(2017-03) MINUSTAH - Rapport du Secrétaire général sur la Mission des Nations Unies pour la stabilisation en Haïti (S/2017/223)

S/2017/223 United Nations Security Council Distr.: General 16 March 2017 Original: English Report of the Secretary-General on the United Nations Stabilization Mission in Haiti I. Introduction 1. The present report is submitted pursuant to Security Council resolution 2313 (2016), by which the Council extended the mandate of the United Nations Stabilization Mission in Haiti (MINUSTAH) until 15 April 2017 and requested me to report on the implementation of the mandate not later than 30 days before its expiration. It covers major developments since my report dated 31 August 2016 (S/2016/753) and presents the findings of the strategic assessment mission. II. Political developments 2. Haiti made significant progress in the consolidation of its democracy and stability. Presidential and partial legislative, municipal and local elections were held in a largely peaceful environment. The inauguration of Jovenel Moïse as President on 7 February 2017 marked the restoration of constitutional order and concluded one year of provisional governance arrangements under the leadership of provisional President Jocelerme Privert. The establishment of the new legislature completed all outstanding parliamentary vacancies, except for one seat. Jack Guy Lafontant, whom the President designated as Prime Minister on 23 February, is waiting for his proposed Cabinet and programme of work to be endorsed by Parliament, which will further prepare the ground for Haiti’s democratic institutions to address the most pressing challenges facing the country. 3. Electoral preparations had been on track in large part for the elections scheduled for 9 October when Hurricane Matthew hit, resulting in 546 deaths, 175,509 homeless and some 2.1 million people affected. The Provisional Electoral Council postponed elections to 20 November 2016, with a second round on 29 January 2017. 4. The elections of 20 November were held in a largely peaceful and orderly manner, notwithstanding the concomitant post-hurricane challenges. A total of 27 presidential candidates, including 3 women, and 181 parliamentary candidates, including 15 women, participated. National and international observers noted the fairness and transparency of the process, albeit with low turnout (estimated at 21 per 17-03788 (E) 200317 *1703788* S/2017/223 cent). Haitian authorities, in particular the Government, the Provisional Electoral Council and the Haitian National Police, were widely commended for their impartial professionalism. 5. On 3 January, the Provisional Electoral Council released the final results after the completion of a verification process conducted by the National Electoral Tribunal in response to the challenges submitted by the runners-up. The Tribunal ruled out the possibility of massive fraud and arbitrated that minor irregularities did not affect the electoral outcome. Consequently, the final results reconfirmed the preliminary candidate ranking, maintaining Mr. Moïse (Parti haïtien Tèt Kale) in first place, with 55.60 per cent of the 1,062,839 valid votes, followed by Jude Célestin (Ligue alternative pour le progrès et l’émancipation haïtienne), with 19.57 per cent, Jean-Charles Moïse (Pitit Dessalines) in third place, with 11.04 per cent, and Maryse Narcisse (Fanmi Lavalas) in fourth place, with 9.01 per cent. Following the Council’s announcement of the final results for the first round of partial senate and legislative elections, 6 Senate and 25 Lower C hamber seats were filled, enabling the National Assembly to hold the first ordinary session of the 2017 legislative year on 9 January. On 10 January, Cholzer Chancy (Ayiti an Aksyon) was re-elected President of the Lower Chamber and, on 13 January, Youri L atortue (Ayiti an Aksyon) was elected President of the Senate and President of the National Assembly. 6. On 29 January, the second round for the remaining parliamentary seats and the single-round local elections were held in an overall orderly manner. Loc al elections drew a field of 31,053 candidates, of whom 12,088 were women, to fill more than 8,000 posts. According to the Provisional Electoral Council, the national turnout was 27.44 per cent. As a result of the completion of all outstanding legislative races, all 119 Lower Chamber seats and 29 of 30 Senate seats are now filled. Parti haïtien Tèt Kale won the largest number of seats, controlling 10 in the Senate and 31 in the Lower Chamber, but did not secure an absolute majority in either one. One Senate seat remains unfilled, following the arrest of Senator -elect Guy Philippe. 7. MINUSTAH supported advocacy efforts to promote the integration of the constitutional requirement of 30 per cent minimum representation of women, as provided for in the electoral decree, in close coordination with the Ministry of Women’s Affairs and Rights, the Provisional Electoral Council and women’s organizations. Notwithstanding significant efforts, only one female Senator and three female Lower Chamber members were elected. The single female Senator was elected internally to the Senate Bureau as First Secretary and one female member of the Lower Chamber was elected internally as Chair of the commission on women’s affairs and gender equality. 8. On 7 February, Mr. Moïse was inaugurated and assumed his functions as President. On the same day, the provisional President left office, concluding a peaceful transfer of power. In his inaugural address, the President called for unity, pledged to improve the living conditions of Haitia ns and announced the launch of a sector-based dialogue on the state of the nation. 9. The Government lived up to its earlier commitment to cover the electoral operating costs, mobilizing some $44 million of the total estimated $55 million required, in addition to allocating $6 million to the national police and providing $8.5 million to post-hurricane electoral infrastructure recovery. The Provisional 2/23 17-03788 S/2017/223 Electoral Council demonstrated increasing ownership and capacity, most notably over the technical aspects of the electoral process, and implemented several measures improving the recruitment and training procedures for electoral staff, providing greater transparency in the deployment of political party poll watchers and improving the vote tabulation centre procedures. MINUSTAH, the United Nations Development Programme (UNDP) and the United Nations Office for Project Services continued to provide support, albeit reduced, to the Council to produce, deliver and recover the electoral material and to implement electoral awarenessraising activities in support of the Council’s civic education campaign. MINUSTAH further supported the national police in the development and implementation of the joint integrated election security plans for both electoral rounds. 10. My Special Representative, through her good offices, consistently reached out to a broad spectrum of political leaders in the capital, Port -au-Prince, and in the regions to encourage the holding of peaceful, credible and inclusive elections, including through the conclusion of electoral pacts promoting non-violence and the peaceful resolution of electoral disputes. III. Security developments 11. The security situation remained relatively stable, notwithstanding being influenced by political volatility and grievances arising from the electoral process and an increasingly challenging socioeconomic situation. 12. Crime statistics collected by the national police and MINUSTAH for the period 1 September 2016 to 28 February 2017 indicated 546 reported homici des, compared with 510 between 1 March and 31 August 2016. Nearly 75 per cent of homicides (407), often resulting from gang violence, remained concentrated in the metropolitan area of Port-au-Prince. In 2016, 32 killings of police officers were registered, the highest number recorded since 2006. A total of 20 kidnappings and 220 cases of rape were reported, compared with 29 and 265, respectively, between 1 March and 31 August 2016. There is evidence that many cases of rape remain unreported and unaddressed and that a culture of impunity continues to be pervasive. 13. A total of 635 public protests were recorded, of which 263 (41 per cent) were violent to varying degrees, ranging from the use of road barricades and stone throwing to assault against police officers and shootings. This is an increase from 496 incidents reported from 1 March to 31 August 2016, of which 154 were violent, but a decrease compared with the period 1 September 2015 to 28 February 2016, during which 689 protests were registered, of which 275 were violent. The West Department remained the most affected, with 39 per cent of recorded incidents, followed by the departments most affected by the hurricane, South and Grand’Anse, with 12 per cent each. Protests were, in general, small. Of the 5 97 events recorded, an estimated 75 per cent involved fewer than 300 people. Another 21 per cent ranged from 300 to 1,000 people. Only 4 per cent involved more than 1,000 protesters. A total of 38 per cent were election-related and 40 per cent triggered by socioeconomic grievances. 14. On 5 January, the arrest and subsequent transfer abroad of Mr. Philippe on charges relating to drug trafficking triggered several protests in Grand’Anse 17-03788 3/23 S/2017/223 Department, including some incidents of violence. As a result, humanita rian operations were suspended from 6 to 15 January. The national police, supported by MINUSTAH, put in place additional security measures, including joint patrols, crowd-control operations and enhanced security escorts to resume humanitarian convoys. 15. A total of 67 minor security-related incidents were registered during the elections on 20 November, while 72 incidents were reported during the election on 29 January. Those incidents, which involved intimidation, disturbances and the illegal possession of firearms, did not significantly disrupt electoral operations. The national authorities arrested 81 suspected perpetrators on 20 November and on 27 and 29 January. 16. The Mission’s police component continued to provide support to special crime reduction operations, performing 2,963 joint checkpoints, 3,587 foot patrols, 21,376 vehicle patrols and 243 joint operations, including 86 in the area of Port -auPrince. The military component conducted 9,537 operations, 587 of which were joint patrols with Haitian and MINUSTAH police officers. Likewise, 18 platoonsized quick reaction force deployments were conducted in 15 communes, using MINUSTAH aviation assets. 17. During the elections on 20 November, MINUSTAH uniformed elements were called upon on five occasions, with the police component registering three interventions in support of the national police and military troops deploying in two larger incidents in North Department. For the election on 29 January, MINUSTAH uniformed elements were deployed in 17 instances in seven departments to provide operational support to the national police: 13 times with forme d police units and 4 times with military troops. In addition, MINUSTAH military troops carried out 172 escort operations to secure humanitarian aid convoys and static operations to secure humanitarian items. On 22 October, operational support was provided during a prison break in Arcahaie (West Department). IV. Haitian National Police 18. The national police continued to improve its performance, in par ticular in crime prevention and response and public order management, contributing to a stable electoral environment. In the majority of incidents involving violent public unrest, the national police was able to respond with limited or no operational support from MINUSTAH. The national police assumed increased responsibility in the planning and execution of complex operations, as evidenced in the implementation of the joint integrated electoral security plans for both electoral rounds and the post-hurricane response. 19. The national police concluded the implementation of its development plan during the period 2012-2016, with a 64.6 per cent rate of implementation. Of the 69 activities foreseen in the plan, 21 were completed and 33 reached an advanced stage of implementation. Activities helped to strengthen strategic planning and the expansion of the police force and its infrastructure and response to sexual and gender-based violence, with 154 of 162 planned infrastructure projects completed by December 2016. Similarly, the national police school trained 4,850 recruits, 4/23 17-03788 S/2017/223 including 528 women, in line with the strategic objective to train an additional 5,000 personnel by the end of 2016. The twenty-seventh promotion is nearing graduation, with a potential strength of 948 new police officers, including 80 women, bringing the total strength of the police to some 14,000 personnel and a police-to-population ratio of approximately 1.3 per 1,000 inhabitants. The twenty eighth promotion will begin training 950 cadets in May, bringing the police to its goal of 15,000 personnel by the end of 2017. With regard to sexual and gender based violence, the national police, with the support of the Mission, created a dedicated gender and sexual and gender-based violence coordination office and began an initial assessment of the functioning of 36 reception units for the management and investigation of related cases. The number of female police officers stands at 9 per cent, below the 11 per cent target. With support from MINUSTAH and in collaboration with the Ministry of Women’s Affairs and Rights the national police launched a dedicated recruitment campaign for women. 20. Areas in which little progress was made include administrative management, performance assessment, investigations into cases of excessive use of force, decentralization, equipment and infrastructure maintenance, asset control and criminal intelligence. Notwithstanding progress made following the creation of the national police academy in 2012, an estimated one quarter of police supervisory positions remain unfilled, weakening management, oversight and command and control. With regard to geographical coverage, the national police is present in 261 of the country’s 570 communal sections. The limited geographical reach has, among other factors, motivated a number of municipalities to create local security forces that operate outside the command and control of the national police and on questionable legal grounds. 21. Crime prevention is negatively affected by the lack o f an effective criminal intelligence bureau with criminal investigation resources and the capacity to produce reliable information to prevent and resolve serious crimes and combat organized criminal networks. Moreover, the institution’s oversight and accou ntability mechanisms require further strengthening to ensure quality control and compliance with human rights standards. The data-processing and management capacity relating to human rights violations is not yet fully operational within the Office of the Inspector General of the Haitian National Police. The directorate responsible for studies, analysis and statistical data exists but suffers from a lack of qualified human resources and adequate logistical support. Coordinated and comprehensive community-based programmes are being implemented in the Port-au-Prince metropolitan area only. 22. In the light of the above, the strategic development plan of the national police for the period 2017-2021, developed on the basis of a joint national police-United Nations police capacity and needs assessment and awaiting endorsement by the superior council of the national police, focuses on the following key areas: (a) the national police institutional framework, including the Office of the Inspector General, strategic planning and command and control; (b) human resources and training; (c) administration, technology and telecommunications; (d) public security and judicial police; and (e) infrastructure, including the maintenance of facilities and equipment. 17-03788 5/23 S/2017/223 V. Rule of law and human rights 23. Limited progress was made in the field of justice and human rights sector reforms. Of the 12 seats on the Supreme Court, 6 remained vacant and the status of the sitting head of the judicial branch of power remained unresolved, given that his term as President of the Supreme Court and, by extension, President of the Superior Council of the Judiciary expired in December 2015. On 12 September, the Minister of Justice and Public Security established a criminal law reform comm ission to support the adoption by Parliament of a draft criminal procedure code and a draft criminal code. The bills have yet to be submitted to the legislature. 24. Prolonged pretrial detention and overcrowding remained serious human rights concerns. Of the 10,538 people in prison as at 31 December 2016, including 348 women and 237 male and 13 female juveniles, 71 per cent were awaiting trial. The conditions, including severe overcrowding (3 59 per cent occupancy rate), 23 hours of daily confinement, food shortages, poor hygiene and sanitation and insufficient medical services, amount to cruel, inhuman and degrading treatment. Notably, the Government has not provided regular and sufficient food to Haiti’s prisons for more than one year, during which time 11 3 deaths have been reported, attributable primarily to malnutrition and anaemia, in addition to HIV and tuberculosis. 25. Illegal arrests, the lack of defence counsel and dysfunctional judicial and prosecutorial systems remained the major cause of prison overcrowding, with an average of 1,100 days spent by detainees waiting for trial. In my previous report, I indicated that only one holding facility provided slightly more than one square meter per detainee. This has now increased to five facilities, holdin g 972 detainees. At the national penitentiary, living conditions for the 4,388 detainees remained the most dramatic, housing 3 detainees per square meter. 26. Efforts by MINUSTAH to curb prolonged pretrial detention included technical and logistical assistance to detention-monitoring committees and support for legal aid offices in Les Cayes, Cap-Haïtien and Port-au-Prince. Over the past 12 months, legal aid offices in Les Cayes and Cap-Haïtien processed 1,155 cases, including 52 women, resulting in 431 releases and 651 cases closed, including 30 and 35 women, respectively. The pretrial detention rate in Cap -Haïtien consequently decreased from 55 to 41 per cent. In Port-au-Prince, the five legal aid offices processed 6,232 cases, resulting in the release of 3,181 people and the closure of 943 cases. MINUSTAH focused on the Port-au-Prince jurisdiction to establish realtime file management of cases, facilitating the processing of 464 files, which ultimately helped to increase the number of criminal hearings du ring the reporting period by more than 50 per cent. My Special Representative has repeatedly urged the Government to more systematically address the problem of prolonged or illegal pretrial detention, requiring strong local ownership and the prioritization of judicial reform. The establishment on 24 February 2017 of a special presidential commission on prison conditions is a welcome step towards addressing the many structural deficiencies in this area. 27. MINUSTAH, in collaboration with partners, continued to support the Directorate of Prisons Administration in the implementation of its strategic plan during the period 2014-2016 and the related action plan during the period 2015 - 6/23 17-03788 S/2017/223 2016. While the national police endorsed the reformed Directorate structure, t he upgrading of the director to a more senior level is pending adoption by Parliament. MINUSTAH organized three training sessions for 57 Directorate officers, with a focus on intelligence and records management. In addition, with donor support, 12 Directorate officers completed “training of trainers” courses and 28 medical staff received training in the management of prison medical records. 28. As part of MINUSTAH’s phased transition process, on 8 November, my Special Representative and the UNDP Country Director launched the United Nations joint interim rule of law programme involving MINUSTAH, UNDP, the United Nations Children’s Fund and the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), providing integrated support to the justice and human rights system. As at 27 February, 91 per cent of the first tranche, representing 50 per cent of the $4.435 million fund, had been spent or committed. To date, through the joint programme, the United Nations has, among other things, supported the Ombudsperson and the Directorate of Prisons Administration in reviewing the draft penitentiary law, with a view to improving prison management tools; recruited national consultants to assist in the review and implementation of the draft criminal procedural code and the draft criminal code; and assisted the Superior Court of Auditors and Administrative Disputes in refining its internal management structure to properly exercise its oversight function and dispute resolution and take steps toward the implementation of its strategic and operational plans during the period 2016-2024. 29. MINUSTAH continued to implement its community-based approach designed to reinforce the rule of law. By December 2016, the Mission had allocated 41 per cent of its community violence reduction budget for 2016/17. A total of 37 projects of the budget for 2015/16, totalling $6.5 million, are under implementation and intended to reach 53,766 beneficiaries, including 16,130 women, in Artibonite, West and North Departments. Projects include innovative support for rule of law initiatives in fragile communities. UN-Women, UNDP and the International Labour Organization are implementing a range of these projects, from training of judicial actors on sexual and gender-based violence to reinforcing prison management. 30. Since my previous report, and notwithstanding repeated calls from my Special Representative, the Human Rights Council’s Independent Expert on the situation of human rights in Haiti and civil society organizations, the Government has failed to assign the human rights portfolio to a specific ministry. Lack of clear leadership continues to hamper government action on key reforms. The mandate of the Ombudsperson, the State’s independent human rights defender, expired in September. According to Haitian law, the Ombudsperson remains in office until the new Government appoints a replacement. 31. On 7 November, the Government, the Ombudsperson and seven civil society representatives participated in the second cycle of the uni versal periodic review during the period 2012-2016. During the exercise, 175 of the 213 recommendations proposed by the Human Rights Council were accepted by the Government. On 20 December, the interministerial committee on human rights organized a worksho p to prepare the additional report requested by the Council to complete the universal periodic review process. The decision of the Council on the outcomes of the 17-03788 7/23 S/2017/223 universal periodic review report, including the additional report, is expected by 17 March. 32. There has been no significant progress in the prosecution of past human rights violations and the establishment of truth and reconciliation mechanisms that could address the most serious violations perpetrated between 1957 and 2004. In January, my Special Representative, jointly with the High Commissioner for Human Rights, published a report documenting the phenomenon of widespread popular lynching of suspected criminals, reflecting the lack of confidence in the formal justice system. Furthermore, while some cases of rape have had resonance in the media, crimes of sexual and gender-based violence are largely underreported and most perpetrators remain unpunished. MINUSTAH continued to transmit to the Office of the Inspector General of the national police allegations of the improper use of firearms by police officers causing death or serious injury. Contrary to the law, the inspectorate systematically failed to investigate most of those cases. VI. Institutional support and strengthening of State authority Governance and local government 33. MINUSTAH continued to support the Ministry of the Interior and Local Governance through the training of newly elected municipal councils, including supporting elected women who are represented, for the first time in Haiti’s history, with more than 30 per cent (155 of 420) of the members of municipal councils, in compliance with the electoral decree. The Mission organized 70 workshops countrywide on capacity-building for community actors and municipal administrations to facilitate the transfer of power at the local level. MINUSTAH also supported the development of a handbook for all 140 municipal administrations to facilitate the handover to the new municipal councils. 34. Municipal and departmental authorities continued to improve their handling of administrative and financial procedures. As at 31 January, the 140 municipal administrations had formulated their own budget. In addition, all municipal and departmental authorities had implemented their action plans for 2016-2017, while 8 of 10 departmental delegates had organized monthly thematic working groups aimed at enhancing dialogue and promoting local conflict -resolution mechanisms. 35. MINUSTAH implemented 46 projects in support of good governance, democracy and the extension of State authority, allocati ng 78 per cent of its $3 million quick-impact project budget for fiscal year 2016/17. The projects reached an estimated 1,610,148 beneficiaries (52 per cent women) and focused on improving public infrastructure and services, enhancing livelihood opportunit ies through entrepreneurship and providing potable water to mitigate cholera and other water borne diseases, the latter benefiting 240,546 people. 8/23 17-03788 S/2017/223 VII. Update and activities on humanitarian and development needs A. Humanitarian activities 36. The humanitarian situation deteriorated significantly following the passage of Hurricane Matthew on 4 October. On 15 October, my predecessor visited communities affected by the hurricane, describing the situation as the largest humanitarian crisis in Haiti since the earthquake of 2010. Roads, hospitals, schools and thousands of homes were damaged or destroyed, leaving more than 175,000 people displaced and some 330,000 children unable to attend school. They were among the 1.4 million people in need of assistance. The post-disaster needs assessment estimated losses at $2.8 billion, including widespread damage to crops and livestock. 37. The Government led the coordination of the humanitarian response, including through the establishment of an interministerial committee and the Directorate of Civil Protection. MINUSTAH, the United Nations country team and humanitarian partners supported the national authorities in addressing immediate emergency and early recovery needs, including shelter for the temporarily home less, food and non-food items, water and sanitation, protection and logistical and transport needs. MINUSTAH uniformed personnel secured aid delivery and undertook vital road repairs and maintenance. 38. The United Nations launched a flash appeal of $139 million in support of the immediate needs of 806,000 people, of which 64 per cent was secured. Furthermore, on 3 February, the Minister of Planning and External Cooperation launched the post-disaster needs assessment, with support from the United Nations c ountry team, the European Union, the Inter-American Development Bank and the World Bank. The post-disaster needs assessment is aimed at providing a midterm recovery response aligned with the key priorities of the strategic plan for the development of Haiti, including through improved resilience and access to resources, the construction of integrated infrastructure, the prioritization of national production and the rehabilitation of damaged infrastructure. 39. As at 30 December, 46,691 people remained displaced in 31 camps in the metropolitan area of Port-au-Prince. Of concern was the ongoing return of persons of Haitian descent from the Dominican Republic. Since my last report, the International Organization for Migration registered 36,735 additional i ndividuals who had crossed the border into Haitian territory, bringing the total to 169,986 since June 2015. This situation continues to overstretch the capacity of the Haitian authorities, with most of the vulnerable returnees lacking a clear legal status . 40. The humanitarian situation was compounded by a significant increase in the number of suspected cases of cholera due to severely limited access to potable water. The Ministry of Public Health and Population reported 41,110 suspected cases and 440 deaths between 1 January and 24 December 2016, a 22 per cent increase compared with the same period in 2015. In the immediate aftermath of the hurricane, some 780,000 people were vaccinated in a joint effort of the Pan American Health Organization and the Government, while the United Nations supported cholera treatment for 80 per cent of the cases throughout the country. 17-03788 9/23 S/2017/223 41. On 1 December, my predecessor apologized to the Haitian people on behalf of the United Nations, stating that the Organization had simply not done enough with regard to the cholera outbreak and its spread in Haiti and was profoundly sorry for its role. He submitted to the General Assembly a report ( A/71/620) on the new approach of the United Nations to cholera in Haiti, which outlines the Organization’s intention to renew its efforts aimed at eliminating the transmission of cholera and to address the suffering of its victims. In the report, it was stressed that eliminating cholera would take the full commitment of the Government and the international community and, crucially, the resources necessary. To date, a total of $9.8 million has been contributed to implement the new approach, including through the United Nations Haiti Cholera Response Multi -Partner Trust Fund, against a total $400 million required. 42. My Senior Adviser on the Impact of Cholera in Haiti led preliminary consultations with the Government, civil society groups and other partners on the cholera response. In this context, criteria are being developed for community projects designed to target improvements in water and sanitation to contribute to mitigating transmission of the disease. As requested by the General Assembly in its resolution 71/161, I am preparing a report to provide an update on the implementation of the new approach. B. Development activities 43. The protracted electoral crisis and more than a year of provisional governance, combined with the prevalence of weak governance systems and institutional instability, resulted in a crisis of confidence among the private sector and partners alike, affecting the implementation of a sustainable development agenda. Social inequalities continued to remain highly visible, further compounded by the impact of Hurricane Matthew. 44. The decline in external funding and the suspension of some budgetary support from donors constrained public investment, which fell by 25 per cent in the fiscal year ending 30 September 2016, slowing growth to near zero in per capita terms. The shock in agricultural production further depressed output and pushed up prices. The national currency reflected those strains, weakening strongly against the dollar, its main trading foreign currency. Notwithstanding those challenges, the central bank eventually managed to slow the pace of gourde depreciation and resisted monetizing the fiscal deficit. 45. Real gross domestic product growth for fiscal year 2016/17 is expected to be reduced by at least 0.7 percentage points to approximately 2 per cent. The post-hurricane response, combined with the cost of elections, brought additional fiscal pressures and further delayed reforms, including the reduction in fuel subsidies, amounting to a total of 3 billion gourdes since October 2016. Ongoing reconstruction efforts requiring an increase in the import of goods and services are projected to widen the current account deficit. 46. The Ministry of Health, with the support of the United Nations and other partners, launched the HIV/AIDS national strategic plan for the period 2017 -2023. As part of the seventh national Caribbean-American Health/AIDS Awareness Day, a total of 4,000 people, including detainees and sex workers, were tested at 22 testing 10/23 17-03788 S/2017/223 sites across the country. MINUSTAH and the United Nations country team completed two projects aimed at strengthening the engagement of community leaders, women, young people and people living with HIV/AIDS. 47. In December, on the basis of the common country analysis and a human rightsbased approach, the Government and the United Nations country team finalized the United Nations Sustainable Development Framework for the period 2017 -2021, in close collaboration with civil society and development partners. As the first development framework since the earthquake of 2010, the plan seeks to support Haiti’s transition from emergency assistance to long -term development, in line with the Sustainable Development Goals and the national development plan. VIII. Findings from the strategic assessment mission 48. As requested in Security Council resolution 2213 (2016), in advance of the expiration of MINUSTAH on 15 April 2017, I deployed a multidisciplinary strategic assessment mission to Haiti from 6 to 11 February 2017, led by my UnderSecretary-General for Peacekeeping Operations to assess the situation in the country and make recommendations on the future role and presence of the United Nations. It was assessed that, since the establishment of MINUSTAH in 2004, Haiti and the Mission had registered a number of successes, notably in the stabilization of the security environment and the strengthening of the national police. The presence of uniformed operational capacity had contributed to the management of an often tense security situation, fed by a complex political environment. The good offices role of MINUSTAH was seen as critical in the resolution of political conflicts, encouraging a spirit of dialogue between political factions, including in connection with elections and political transitions. Notwithstanding the support provided to crucial legislative reforms, strengthening of key oversight institutions, developing a certification and evaluation process for judges and longer -term strategic plans for the Directorate of Prison Administration, progress in the areas of rule of law and human rights had been markedly slower. The outbreak of cholera in the country has had a negative impact on the country’s development and on the public percep tion of MINUSTAH. 49. Notwithstanding the recent positive developments since the successful conclusion of the electoral cycle, Haiti is still in a delicate period of political transition, pending the formation of the new Government and the definition of i ts governance priorities. It is therefore important to assess how best to address longstanding risks of instability caused by a combination of a culture of zero -sum politics, deep-rooted political polarization and mistrust, poor socioeconomic and humanitarian conditions and weak rule of law institutions and serious human rights challenges. At the same time, the national police, the only Haitian security force, has yet to build adequate capacity to address all instability threats inside the country, independent of an international uniformed presence and in line with human rights standards. Both the threat assessment and the assessment of national police capacities suggest the need for the provision of continuous operational support in parts of the country, including the metropolitan area of Port-au-Prince with its continued gang activity, and North and South Departments, where the presence of the national police remains low. 17-03788 11/23 S/2017/223 50. The guiding principle for the future role and presence of the United Nations in Haiti is to ensure a responsible transition that builds on the achievements of the past 13 years and allows for continued support for the priority stabilization and capacity building needs in the country. A key element will be to ensure that no security vacuum is created or perceived by a sudden, complete withdrawal of the Mission’s uniformed operational elements, which spoilers may be tempted to exploit. Instead, a gradual withdrawal will ensure a progressive testing of the national police’s capacity to assume, over time, full responsibility for the security needs in the country, including an increase in public confidence. Such a strategy would reduce the possibility of a repetition of the failures of past transitions, such as the rapid decline of national police capacity, impartiality and credibility following the closing of the United Nations peacekeeping operation in Haiti in March 2000, which led to the ensuing electoral crisis and large-scale public unrest. The second important consideration is to ensure that the follow-on United Nations presence is able to exercise a strong political and good offices role that remains crucial to enabling a stable political environment and accompanying Haiti towards further progress and its reform priorities, in particular with regard to the rule of law and human rights. IX. Conduct and discipline 51. MINUSTAH continued to enforce the Organization’s policy of zero tolerance of sexual exploitation and abuse. It pursued the implementation of a three -pronged conduct and discipline strategy for all categories of United Nations personnel. The measures consisted of prevention of misconduct, training and awareness -raising activities, community outreach and awareness-raising and the enforcement of United Nations standards of conduct, complemented by remedial action through assistance to victims. X. Financial aspects 52. The General Assembly, by its resolution 70/276, appropriated the amount of $345.9 million for the maintenance of the Mission for the period from 1 July 2016 to 30 June 2017. As at 22 February 2017, unpaid assessed contributions to the Special Account for MINUSTAH amounted to $55.7 million. The total outstanding assessed contributions for all peacekeeping operations as at that date amounted to $1,840.4 million. Reimbursement of troop and formed police costs has been made for the period up to 31 October 2016, while reimbursement of the costs of contingent-owned equipment has been made for the period up to 30 Se ptember 2016, in accordance with the quarterly payment schedule. XI. Observations and recommendations 53. Haiti reached a major milestone on its path to stabilization, with the peaceful conclusion of the electoral process and the return to constitutional order on 7 February 2017. I commend the leadership and commitment demonstrated by the national authorities, including the Government, the Provisional Electoral Council and the Haitian National Police, to finance, organize and provide securit y for 12/23 17-03788 S/2017/223 credible and inclusive elections, notwithstanding the humanitarian impact of Hurricane Matthew. The success of the elections and the smooth transition of power to a new President bear testimony to the increased maturity and capacity of the Haitian institutions and the growing commitment of the country’s key stakeholders to addressing differences through dialogue and legal channels. While disheartened by the low number of women elected to Parliament, I am pleased with the considerable number elected to municipal office. I urge all Haitian actors to continue to support women’s engagement in political decision -making and their increased participation in public office at all levels. 54. I congratulate the President on his election and inauguration. I am e ncouraged by his stated intention to serve the interests of all Haitians and to promote a sense of unity in the country, following a period of political polarization preceding the elections. I am also encouraged by calls from political and civil society le aders for a broad-based dialogue to forge a common vision for progress and reform in key areas, including development, the consolidation of the rule of law and possible constitutional reform. I urge the President, together with his new Government and Parliament, to move this dialogue process forward and to articulate an institutional reform agenda with priorities that address the most pressing sociopolitical and economic challenges. In that regard, I encourage the swift formation of the new Government on the basis of a smooth parliamentary approval process. 55. The return to constitutional order and a continued period of political stability ahead will, it is hoped, allow Haiti to move from economic fragility to sustainable growth, with the help of significant international assistance and the implementation of the United Nations Sustainable Development Framework for the period 2017 2021. Haiti will also continue to require longer-term support to address the humanitarian needs subsequent to the cholera outbreak and the passage of Hurricane Matthew and the country’s general vulnerability to natural disasters. 56. The development of a joint MINUSTAH and United Nations country team transition plan builds on the tangible results achieved by the completion of the Mission’s consolidation plan at the end of 2016. The finalization and implementation of this transition plan must be rapidly achieved following the decision of the Security Council on a future United Nations presence and should be based on a shared vision between the United Nations family and the Government. The year 2017 is an important one for the consolidation of the hard -won gains of previous years, given the new Haitian leadership, and the United Nations transition process should be carefully planned so as to bolster sustainability in the longer term. 57. I therefore recommend, in line with the findings of the strategic assessment, that the mandate of MINUSTAH be extended for a final period of six months and that the Mission close by 15 October 2017. The military component should undergo a staggered but complete withdrawal of the 2,370 personnel within this time frame. Likewise, the Mission’s civilian tasks would be reduced immediately, in a phased manner. 58. I also recommend that the closure of MINUSTAH be accompanied by the establishment of a successor mission, with a new name, which would work in an integrated manner with the United Nations country team in addressing residual stabilization needs in the country. The successor mission would be a smalle r peacekeeping operation focused on rule of law and police development. The good 17-03788 13/23 S/2017/223 offices and advocacy role of the mission leadership at the political level would remain at the core of its mandate to support political stability, good governance, including electoral oversight and reform, the rule of law and human rights with gender principles holistically mainstreamed. The mission would be headquartered in Port-au-Prince, from where it would also monitor and exercise an early warning function for conflict prevention, human rights and rule of law issues at the local level through the use of mobile teams. 59. The successor mission would retain 7 formed police units, reduced from the current 11, deployed to five regional departments to safeguard the fragile security gains of the past years though the provision of operational support to the national police and through a robust deterrence posture. The number of formed police units would be adjusted downward and harmonized with the gradual build -up of the national police within a two-year time frame. 60. The continued presence of a complement of 295 individual police officers, reduced from the current 1,001, would play a key role in the implementation of the priorities contained in the strategic development plan of the national police for the period 2017-2021, in line with international human rights standards. The individual police officers would be responsible for supervisory mentoring and for providing strategic advice to senior-level officers assigned to the police academy, departmental directorates, main commissariats, specialized units and the office of the Director General of the national police. The technical advisory programme would require the identification of highly qualified individual police officers, supported by a number of civilian posts, to provide training on the national police’s administrative capacity, such as strategic planning, procurement, budget, payroll and fuel management. Government-provided corrections personnel would be reduced from the current level of 50 to 38, with an approach focusing on more fully engaging the national police in efforts to strengthen the management of the Directorate of Prison Administration. 61. An innovative approach to the rule of law is required. Such efforts should be planned, led and implemented by Haitian counterparts, building on a thorough assessment to be conducted by the Global Focal Point for Police, Justice and Corrections Areas in the Rule of Law in Post-Conflict and Other Crisis Situations and on experiences from the region. In addition to addressing the challenges of the criminal justice chain with the aim of specifically encouraging and supporting the engagement of Haitian institutions in rule of law reform and anti -corruption efforts, focus should also be placed on improving the commercial law framework and providing incentives to attract greater foreign investment in Haiti. The approach should increase the emphasis placed on integrated programmatic activities for capacity-building, including through community approaches in fragile communities, and mutual accountability with the Government supported by the successor mission’s strong good offices. The rule of law efforts of the successor mission should be part of a strategy towards a continued, progre ssive transition of activities to development actors, drawing upon assessed programmatic funding, while increasingly relying on donor contributions through resource mobilization. The successor mission could also be positioned to provide support to the “Eta ts généraux sectoriels de la Nation”, a priority announced by the President to bring people closer to State institutions and to a possible constitutional reform process, at the request of the Government. 14/23 17-03788 S/2017/223 62. Given that human rights is an essential element to Haiti’s stability, the successor mission would also be mandated to conduct human rights monitoring, reporting and analysis and, in consultation with the Government, provide support to address impunity and strengthen the capacity of rule of law and huma n rights institutions and civil society, in line with, among other things, the human rights due diligence policy. It is also recommended that the successor mission, in coordination with the United Nations country team, develop a coherent strategy on gender and sexual and gender-based violence and provide support to the systemization of programming on gender and sexual and gender-based violence in the security and judicial institutions to help to ensure that victims have access to justice and that existing laws are applied. 63. With the completion of the consolidation plan of MINUSTAH and the implementation of a transition plan, a broader framework of mutual accountability or “compact” among the incoming Government, the United Nations and the international community could be developed as part of a political strategy to enhance the effectiveness of the support of the follow-on United Nations presence in the country. Doing so would help to focus relevant commitments, taking into account the existing aid coordination mechanisms and accountability frameworks, thereby paving the way for Haiti’s removal from the Security Council agenda. Strong Haitian ownership, in addition to broad international support, will be required. As the United Nations gradually and responsibly draws down its presence, I encourage international partners and individual Member States to also review the support that they provide to Haiti to minimize the risk of jeopardizing the gains attained to date. 64. The United Nations country team should work to strengthen the humanitariandevelopment-stabilization nexus, with more integrated and streamlined analysis and planning. Both it and the successor mission, together with the Government, should conduct a common risk assessment and base humanitarian capacity-building and preparedness plans on the agreed outcomes of such an assessment. A solid integrated coordination office under a Deputy Special Representative -Resident Coordinator/Humanitarian Coordinator within the successor mission structure should help to spearhead such processes, which should form part of a revived and Government-led aid coordination effort aimed at harmonizing existing development frameworks and establishing priorities, with support from the United Nations. 65. Notwithstanding recent progress, the country remains extremely vulnerable to cholera. Root causes of the epidemic remain. Only 25 per cent of the Haitian population has access to adequate sanitation, only 58 per cent has access to safe water and access to health-care services is limited. Nevertheless, there has been significant progress in reducing the number of suspected cases since the passage of Hurricane Matthew. It is critical that this momentum be maintained and that both tracks of the new approach to cholera be adequately funded. Political engagement with the authorities at the Mission leadership level will complement implementation efforts by the county team under the coordination of a Deputy Special Representative-Resident Coordinator/Humanitarian Coordinator. 66. The concurrent closure of MINUSTAH and start-up of a successor Mission will be planned in a manner to ensure that critical functions are defined and appropriate support capacity maintained, in particular given that the geographic 17-03788 15/23 S/2017/223 distribution of MINUSTAH will pose challenges to its drawdown and closure. These processes will be performed in compliance with United Nations environmental management guidance. 67. In conclusion, I would like to express my gratitude to my Special Representative for Haiti, Sandra Honoré, for her invaluable contributions to Haiti’s stability and to the civilian and uniformed personnel of MINUSTAH for their unwavering commitment during the past 13 years to achieve MINUSTAH’s mandate. I would also like to pay tribute to the United Nations country team, as well as to donors and partners, for their continued support and engagement in Haiti. 16/23 17-03788 S/2017/223 Annex I Consolidation plan for the period 2013-2016 for the United Nations Stabilization Mission in Haiti 1. In my report to the Security Council of 8 March 2013 ( S/2013/139), I outlined a plan for the consolidation of MINUSTAH that focused Mission activities on a core set of mandated tasks, to be achieved by the end of 2016. In the process of consolidating its substantive, security and support pillars, MINUSTAH was to progressively reduce its engagement in areas in which other international actors had a comparative advantage or long-term institution-building went beyond the expected lifetime of the Mission. Over the past four years, MINUSTAH has scaled down from 6,270 to 2,370 troops and reduced its yearly budget from $648,394,000 in 2012-2013 to $346,688,800 in 2016-2017. The consolidation plan has enabled the Mission to deliver on its key functions more efficiently and cost-effectively, while reducing its footprint. Police development 2. The police component of MINUSTAH has focused its activities on increasing the national police’s operational and administrative effectiveness. The goal of training at least 1,000 new police officers annually was achieved, and following the graduation of the twenty-eighth promotion at the end of 2017, the national police will reach the minimum target of 15,000 officers, with 9 per cent wo men. Support from co-located MINUSTAH police officers has helped to increase the professionalization of the police school and the police academy, which, with six new classrooms and four dormitories, can train 88 mid-level and upper-level officers at a time. 3. The national police’s administrative capacity was enhanced through the joint drafting of logistical management manuals and MINUSTAH -provided training on human resources, communications and fleet and armoury management. Setting up the “114” emergency number, at a cost of $11 million, has allowed for easier access to police services and faster response times. Specialized skills were improved through MINUSTAH-facilitated training sessions in areas ranging from criminal investigation and ballistics to crowd control. The fact that, in crowd-control training, nearly 90 per cent of officers were trained by national trainers signals the police’s commitment to assuming full training responsibility. The strengthening of specialized capacity in the prison system has included the development of a prison health-care policy, the adoption of prison emergency plans and training on prison records management. Haiti’s border management still has limited operational capacity, but a land border police directorate has been e stablished, with 120 graduates from the twenty-seventh promotion soon to receive specialized training. 4. With the 2016/2017 budget of the national police amounting to $132.5 million, the Government now spends 7.2 per cent of its budget on the police. Thi s represents a significant increase compared with the 4.77 per cent figure in 2012 -2013. 5. The proportion of police officers deployed outside the metropolitan area of Port-au-Prince has been raised to 43.9 per cent, well beyond the 33 per cent 17-03788 17/23 S/2017/223 benchmark. Although the police has attained a presence in all 140 communes across the country, it is still present in only 262 of 570 communal sections and requires additional police stations and more equipment and personnel per station to fully operate. Electoral capacity-building 6. The Provisional Electoral Council demonstrated leadership over the electoral process and progressively improved both its performance and the quality of the process by adopting a number of policies and measures designed to increase operational efficiency and to solidify the integrity of the institution, with reduced support from the United Nations and other partners. The successfully completed first and second rounds of the elections marked the first time that the Government has borne the costs of electoral operations with limited financial assistance from donors. National and international observer groups alike concurred in their favourable assessment of the elections. 7. Operationally, there has been a clear emphasis on practical training targeting the weaker areas identified in previous elections, such as the training of poll workers and the planning and coordination of electoral operations. Policies have been introduced to increase the accountability of electoral officials and im pose penalties for those violating their code of conduct. The Provisional Electoral Council’s efforts bolstered public confidence in the electoral management body. Notwithstanding these improvements, the Council remains fragile institutionally owing to its non-permanent status. Broader electoral reforms, including the establishment of a permanent electoral council, the review of both the electoral legal framework and the dispute mechanisms, and capacity-building for the operational and logistical capacities of a reformed council can build on these steps. Rule of law and human rights 8. The protracted political crisis, among other factors, hampered progress in the rule of law and human rights area. Long-standing vacancies on the Supreme Court limited its functioning, yet the Government has not managed to appoint new judges, and the vetting process for new magistrates has stagnated. The Office of the Ombudsperson was operationally strengthened through the placement of an international expert to assist in developing its strategic plan but it continues to lack sufficient funding, while the implementation of the strategic and operational plan of the Superior Court of Auditors and Administrative Disputes is still in its initial stages. Ongoing tension between the Superior Council of the Judiciary and the Ministry of Justice has hampered the former’s development and its ability to control judges’ personnel files or manage their career development. Independence of the judiciary, a key rationale for the creation of the Superior Council, is still far from guaranteed. 9. While MINUSTAH provided support for the drafting of new laws, the adoption of new legislation has stagnated. The draft criminal code and criminal procedural code, a law on gender equality and a framework to counter violence against women all await adoption. MINUSTAH supports the Ministry of Justice’s criminal law reform commission, which was established in September 2016 to advance the adoption of legislation. Positive exceptions have been the adopti on by 18/23 17-03788 S/2017/223 Parliament in September of laws to counter money-laundering and human trafficking and its approval of the reorganization of the financial intelligence unit. 10. Support provided by MINUSTAH has, however, led to tangible improvements. The national police has now vetted more than 10,000 of its officers, while the Office of the Inspector General has improved the quality and number of its investigations through co-location with MINUSTAH police officers. The Directorate of Prison Administration has developed policies and procedures to ensure compliance with human rights standards in all prisons. Key governance issues 11. MINUSTAH has worked with the Ministry of the Interior and Local Governance to improve public service delivery through support for l ocal and departmental administrations. As a result, all 140 municipalities are now able to formulate their own budgets, and the public procurement system has been improved through the establishment of the national commission for public procurement. Further professionalization of local governance is under way through the municipal administration modernization programme, supported by MINUSTAH. 12. In cooperation with MINUSTAH, on 27 September, the Provisional Electoral Council launched an electoral pact for the preservation of peace, to support a peaceful climate for the elections and a commitment to using the established electoral dispute resolution channels. Doing so assisted in the conclusion of the electoral process without major incidents and in complaints from presidential candidates being handled through the appropriate channels. 17-03788 19/23 S/2017/223 Annex II Composition and strength of the police of the United Nations Stabilization Mission in Haiti as at 23 February 2017 United Nations police officers Country Women Argentina Bangladesh Formed police units Men 19 6 Cameroon 15 5 Canada 10 81 Chad 40 4 Chile 4 7 Djibouti 33 5 Egypt 6 2 Ethiopia 29 8 France 1 Germany 1 2 Ghana 1 9 Guinea 4 India 13 5 1 Jordan 33 Madagascar 4 30 Mali 2 36 Nepal 16 Niger 13 71 Nigeria 1 2 Norway 3 3 Pakistan 316 13 125 139 Paraguay 1 1 Portugal 20/23 439 11 Jamaica Philippines 218 3 Burkina Faso Indonesia 82 39 Brazil El Salvador Men 15 1 Benin Colombia Women 11 1 Romania 3 24 Russian Federation 1 8 17-03788 S/2017/223 United Nations police officers Country Rwanda Women Men Women Men 1 17 21 139 15 14 144 130 1 520 Senegal Serbia Slovakia Formed police units 4 1 Spain 5 3 Sri Lanka 2 Sweden 1 3 Togo 21 9 Tunisia 10 Turkey 10 United States of America 1 18 Uruguay 5 Yemen 14 101 Total 683 784 1 650 2 434 17-03788 21/23 S/2017/223 Annex III Countries providing military staff and contingents to the United Nations Stabilization Mission in Haiti as at 31 January 2017 Staff officers Country Women Troops Men Women Men Total Argentina 6 25 41 72 Bangladesh 2 2 108 112 15 954 981 Bhutan 1 Brazil a 12 Canada 1 1 4 Chile 3 Ecuador 1 5 14 2 5 Honduras 43 43 47 54 47 47 Jordan 3 Mexico 3 Nepal 3 Paraguay 1 5 77 83 Peru 3 9 148 160 Philippines 2 14 120 136 Sri Lanka United States of America 1 Uruguay Total a 22/23 390 1 El Salvador Guatemala 373 2 3 3 6 3 2 2 4 5 5 14 220 239 56 103 2 181 2 343 The Force Commander is employed on a United Nations contract and hence is not reflected in the troop strength. 17-03788 S/2017/223 17-03788 23/23