(2018-08) MINUJUSTH - Rapport du Secrétaire général sur la Mission des Nations Unies pour l'appui à la Justice en Haïti (S/2018/795)
Resume — Rapport du Secrétaire général sur la Mission des Nations Unies pour l'appui à la Justice en Haïti (MINUJUSTH), soumis au Conseil de sécurité des Nations Unies sous la cote S/2018/795 en août 2018. Il rend compte de l'évolution de la situation en Haïti au cours de la période considérée : situation politique et sécuritaire, droits de l'homme, situation humanitaire et progrès dans la mise en œuvre du mandat de la mission.
Constats Cles
- Rapport du Secrétaire général sur la Mission des Nations Unies pour l'appui à la Justice en Haïti (MINUJUSTH), cote S/2018/795, août 2018.
- Couvre la situation politique, sécuritaire, des droits de l'homme et humanitaire en Haïti sur la période.
- Évalue la mise en œuvre du mandat de la mission et formule des recommandations au Conseil de sécurité.
- S'inscrit dans la série continue des rapports du Secrétaire général sur Haïti (MINUSTAH, MINUJUSTH, BINUH).
Description Complete
Ce rapport du Secrétaire général des Nations Unies sur la Mission des Nations Unies pour l'appui à la Justice en Haïti (MINUJUSTH) a été soumis au Conseil de sécurité sous la cote S/2018/795 (août 2018). En tant qu'édition du rapport périodique du Secrétaire général sur la présence des Nations Unies en Haïti, il expose l'évolution de la période considérée : processus politique et gouvernance, environnement sécuritaire, état de droit et droits de l'homme, situation humanitaire, ainsi qu'une appréciation de la mise en œuvre du mandat de la mission et des recommandations au Conseil de sécurité. Il s'inscrit dans la série continue des rapports du Secrétaire général sur Haïti couvrant les mandats de la MINUSTAH, de la MINUJUSTH et du BINUH. Les chiffres et constats précis devraient être cités directement dans le rapport.
Texte Integral du Document
Texte extrait du document original pour l'indexation.
S/2018/795
United Nations
Security Council
Distr.: General
30 August 2018
Original: English
United Nations Mission for Justice Support in Haiti
Report of the Secretary-General
I. Introduction
1.
The present report is submitted pursuant to Security Council resolution 2410
(2018), by which the Council extended the mandate of the United Nations Mission
for Justice Support in Haiti (MINUJUSTH) until 15 April 2019 and requested me to
report to the Council every 90 days on the implementation of the resolution. It covers
major developments that have occurred since the issuance of my previous report, on
1 June 2018 (S/2018/527), progress on the benchmarked exit strategy and an update
on timelines for the transfer of tasks and responsibilities for handover to the
Government, in coordination with the United Nations country team.
II. Major developments
A.
Political situation and related developments
2.
During the reporting period, the fragile political stability of Haiti was tested
following an announcement by the Government that it would remove fuel subsidies,
which led to a spike in fuel prices and an outbreak of violent protests, primarily in
Port-au-Prince, precipitating the resignation of the Prime Minister, Jack Guy
Lafontant. The removal of the subsidies was one of the structural reform measures
that the Government had agreed upon with the International Monetary Fund as part
of a staff-monitored agreement to rationalize expenditure and enhance critical public
investment.
3.
Before the protests, tensions had been growing between the executive and
legislative branches, when 16 parliamentarians from the Chamber of Deputies (the
lower chamber) submitted a censure motion against the Prime Minister, alleging
government corruption, inefficiency and violation of the Constitution. On 28 June,
the vote on the motion was suspended amid uncertainty arising from a letter issued
by the Superior Court of Audits and Administrative Disputes, notifying the chamber
that four of the five ministers appointed in the government reshuffle of 23 April,
including the Minister of Justice and Public Security, had not received certificates
attesting to their financial probity, having managed public funds in previous
functions, as required by the Constitution.
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4.
The protests began on 6 July, seemingly as an expression of public frustration
triggered by the increase in fuel prices of 38, 41 and 51 per cent for gasoline, diesel
and kerosene. Soon thereafter, hundreds of roadblocks were erected across the
country and specific businesses were targeted by acts of vandalism in what appeared
to be coordinated action. On 7 July, the Prime Minister announced the immediate,
temporary suspension of the removal of the subsidies, which did little to quell the
protests. However, by nightfall the President, Jovenel Moïse, called for calm in an
address to the nation, whereupon the violence abated and was followed by a general
strike on 9 and 10 July. On 9 July, the President initiated talks with political parties,
the private sector and the heads of the legislative and judicial branches to seek a
solution to the situation.
5.
On 13 July, the Security Council called upon all parties to remain calm, exercise
restraint and avoid acts that could contribute to instability. Tensions and threats of
further protests subsided when the Prime Minister announced his resignation on
14 July during a session convened to debate a vote of no confidence in the lower
chamber. In an address to the nation, the President confirmed that he had accepted the
resignation of the Prime Minister and his Government and committed himself to
consulting all sectors to form a new, inclusive Government to combat poverty and
develop agriculture, energy and infrastructure. On 17 July, he began formal
consultations for the appointment of a new Prime Minister, meeting among others the
heads of the parliament and representatives of religious groups and the private sector.
On 5 August, he signed a presidential order appointing a well -known political figure
and former presidential candidate, Jean Henry Céant, as the new Prime Minister. At
the time of writing, the holding of the vote of confidence on the Prime Minister designate’s policy statement had yet to be held in the parliament.
6.
Activity in the parliament was characterized b y marked absenteeism and limited
legislative action in both chambers. On 3 July, the Senate adopted two draft laws, on
the promotion of culture and on access for persons with disabilities to buildings and
facilities, which were transmitted to the executive for promulgation. On 4 July, the
Senate adopted a draft law on the supervision of teachers, which was sent to the lower
chamber for further consideration and vote. On 24 July, the lower chamber adopted a
draft law on the creation of a fund for persons wit h disabilities and a draft organic
law of the Ministry of the Environment. On 7 August, the Senate adopted a draft law
on the creation, organization and functioning of the National Council on Legal Aid,
which is to be sent to the lower chamber.
7.
On 11 July, the temporary suspension of the removal of fuel subsidies led to the
recall of the draft 2017/18 budget amendment and the draft 2018/19 budget, submitted
to the parliament on 28 June. A retreat of the lower chamber originally scheduled for
the period from 6 to 8 July to discuss the draft Criminal Code and Code of Criminal
Procedure, both pending adoption, was postponed to a date yet to be announced.
8.
On 4 July, at the thirty-ninth regular meeting of the Conference of Heads of
State and Government of the Caribbean Community, held in Jamaica from 4 to 6 July,
the President of Haiti handed over the rotational chairmanship of the organization to
the Prime Minister of Jamaica. The advocacy of the President of Haiti during his
tenure led to an agreement on the holding of a special session in February 2019 on
the free movement of people, goods, services and capital throughout the Caribbean.
B.
Economic situation
9.
The projected economic growth from 1.2 per cent in 2017 to 1.8 per cent in 2018
is unlikely to be achieved, owing to the reversal of the fuel price adjustment. While
measures are under review to address the financial shortfall that would be generated
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by continued fuel subsidies, without identification of alternate sources of revenue, the
expected retrenchment of capital spending, increased financing from the central bank
and the accumulation of arrears may affect growth and macroeconomic stability
negatively in the short term. The State-owned electricity utility continues to
overburden public finances, despite the increase in billing and collection rates
recently announced by the authorities. Meanwhile, inflation reached 14 per cent at
the end of May.
10. On 2 July, at a meeting of the committee on aid effectiveness, the President
called for greater alignment of external cooperation with government priorities. The
Government and its financial and technical partners committed themselves to
revitalizing three thematic working groups on the rule of law, the legislative agenda
and a draft law on aid cooperation and governance. The “mainstreaming,
accelerations and policy support” report of the United Nations Development
Programme (UNDP), shared with the Minister of Planning and External Cooperation
on 24 July, confirmed the continued support of the United Nations system for the
Government’s efforts to implement the 2030 Agenda for Sustainable Development.
C.
Humanitarian situation
11. Humanitarian actors continued to help in building the disaster-preparedness
capacity of the State through support to the Directorate of Civil Protection. In
preparing for the hurricane season, the Directorate revised its national contingency
plan, and an emergency fund of $30,000 was allocated to each region in the amended
2017/18 budget. On 2 and 3 August, a simulation exercise, led by the Directorate, was
held in the West, South and Nippes Departments to improve the coordination of
hurricane emergency operations. From 28 to 30 May, a training session for 60 trainers
was held in Port-au-Prince to reinforce the capacity of the regional civil protection
structures and the intersectoral disaster preparedness group to undertake multisectoral
initial rapid assessments in the event of a disaster. On 27 July, the United Nations
Children’s Fund (UNICEF) and the Directorate jointly led a natural disaster
preparedness workshop for protection actors, at which the centrality of protection
across all humanitarian sectors was highlighted. From 20 to 24 August, the Office for
the Coordination of Humanitarian Affairs held a disaster asse ssment and coordination
training session for national authorities and decentralized State structures.
12. As of June, food and livelihood assistance had been provided to some 460,000
of the 1.13 million Haitians in situations of vulnerability, notably thro ugh school
feeding programmes. Food availability in markets is expected to improve following
the June to August harvest. Nevertheless, the relatively significant rise in international
prices for rice and wheat, combined with the risk of a depreciation of t he national
currency against the dollar, could accentuate the increase already observed in the price
of basic commodities, such as imported and local rice.
13. The 2018 humanitarian response plan, the aim of which is to reach 2.2 million
Haitians with humanitarian and protection assistance and for which an amount of
$252.2 million will be required, had received 9.4 per cent of its funding as at
27 August.
14. Closing the chapter on cholera in Haiti remains a top priority of the United
Nations. Under the leadership of my Special Envoy for Haiti, the Organization
continues to implement the new United Nations approach to cholera in Haiti. The
downward trend observed since late 2016 is continuing. If progress is maintained,
with reliable funding and engagement from all partners, through the hurricane season,
which is the riskiest period for spikes in cholera, it will represent another step forward
towards the now-achievable goal of zero transmission. During the week of 5 to
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11 August, 35 suspected cases were registered, representing an acute decrease from
the 18,500 cases per week that were registered by the Ministry of Public Health and
Population at the peak of the epidemic. The results are testimony to the leadership of
the Government and the relentless work of the United Nations and partners.
Furthermore, the implementation of track 2 of the new United Nations approach —
developing a community-led consultations model to benefit and support affected
communities — is already under way in those communities that were most affected.
15. The return of Haitians remains difficult to monitor. Figures reported by the
General Directorate of Migration of the Dominican Republic reveal a substantial
increase in the number of deportation cases of Haitians from the Dominican R epublic
in January 2018, with 12,074 deportations recorded, an increase of 245 per cent from
the same period in 2017. It is estimated that over 96,000 Haitians will return
voluntarily or through force from the Dominican Republic in 2018. Most deportees
arrive in Haiti in precarious conditions, without resources and separated from their
families.
III. Mandate implementation
16. As requested by the Security Council in its resolutions 2350 (2017) and 2410
(2018), MINUJUSTH established a mechanism to monitor progress in the
implementation of the benchmarked two-year exit strategy to a non-peacekeeping
United Nations presence in the country. The data collection and analysis for the 46
indicators outlined in my previous report continue to be conducted in collaboration
with the United Nations country team and national stakeholders, using the existing
monitoring and evaluation mechanisms of the United Nations Development
Assistance Framework. This joint monitoring mechanism, enhancing the coordination
of actions planned by MINUJUSTH and the United Nations country team in support
of the Government, will further facilitate the transfer of tasks and responsibili ties.
The progress made during the reporting period is outlined in annex I to the present
report.
17. Following the recent protests and civil unrest, MINUJUSTH is stepping up its
community violence reduction programme to mitigate pockets of community
violence, thus contributing to the implementation of benchmarks 2 and 6. The
programme is engaging at-risk young people, women and other marginalized groups
in fragile neighbourhoods in income-generating activities and encouraging
community dialogue. In response to the previously reported increase in gang activity
in the Port-au-Prince neighbourhoods of Grand Ravine and Martissant, the
programme launched three separate initiatives in partnership with the national
organization Lakou Lapè and international partners Viva Rio and Terre des Hommes,
which together are aimed at mobilizing communities, engaging gang leaders and
fostering dialogue to promote peace, as well as reintegrating at -risk young people
through income-generating activities and small-scale entrepreneurship. These
community violence reduction initiatives complement interventions by the national
police and offer opportunities for livelihood as an alternative to gang membership,
mobilizing and raising the awareness of community members in the most
marginalized urban areas about security and rule of law issues, thus promoting
community support and trust in the work of the national police and rule of law
institutions.
18. MINUJUSTH mobile teams supported 17 town hall debates throughout the
country to raise community awareness of the rule of law, with an additional 32
activities and three projects on the rule of law, financed through the 2017/18 budget
for community violence reduction, initiated in August. Based on the field assessments
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by mobile teams, 17 quick-impact projects under the 2017/18 budget, aimed at
improving the basic structures of rule of law institutions in the justice, corrections
and police sectors, are under way.
19. Under the joint rule of law programme, the Mission and the United Nations
country team continued to support rule of law institutions in line with the
MINUJUSTH mandate and as a vehicle to facilitate the transition. The programme
supported oversight and accountability bodies, such as the Superior Council of the
Judiciary, the Office of the Ombudsperson and national human rights institutions,
including through the use of programmatic funding. The development of the draft
five-year strategic plan of the Superior Council is one of the achievements thus far.
20. The Mission is continuing to implement its mandate on the protection of
civilians by establishing coordination mechanisms and developing the first quarterly
assessment of threats to civilians. The major threats identified are human rights
violations by the national police, violence resulting from gang activity and violence
triggered by major civil unrest, massive deportation and/or the spontaneous return of
Haitian migrants, and natural disasters.
A.
Security and police development (benchmarks 1 and 4–6)
21. The MINUJUSTH police component continued to provide operational support
to the national police in crime reduction operations and conducted 268 joint
temporary checkpoint operations, 392 on-foot patrols, 1,772 vehicle patrols and 10
joint police operations. In response to the violent protests in Port-au-Prince between
6 and 8 July, 11 crowd control operations were conducted in support of the national
police. MINUJUSTH also provided 147 flyovers to support the gathering of real -time
information for informed decision-making and a timely response by the national
police.
22. In accordance with benchmark 6, data sourced from the national police between
1 June and 2 August suggest that the level of violent crimes remained constant and
equal to that in the same period in 2017, with 173 homicides reported, more than half
of which were committed in the Port-au-Prince metropolitan area. Lynching
continued to decrease slowly, 11 cases being reported countrywide compared with 15
for the same period in 2017.
23. Nonetheless, gang activity continued to increase, severely testing national
police efforts to contain its expansion in the southern districts of Port -au-Prince, in
Martissant and Bicentenaire, particularly in Village de Dieu. Seven gang -related
incidents were reported between 1 June and 2 August, compared with three for the
same period in 2017, as well as a major episode of civil unrest. On 11 June a national
police patrol operating in southern Port-au-Prince was attacked, apparently in
retaliation for the alleged killing of a me mber of the Arnel gang by the national police
on 9 June. The well-known leader of a gang from Grand Ravine, Junior Decimus, also
known as Tèt Kale, who was released from detention on 11 June, promptly sought to
regain control of his former neighbourhood and was killed on 5 July in a confrontation
with a gang from Ti Bois. The presence of criminal gangs has also been reported in
the Nippes, Artibonite and North Departments, the first two being among the three
departments from which the Mission will be withdrawing formed police units.
24. While the overall number of civil protests reflected a decrease of 8 per cent from
the same period in 2017, with 108 incidents reported between 1 June and 2 August
compared with 118, the number of violent protests increased, with 37 violent
demonstrations compared with 30 for the same period in 2017. It culminated in the
major violent protests between 6 and 8 July. The unrest was initiated by groups of
young men who moved rapidly across the greater Port-au-Prince area, setting up
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roadblocks, burning tyres and firing in the air, effectively shutting down the entire
metropolitan area within a few hours. Initially unimpeded by law enforcement
officials, the movement gradually gathered larger crowds, who ransomed passers -by,
burned vehicles and looted and ransacked businesses in the Port-au-Prince
metropolitan area and the communes of Pétion-Ville, Delmas and Tabarre. At least
two national police officers and six civilians were reported as killed and extensive
material damage to private businesses was registered. Similar unrest, on a lesser scale,
took place across the country. Over 100 people arrested in relation to the incidents
remained in detention at the national penitentiary at the time of reporting.
25. On 28 May, a presidential decree was issued, conferring upon the Superior
Council of the National Police the authority to approve appointments and transfers of
national police officers. Civil society organizations and political parties expressed
concern that the order might reduce the autonomy of the Director General of the
national police and influence the management of the police, the chain of command,
the morale of officers and public confidence in the apolitical nature of the security
system. Nevertheless, after a meeting with the President on 31 July, the Director
General, Michel-Ange Gédéon, announced several appointments and transfers of
senior officers, effective on 1 August. This was the second series of senior -level
appointments that did not strictly comply with the presidential decree. The changes
included the leadership of the three central directorates, several departmental
directorates, the Directorate of Prison Administration and the composition of the front
office of the Director General.
26. In August, in accordance with benchmark 4, the national police and
MINUJUSTH completed the first joint annual assessment of the strategic
development plan for the national police for the period 2017 –2021. Preliminary
outcomes of the assessment indicate that of the 108 priority actions scheduled to begin
in 2017 and 2018, 2 have been completed, 100 are ongoing and 6 are yet to start.
27. By 31 August, the national police strength will stand at 15,042 police officers,
including 1,379 women, and 2,973 civilian staff, including 1,0 76 women, with
32.7 per cent of personnel deployed outside the Port-au-Prince metropolitan area,
7.3 per cent short of the target of 40 per cent under benchmark 4. During the reporting
period, three cases of suicide were reported among national police offi cers, against
none in the same period in 2017. An increase in the number of officers killed and
wounded also reflected the challenges for the force, with three officers killed and
eight wounded, compared with two and three, respectively, in the same period of the
previous year.
28. Overall, the percentage of women in the police stands at 9.17 per cent, but is
expected to increase to 10 per cent with the graduation in October of more than 200
female cadets of the twenty-ninth promotion. Under benchmark 4, these efforts will
need to be maintained for the next three promotions. The training of 750 cadets of the
thirtieth promotion is scheduled to start in November following the completion of
physical assessments and interviews now under wa y. In accordance with
benchmark 4, MINUJUSTH and the United Nations Entity for Gender Equality and
the Empowerment of Women launched a joint project in August to strengthen gender responsive recruitment by the national police. The project has a dual approach that
includes the provision of logistical support to build the capacity of the Women ’s
Affairs National Coordination Office of the national police and offers targeted
technical support to potential candidates with a view to increasing the pass rate of
women sitting the national police entrance examination.
29. On 6 July, the MINUJUSTH specialized police team on sexual and gender-based
violence and the national police unit established to combat sexual offences
inaugurated a renovated building on the premises of the judicial p olice, financed by
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the Government of Norway. The completion of this project is an important milestone
in efforts by the national police to embed a specialized office for sexual violence
crimes within the judicial police directorate. Three 2 -day workshops on sexual and
gender-based violence were facilitated by the national police unit established to
combat sexual offences, the Port-au-Prince Court of Appeal and the Legal Service
Training College for 60 participants, including 21 women, from all levels of the
criminal justice system in the North, Nippes and Artibonite Departments. Rape and
other sexual and gender-based violence continue to be consistently underreported.
Nevertheless, national police statistics show steady progress in the number of sexual
and gender-based violence cases investigated. In that regard, between 1 January and
8 August, 149 cases were investigated, which suggests an increasing trend when
compared with the 181 cases investigated throughout 2017.
30. In cooperation with a national partner, MINUJUSTH launched an awareness and
community mobilization project aimed at strengthening the contribution of
community members and State actors to efforts to combat sexual and gender -based
violence, including with regard to bottlenecks in the legal p rocessing of cases. The
project is designed to reach some 200,000 people across 12 communes of the Grand Anse, South and Artibonite Departments. On 3 August, the Mission launched, with a
national partner, a project aimed at strengthening the capacity of th e national police
to establish a gender-sensitive recruitment mechanism.
31. In line with benchmark 4 on developing the police response capacity, the
national police continued to assume increased responsibility in the planning and
execution of complex operations, as evidenced in the implementation of joint
operations in crime-prone areas in southern Port-au-Prince and in the vicinity of the
international airport, as well as in the aftermath of the violent demonstrations on
6 July. The MINUJUSTH police component supported its national counterparts in
preparing the budget proposal for fiscal year 2018/19 in line with the funding
requirements for the strategic development plan. In addition, at a two -day workshop
held at the Police Academy in June, 29 national police officers received training in
drafting project proposals for submission to donors and the national authorities in the
framework of the strategic development plan.
32. During the reporting period, 16 infrastructure projects were under construction
or renovation, 4 of which were financed through quick-impact projects, 4 through the
joint rule of law programme for 2017–2018, 2 through bilateral cooperation,
1 through the sexual and gender-based violence specialized team and 5 by the
Government. Overall, since the adoption of the strategic development plan,
33 infrastructure projects have been implemented.
B.
Justice (benchmarks 1, 2, 5 and 6)
33. MINUJUSTH continued to support the jurisdiction of Port -au-Prince in efforts
to combat prolonged pretrial detention by working to increase the performance of the
jurisdiction in handling cases and improving access to justice. During the reporting
period, the committee on the criminal justice system held monthly meetings to assess
progress in the government action plan.
34. The number of criminal cases heard by the court of first instance of Port -auPrince increased in the second quarter by 102 per cent over the previous period, with
192 hearings held, including 22 immediate trial procedures and 19 cases of habeas
corpus. The number of files closed by investigating judges, which had increased by
22 per cent in the previous period, further increased by 17 per cent from 95 in the first
quarter to 111 in the second. During the same period, of the 348 criminal ca ses
received by prosecutors, 47.5 per cent were processed in real time, 40 per cent were
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dropped and the remaining 12.5 per cent were not immediately processed. To better
handle cases involving children, UNICEF supported the construction in Les Cayes of
a tribunal for such cases, which will be inaugurated before the end of the year.
35. As at 15 June, the two legal aid offices dedicated to pretrial detainees at the
national penitentiary, which began functioning on 7 May, had taken charge of 841
cases, of which 82 had been closed, comprising 17 backlogged cases and 65 more
recent ones, resulting in the release of 63 individuals. To date, the legal aid lawyers
have held 790 consultations helping to assess the status of inmates and collect
additional information, and consequently better prepare the defence. They have filed
65 habeas corpus requests pertaining to illegal detention cases. The objective of the
offices is to assist at least 50 per cent of pretrial detainees at the penitentiary by May
2019. Two additional offices dedicated to minors and women in pretrial detention at
the centre for the re-education of minors in conflict with the law and the Cabaret
prison were initiated in August. All four legal aid projects were implemented with the
technical support of MINUJUSTH and financed by its community violence reduction
programme to increase access to justice for vulnerable individuals, in particular
detainees, and thereby help to build community trust in the justice system.
36. The membership of the Superior Council of the Judiciary was renewed on 3 July
for a three-year term. Unlike in the past, no women were appointed. Of the nine seats,
five are held by new incumbents, two former councillors were reappointed and both
ex officio members, the President and the Public Prosecutor of the Court of Cassation,
kept their seats. Despite some achievements, the outgoing Council holds a weak
record in key mandated areas, such as the vetting, oversight, discipline and
performance appraisal of judges. Its performance was affected by an unclear division
of labour with its counterpart, the Ministry of Justice and Public Security, and by
budgetary constraints and allegations of interference by the other branches of power.
37. With MINUJUSTH support, the Council drafted its strategic plan for the period
2018–2023, benefiting from consultations with judicial actors, civil society members
and technical staff of the Council. It encompasses five strategic areas: strengthening
and developing the human resources of the judiciary, consolidating and strengthening
judicial inspection, consolidating and strengthening the administration of the Council,
bringing Haitian society closer to the justice system, and undertaking legislative
reform to improve the independence of the judiciary.
38. To assist the Council in fulfilling its legal obligation to produce its annual
activity reports and obtain data to inform decision-making, MINUJUSTH supported
nationwide data collection process and analysis of the state of the judiciary, in line
with benchmark 1. The report, currently in draft form, will provide a mapping and an
updatable electronic database of the judicial system.
39. The Vetting Commission, following the validation of the mechanism, prepared
an action plan to certify judges in all 18 courts of first instance and five courts of
appeal within two years. Adequate resources, which are yet to be identified, will be
required for its implementation.
40. Delays in the appointment of judges continue to hinder the normal functioning
of the judiciary. Of the 12 positions at the Court of Cassation, the highest court, 6
remain vacant, while a significant number of judges in the lower courts are awaiting
appointment. Of the 100 files submitted, 41 judges were appointed in May and 10 in
July. In addition, since 15 June, the direct integration of 48 trainee judges of the first
probationary training course at the Legal Service Training College, including six
women, to fill vacancies in the Peace Tribunals of the South Department is pending.
On 30 June, the first promotion of 40 court clerks, including 8 women, graduated
from the Training College. MINUJUSTH provided technical and logistical support
for the training.
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C.
Corrections (benchmarks 1, 3 and 5)
41. The penitentiary system continues to be characterized by acute overcrowding —
a 365 per cent occupancy rate — owing to the high prolonged pretrial detention rate,
with 75 per cent of the total prison population unsentenced, indicating no percentage
change since the issuance of my previous report. As at 6 July, the prisons held 11,788
detainees, including 427 women, as well as 294 male and 18 female juveniles.
42. Overcrowding, low staffing levels, a semi-skilled workforce and a lack of
resources largely owing to budgetary constraints continue to have a negative impact
on the functioning of the prison administration, which remains subsumed under the
national police and lacks financial and administrative autonomy.
43. MINUJUSTH continues to provide technical support to the Directorate of Prison
Administration to develop and implement targeted and dedicated recruitment and
build administrative and managerial capacity, in preparation for the independent
management of the financial and administrative resources of the Directorate. To this
end, MINUJUSTH and the Directorate organized training for 110 prison staff,
including 18 senior management officers, of whom 5 are women, 66 mid -level
managers, including 1 woman, and 26 female administrative assistants. Thus far,
82 per cent of the senior level managers have benefited from advanced skills training.
In addition, 94 graduates, including 14 women, from the twenty-eighth promotion of
the national police were integrated into the penitentiary system, increasing the
number of officers to 1,182. UNICEF provided direct support to the Directorate to
reinforce its capacity to assist children in conflict with the law, including at the
Delmas 33 children’s rehabilitation centre.
44. MINUJUSTH continued to assist the Directorate of Prison Administration in the
certification of nine prisons as capable of operating without full-time international
support. The Mission provided targeted support in completing a general analysis of
routine operational activities and contingency plans to address shortfalls in the
certification process.
45. With respect to health conditions, 51 deaths in detention, of which 50 resulted
from illness and 1 from suicide, were recorded from 1 January to 6 July (an annual
rate of 8 per 1,000 detainees), marking a reduction from the 126 cases registered f rom
January to June 2017. MINUJUSTH continues to support the Directorate in the
implementation of the medical road map in partnership with the Ministry of Public
Health and Population, the World Health Organization and other health partners. The
Mission continues to support the improvement of prison conditions and infrastructure
and the social reintegration of detainees through the implementation of two
community violence reduction projects and quick-impact projects.
46. The Mission is rolling out an automated detainee records management system
in prisons in Les Cayes, Cap-Haïtien, Fort Liberté and Cabaret, as well as at the centre
for the re-education of minors in conflict with the law. Meanwhile, at the national
penitentiary, 4,700 detainee files have been processed. There has been no progress in
the adoption of draft legislation on prisons and on elevating the prison administration
to a central directorate of the national police with financial and administrative
autonomy.
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D.
Human rights (benchmarks 4–9)
47. MINUJUSTH continued to work with national institutions to strengthen the
national human rights protection framework. In May, it conducted the last of four
training sessions on arrest and detention procedures for 48 trainee judges.
48. During the reporting period, MINUJUSTH conducted four joint missions with
the Office of the Ombudsperson to gather data on the judicial response to allegations
of sexual violence. Data show that the majority of the alleged victims of sexual
violence are underage girls, although in some instances the rape of boys has been
reported. Throughout the regions, interlocutors reported that in many instances the
family of the victim entered into an out-of-court settlement with the perpetrator.
Prosecutors are known to have encouraged such agreements. Psychological and
medical support to victims remains limited, particularly in rural areas.
49. MINUJUSTH continues to enhance the capacity of the Office of the
Ombudsperson to function independently. With its support, the Ombudspers on will
contribute to the training and vetting of police officers and increase its effective
presence in the regions.
50. On 26 June, MINUJUSTH, the Office of the Ombudsperson and two civil
society organizations arranged an event to mark the United Nation s International Day
in Support of Victims of Torture, which resulted in the Ombudsperson formally
advocating in the lower chamber of the parliament the ratification of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish ment,
which was signed by Haiti in 2013.
51. MINUJUSTH continued to carry out capacity-building activities to improve the
response of the General Inspectorate of the national police to allegations of human
rights violations. In May, the Mission delivered a four-day train-the-trainer course on
human rights for 13 senior officers from the Inspectorate who, in June, trained 22
colleagues.
52. The lack of judicial proceedings against police officers suspected of human
rights violations continues to raise concerns. While in the five cases of excessive use
of force mentioned in my previous report internal investigations were opened and, in
some instances, preliminary measures were taken against officers, no judicial
proceedings were initiated in relation to the cases. Since then, three more incidents
of excessive use of force and misconduct have been documented. On 9 May, police
officers killed a man and injured two others during a demonstration in Petit -Gôave
(West Department). On 22 May, two officers beat a man after his arrest in Port-àPiment (South Department). On 1 June, an officer injured a man with his service
weapon during a private altercation in Bonbon (Grand -Anse Department). The
General Inspectorate opened internal investigations in all cases, but no ju dicial
proceedings were initiated.
53. As at 1 June, standard operating procedures on information-sharing and followup action to prevent and respond to human rights violations, as well as on the
implementation of the human rights due diligence policy, wer e in effect in
MINUJUSTH.
54. On 3 July, the United Nations High Commissioner for Human Rights presented
his report on Haiti (A/HRC/38/30) to the Human Rights Council. The Government
reacted positively and announced that the Minister of Justice and Public Security
would be the new focal point for human rights, thus paving the way for the
Government to resume work on a national action plan. MINUJUSTH will advocate
the formalization of the appointment.
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55. On 4 July, the national police forcibly evicted people from seven private
properties in Pelerin, a neighbourhood in Pétion-Ville (West Department), on what
was claimed to be State-owned land, and demolished the properties. Violent protests
ensued, with residents claiming property rights over the land. The eviction was
requested by the public prosecutor of Port-au-Prince without a court order.
56. On 3 August, MINUJUSTH launched a project in Port-au-Prince aimed at
combating discrimination against members of the lesbian, gay, bisexual, transgender
and intersex community. In accordance with benchmark 8, the project will strengthen
the capacity of 30 Haitian non-governmental organizations by providing them with
tools to fight homophobia and promote security and human rights.
E.
Anti-corruption and Permanent Electoral Council (benchmarks 10
and 11)
57. MINUJUSTH is designing a programme to fill gaps in critical needs in the
Central Financial Intelligence Unit and the Anti-Corruption Unit. The latter has
identified six areas for support, including configuring the United Nations Office on
Drugs and Crime (UNODC) “goCASE” software for investigative case management
and the development of a new national anti-corruption strategy. The former is
identifying specific needs based on an assessment of the Unit completed on 27 June,
and MINUJUSTH has initiated coordination efforts with UNODC.
58. Delays in constituting the nine-member Permanent Electoral Council persisted,
with no indication of a timeline for the completion of t he nomination of
representatives by the three branches of power. Meanwhile, civil society
organizations and political leaders made proposals for changes in the political and
electoral system and, on 30 June, in the framework of the national sector -based
dialogue in North-East Department during the first in a series of planned regional
workshops on governance, specifically called for the establishment of the Permanent
Electoral Council to help to stabilize the country.
59. The Provisional Electoral Council began preliminary preparations for the
holding of elections in October 2019 to renew a third of the Senate, the entire lower
chamber and possibly the municipal councils. The Council is completing the draft
electoral law, with technical support from UNDP and other international partners. The
draft budget for fiscal year 2018/19 features a $9.9 million envelope for the Council,
including, for the first time, a budget line for investments. A separate budget for the
2019 elections is under review by the executive.
IV. Joint transition planning
60. The Mission has been working closely with the Government, the United Nations
country team and external partners to prepare for the transition to a non -peacekeeping
presence in the country beyond 15 October 2019. Partnerships are critical to the
delivery of the Mission’s mandate and effective transition planning, given its time bound nature and role in fostering the inclusivity and empowerment of political
actors, national institutions and civil society organizati ons, including women’s and
youth organizations. As such, the senior leadership of the Mission actively engaged
with the President, members of the Government and the international community on
issues related to the exit strategy, the joint workplan on gover nance and the rule of
law (outcome 5 of the United Nations Development Assistance Framework) and
support for the strategic development plan of the national police.
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61. In February, the Mission and the United Nations country team, with support
from Headquarters, assessed the current capacities of the United Nations system in
Haiti. They examined the ability of the Organization to deliver sustainable results in
the programmatic areas of governance and the rule of law, as well as on gender
equality and human rights. In the report capacity gaps were identified in technical
assistance and operational support for the national police, technical assistance for the
prison administration, advocacy and good offices, and operation support services. The
capacities of the Mission and the country team partners to deliver on gender equality
issues are also limited, and the downsizing of the Mission will widen this gap.
62. A joint resource mobilization strategy, based on the United Nations
Development Assistance Framework for 2017–2021, is currently being developed by
the country team, in collaboration with MINUJUSTH and Headquarters, to support
the implementation of its strategic priorities and take into account specific
requirements arising from transition planning and the role of the new United Nations
approach to cholera. The resource requirements will be refined on an ongoing basis
and finalized along with the midterm review of the assistance framework in the
second quarter of 2019 that will cover the outcome of the stra tegic assessment
requested by the Security Council in its resolution 2410 (2018) and its
recommendations on the footprint and configuration of the future United Nations
presence, and the identification of remaining priorities after the withdrawal of the
Mission, which are to be addressed by the country team.
63. In parallel, the Mission finalized a security transition plan in anticipation of the
withdrawal of two of its seven formed police units between 15 October 2018 and
15 April 2019, on the basis of a careful assessment of risks and national capacities to
adequately address security needs, the potential impact on mandate implementation
and mitigating measures. The plan was prepared in an integrated manner, in alignment
with the benchmarked exit strategy. The consultation process also included the
Government and the high command of the national police to ensure that adequate
security arrangements are put in place, concomitant with the withdrawal. The plan is
based on an assessment of the security situation and protection needs of civilians in
the 10 departments of Haiti and progress made in the accomplishment of related
benchmark indicators by the national police, in particular with regard to crowd
control.
64. Mitigation measures to accompany the withdrawal, prevent the creation of a
security vacuum and ensure a smooth transition in the departments concerned were
developed. These include the enhancement of the infrastructural and operational
capacity of the national police through projects financed thanks to the joint rule of
law programme and quick-impact projects, the scaling-up of the community violence
reduction programme to enhance community support for the work of the national
police, the development of security plans for United Nations staff operating in the
departments from which the two formed police units will be withdrawn, the
enforcement of measures to prevent cases of sexual exploitation and abuse and
information campaigns to inform national stakeholders of the reduction of the police
component. On the basis of these considerations, the withdrawal of formed police
units from the Nippes and Artibonite Departments is planned, although the
capabilities of special weapons and tactics teams will be maintained but relocated
from Artibonite to the West Department. The exact timing of the withdrawal will be
decided on the basis of operational considerations.
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V. Mission support
65. Mission support personnel successfully completed the liquidation of the United
Nations Stabilization Mission in Haiti (MINUSTAH) at the end of June with the
closure of four camps in Port-au-Prince, leaving MINUJUSTH with two camps:
Delta, which at the time of reporting houses the joint operations and security control
centres, the police component and a formed police unit, and the logistics base, which
serves as the Mission headquarters. The implementation of the first phase of the
consolidation plan was aimed at reducing the footprint of the Mission as much as
possible, in accordance with liquidation guidelines, while providing MINUJUSTH
with rightsized infrastructure. The gradual return of the vacated premises and the
disposal of the last MINUSTAH assets marked the end of the liquidation.
66. The second phase of the consolidation plan, which will last approximately six
months, will on the one hand set up the new Mission supply chain structure at the
logistics base, while on the other hand rightsizing and adjusting MINUJUSTH
inventories to the current needs and requirements in support of the mandate.
67. The reduction of the Mission’s assets and expendables will prepare for and
facilitate the future liquidation of MINUJUSTH. It should therefore mirror both the
light Mission structure with lean staffing and the new operational requirements. In
the same vein, mission support personnel will soon outsource as many ancillary
services as possible to overcome any future staff shortages. This approach will also
enable the Mission to prepare for a gradual drawdown with the progressive
downsizing of the number of formed police units.
VI. Conduct and discipline
68. There have been no new allegations of sexual exploitation and abuse since my
previous report. The Mission pursued its prevention activities, including training,
public information and outreach, to raise public awareness of the United Nations
standards of conduct, in particular the zero-tolerance policy on sexual exploitation
and abuse, complemented by remedial action. As part of the remedial action, the
Mission maintained continuous communication with and referral for assistance of the
victims of sexual exploitation and abuse.
69. On 27 July, MINUJUSTH launched a six-month project following up on
recommendations made by the Victims’ Rights Advocate on sexual exploitation and
abuse after her visit to Haiti in April. The project is aimed at covering school fees and
providing lunch boxes for the children of victims of sexual abuse and exploitation
perpetrated by MINUSTAH personnel.
VII. Observations
70. The violent events that took place between 6 and 8 July in Port-au-Prince and
other Haitian cities marked a significant spike in violence and underscored the
importance of building broad-based political support to implement key economic
reforms, which are a basic prerequisite for the long-term stability of the country. I am
deeply saddened by the loss of life and the destruction that took place. This violent
civil unrest reflects the continuing volatility of the situation and the need to ease the
daily hardships faced by the people. I urge all parties to abstain from the use of
violence to achieve political goals and instead respect the Constitution and the rule
of law and to find a consensual solution to the problems facing the country.
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71. My Deputy Special Representative for Haiti and Officer-in-Charge of
MINUJUSTH used his good offices in support of a swift and consensus -based
solution to the situation triggered by the curtailing of fuel subsidies. He engaged
extensively with the President and other political decision makers, in coordination
with the Core Group on Haiti and the broader diplomatic corps. These collective
international efforts to promote dialogue, advocate respect for the rule of law and to
foster stability need to continue.
72. Delays in the adoption and implementation of State programmes and the slowmoving legislative process may contribute to a lack of public confidence in the
country’s institutions and to deterring internal and external private investment critical
to fostering sustainable development, ultimately increasing the challenges to be
overcome by the people. If not addressed, those conditions will bring further
destabilization and divert Haiti from its path to achieving the 2030 Agenda for
Sustainable Development. Immediate assistance, in particular to reinforce social
safety nets, will be crucial in the coming months as families face additional economic
adversity associated with the return to school.
73. It is therefore essential that the authorities and their partners put this period of
unrest behind them and turn with renewed energy to the tasks ahead. Much remains
to be done to ensure a smooth and effective transition to a non-peacekeeping presence
in the coming year, as evidenced in the progress report on the benchmark indicators
set out in annex I to the present report. Sustained efforts by the leaders and people,
MINUJUSTH and the entire United Nations country team, as well as the wider
international community, will be required.
74. A key indicator of progress will be the ability of the politic al leadership in the
executive and legislative branches, in consultation with political parties and civil
society organizations, to rapidly constitute a new Government and collaborate
effectively in addressing the urgent problems. I welcome in this regard the
appointment by the President of a new Prime Minister and look forward to the
formation of a Government that will continue to lead Haiti towards the consolidation
of peace, stability and sustainable development. At this critical juncture, it is essentia l
that actors from across the political spectrum and from all branches of the
Government work together for the common good.
75. MINUJUSTH will continue to work with government officials, the international
community and civil society organizations through the good offices of my Special
Representative to support dialogue efforts. Broad cooperation between relevant
stakeholders, including the private sector and civil society, and enhanced
communication between the Haitian institutions and the public are key t o ensuring
success in addressing priority tasks, including the adoption of short -term measures
that can respond to the immediate needs of the people.
76. The adoption of the governance or stability pact expected to result from the
national sector-based dialogue, by which all relevant actors and institutions would
commit themselves to supporting the implementation of several agreed -upon
political, economic and social objectives, will be a step forward in this direction.
Enhanced collaboration between the executive branch and the parliament, possibly
including through the establishment of a coordinated legislative agenda, could also
help. A broad-based approach would be a prerequisite to tackling political issues that
have been cited as priorities by political actors, such as the efforts to combat
corruption and undertake reform of the regulations governing political parties.
Likewise, a spirit of collaboration is crucial for the successful holding of elections in
2019.
77. Progress must also continue in consolidating the rule of law. Maintaining a
stable political environment and keeping reform priorities on track are instrumental
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to that end. A renewed commitment by both the Government and the international
community to the full implementation and funding of the five-year strategic
development plan for the national police, as well as the adoption of the strategic plan
by the Superior Council of the Judiciary and the allocation of budgetary resources for
implementation, are some of the necessary steps. As reflec ted herein, the indicators
show uneven progress against the benchmarks informing the future drawdown of
MINUJUSTH. Efforts must be redoubled to ensure that the benchmarks are attained
and form a solid foundation on which to strengthen the rule of law, cons olidate
stability and advance towards sustainable development.
78. In compliance with resolution 2410 (2018), the withdrawal of two formed police
units has been planned, on the basis of a thorough assessment of the security situation
nationwide and the capacity of the national police to assume full responsibility for
security in the areas in question. The implementation of this plan and corresponding
mitigation measures in the coming months will serve as a test for the future drawdown
and withdrawal of the uniformed component of the Mission. This will be premised on
the evolution of the security situation, gauging progress against the benchmarks, and
form part of the upcoming strategic assessment requested by the Council, to be
included in my report of 1 March 2019.
79. In concluding, I should like to express my sincere gratitude to my Deputy
Special Representative for Haiti, Mamadou Diallo, who served as Officer-in-Charge
of the Mission during the reporting period, and the women and men of MINUJUSTH
for their courage and dedication in consolidating the rule of law in Haiti, as well as
to those Member States that have provided police personnel for the Mission. My new
Special Representative and Head of MINUJUSTH, Helen Meagher La Lime, will
assume her functions on 3 September.
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Annex I
Benchmark indicators, targets and baselines
Update as at 15 July (or
otherwise specified)
Benchmark
Indicator
Target timeline
Target
1. The executive and
legislative branches
have promulgated
legislation that
improves access to
justice, enhances the
development of the
national police and
addresses prolonged
pretrial detention,
which is a cause of
prison overcrowding;
all branches have
initiated
implementation of the
new legislation,
including through
sustainable budget
allocations
1.1 Existence of the new
Criminal Code (1 — draft
law initiated; 2 — draft law
voted by each chamber; 3 —
law promulgated by
President)
April 2019
3 — New Criminal
Code is
promulgated
1 — Draft Criminal
Code under review
in each chamber’s
justice and security
commission
1.2 Existence of the Code
of Criminal Procedure (1 —
draft law initiated; 2 — draft
law voted by each chamber;
3 — law promulgated by
President)
April 2019
3 — Code of
Criminal Procedure
is promulgated
1 — Draft Code of
Criminal Procedure
under review in
each chamber’s
justice and security
commission
1.3 Existence of the Legal
Aid Law (1 — draft law
initiated; 2 — draft law
voted by each chamber; 3 —
law promulgated by
President)
April 2019
3 — Legal Aid Law
is promulgated
1 — Draft legal aid
law adopted by
Senate and sent to
lower chamber
1.4 Existence of the organic April 2019
law on the Haitian National
Police elevating Directorate
of Prison Administration to a
central directorate (1 — draft
law initiated; 2 — draft law
voted by each chamber; 3 —
law promulgated by
President)
3 — Organic law on
national police is
promulgated
1 — Draft organic
law still pending
review by national
police
1.5 Existence of the Prison
April 2019
Law (1 — draft law initiated;
2 — draft law voted by each
chamber; 3 — law
promulgated by President)
3 — Prison Law is
promulgated
1 — Draft prison
law pending final
validation by
Directorate of
Prison
Administration
1.6 Identification of the
implementation requirements
by the relevant institutions,
including budgetary
allocations, for the new
legislation (disaggregated by
law)
Implementation
requirements,
including budgetary
allocations, are
determined for new
legislation
Identification of
implementation
requirements for:
October
2019
draft Criminal
Code, not yet
adopted; for
Code of Criminal
Procedure, not yet
adopted; for
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Benchmark
Indicator
Target timeline
Target
Update as at 15 July (or
otherwise specified)
legal aid law, not
yet adopted; for
organic law on
national police, not
yet adopted; and for
prison law, not yet
adopted
2. The Haitian
authorities make
timely, genderbalanced and meritbased appointments in
the justice sector,
including in the
Superior Council of
the Judiciary, the
Court of Cassation
and the Superior
Court of Audits and
Administrative
Disputes
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1.7 Number of new case
October
files processed in real time
2019
by the prosecutors in the
jurisdiction of Port-au-Prince
800 new case files
processed in real
time by the
prosecutors in the
jurisdiction of Portau-Prince
October 2017–June
2018: 358 new
cases processed in
real time by Portau-Prince
jurisdiction
prosecutors
1.8 Proportion of detainees
in pretrial detention in
excess of two years at the
civil prison of Port-au-Prince
50.4 per cent of
detainees in pretrial
detention at the civil
prison of Port-auPrince
16 July 2018: 61.6
per cent of detainees
in pretrial detention
at civil prison of
Port-au-Prince
(2,320 of 3,764)
1.9 Number of cases closed October
by investigative judges in the 2019
jurisdiction of Port-au-Prince
750 orders issued
October 2017–June
2018: 280 orders
issued
1.10 Number of penal cases
adjudicated by the court of
first instance of Port-auPrince
October
2019
800 penal cases
adjudicated by the
court of first
instance of Port-auPrince
October 2017–June
2018: court of first
instance of Port-auPrince adjudicated
352 penal cases
2.1 Existence of the annual
report of the Superior
Council of the Judiciary, to
include: judiciary staffing by
gender; judiciary inspection
results; number of certified
judges; and implementation
of judge evaluation process
April 2019
Annual report of the
Superior Council of
the Judiciary
available, including:
judiciary staffing by
gender; judiciary
inspection results;
number of certified
judges; and
implementation of
judge evaluation
process
MINUJUSTH
supported the
Superior Council of
the Judiciary in the
collection and
analysis of
nationwide data on
the state of the
judiciary. The
report, currently
being drafted, will
provide a mapping
and a database of
the judicial system
2.2 Number of seats filled
at the Superior Council of
the Judiciary, the Court of
Cassation and the Superior
Court of Audits and
April 2019
Superior Council of
the Judiciary: 9/9
(3 women)
Superior Council of
the Judiciary: 9/9
(0 women). All
seats were renewed
for a three-year term
October
2019
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Benchmark
Indicator
Target timeline
Administrative Disputes,
disaggregated by gender
Target
Court of Cassation:
12/12 (4 women)
Superior Court of
Audits and
Administrative
Disputes: 9/9 (3
women)
Update as at 15 July (or
otherwise specified)
beginning on 3 July
2018. Five seats
have new
incumbents, two
councillors were
reappointed and the
President and the
Public Prosecutor of
the Court of
Cassation remain as
ex officio members.
No women are
members, unlike in
the past two rounds,
when two women
were members.
Court of Cassation:
6/12 (1 woman).
Since the Superior
Council sent to the
President, with an
opinion, the list of
retained candidates
for nomination
established by the
Senate, there has
been no progress.
Superior Court of
Audits and
Administrative
Disputes: 9/9
(2 women)
3. The Directorate of
Prison Administration
performs key
management
functions providing
basic services to all
detainees and ensures
respect for their rights
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3.1 Number of deaths per
1,000 inmates
October
2019
Ratio equal to or
below 10/1,000
inmates
1 January to 15 July
2018: 8/1,000
inmates (52 deaths
registered)
3.2 Number of prisons
supported by functioning
health services for inmates,
disaggregated by gender
October
2019
Nine out of 18
prisons and four
largest national
police holding
facilities supported
by adequate healthcare facilities for
inmates
Seven out of 18
prisons supported
by functioning
health services for
inmates
3.3 Number of Directorate
of Prison Administration
officers recruited through a
dedicated process,
disaggregated by gender, out
October
2019
300 Directorate of
Prison
Administration
officers recruited, of
whom 30 per cent
Strategy on targeted
and dedicated
recruitment not yet
implemented
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Benchmark
Indicator
Target timeline
of the 941 new officers
required by 2021 to meet the
Directorate’s needs
4. The national
police responds to
public disorder and
manages security
threats throughout
Haiti, demonstrating
elevated levels of
professionalism,
human rights
awareness and gender
sensitivity, without
requiring
international support,
as a result of the
implementation of the
relevant priorities of
the strategic
development plan of
the national police for
2017–2021
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Target
Update as at 15 July (or
otherwise specified)
are women, out of
the total 941 new
officers to meet the
Directorate’s needs
by 2021
3.4 Number of prisons
certified by the Directorate
of Prison Administration as
being able to operate without
full-time support from
international actors
(MINUJUSTH or others)
October
2019
Nine prisons
certified out of 18
Draft evaluation
survey is pending
validation by
Directorate of
Prison
Administration
4.1 Implementation rate of
the strategic development
plan of the national police
for 2017–2021
October
2019
43 per cent
implemented (57 of
133 priorities in
strategic
development plan)
43 per cent
implemented (57 of
133 priorities in
strategic
development plan).
First annual
evaluation of the
plan for 2017–2021
should be completed
by August
4.2 Number of police
officers per 1,000 citizens
October
2019
1.45
1.32 (reduction
owing to dismissals,
deaths and
resignations of
police officers)
4.3 Percentage of women
police officers
October
2019
11 per cent
9.17 per cent (1,379
women of 15,042
total)
4.4 Percentage of national
police capacity statically
deployed outside the Portau-Prince metropolitan area
October
2019
40 per cent
32.7 per cent
4.5 Number of specialized
public order units out of the
13 existing units of the
national police (12 Unités
départementales pour le
maintien de l’ordre and 1
Compagnie d’intervention et
de maintien de l’ordre)
capable of responding to
security threats with no
MINUJUSTH support
October
2019
All 13 units are
capable of
responding to
security threats with
no MINUJUSTH
support
Six of the 13 units
operate without
MINUJUSTH
support
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Benchmark
5. Strengthened
internal oversight and
accountability
mechanisms in the
justice, corrections
and police sectors
address misconduct
and ensure increased
effectiveness and
compliance with
human rights
20/27
Indicator
Target timeline
Target
Update as at 15 July (or
otherwise specified)
4.6 Percentage of public
order/security operations
planned and executed by
national police without
MINUJUSTH support
October
2019
100 per cent of
operations without
MINUJUSTH
support
96 per cent of
operations without
MINUJUSTH
support
4.7 Percentage of national
budget allocated to national
police
October
2019
8.0 per cent of
national budget
allocated to national
police
7.2 per cent of
national budget
allocated to national
police (amended
budget)
5.1 Number of courts of
first instance inspected (out
of 18)
April 2019
All 18 courts of first
instance and 5
appeal courts
inspected by the
Ministry of Justice
No inspections
conducted
5.2 Percentage of
allegations of human rights
violations against public
officials (national police
officers, Directorate of
Prison Administration
officials) investigated by the
General Inspectorate of the
national police
April 2019
80 per cent of all
allegations
investigated by the
General
Inspectorate of the
national police
1 January–30 June:
81.2 per cent of
allegations of
human rights
violations against
national police
officers, including
Directorate of
Prison
Administration
officials,
investigated (147 of
181 received by
General
Inspectorate of
national police)
5.3 Percentage of
confirmed misconduct by
national police and
Directorate of Prison
Administration officers
disciplined by the national
police
April 2019
60 per cent of cases
investigated have
sanctions
implemented
1 January–30 June:
8.4 per cent (13
cases have been
sanctioned of the
155 allegations of
misconduct against
national police
officers, including
Directorate of
Prison
Administration
officials,
investigated by
General
Inspectorate of the
national police)
Number of appeal courts
inspected (out of 5)
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Benchmark
6. Haitian women
and men, in particular
those from the most
vulnerable and
marginalized
communities,
demonstrate increased
trust in the capability
and willingness of the
justice system to
address crime and of
the national police to
provide security
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Update as at 15 July (or
otherwise specified)
Indicator
Target timeline
Target
5.4 Percentage of
confirmed crimes or human
rights violations committed
by national police and
Directorate of Prison
Administration officers
prosecuted by judicial
authorities
April 2019
100 per cent of
confirmed crimes or
human rights
violations
committed by
national police
officers prosecuted
by judicial
authorities
0 per cent
5.5 Percentage of staff of
the General Inspectorate of
the national police deployed
outside the Port-au-Prince
metropolitan area,
disaggregated by gender
April 2019
30 per cent of
projected 340 staff
of the General
Inspectorate of the
national police
deployed outside the
Port-au-Prince
metropolitan area
July 2018: none of
the 188 personnel
assigned to the
General
Inspectorate of the
national police
deployed outside
the Port-au-Prince
metropolitan area
6.1 Proportion of the
population expressing
satisfaction on how the
national police performs at
reducing crime
April 2019
88 per cent
N/A: survey
pending
6.2 Number of youth at risk
and women benefiting from
community violence
reduction/reinsertion
programmes demonstrating
willingness to work with
national police community
policing initiatives and law
enforcement authorities
April 2019
500 youth at risk
and women
cooperating with
national police
community policing
and law
enforcement
authorities
None:
implementation of
projects approved
for financial period
2017/18 is
scheduled to start in
July 2018
6.3 Number of victims of
intentional homicide per
100,000 citizens,
disaggregated by gender and
age
April 2019
Rate of 9.3 or less
of intentional
homicide,
disaggregated by
gender and age
2018 (From January
to 19 July): 6.52,
equivalent to 372
intentional
homicides, of which
345 are men and 27
women
6.4 Number of kidnappings
reported in the Port-auPrince metropolitan area
April 2019
50 or fewer
kidnappings
reported in the Portau-Prince
metropolitan area
2018 (From January
to 19 July): 29 cases
of kidnapping, of
which 13 are men
and 19 women
6.5 Number of gang-related
incidents in the hotspot
April 2019
18 or fewer gangrelated incidents in
the hotspot zones of
2018 (From January
to 19 July): 17
incidents
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Indicator
Target timeline
zones of Cité Soleil, Bel-Air
and Martissant
Target
Update as at 15 July (or
otherwise specified)
Cité Soleil, Bel-Air
and Martissant
6.6 Number of sexual and
gender-based violence cases
investigated by national
police, reflecting enhanced
national police capacity
April 2019
At least 275 cases
of sexual and
gender-based
violence are
investigated
2018 (From January
to 19 July): 130
cases investigated
7.1 Level of compliance of
the Office of the
Ombudsperson with
international standards on
the work of national human
rights institutions, and
structural capacity to operate
as an independent and
effective institution in
accordance with the Paris
Principles
October
2019
A status according
to Paris Principles
A status according
to Paris Principles
until next decision
of the Global
Alliance of National
Human Rights
Institutions due in
May 2019
7.2 Number of
recommendations of the
Office of the Ombudsperson
implemented by national rule
of law institutions
April 2019
Three
recommendations of
the of the
Ombudsperson
implemented by
national rule of law
institutions
None
8. Civil society
organizations,
including those
representing women,
engage with the
Haitian authorities to
advocate the
promotion and
protection of human
rights, and are
empowered to bring
allegations of human
rights violations to
the competent judicial
or administrative
authorities
8.1 Number of alternative
reports prepared and
submitted by civil society
organizations to international
human rights mechanisms
April 2019
Two reports
prepared and
submitted by civil
society
organizations to
international human
rights mechanisms
N/A: no meeting or
reviews by
international human
rights mechanisms
in the reporting
period
8.2 Number of cases
reported by local civil
society organizations
monitoring human rights
violations
April 2019
10 reports published
by local civil
society
organizations
monitoring human
rights violations
Seven reports
published by local
civil society
organizations
monitoring human
rights
9. National
authorities comply
with international
human rights
obligations, including
holding individuals
responsible for
current and past
9.1 Availability of national
plan of action for human
rights
October
2019
National plan of
action for the
implementation of
the
recommendations
made by human
rights mechanisms,
in particular through
On 3 July, the
Government
announced the
appointment of the
Minister of Justice
and Public Security
as the human rights
focal point with the
7. The national
Office of the
Ombudsperson
functions
independently and
protects citizens
whose rights have
been violated
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Benchmark
Indicator
Target timeline
human rights
violations and
fulfilling their
reporting obligations
to human rights treaty
bodies
Target
Update as at 15 July (or
otherwise specified)
the universal
periodic review of
the Human Rights
Council
mandate to lead the
interministerial
committee on
human rights in
preparing the
national plan of
action
9.2 Number of
recommendations made by
the human rights
mechanisms accepted by the
Government of Haiti
April 2019
Three
recommendations
made by human
rights mechanisms
accepted by the
Government of
Haiti
N/A: no meeting or
reviews by
international human
rights mechanisms
in the reporting
period
9.3 Number of reports
prepared and submitted to
international human rights
mechanisms by the
Government of Haiti
April 2019
Two reports
prepared and
submitted to
international human
rights mechanisms
by the Government
of Haiti
N/A: no meeting or
reviews by
international human
rights mechanisms
in the reporting
period
9.4 Appointment by the
Government of Haiti of a
high-level human rights
focal point within the
executive branch
April 2019
One high-level focal
point within the
executive branch
appointed by the
Government of
Haiti
In progress: on
3 July, the
Government
announced that the
Minister of Justice
and Public Security
would be the human
rights focal point,
but the appointment
needs to be
formalized
10. Rule of law and
anti-corruption
institutions
demonstrate increased
capacity to fight
corruption
10.1 Availability of annual
report on public spending by
Superior Court of Audits and
Administrative Disputes
April 2019
The annual report
on public spending
of Superior Court of
Audits and
Administrative
Disputes is
available
2017 report was
finalized and is
pending publication
11. The Permanent
Electoral Council is
established through a
credible and
transparent process
and exercises its
electoral
responsibilities in an
11.1 Nomination by the
three branches of their three
members for the Permanent
Electoral Council, with a
view to establishing the
Council as an operational
and independent body
October
2019
The nine members
are nominated and
the Permanent
Electoral Council is
established, is
operational and
functions
independently
Nomination process
of the three
representatives has
been initiated by
each branch
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Update as at 15 July (or
otherwise specified)
Benchmark
Indicator
Target timeline
Target
independent and
transparent manner,
without requiring
international support
11.2 Update of the electoral
lists in preparation of the
next electoral cycle
October
2019
The electoral lists
are updated
Not yet undertaken
11.3 Existence of the
Electoral Law in preparation
of the next electoral cycle
(1 — draft law initiated; 2 —
draft law voted by each
chamber; 3 — law
promulgated by the
President)
October
2019
3 — Electoral Law
is promulgated
1 — Draft electoral
law completed by
the Provisional
Electoral Council
pending submission
to the executive for
transmission to the
parliament
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Annex II
Composition and strength of the police component of the United Nations
Mission for Justice Support in Haiti as at 13 August 2018
Number of United Nations police officers
Country
18-13777
Women
Numbers of formed police units
Men
Women
Men
Argentina
1
9
–
–
Benin
–
24
–
–
Bangladesh
–
7
19
134
Burkina Faso
–
18
–
–
Brazil
–
–
–
–
Canada
7
15
–
–
Chad
1
5
–
–
Chile
1
2
–
–
Cameroon
1
1
–
–
Colombia
–
–
–
–
Côte d'Ivoire
1
18
–
–
Djibouti
–
1
–
–
El Salvador
–
5
–
–
Ethiopia
–
–
–
–
France
–
1
–
–
Germany
–
1
–
–
Guinea
–
2
–
–
India
–
–
–
295
Indonesia
–
1
–
–
Jordan
–
8
–
138
Madagascar
1
13
–
–
Mali
–
10
–
–
Mexico
–
1
–
–
Nepal
–
1
7
133
Niger
–
20
–
–
Nigeria
1
3
–
–
Norway
3
3
–
–
Pakistan
–
1
–
–
Philippines
–
–
–
–
Portugal
–
–
–
–
Republic of Korea
3
1
–
–
Romania
1
6
–
–
Russian Federation
1
5
–
–
Rwanda
–
6
21
119
Senegal
8
5
17
123
Slovakia
–
2
–
–
Spain
–
2
–
–
Sri Lanka
–
1
–
–
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Number of United Nations police officers
Numbers of formed police units
Country
Women
Men
Women
Men
Sweden
–
2
–
–
Togo
2
5
–
–
Tunisia
3
20
–
–
Turkey
–
12
–
–
United States of
America
–
4
–
–
Uruguay
–
1
–
–
35
242
64
942
Subtotal
Total
277
1 006
1 283
26/27
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Annex III
United Nations Mission for Justice Support in Haiti: deployment map
S/2018/795
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