(2016-03) MINUSTAH - Report of the Secretary-General on the United Nations Stabilization Mission in Haiti (S/2016/225)
Summary — Report of the Secretary-General on the United Nations Stabilization Mission in Haiti (MINUSTAH), submitted to the United Nations Security Council under symbol S/2016/225 in March 2016. It reports on developments in Haiti during the reporting period, covering the political and security situation, human rights, the humanitarian situation, and progress in implementing the mission's mandate.
Key Findings
- Report of the Secretary-General on the United Nations Stabilization Mission in Haiti (MINUSTAH), symbol S/2016/225, March 2016.
- Covers the political, security, human rights and humanitarian situation in Haiti over the reporting period.
- Assesses implementation of the mission's mandate and makes recommendations to the Security Council.
- Part of the continuous series of Secretary-General reports on Haiti (MINUSTAH, MINUJUSTH, BINUH).
Full Description
This report of the United Nations Secretary-General on the United Nations Stabilization Mission in Haiti (MINUSTAH) was submitted to the Security Council under document symbol S/2016/225 (March 2016). As one edition in the Secretary-General's periodic reporting on the United Nations presence in Haiti, it sets out developments over the reporting period across the political process and governance, the security environment, the rule of law and human rights, and the humanitarian situation, together with an assessment of the mission's mandate implementation and recommendations to the Security Council. It forms part of the continuous record of Secretary-General reports on Haiti that spans the MINUSTAH, MINUJUSTH and BINUH mandates. Specific figures and findings should be cited directly from the report.
Full Document Text
Extracted text from the original document for search indexing.
S/2016/225
United Nations
Security Council
Distr.: General
8 March 2016
Original: English
Report of the Secretary-General on the United Nations
Stabilization Mission in Haiti
I. Introduction
1.
By its resolution 2243 (2015), the Security Council extended the mandate of
the United Nations Stabilization Mission in Haiti (MINUSTAH) until 15 October
2016 and requested that I report on its implementation semi -annually and not later
than 45 days before its expiration. The present report covers major developments
since the issuance of my report of 31 August 2015 (S/2015/667) up to 1 March 2016
and outlines activities undertaken by the Mission in line with its mandate under the
relevant Council resolutions, most recently 2243 (2015). An update on the
consolidation plan of the Mission is provided in annex I to the present report.
II. Political developments
2.
The reporting period was dominated by the political uncertainty generated by
the holding of general elections for the Presidency, 20 Senate and 119 Lower House
seats, 140 municipal administrations and 570 municipal district councils and
assemblies. Following the first round of legislative election s on 9 August, the first
round of presidential, second round of legislative and single round of municipal
elections were conducted on 25 October. However, the third round vote scheduled
for 27 December was postponed repeatedly and is still pending.
3.
In preparation for the election of 25 October, the Provisional Electoral Council
implemented a series of corrective measures aimed at addressing lessons learned
from the vote on 9 August. In addition to technical measures, the Provisional
Electoral Council decided to disqualify candidates alleged to have been involved in
violence and disruption, and organized reruns in all constituencies where less than
70 per cent of tally sheets had been recovered. On 28 September, the Provisional
Electoral Council announced the postponement of local elections from the second
round of 25 October to the last electoral round.
4.
On 25 October, the elections were held in a generally calm environment, with
a reported 26.6 per cent voter turnout and minor incidents. A total of 52 presidential,
196 legislative and over 7,000 municipal candidates ran in the elections. In addition
to the deployment of 43,297 accredited national observers, 917,068 accreditation
cards were issued to party poll watchers to observe activities in the coun try’s
13,725 polling stations. Fourteen of 20 senators and 92 of the 119 Lower House
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members were sworn in. The international observation missions, including the
European Union and the Organization of American States, noted significant
technical improvements compared with the first round. Nevertheless, allegations of
widespread fraud began to emerge shortly after the vote. Subsequent allegations
against electoral officials led to requests by opposition candidates and national
observer groups for a verification of the vote.
5.
In response to a petition from a group of opposition presidential candidates, on
2 November, the Provisional Electoral Council announced the appointment of a
special commission to review 162 complaints in respect of the 25 October vote. The
special commission found 116 complaints to be non-receivable and processed the
remaining 43, delaying the publication of the preliminary results to 5 November.
6.
The final results of the first round of the President ial elections ranked Jovenel
Moïse (Parti Haïtien Tèt Kale) in first place with 511,992 votes (32.81 per cent),
followed by Jude Célestin (Ligue Alternative pour le Progrès et l ’Emancipation
Haïtienne) with 394,390 votes (25.27 per cent). Third -placed Jean-Charles Moïse
(Pitit Dessalines) received 222,646 votes (14.27 per cent), with Maryse Narcisse
(Fanmi Lavalas) ranking fourth with 110,049 votes (7.05 per cent).
7.
Notwithstanding continued vocal protests by the group of eight opposition
presidential candidates, including Jude Célestin, only two candidates filed
challenges. The ensuing adjudication process revealed some irregularities, resulting
in the recommendation to discard 26 tally sheets as well as the removal of the votes
for the highest-scoring candidates from the remaining 52 tally sheets.
8.
The final results were published on 24 November, confirming the second round run-off between the two highest-ranked candidates. On 29 November, the
group of eight opposition candidates issued a press release stating that free,
transparent and democratic elections could not be organized under President
Martelly and prompting a boycott of the second round by the Célestin campaign. At
that point, objections to the electoral process had progressively grown to in clude not
only all of the opposition, but also important segments of society.
9.
On 22 December, President Martelly established an Independent Electoral
Evaluation Commission tasked with reviewing the presidential election process. The
Commission’s report, submitted on 3 January 2016, set out recommendations and
noted that the 25 October polls were marred by irregularities benefitting several
candidates. It was also concluded in the report that the Provisional Electoral Council
had lost its credibility. The technical recommendations, which were subsequently
implemented by the Provisional Electoral Council, included measures to improve
transparency. In the meantime, on 21 December, the Provisional Electoral Council
postponed the third electoral round of 27 December. A new electoral date was
eventually set for 24 January 2016.
10. The final legislative results were announced on 18 December 2015. More than
18 political parties won seats in Parliament. While the party of outgoing President
Martelly, the Parti Haïtien Tèt Kale, won the largest numbers of seats, it fell far
short of securing a majority in either chamber. Vérité, the political party of former
President René Garcia Préval, also fared well, winning a substantial number of seats
in both chambers. No women were elected to either chamber, notwithstanding a
constitutional requirement for a 30 per cent quota. The newly elected Lower House
members were sworn in on 10 January 2016, followed by the newly elected senators
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on 11 January. Both chambers elected their leadership, with Cholzer Chancy as
President of the Lower House and Jocelerme Privert as President of the Senate. All
the elected parliamentarians took their oath of office, amidst criticism by opposition
political parties.
11. On 22 January, two days before the elections, which had been postponed until
24 January, the Provisional Electoral Council suspended electoral operations sine
die, citing security concerns following an increasing number of attacks against
electoral installations and threats against electoral personnel. Following the
postponement, four additional councillors of the Provisional Electoral Council
resigned, including council President Pierre Louis Opont, leaving only three
councillors of the original nine, rendering the Council inoperative. The
postponement also made it impossible to elect a new Head of State before the end of
the presidential constitutional mandate, on 7 February 2016.
12. A period of dialogue ensued among various stakeholders, culminating in the
signing of an agreement between President Martelly and the Presidents of the two
legislative chambers on 5 February. The agreement enabled President Martelly to
leave office on 7 February as prescribed by the Constitution and called for the
National Assembly to elect, indirectly, a provisional President for a period not
exceeding 120 days. The provisional President would then nominate a new Prime
Minister and cabinet, revitalize the Provisional Electoral Council and complete the
outstanding third electoral round on 24 April 2016, allowing for the inauguration of
a new President of the Republic on 14 May 2016.
13. On 14 February, the National Assembly elected Senate and National Assembly
President Jocelerme Privert as the provisional President of the Republic, with
77 parliamentary votes against former Senate President Edgard Leblanc ’s 34 votes,
in a two-round process. A formal ceremony was held at the National Palace the next
day. On 27 February, Fritz Alphonse Jean was installed as Prime Minister designate.
14. Throughout the electoral process, the Provisional Electoral Council
spearheaded the organization and management of the elections, progressively
improving technical and operational aspects based on lessons learned. The United
Nations Development Programme (UNDP), the United Nations Office for Project
Services (UNOPS), MINUSTAH and other international partners provided technical
and logistic support to, inter alia, improve the training of electoral staff, including in
the vote tabulation centre; broaden the outreach of sensitization campaigns and
organize civic education activities; and produce reference material for national
police, polling staff and judges on electoral violation. Assistance was also provided
to the Provisional Electoral Council in ensuring timely delive ry and recovery of
electoral material.
15. The Government of Haiti provided the largest share of the financial
requirements for the organization of the elections. With a contribution of roughly
$23 million — 36 per cent of the $64 million mobilized — the Government remains
the largest donor to the electoral basket fund administered by UNDP. In addition, It
allocated $3 million to the national police, per round, and provided funds for the
operational costs of the electoral council. The postponement of the l ast round of
elections will incur an estimated additional $9 million for operational and logistics
support through UNDP and UNOPS, depending on decisions taken by a new
electoral council.
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III. Security developments
16. The security environment remained influenced by the electoral process. While
the 25 October polls unfolded relatively peacefully, the reporting period saw a surge
in protests, some accompanied by violence. Generally, criminality remained at the
same levels as those in the reporting periods covered by my two previous reports,
including in the Departments from which the military withdrew in 2015.
17. Fewer security incidents were reported on 25 October than during the polls of
9 August; 33 election-related incidents, targeting voting centres mainly concentrated
in the south-east, north and south, occurred on 25 October, compared with
202 election-related incidents on 9 August reported nationwide. The 13 per cent
voting centre closure rate seen in the 9 August polls, following security -related
issues, dropped to 2 per cent for the 25 October polls. No casualties were reported,
whereas a total of seven fatalities were linked to the elections of 9 August. Election
security for the 25 October polls was primarily provided by the Haitian National
Police, which were present in all 10 Departments, with 7,387 personnel deployed.
This represented a 10 per cent increase compared with the 9 August polls. The
increased deployment allowed for a more visible and pre -emptive posture, resulting
in a relatively higher number of arrests on 25 October (248) compared with the
previous round (132). MINUSTAH police and military components were called
upon twice to support the national police.
18. A peak in violence was reported in the days surrounding the signature of the
political accord of 5 February. After a group of armed individuals associated with
former armed forces paraded in Port-au-Prince on 5 February, one man in military
uniform was killed in a confrontation with demonstrators. On 6 February, several
attacks in the West Department against the main market area in Port -au-Prince, a
police station in Arcahaie, a bus and two bank branches in Cabaret were reported.
On 7 February, armed confrontations between rival gangs erupted in Cité Soleil
(West Department) and violent demonstrations were reported in Port-au-Prince
(West Department) following the conclusion of the National Assembly session.
MINUSTAH military and police pre-emptively redeployed to the capital from the
regions to provide additional and visible deterrence capacity to the national police
were able to manage the protests. The election of the provisional President on
14 February concluded without any reports of major incidents.
19. Crime statistics for the period from 1 September 2015 to 1 March 2 016,
collected by the national police and MINUSTAH, indicated 567 reported homicides.
In comparison, 486 homicides were registered between 1 March and 31 August
2015 and 538 between 1 September 2014 and 1 March 2015. Nearly 83 per cent of
the 567 homicides remained concentrated in the metropolitan area of Port-au-Prince,
almost half of which were reportedly gang-related. In total, 44 kidnappings were
registered, compared with 29 between 1 March and 31 August 2015 and 29 between
1 September 2014 and 1 March 2015. Reported cases of rape totalled 218,
indicating greater stability following the 223 cases reported between 1 March and
31 August 2015 and the 220 cases reported between 1 September 2014 and 1 March
2015. The Ministry for the Status of Women and Women’s Rights suggested that the
numbers may have been higher owing to underreporting, in particular in Cité Soleil
(West Department), where gangs were reportedly the main perpetrators.
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20. The total number of public protests was 689, of which 275 were report ed to
have elements of violence ranging from the use of road barricades, destruction of
property and throwing of stones, to assaults against police officers and shootings.
Those numbers indicate a substantial increase from 399 (of which 151 were violent)
during the period from 1 March to 31 August 2015 and a more significant rise from
215 (of which 104 were violent) during the period from 1 September 2014 to
1 March 2015, reflecting the volatility of the current reporting period. The West
Department remained the most affected, with 52 per cent (361) of the 689 recorded
events, followed by the North Department with 9 per cent and the South Department
with 8 per cent. Protests were generally small-scale; an estimated 84 per cent
(576 events) involved fewer than 300 persons. Another 11 per cent (75 events)
ranged from 300 to 1,000 persons, while 5 per cent (38 events) involved more than
1,000 protesters. Election-related protests totalled 318 events, representing 46 per
cent of the 689 reported protests, surpassing the 136 triggered by socioeconomic
grievances.
21. The police component of MINUSTAH (see annex II) assisted the national
police in crime reduction operations and checkpoints by jointly performing 2,372
checkpoints, 3,254 foot patrols and 16,176 vehicle patrols and conducting 47 joint
operations, including 41 in Cité Soleil (West Department). Military peacekeepers
(see annex III) conducted 3,892 operations, 452 of which were joint patrols with the
national police and the United Nations police. In addition, the military component
conducted 18 platoon-sized quick reaction force deployments to 14 different
communities in seven departments, using MINUSTAH aviation assets.
22. On 30 December 2015, MINUSTAH found that two of its police officers had
been killed by gunshot in their residences in Cap-Haïtien. The investigation,
conducted by the national police, with assistance from the Office of Internal
Oversight Services (OIOS) and MINUSTAH, is ongoing.
IV. Rule of law and human rights
23. MINUSTAH and United Nations country team capacity-building activities in
support of the justice and human rights system aimed at enhancing acceptance of the
rule of the law and strengthening relevant institutions and mechanisms. Support
focused on specific institutions, including the police, the prison service, the
Superior Council of the Judiciary, courts and prosecutors in three departments
(North, South and West), legal aid offices, the national ombudsperson and the
Inspectorate General of the national police.
A.
Rule of law
24. In the last year of the implementation of the 2012 -2016 development plan, the
national police has demonstrated both its commitment and its ability to advance its
capabilities and increasingly provide full security to the Haitian people, evidenced,
inter alia, during the electoral period and in its improved crowd control capacity.
The Government of Haiti, through the Superior Council of the National Police, has
continued its support to the national police and has demonstrated leadership i n
ensuring coherence in the provision of international assistance. Together with
national and international stakeholders, MINUSTAH continued supporting the
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implementation of the priorities of the 2012-2016 development plan, which informs
the assistance of the United Nations and international partners. Less than 10 months
before its completion, 60 per cent of the five-year plan has been accomplished, with
10 activities completed, 42 activities at an advanced stage, while preparing the
transition for the 18 others that are in their early stages of implementation. While
tangible progress has been achieved, further improvement remains necessary,
including in the fields of criminal investigation procedures, firearms control,
institutional policies, police intelligence, the use of force procedures, budget
execution and strategic planning.
25. The total strength of the police has decreased slightly, from the 11,900 officers
reported in my previous report (S/2015/667) to 11,728 officers, including
998 women, resulting in an overall police-to-population ratio of 1.07 per
1,000 citizens. This reduction was mainly due to the dismissal of officers, voluntary
resignations and officers killed on duty as well as off duty. The police academy
started training its twenty-sixth class, with 1,506 cadets (including 190 women), in
the autumn of 2015. Another class of 1,500 recruits will be trained during the
second half of 2016. The objective is to reach close to 15,000 officers by the e nd of
2016 and a ratio of 1.32 per 1,000 inhabitants.
26. Twelve police infrastructure facilities were constructed or reconstructed, and
approximately 1,000 handheld radios for communications and 161 vehicles, were
provided to the national police. The Inspectorate General of the national police
received 275 complaints, conducted 303 investigations and submitted 246 reports
with recommendations for sanctions to the Director General, resulting the expulsion
of 27 police officers. The Inspectorate General continued holding monthly internal
meetings and press conferences to enhance awareness of its work.
27. With support from MINUSTAH and donors, the community policing and
outreach approach developed in Croix-des-Bouquets has been expanded to reach
other areas. A total of 57 national police officers have received basic training in
community policing principles. The model was launched at the Fort National
commissariat In Delmas, MINUSTAH trained 88 national police officers in crime
reduction in public schools. The establishment of a sexual and gender-based
violence) investigations unit within the Central Directorate of the Judicial Police is
ongoing. To date, 19 police investigators of sexual and gender-based violence have
completed specialized training, with more training scheduled for 2016. The standard
operating procedures for such investigations is awaiting endorsement by the
leadership of the national police.
28. Through its community violence reduction programme, MINUSTAH has
continued to work closely with urban communities, selected Haitian ministries and
the United Nations country team. In the Port-au-Prince neighbourhoods of
Martissant and Cité Soleil, which are particularly affected by gang violence,
1,919 vulnerable women have received medical examinations and psychosocial
support through community violence reduction programmes. Funding in the amount
of $3 million has been approved for 19 new projects. In addition, seven projects
worth $1 million were launched with partners, targeting some 16,420 direct
beneficiaries, 30 per cent of whom are women).
29. MINUSTAH provided financial and technical support to legal aid offices in
Cap-Haïtien and Les Cayes, targeting detainees in pre-trial detention. As a result,
980 cases were processed, of which 46 per cent were closed, resulting in
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340 releases. In Port-au-Prince, the five offices supported by the Mission have dealt
with 3,929 cases, resulting in the release of 1,462 persons. Nevertheless, owing to a
continuously high number of detainees admitted to prisons, overcrowding remains a
serious challenge. Following training seminars organized jointly by the Secretary of
State for Justice and MINUSTAH, an on-call duty system for judges was
implemented to ensure their continuous availability. This allowed for immedi ate
court hearings, thereby expediting the processing of criminal files in Port-au-Prince,
Les Cayes and Cap-Haïtien.
30. MINUSTAH and international partners continued to support legal reform,
including by facilitating the finalization of the criminal pro cedure code. Similar to
the drafting of the penal code, United Nations and international partners supported
48 consultative workshops on the draft criminal procedure code for actors in the
legal system and civil society institutions in Cap -Haïtien, Gonaïves, Port-au-Prince,
Hinche and Les Cayes. Both the penal code and criminal procedure code have yet to
be adopted by Parliament.
31. Since my previous report, the rate of pre-trial detention has decreased only
slightly, from 71.5 to 71.0 per cent. MINUSTAH advised the Penitentiary
Administration Directorate on the content of the prison health -care policy, which is
expected to be mainstreamed into the national health -care policy. The 2014-2016
development plan for the national prison service, developed with a dvice from
MINUSTAH, reflects the Government’s commitment to advancing prison reforms.
MINUSTAH launched a social reintegration initiative in the Cap -Haïtien prison and
a school programme for minors in conflict with the law in the women ’s prison at
Pétionville and the Centre de rééducation des mineurs en conflit avec la loi.
MINUSTAH also assisted the Penitentiary Administration Directorate in developing
tools and training to standardize prisoner record management, facilitate access to
prisoner data by judicial authorities and improve prison infrastructure at Cabaret,
Fort Liberté, Hinche and Petit-Goâve while working with partners on the
construction of four new prisons funded by the Bureau of International Narcotics
and Law Enforcement Affairs of the United States Department of State. One new
prison has been completed, while the remaining three are expected to be completed
within the next six months. Prison staffing has nonetheless remained a critical
problem, with only 1,498 personnel for a prison populati on of 11,081.
B.
Human rights
32. The human rights of detainees continued to be of serious concern to the
Mission. Only 3 of the 17 detention facilities under the jurisdiction of the
Penitentiary Administration offer slightly more than 1 square metre per detainee,
well below international standards; the 4,544 detainees in the national penitentiary
are crammed in at three persons per square metre. These conditions, coupled with
the fact that detainees spend more than 23 hours a day confined to the ir cell,
amounts to cruel, inhuman and degrading treatment, as indicated by the Human
Rights Committee in its concluding observations on the initial report of Haiti on the
implementation of the International Covenant on Civil and Political Rights
(CCPR/C/HTI/CO/1). An important number of the detainees have been unlawfully
arrested, and most pretrial detainees have had their right to a fair trial within a
reasonable period irremediably compromised.
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33. During the reporting period, MINUSTAH received allegations of human rights
abuses by the national police special units for crowd control and interventions.
Investigation by MINUSTAH suggests that excessive and unreasonable force was
sporadically used, along with lethal weapons, during otherwise legitimate
operations, to restore public order and to search for and arrest suspects in Arcahaie
and Port-au-Prince in September and October 2015. There was also evidence of
intimidation of the population by the police. T he Inspectorate General of the
national police and MINUSTAH have investigated a video published on social
media in which national police officers are seen severely mishandling two men. The
Inspectorate General is following up with recommendations and corre ctive
measures. A clear normative framework notwithstanding, disciplinary and judicial
investigations into allegations of unlawful use of force by the national police
remained limited. While the Inspectorate General has responded to formal requests,
it has been reluctant to open ex-officio investigations.
34. On 15 January 2016, the Committee on the Rights of the Child examined the
second and third periodic reports of Haiti on the implementation of the Convention
on the Rights of the Child (CRC/C/HTI/2-3). It addressed in particular issues
relating to children of detained parents, child trafficking and cases of exploitation of
children for transactional sex by United Nations peacekeepers. The Commit tee
adopted its concluding observations on 29 January.
35. While the exploitation of children is a crime under national legislation, the
practice of placing children in domestic service (restaveks) is widespread.
According to a 2015 study led by the Ministry of Social Affairs and Labour, more
than 200,000 children are exploited in this manner, and many are subjected to
physical, emotional and sexual abuse. The Committee on the Rights of the Child
recommends that Haiti criminalize the practice, for which no one has been
prosecuted to date.
V. Institutional support and strengthening of State authority
36. MINUSTAH continues its work, in close collaboration with the Ministry of the
Interior and Local Government, in support of decentralization and local government
and in preparing newly elected mayors and municipal councils expected to take
office in 2016. Municipal authorities continue to demonstrate resilience in the face
of political uncertainty at the national level. As at 31 January, all 140 municipa lities
had been able to formulate their own budgets; the vast majority had developed
complementary action plans and are leading on local disaster response coordination
mechanisms.
37. MINUSTAH supported the municipalities in updating the “mayors’ manual”
and the municipal budget and in surveying more than two thirds of some
30,000 properties in Les Cayes (south) and Jérémie (Grande’Anse) by investigating
officers from the Ministry of the Interior and Local Government from September
2015 to January 2016, and through the operationalization of a new digital financial
management system. MINUSTAH also supported the training of 114 key municipal
personnel from 16 different communes in the North and North -East Departments in
planning, accounting, conflict management and gender mainstreaming. This same
training is currently being replicated in 11 communes in the South. Meanwhile,
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MINUSTAH continues to advocate for statutory protection and guarantees for key
municipal workers.
38. Quick-impact projects, totalling $2,445,969 invested from 1 July 2015 to
15 January 2016, have focused on the reconstruction of local court houses, police
stations and the provision of public lighting. Projects have also supported
livelihoods, the provision of clean drinking water for 500,0 00 beneficiaries, and the
fight against cholera.
39. At the request of the Prime Minister, MINUSTAH supported the Provisional
Electoral Council in organizing 82 pre-electoral forums with local authorities,
political parties and candidates, civil society, women’s groups, young people and
local media between August and December, with over 100 civil society
organizations per department.
VI. Update and activities on humanitarian and development needs
A.
Humanitarian activities
40. While the country’s humanitarian situation remains complex, the decline in
humanitarian funding from $155 million in 2014 to $55 million in 2015, according
to the financial tracking system of the Office for the Coordination of Humanitarian
Affairs of the Secretariat, undermines the ability of the United Nations to support
the Government and civil society in the provision of relief.
41. From 1 January to 31 December 2015, the Ministry of Public Health and
Population reported 36,045 suspected cholera cases and 322 deaths. The se figures
exceed the 27,388 suspected cholera cases reported in 2014. However, with a total
of 13,018 cases during the last three months of 2015 compared with 18,444 during
the same period in 2014, the last quarter of 2015 registered the lowest rate of
outbreaks since the beginning of the epidemic. Improved surveillance, rapid alerts
and a coordinated response by Haitian authorities, the United Nations and other
international partners have permitted a reversal of the increase in cases.
42. The High-level Committee for the Elimination of Cholera, co-chaired by the
Minister of Health and my Special Representative, met on 21 December.
Participants advocated for a continuation of the national strategy on cholera,
combining rapid response to outbreaks with continuous investment in water, health
and sanitation infrastructure. The Haitian health authorities view this strategy as a
priority for all water-borne and infectious diseases. Funding for the national strategy
on cholera and for the continued provision of a response to cases, albeit a priority, is
declining.
43. Three years of drought, compounded by El Niño in 2015, have exacerbated the
poverty and hunger of many households. Alternative livelihood strategies and
coping mechanisms have been exhausted. According to the results of an emergency
food security assessment conducted by the World Food Programme and the
Government in December 2015, 1.5 million Haitians are currently severely food
insecure, which is more than double the number from six months ago. A recent
study conducted by the United Nations Children’s Fund (UNICEF) and the
Government revealed that, in some areas, malnutrition rates are above emergency
levels. The 2015 spring harvest, which accounts for over 50 per cent of national
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annual production, fell below average, with losses of up to 70 per cent in some
areas. Without rain in the 2016 spring season, farmers will lose their third
consecutive harvest, on which they would normally depend to feed their families.
44. The reporting period also saw the continuation of the issue of the status of
Haitians or persons of Haitian origin living in the Dominican Republic. From July
2015 through mid-January 2016, the International Organization for Migration (IOM)
registered more than 69,000 persons returning to Haitian territory; 42,404 were
recorded as spontaneous returns, while 15,747 were deported officially.
45. The situation of many returnees remains difficult, owing to insufficient
reception capacity; limited institutional and financial resources on the Haitian side
of the border; and tensions in border communities, which has led to the
establishment of informal settlements. In the area of Anse -à-Pitre (South-East),
2,203 registered persons have settled in six makeshift camps in dire conditions,
prompting the Independent Expert on the situation of human rights in Haiti to urge
the Haitian authorities to take immediate steps to improve living conditions. A
recent inter-agency vulnerability assessment confirmed the urgent need for
humanitarian and protection assistance, which should be focused on legal aid and
access to clean water, food and medicine. MINUSTAH and UNICEF, in
coordination with other partners, have monitored and assisted cases of
unaccompanied minors deported from the Dominican Republic. Meanwhile, IOM is
working on voluntary relocation options.
46. According to IOM, six years after the earthquake of January 2010, 59,720
individuals remain internally displaced in 37 sites and camp -like settlements in
Haiti, often in precarious conditions. Between July and December 2015, return
programmes offering rental subsidies led to the closure of 10 sites and the relocation
of about 578 internally displaced households. Funding is available to resettle, on a
voluntary basis, all 7,000 internally displaced families who remain under tents and
in precarious shelters by the end of 2016.
B.
Development activities
47. The current political crisis is affecting development spending. In the absence
of a Government that is capable of making financial commitments, international
lending and development programmes have been negatively affected. Nevertheless,
based on the recommendations of the regional United Nations Development Group,
which visited Haiti in November 2015, the elaboration of the United Nations
Development Assistance Framework has begun and will continue throughout 2016,
in consultation with the national authorities that are expected to emerge from the
ongoing electoral process, civil society and international technical and financial
partners.
48. Preliminary figures show that economic growth for the fiscal year ending on
30 September is only 1.7 per cent. This reflects the impact of political uncertainty,
the drought and decreased agricultural production, as well as th e slowdown in
public investment owing to declining donor flows, in particular the Petrocaribe
programme. Inflation has reached double digits, led by a 20 per cent rise in prices
for domestically produced foods. Under these difficult circumstances, the coun try’s
economic policy is aimed at stabilizing the situation, with the Government keeping
spending to the bare minimum and maintaining tight monetary conditions, but at the
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cost of continued loss of international reserves. Speculation against the gourde,
especially given the deteriorating political environment, has led to a 15 per cent
drop in the currency since late September.
49. The United Nations and its partners continue to work on social issues,
including HIV/AIDS and child protection. MINUSTAH, Unite d Nations agencies,
the Government and civil society groups working with young people have signed a
charter of commitments to engage young people in the HIV response. The United
Nations country team has also been advocating for human rights, in particular the
rights of women, programmes against gender-based violence and the reform of
educational policy in Haiti.
VII. Consolidation and strategic planning
50. MINUSTAH and the United Nations country team are working on a joint
transition plan that identifies areas in which further support by international
partners, including the United Nations, is required and outlines a road map for the
progressive disengagement of the Mission from functions that can be assumed by
the Government of Haiti or other partners. As joint work on transition progresses, it
will also feed into the strategic assessment mission that the Security Council
requested me to conduct (see resolution 2243 (2015)) in order to present to the
Council recommendations on the future presence and role of the United Nations in
Haiti.
51. The transition plan is informed by both a situational analysis and an
institutional capacity assessment. The situational analysis is intended to establish a
shared understanding of the operational environment that informs United Nations
planning and programming interventions, while the institutional capacity assessment
is an analysis of the progress made towards strengthening Haiti’s institutional
capacities as they relate to mandated activities, with a particular focus on the
development of the police, electoral capacity-building, the rule of law and human
rights, and good governance. The institutional capacity analysis wi ll also assess the
sustainability of key institutions and lead to the formulation of recommendations on
future support to ensure long-term viability and local ownership. In the absence of
gender-specific benchmarks, special attention has been placed on inc luding a gender
analysis for each of the transition components.
52. As part of transition planning, a team from the global focal point for the rule
of law deployed in October to identify a common workplan, staffing and operational
arrangements for the establishment of an integrated interim programme in 2016 to
support the rule of law, police and penal system. The integrated MINUSTAH -United
Nations country team programme will allow for greater efficiency and prepare a
smooth transfer of activities, when appropriate.
53. To support the national police, MINUSTAH plans to focus efforts on the
implementation of the current five-year plan and on developing the road map for the
2017-2021 plan. In the light of increased police capacities, international and
MINUSTAH support will concentrate on capacity-building, including continuous
advanced and specialized training, with a focus on crime reduction initiatives in
vulnerable areas with a community approach. The success of the transition process
is dependent upon the continued support of police-contributing countries, through
the deployment of skilled individual police officers and formed police units.
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VIII. Conduct and discipline
54. In line with the initiatives set out in my report on special measures for
protection from sexual exploitation and abuse ( A/70/729), MINUSTAH has
established a dedicated task force and continues its efforts to raise awareness among
personnel on the zero-tolerance policy. MINUSTAH also continues to conduct risk
assessment exercises aimed at identifying and addressing factors leading t o sexual
exploitation and abuse. Moreover, the Mission has established a community -based
mechanism for reporting alleged misconduct and sexual exploitation and abuse
committed by Mission personnel.
IX. Financial aspects
55. By its resolution 69/299, the General Assembly appropriated the amount of
$380.4 million for the maintenance of MINUSTAH for the period from 1 July 2015
to 30 June 2016.
56. As at 15 February 2016, unpaid assessed contributions to the Special Account
for MINUSTAH amounted to $191.7 million. The total outstanding assessed
contributions for all peacekeeping operations as at the same date amounted to
$3,572.4 million.
57. Reimbursement of troop and formed police costs has been made for the period
up to 31 October 2015, while reimbursement of the costs of contingent -owned
equipment has been made for the period up to 30 September 2015, in accordance
with the quarterly payment schedule.
X. Observations and recommendations
58. Haiti and its people have made noteworthy progress towards political stability,
despite considerable challenges, including the human and material devastation
wrought by the earthquake of 2010. The current electoral and institutional
uncertainty is regrettable. Yet, periods of instability, however unfortunate, remain a
possibility in all political systems. The ability of Haitian actors to overcome the
current political uncertainty will provide a clear indication of the country’s progress
in terms of political stability and the entrenchment of a democratic culture.
59. Notwithstanding the efforts of Haitian institutions to hold long overdue
elections, only two of the three planned electoral rounds were held. Following the
polls of 9 August, during which there were some localized instance s of violence, the
relatively peaceful polls of 25 October resulted in the election of 14 senators and
92 Lower Chamber deputies. Meanwhile, political and security tensions, fuelled by
allegations of fraud, in particular with respect to the presidential vo te, persisted for
months. With the exception of the pro-Government candidate who won the first
round, the electoral process was criticized by both opposition presidential
candidates and civil society. In contrast, all elected legislative candidates,
independent of their political persuasion, took their oaths of office on the
constitutional date of 11 January 2016, forming the fiftieth legislature following a
year without a functioning Parliament.
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60. Mounting tensions relating to allegations of fraud resul ted in the third and
final rounds of the elections, including the presidential runoff, being postponed
twice by the Provisional Electoral Council, the second time sine die in response to
increasing security concerns. This political impasse brought the coun try to the brink
of a governance vacuum, which was averted by the agreement of 5 February reached
between outgoing President Martelly and the Presidents of the two chambers of
Parliament, ahead of the expiry of the presidential term on 7 February 2016. The
agreement, which reflects the spirit of the Constitution, provided a road map for
institutional continuity through the election by Parliament of a provisional President
for a transitional period of 120 days, the appointment of a Prime Minister and the
completion of the electoral process. Throughout, my Special Representative and the
Secretariat, as well as other members of the international community, including
regional and subregional organizations, used their good offices to support the
negotiations among the national actors. This stands as testimony to the international
community’s commitment to Haiti.
61. Now that an agreement aimed at avoiding a governance vacuum has been
reached, I call, once again, upon all Haitian actors to continue to work togethe r in
the spirit of the Constitution of Haiti and to implement the agreement of 5 February,
finding Haitian solutions to Haitian problems. I call upon all political stakeholders
to immediately take, in good faith, all steps necessary to ensure the completio n of
the electoral process initiated in 2015. With the election of a provisional President
on 14 February and the designation of a Prime Minister, it is now incumbent upon
all of the country’s institutions, including the provisional President, to ensure th at
the provisions of the agreement are implemented in full, in the same spirit of
compromise and within the agreed time frames. I welcome the efforts by the
provisional President thus far to ensure the designation of a Prime Minister and the
parallel efforts to revitalize the Provisional Electoral Council. The swift renewal of
the Provisional Electoral Council is a necessary precondition for the completion of
the elections in a manner that reflects the will of the people. More generally, the
continued commitment of all political stakeholders to identify Haitian -owned
consensual solutions to the country’s problems is essential to longer -term unity and
stability in the country.
62. I wish to underscore the need for all stakeholders to exercise restraint. I ap peal
to their constituencies to act responsibly in order to preserve security and stability
during this delicate transitional period. Haiti has been able to maintain a largely
peaceful environment despite tensions associated with the political situation.
However, the progress made so far remains fragile and could be susceptible to
setbacks. I commend the performance of the national police, which operated
successfully during this period, with limited need for assistance from the
MINUSTAH police and military components. I also welcome the continued police
recruitment and training efforts, which mean that the target of 15,000 national
police will be within reach or will be met by the end of 2016.
63. Haiti cannot afford political instability during the current period of negative
economic trends, characterized by low economic growth and decreasing levels of
investment. The country continues to be vulnerable to humanitarian crises,
including drought, insufficient water, health and sanitation infrastructure; and t he
presence of diarrheal disease. These crises have an even greater impact on the
quarter of the population living in extreme poverty, the 59,000 persons displaced by
the earthquake of 2010 who still remain in internally displaced person sites and
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camp-like settlements, and those who have returned or been deported back to Haiti.
I urge continued attention to those issues, with a special focus on the food situation
arising from the combined effect of three years of drought and a particularly strong
El Niño.
64. The increase in cholera cases in 2015 is cause for concern. I support the efforts
by the Haitian authorities to combat cholera together with all waterborne and
infectious diseases through the combination of a rapid response to outbreaks and
continuous investment in water, health and sanitation infrastructure. The low rate of
outbreaks in the last quarter of 2015 is promising. However, a decline in
humanitarian funding is hampering the ability of the United Nations to assist
Haitian efforts. The elimination of this epidemic is not only possible but an
imperative, and I call upon Member States to support the ongoing efforts.
65. I remain concerned about the slow progress towards strengthening the rule of
law and ending impunity. Notwithstanding important steps such as the finalization
of the draft criminal procedure code, the implementation of an on -call duty system
for judges and immediate trial hearings, numerous deficiencies in the judicial
system continue to impact human rights, notably the right to a fair trial within a
reasonable period and humane detention conditions. I call upon the authorities to
undertake legal reform through the appropriate legislative, executive and
administrative measures. I urge them to strengthen the country’s rule of law
institutions in order to ensure justice and to promote and protect the human rights of
the Haitian people. This remains a critical element of the consolidation of stability
in the country.
66. In view of the current political uncertainty in Haiti, I propose t hat a strategic
assessment, as stipulated by the Security Council in its resolution 2243 (2015), be
carried out following the completion of the interrupted electoral process. I hope that
the process will be completed peacefully and within the time frames o utlined in the
agreement of 5 February, allowing for a positive assessment that could trigger a
significant evolution of the United Nations presence in Haiti. Mindful of
developments on the ground, it is my intention to submit recommendations to the
Security Council on the future of MINUSTAH ahead of the expiration of its
mandate in October 2016.
67. In conclusion, I would like to express my gratitude to my Special
Representative, Sandra Honoré, for her service in support of Haiti at this delicate
juncture. I would also like to thank the women and men of MINUSTAH, troop - and
police-contributing countries and the United Nations country team and partners for
their continued dedication and commitment to stability and development in Haiti. I
also wish to pay tribute to the late Force Commander of MINUSTAH, Lieutenant
General José Luiz Jaborandy Junior.
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Annex I
Progress in the consolidation of the United Nations
Stabilization Mission in Haiti
1.
An update on the progress made towards the implementation o f the
consolidation plan for the United Nations Stabilization Mission in Haiti
(MINUSTAH) as set out in my report to the Security Council of 8 March 2013
(S/2013/139) is set out below.
Police development
2.
The twenty-sixth Haitian National Police promotion is expected to graduate in
April 2016. Currently 1,489 cadets out of the initial 1,506, including 186 women,
remain at the school. The recruitment process for the twenty-seventh promotion
continued, and 7,714 applicants, including 1,084 women, underwent physical tests
and interviews.
3.
The National Police Academy is continuing the executive development
training programme, with support from international donors, for an additional two
years (2015-2017). A strategic plan for the Academy (2015-2018) has also been
developed. On 11 December 2015, a total of 31 commissioners from the third and
fourth cohorts graduated from the Academy.
4.
The Emergency Call Centre project “114”, estimated at a total cost of
$11 million, is operational. With international donor support, 15 call workstations
have been installed in the West Department, which suffers from the highest crime
rate in the country.
5.
A total of 12 national police buildings have been constructed or reno vated, and
161 new vehicles and motorcycles and two high-speed boats have been added to the
transport fleet of the national police, either through donor contributions or financed
by the Government of Haiti. Two technical committees have been set up to audi t and
record all logistics in order to develop the logistics forecast for 2015 -2016 and
improve the procurement system.
6.
Specialized training continued for crowd control units, mainly outside the
metropolitan area, with 123 police officers trained by national police instructors,
under the supervision of the United Nations police. In cooperation with international
stakeholders, MINUSTAH provided training for 150 judicial police officers in
criminal investigation, human rights, crime scene management, the p enal code,
interview and interrogation techniques and ballistics. Another 43 police officers
received specialized training in interviewing children and sexual crime
investigations.
7.
The development of specialized capacities within the corrections system
included the development of a prison health-care policy draft; the development of
the 2014-2016 action plan for the Penitentiary Administration Directorate; the
ongoing implementation of the 2014-2016 strategic plan for the Penitentiary
Administration Directorate and social reintegration programmes in three prisons; the
development and adoption of various procedures in prisons (for example,
emergency plans and security checklists); the training of senior Penitentiary
Administration Directorate officials on the application of policies and directives;
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capacity-building programmes in prison management; the standardization of
prisoners’ records; support to the fight against cholera and tuberculosis; and the
monitoring of the construction of four new prisons.
8.
On 1 October 2015, the budget of the national police for the fiscal year 2015 2016 developed by the joint committee with MINUSTAH came into effect. The
allocation of $212.9 million includes an increase of 7 per cent owing primarily to a
salary increase of 6 to 10 per cent and the incorporation of 1,500 new officers.
Electoral capacity-building
9.
Following the elections of 9 August and in accordance with the electoral
calendar published in March 2015, the Provisional Electoral Council organized the
second round of parliamentary elections and the first round of presidential and
municipal elections on 25 October. For those elections, the Provisional Electoral
Council implemented recommendations that resulted in substantial improvements in
its operations, the training of poll workers and voter sensitization. As a result, the
European Union and Organization of American States election observation missions
concluded that the elections of 25 October had considerably improved on the first
round and were conducted competently. While the second round of presidential
elections of 27 December 2015 and 24 January 2016 did not take place, the new
parliamentarians took their oaths of office on 11 January 2016, as constitutionally
mandated.
10. MINUSTAH supported the national police in implementing the necessary
changes to its electoral deployment for the pending elections. On 25 October,
7,357 national police officers, including 2,050 redeployed as reinforcements from
Port-au-Prince, along with an extra 194 vehicles and 427 motorcycles to supplement
transportation resources, were deployed. The General Inspectorate of the national
police held a large awareness campaign on the role of police officers during the
elections and deployed a team to each department to monitor p erformance. During
the first electoral round, 7 people lost their lives and 25 were injured; during the
second round, three people were injured and there were no fatalities. In August
2015, 202 polling centres were affected by violence and had to partially, temporarily
or permanently close, compared with 33 in October and 2 on 22 January 2016
during the distribution of electoral material.
11. Adherence to constitutional timelines for holding elections was partially
achieved, with the installation of the newly elected Lower Chamber and Senate in
accordance with the Constitution. The postponement of the second round of
presidential elections did not allow for the installation of a new President on
7 February 2016, the date prescribed by the Constitution.
12. The establishment of the Permanent Electoral Council will not be possible
until all three branches of power are seated and operational in order to nominate
their representatives to be appointed by presidential order.
13. The Government of Haiti was the largest contributor to the United Nations
Development Programme (UNDP) basket fund for electoral operations ($23.2 million,
or 36 per cent). Taking into account electoral expenditures relating to security
($9 million) and the functioning of the Provisional Electoral Council ($6 million),
Haiti has considerably increased its share of financing of electoral operations since
2010.
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14. The transfer of knowledge from MINUSTAH, UNDP and the United nations
Office for Project Services (UNOPS) to the Provisional Electoral Council was
accomplished, focusing efforts on increasing national capacities in planning,
coordination and decision-making, and prioritized training for key positions in the
electoral council. During the current electoral cycle, the Provisional Electoral
Council assumed greater responsibility for logistic and technical operations
compared with 2010, when MINUSTAH managed all logistics. Transportation
support is still required, however, by MINUSTAH and UNOPS, and there is a
continuous need for technical support for the next electoral cycle.
15. The national police, in coordination with MINUSTAH, developed an
integrated security plan for the elections. Adjustments following the August
elections resulted in a positive performance on 25 October. The national police
played a key role in preventing pre- and post-electoral conflict and arrested
perpetrators and instigators of incidents of violence and vandalism. The
management of the 25 October elections has substantially increased morale and selfconfidence within the national police, revealing its capacity to ensure a peaceful
electoral process with minimal support from MINUSTAH.
Rule of law and human rights
16. The Superior Council of the Judiciary held a course on effi cient management
of judicial processes. The executive branch authorized the renewal of the terms of
the serving judges and the appointment of 80 new judges. The joint vetting
commission submitted 47 investigative reports. MINUSTAH is providing legal,
technical, logistical and financial support for this work and for the mechanisms and
procedure relating to the evaluation of the judges.
17. Currently, women comprise less than 10 per cent of the judiciary. There is only
one female judge appointed to the Supreme Court and one female Assistant
Prosecutor. In an effort to address long-term gender imbalance, the current class at
the School of Magistrates comprises 33 female trainees, amounting to 50 per cent of
the class.
18. In August 2015, UNDP completed a comprehensive institutional review of the
Superior Court of Auditors and Administrative Disputes, with a detailed follow -up
plan for capacity-building and institutional strengthening. Funding for this work,
however, has not yet been secured. Some financial and programmatic support from
the Mission budget is foreseen in the proposed rule of law joint interim programme
2016-17. Moreover, a new President of the Court was elected in October, and the
Mission expects to increase its engagement with the President and th e Court once
the electoral period is completed.
19. The joint technical committee in charge of the penal reform completed the
drafting of the criminal procedure code and the Presidential Commission on Justice
Reform submitted it to the executive branch.
20. MINUSTAH supported legal aid offices of Cap-Haïtien and Les Cayes
resulting in 833 cases processed, 40 per cent of which closed, resulting in
224 acquittals. In Port-au-Prince, the five supported offices processed 3,125 cases,
resulting in 1,157 people released and 57 per cent of cases closed.
21. Since September 2015, MINUSTAH has been providing support to Haiti’s
Office of the Ombudsperson through the placement in the Office of an international
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expert responsible for providing recommendations on the str ategic plan for the
period 2016-2019. The Office approved an interim report with recommendations,
which was submitted in December 2015.
22. Financial allocations through the State budget continue to fall short of the
Office’s operational needs, as recommended, inter alia, by the Human Rights
Committee in 2014, preventing the establishment of a women’s protection unit.
23. With the support of MINUSTAH, the number of certified police officers has
reached 7,418. Another 2,292 are currently being vetted.
24. The police Inspectorate General received 275 complaints, conducted 303
investigations and submitted 246 reports with recommendations for sanctions to the
Director General.
25. On 2 October, the Director General of the national police signed a gender
directive formalizing the mandate and structure of the national body “Coordination
nationale des affaires féminines, des questions de genre et des violences sexuelles”.
This marked the first significant step towards the implementation of a gender policy
within the national police.
Key governance issues
26. The ability of municipal and departmental authorities to implement basic
administrative and financial procedures has improved, with all 140 municipalities
able to implement financial procedures for budget formation. Two new pilot
programmes were established at the municipal level on fiscal mobilization tools and
digital tax systems. The ability of authorities to administer municipal and regional
coordination forums independently has progressed, and disaster response meetings
are held monthly.
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Annex II
Composition and strength of the police of the United Nations
Stabilization Mission in Haiti, as at 22 February 2016
United Nations police officers
Country
Argentina
Women
Men
1
8
Bangladesh
Benin
9
1
54
10
45
Burundi
1
1
Cameroon
14
5
Canada
17
64
Chile
1
10
Columbia
1
4
Brazil
Burkina Faso
Men
86
213
8
Egypt
27
El Salvador
12
Ethiopia
2
France
1
7
Ghana
1
8
Guinea
1
India
15
2
1
Jordan
26
Madagascar
5
Mali
1
9
Nepal
4
31
Niger
2
24
Nigeria
439
6
Jamaica
Norway
Women
5
Chad
Indonesia
Formed police units
319
26
13
2
1
1
Pakistan
140
Paraguay
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1
Philippines
1
25
Romania
4
24
Russian Federation
2
4
Rwanda
29
4
25
135
Senegal
17
11
149
Serbia
4
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United Nations police officers
Country
Slovakia
Women
Men
1
5
Spain
Men
135
1 522
13
Thailand
2
5
Togo
2
19
Tunisia
3
Turkey
32
3
22
Uruguay
5
Vanuatu
1
Yemen
23
Subtotal
Women
3
Sri Lanka
United States of America
Formed police units
107
621
Subtotal, United Nations police: 728
Subtotal, formed police: 1 657
Total: 2 385
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Annex III
Countries providing military staff and contingents to
the United Nations Stabilization Mission in Haiti, as at
22 February 2016
Staff officers
Country
Women
Troops
Men
Women
Men
Total
Argentina
6
22
44
72
Bangladesh
1
110
111
943
980
Bolivia (Plurinational State of)
1
Brazil a
12
Canada
1
1
25
4
Chile
4
Ecuador
1
5
12
2
6
Honduras
44
44
46
54
47
47
Jordan
3
Mexico
3
Nepal
3
Paraguay
1
5
77
83
Peru
3
8
152
163
Philippines
2
13
122
137
Sri Lanka
3
3
United States of America
5
5
Uruguay
5
11
229
245
59
102
2 192
2 354
Total
a
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1
El Salvador
Guatemala
375
1
3
3
6
3
The Force Commander is employed on a United Nations contract and is therefore not
reflected in the troop strength.
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