring and training of the national
police, such as in the area of maritime security.
50. I therefore recommend that the Security Council consider reducing the
Mission’s authorized military strength from 7,340 to 6,270 troops through a
balanced withdrawal of 1,070 infantry and engineering personnel by June 2013.
Furthermore, as the Mission further concentrates its efforts on national police
mentoring and development, phases out operational policing activities by its
individual police officers and rationalizes its police component structure, I
recommend a reduction of the authorized police strength from 3,241 to 2,601
personnel by June 2013, which will be attained by the withdrawal of 400 individual
officers by early 2013 and a reduction in the number of formed police units to 10 by
June 2013. Those reductions would coincide with current troop and police rotation
schedules and may also take into account the calendar for the upcoming partial
legislative, municipal and local elections.
51. The Mission will also restructure its civilian components to reflect the reduced
scope of its activities. As a first step, MINUSTAH will concentrate all support
functions for its presence in the 10 departments into four regional hubs. It will also
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seek to strengthen programmatic ties and co-locate wherever possible with the
country team, giving the latter the opportunity to further decentralize its presence
throughout Haiti and to plan for the gradual drawdown of the peacekeeping
operation. Given the anticipated drop in donor funding for the United Nations
country team programmes, the Mission will assist in the development of a resource
mobilization strategy.
VII. Financial aspects
52. By its resolution 66/273, the General Assembly appropriated the amount of
$648,394,000 for the maintenance of MINUSTAH for the period from 1 July 2012
to 30 June 2013. Should the Security Council decide to extend the mandate of
MINUSTAH beyond 15 October 2012, the cost of maintaining the Mission will be
limited to the amounts approved by the General Assembly.
53. As at 21 August 2012, unpaid assessed contributions to the Special Account
for MINUSTAH amounted to $162.5 million. The total outstanding assessed
contributions for all peacekeeping operations as at that date amounted to
$3,470.8 million.
54. As at 21 August 2012, amounts owed to troop and formed police unit
contributors to MINUSTAH totalled $20.5 million. Reimbursement of troop and
contingent-owned equipment costs have been made for the periods up to 31 May
2012 and 31 March 2012, respectively, in accordance with the quarterly payment
schedule.
VIII. Observations
55. The swearing-in of a new Government, the publication of a corrected version
of the constitutional amendments and the establishment of the Superior Council of
the Judiciary are important milestones in Haiti’s efforts to strengthen its democratic
and rule of law institutions. The steps already taken by the new Government to
attract foreign investment, combat corruption and smuggling and promote industrial
projects aimed at creating jobs are indicators of a genuine desire to move forward
with socioeconomic development. Those measures had long been expected by the
Haitian electorate and I commend the country’s authorities for displaying leadership
and forging the necessary compromises to achieve such results.
56. Government measures to dislodge elements of the former armed forces and
new recruits who had been illegally occupying sites throughout the country averted
a challenge to law and order and demonstrated an encouraging improvement in the
response capacity of the national police. I encourage the Government to follow
through on its promises to make final payments of severance arrears to eligible
members of the former armed forces.
57. The political process in Haiti remains vulnerable to setbacks linked to political
instability, lack of respect for the rule of law and unmet social grievances. In this
context, I urge the new Government to do its utmost to continue to strengthen the
country’s rule of law institutions and to redouble its efforts to combat
unemployment and poverty. I encourage Haitian political actors to engage in the
elaboration of a consensual legislative agenda that promotes institution-building,
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safeguards investment, protects human rights and puts an end to a culture of
impunity.
58. The constitutional amendments published in June have finally provided the
basis for the establishment of the Permanent Electoral Council, the absence of
which has been detrimental to political stability in recent years. It is of paramount
importance that the Council be constituted and operate with the utmost integrity and
the support of all institutions. In this regard, I encourage all stakeholders to engage
in a constructive dialogue to allow for the holding of credible and long-overdue
elections, which will help to revitalize Haitian institutions and minimize the
institutional vacuum following the end of the terms of 10 senators on 8 May. It is
particularly important that the Government mobilize its share of resources for the
electoral budget, including the funding required to build the management and
administrative capabilities of the Permanent Electoral Council. As before, the
United Nations stands ready to support the electoral process.
59. In the light of the progress achieved in recent months, I am optimistic that
Haiti’s leaders have an opportunity to make genuine progress in rebuilding the
nation, strengthening institutions, attracting investment, promoting sustainable
development and entrenching respect for the rule of law and human rights.
Reiterating my intention to continue to consolidate the presence of MINUSTAH, I
recommend that the Security Council extend the mandate of the Mission for an
additional year, until 15 October 2013, while incorporating the adjustments
recommended in paragraphs 47 to 51 of the present report.
60. The strengthening of the national police remains a key prerequisite for the
Mission’s eventual withdrawal from Haiti. I welcome the President’s stated
intention to focus on the continued strengthening of this institution so that it can
provide security throughout Haiti. Recent steps by the Government, with the
Mission’s assistance, to increase the numbers of police recruits, in particular female
recruits, are encouraging and should help to accelerate the currently insufficient
intake of new police cadets. To ensure the continued and sustainable growth of the
national police, I invite the Government to address with greater focus the
strengthening of the institution’s administrative capacity and to reinforce its middlelevel and senior officer ranks. In this context, I urge the Government and Member
States to commit themselves to ensuring that the needed funding is made available
to support a professional, reliable and accountable police force.
61. I should like to conclude by expressing my sincere gratitude to my Special
Representative, Mariano Fernández, to my Special Envoy, the former President of
the United States, William J. Clinton, and to the men and women of MINUSTAH,
troop-contributing countries, police-contributing countries and the United Nations
country team and its partners for their continued dedication and commitment in
support of stability and development in Haiti.
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Annex I
United Nations Stabilization Mission in Haiti: countries
providing military staff and contingents, as at
15 August 2012
Staff officers
Country
Females
Argentina
Bolivia (Plurinational State of)
1
Brazil
Canada
Troops
Males
Females
Males
Total
12
49
662
723
2
11
195
209
21
a
1 896b
19
1
1 856
4
5
Chile
3
13
484
500
Ecuador
1
1
65
67
France
3
Guatemala
5
Indonesia
1
Japan
2
Jordan
8
Nepal
12
Paraguay
1
3
10
123
167
168
2
212
216
242
250
342
362
159
160
8
138
Peru
6
8
358
372
Philippines
2
11
144
157
Republic of Korea
2
4
236
242
Sri Lanka
11
850
861
United States of America
9
Uruguay
12
37
885
934
115
175
6 980
7 272c
Total
2
9
a Including one Bolivian attached to the Brazilian contingent.
b The Force Commander is employed on a United Nations contract and hence not reflected in
the troop strength.
c In its resolution 2012 (2011), the Security Council decided that the Mission’s overall force
levels would consist of up to 7,340 troops of all ranks.
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Annex II
United Nations Stabilization Mission in Haiti: countries
providing police and formed police units, as at
17 August 2012
Number of United Nations police
Country
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Female
Number of formed police units
Male
Female
Male
Argentina
2
11
–
–
Bangladesh
–
10
106
214
Benin
–
36
–
–
Brazil
–
2
–
–
Burkina Faso
29
53
–
–
Burundi
10
30
–
–
Cameroon
5
51
–
–
Canada
7
51
–
–
Central African Republic
1
3
–
–
Chad
1
8
–
–
Chile
3
8
–
–
China
–
16
–
–
Colombia
3
22
–
–
Côte d’Ivoire
12
110
–
–
Croatia
–
5
–
–
Egypt
–
31
–
–
El Salvador
4
12
–
–
France
3
31
–
–
Grenada
–
–
–
–
Guinea
1
15
–
–
Guinea-Bissau
–
–
–
–
India
2
1
–
460
Indonesia
1
9
–
–
Italy
–
–
–
–
Jamaica
–
1
–
–
Jordan
–
41
–
320
Kyrgyzstan
–
1
–
–
Lithuania
–
–
–
–
Madagascar
1
3
–
–
Mali
2
27
–
–
Nepal
–
16
10
130
Niger
14
68
–
–
Nigeria
1
7
–
–
Norway
2
4
–
–
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Number of United Nations police
Country
Female
Male
Female
Male
Pakistan
–
13
–
140
Philippines
1
29
–
–
Romania
1
16
–
–
Russian Federation
1
2
–
–
Rwanda
11
25
9
151
Senegal
2
17
–
140
Serbia
–
5
–
–
Sierra Leone
1
3
–
–
Spain
2
21
–
–
Sri Lanka
2
28
–
–
Sweden
1
1
–
–
Togo
–
1
–
–
Turkey
2
25
–
–
Thailand
6
9
–
–
United States of America
14
79
–
–
Uruguay
2
2
–
–
Yemen
–
18
–
–
150
977
125
1 555
Subtotal
Total
a
20
Number of formed police units
1 127
1 680
2 807a
In its resolution 2012 (2011), the Security Council decided that the Mission would have a
police component of 3,241 officers.
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