MINUJUSTH - Rapò Sekretè Jeneral la sou Misyon Nasyonzini pou Sipò Jistis an Ayiti (S/2019/563), 9 jiyè 2019

S/2019/563 United Nations Security Council Distr.: General 9 July 2019 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 2466 (2019), by which the Council extended the mandate of the United Nations Mission for Justice Support in Haiti (MINUJUSTH) until 15 October 2019 and requested me to report to the Council on the implementation of the resolution, including any instances of mandate implementation failures and measures taken to address them, every 90 days starting from 12 April 2019. The report covers significant developments that have occurred since the issuance of my previous report ( S/2019/198) on 1 March and progress on the benchmarked exit strategy and provides an update on the gradual, phased withdrawal of MINUJUSTH personnel in advance of 15 October 2019 for a seamless transition to a special political mission beginning on 16 October 2019, as stipulated in resolution 2466 (2019). II. Significant developments A. Political situation and related security developments 2. During the reporting period, the security situation became more precarious as a result of the persistent political crisis, the related upsurge in gang and criminal activity and the continued deterioration of the economic environment concurrent with the further depreciation of the Haitian gourde. 3. On the political front, increasing tensions at the highest levels of the executive branch prevented the development of a common understanding on a way out of the crisis and the holding of a comprehensive and inclusive political dialogue. Tensions between the President, Jovenel Moïse, and the Prime Minister, Jean-Henry Céant, escalated following violent demonstrations that paralysed the country in February and led, on 18 March, to a vote of no confidence in the Lower Chamber of Parliament, prompting the resignation of Mr. Céant on 21 March and the appointment of Jean Michel Lapin as Prime Minister ad interim. 4. On 9 April, Mr. Lapin, a seasoned civil servant and former Minister of Culture and Communication, was formally designated as Prime Minister and immediately began consultations with the Parliament regarding the composition of his cabinet. To form his third Government since assuming office in 2017, the President issued a series 19-11594 (E) 150719 *1911594* S/2019/563 of successive orders, beginning on 8 May, proposing the composition of an 18 member ministerial cabinet, including 3 women, which is awaiting confirmation by the two chambers of the Parliament. Simultaneously, the President continued to engage in direct dialogue with representatives of eight moderate opposition political parties. 5. The Senate held two sessions, on 12 and 14 May, in which prolonged procedural questions, as well as disorderly debates and violence, led to delays in the presentation of the Prime Minister’s general policy statement. Ahead of another attempt to resume the suspended session to ratify the general policy statement, four opposition senators ransacked the Senate chamber during the early morning hours of 30 May. In a statement issued the same day, the Core Group denounced the acts of vandalism committed in the Senate chamber and called for an open and inclusive national dialogue. 6. The deadlock in the effort to confirm a new Government has paralysed the functioning of the Parliament and has blocked the passing of important laws, including the 2018/19 budget law and the electoral law, both of which are essential for the holding of legislative, and possibly municipal, elections according to the constitutionally prescribed calendar. In the absence of a fully functioning Government, several bilateral and multilateral donors, including the International Monetary Fund and the Inter-American Development Bank, have put their financial support to Haiti on hold. 7. The radical opposition continued to call for countrywide demonstrations to demand the President’s resignation. On 29 March, which marked the thirty-second anniversary of the adoption of the Haitian Constitution, small demonstrations were reported in Cap-Haïtien (North Department), Port-au-Prince (West Department) and Saint-Marc (Artibonite Department). However, on 9 and 10 June, demonstrations in 9 out of the 10 Departments (North-West being the exception) resulted in the mobilization of larger crowds of several thousands, in particular in Port -au-Prince and in the Artibonite, North and South Departments. MINUJUSTH has c onfirmed that one civilian was killed and another five were injured during the protests. In addition, private and public property was damaged and major road networks were blocked with burning barricades. 8. An inclusive and comprehensive national dialogue, widely seen as the vehicle for leading the country out of the crisis, has yet to take shape in a meaningful manner. At the request of the Government of Haiti, the Department of Political and Peacebuilding Affairs deployed a member of its Standby Team of S enior Mediation Advisers to provide training to the committee appointed on 22 February by the President to facilitate an inter-Haitian national dialogue, his third attempt at such an initiative. However, the committee lacked the convening power and the fin ancial and logistical means to organize consultations among key stakeholders throughout the country. In its final report, released on 4 June, the committee stressed the need to pursue the national dialogue while highlighting the growing disconnect between the majority of the Haitian population and the elites. 9. Meanwhile, a final report on the national sector-based dialogue, launched in March 2018 by the President, was released on 12 April. The report, which provides an overview of the obstacles to the country’s modernization, is based on information collected from more than 600 organized groups, five departmental forums (in Nippes, North, North-East, North-West and South-East), two national preparatory forums and two international forums, gathering thousands of participants, including from the Haitian diaspora. The analysis and many of the proposals made in the report are in line with some of the recommendations of the Lower Chamber special commission on the amendment of the Constitution, including abolishi ng the Senate and the 2/32 19-11594 S/2019/563 position of Prime Minister. The report also highlights the lack of independence of the judiciary and the interference by the executive and legislative powers in judicial affairs, the weaknesses of political parties, economic monopolie s, a reliance on imports, the lack of access to credit for small businesses and a weak education system as impediments to the development of the country. 10. Popular demand for accountability in the alleged mismanagement of PetroCaribe funds persisted. According to the report of the Superior Court of Auditors and Administrative Disputes, the total value of the PetroCaribe agreement over the period 2008–2018 was $4.2 billion, of which Haiti reimbursed the Bolivarian Republic of Venezuela $1.98 billion and used $2.26 billion, including $1.6 billion spent on projects. On 13 March, the Port-au-Prince prosecutor announced that he had requested an investigating judge to open an inquiry into the allegations of mismanagement of the PetroCaribe funds. On 21 March, the judge ordered the freezing of the assets of several individuals and companies under investigation. At the same time, the Court expanded its inquiry to include projects conducted by the Parliament and financed with PetroCaribe funding. In response, a numb er of parliamentarians threatened to file criminal charges against members of the Court, which transmitted its final report to the Senate on 31 May. 11. The final 612-page audit report, which follows a preliminary report issued on 31 January, contains an analysis of the management of $6.75 million in project funds, authorized through 14 governmental resolutions adopted between 2008 and 2016 and managed by 11 different State institutions, including the Senate, the Lower Chamber and five ministries. Haitian and international media, as well as other interlocutors, such as the “PetroChallengers” groups, have predominantly highlighted the Court’s allegations that companies tied to the President before he took office in 2017 were involved in an apparent double-billing scheme with the Ministry of Public Works, Transport and Communications. They have also pointed out that more than 200 million gourdes (approximately $4.4 million at the time) were used by the Lower Chamber to pay for operating expenses (i.e., salaries) instead of investments. 12. The lack of socio political reform, the continued devaluation of the gourde, social discontent with governance, corruption scandals and civil unrest resulting in the lockdown of metropolitan areas for days at a time contribute d to a serious deterioration of the economic situation. Over the past 12 months, the downward trend has intensified and the gourde has lost 38 per cent of its value. The governor of the central bank, members of the Parliament and economic experts have prop osed various solutions focused on controlling State expenditure to halt inflation, the year -on-year rate of which was estimated at 17.7 per cent in April. 13. The persistent political crisis and the deteriorating economic situation have contributed to an upsurge in gang activity since February, with a marked increase of gang-on-gang violence in the poorest and most densely populated neighbourhoods of Port-au-Prince. The situation has triggered serious concern within the Superior Council of the National Police and has led to an intensification of anti-crime operations in several gang-controlled areas amid resource constraints. While criminality in general has expanded, with long-standing gangs seeking to increase their illicit activities, the consolidation of criminal activities by two prominent gangs in the Artibonite Department is posing a specific challenge to the authorities. 14. Despite the increased pace of its operations, the national police regularly found itself ill-equipped to intervene in gang-affected areas. The La Saline neighbourhood of Port-au-Prince and the commune of Cité Soleil experienced sustained violence after three years of relative peace. On 8 and 13 March, confrontations among gangs in La Saline for the control of the Croix des Bossale s market reportedly led to the deaths of five to nine gang members. Related confrontations also affected Delmas 2, 19-11594 3/32 S/2019/563 and fighting among rival gangs occurred in Cité Soleil in March and April. Reports indicate an estimated 10 to 20 fatalities. 15. On 27 March, a delegation led by the Ambassador of Chile to Haiti was confronted by unidentified armed individuals in the Croix-des-Bouquets commune (West Department) while visiting a project supported by a Chilean non -governmental organization. The incident resulted in the killing of one of the organization’s drivers and the injury of the Ambassador’s driver. The embassy security detail successfully repelled the assailants, who fled to a nearby location where approximately 10 national contractors of the organization were taken hostage and subsequently released unharmed. The following day, the national police opened a criminal investigation and conducted an operation in the area, leading to the arrest of two suspects. 16. On 6 and 7 April, MINUJUSTH received images of burned houses and businesses in the Tokyo area of Port-au-Prince, where 14 gunshot victims were hospitalized. On 16 April, an armoured personnel carrier transporting a formed police unit came under fire in La Saline. The increasingly overt level of crimina l gang activity continued to fuel a heightened perception of insecurity in Port -au-Prince and elicited a strong public outcry. 17. The national police, with the support of MINUJUSTH, launched an operation against a prominent gang in the Artibonite Department on 4 April. During the operation, police forces came under heavy fire from armed individuals, forcing them to evacuate two police stations and withdraw to Gonaïves in order to avoid civilian casualties. During their retreat, national police officers wer e ambushed on National Road 1, leading to the death of an officer and the injury of five others. The same day, another officer was shot and wounded by armed individuals during a patrol on National Road 1, between Saint-Marc and Gonaïves (Artibonite Department). Since then, increased criminal activities have been reported in the area, with a number of passenger and commercial vehicles hijacked and robbed, including one of five trucks subcontracted by the International Organization for Migration (IOM) to tran sport non-food items between Port-au-Prince and Gonaïves in preparation for the hurricane season. The financial damage amounted to $20,220. B. Humanitarian situation 18. Between March and June 2019, approximately 2.6 million people were estimated to be food insecure; of those, 2 million were in crisis phase (phase 3) and 571,000 were in emergency phase (phase 4), according to the Integrated Food Security Phase Classification. During the month of February 2019, the price of the food basket increased by 11 per cent, bringing the increase over the previous 12 months to 26 per cent. According to the Famine Early Warning System Network and the Haitian Institute of Statistics and Information Sciences, the price of locally produced food, such as plantain, cassava and breadfruit, has increased by as much as 41 per cent. Furthermore, the depreciation of the gourde has created inflationary pressure on the price of staple foods, such as rice and cooking oil, most of which are imported. The slowdown in agricultural production is likely to exacerbate food insecurity, since the sector is the main source of livelihoods for most Haitian households. 19. On 31 May 2019, the President conveyed to me his concerns about the high level of food insecurity in Haiti and its deepening impact on vulnerable households and requested the support of the United Nations. United Nations entities are seeking to strengthen their efforts to support the Government of Haiti in addressing the issue, including by mobilizing additional financial resources to reach the rising number of Haitians requiring assistance. I call upon donors to increase their funding for the 2019 4/32 19-11594 S/2019/563 humanitarian response plan and to provide support to the Directorate of Civilian Protection of Haiti to ensure a front-line national response. The plan is aimed at providing urgent assistance to the 1.3 million most vulnerable, but it was only 16 per cent funded as at 9 July 2019, with $20.6 million received out of the $126.2 million required. 20. Forced repatriation and voluntary returns from the Dominican Republic have continued to be observed. Since the beginning of 2019, the trend has remained the same as in 2018, with an average of more than 10,000 expulsions per month. As at June 2019, Haiti had hosted 10 refugees and asylum seekers, placed under the care of the Office of the United Nations High Commissioner for Refugees. In an effort to find durable solutions, eight refugees, including three women, have departed for resettlement in third countries, five of whom left during th e peak of the violence in March. 21. The National Oceanic and Atmospheric Administration of the United States of America has forecasted the likely occurrence of 9 to 15 named storms in 2019, of which 2 to 4 could become major hurricanes. United Nations ag encies and partners have continued to support the Directorate for Civil Protection in contingency planning, the pre-positioning of emergency stocks, the rehabilitation of emergency shelters, the training of key stakeholders and the raising of public awaren ess. More resources are required to enable the Directorate to fully implement its mandate and increase assistance to vulnerable Haitians. 22. Substantial progress continued to be registered in the efforts to combat cholera. From 1 January to 20 April 2019, the Ministry of Public Health and Population reported 308 suspected cases of cholera and three related deaths, compared with 1,257 and 12, respectively, during the same period in 2018. Those figures represent a 76.5 per cent decrease in the number of suspected cases reported. The Ministry of Public Health and Population published data showing 11 consecutive weeks with no confirmed cases nationwide, marking an important turning point in the interruption of cholera transmission in Haiti. However, continued vigilance will be required to maintain zero cases over the medium and long terms. 23. The Government of Haiti, led by the Ministry of Public Health and Population and the National Directorate for Water and Sanitation, launched, together with partners, a revised national plan to eliminate cholera in April 2019. In the plan, the Government calls for continued support to achieve the total elimination of cholera in Haiti by 2022. To that end, the United Nations Children’s Fund, the Pan American Health Organization and partners are working to further minimize the risk of outbreaks and strengthen prevention activities, with the aim of responding to all suspected cases of cholera. Simultaneously, the United Nations, including the United Nations Development Programme (UNDP) and the United Nations Office for Project Services (UNOPS), with support from the Office of the Special Envoy for Haiti, continues to advance the consultative process with victims of cholera to provide material support. On 10 April, the United Nations multi-partner trust fund issued grants to expand Track 2 of the United Nations consultative process to 20 additional communities in the north most severely affected by cholera, bringing to 25 the number of communities reached by the efforts undertaken under Track 2. III. Mandate implementation A. Community violence reduction (benchmark 6) 24. Against the backdrop of the current economic downturn, political instability and a rise in gang activity, MINUJUSTH promoted dialogue for peace and offe red 19-11594 5/32 S/2019/563 income-generating projects in fragile communities in “hotspots” in the Port-au-Prince metropolitan area. Community violence reduction projects increased from 5 during the 2017/18 financial period to 15 during the current 2018/19 period. Since July 2018 , a total of 9,334 women and girls and 7,813 men and boys from marginalized and at-risk communities have benefited from: (a) vocational training and the enhancement of financial management capacity; (b) opportunities to generate income through the distribution of professional kits and small business incubation; (c) high labour intensive initiatives involving the local population for the rehabilitation of drainage canals, access paths and community spaces, as well as waste management; (d) mediation and capacity-building for community leaders and neighbourhood-based dialogue to promote peace; and (e) family reunification efforts and support for children living on the streets to attend school. 25. Four community violence reduction projects implemented in Cap -Haïtien (North Department), Hinche (Centre Department), Mahotière (North -West Department) and Port-au-Prince (La Saline and Martissant neighbourhoods, West Department) were drawn down during the reporting period. The projects provided vocational training and professional reinsertion support to 2,298 youth (50 per cent of whom were young women) at risk of domestic and street violence, recruitment by gangs or otherwise exploited to engage in violent public protests. 26. Since the beginning of its mandate, MINUJUSTH has supported 81 countrywide conferences and town hall meetings on the rule of law, attracting 6,843 participants, including 2,577 women. The activities were aimed at de -escalating existing conflicts and opening spaces for dialogue in communities prone to electoral violence and gang activity. Recurrent themes discussed included the circulation of illegal weapons; reasons that lead communities to arm themselves; interactions between the national police, civil society and the justice system; informal fra meworks to address community conflicts; the interrelation between youth, drugs and gang activity; and electoral violence. Along with local authorities, civil society and academia, parliamentarians also participated in the events, thereby strengthening poli tical engagement in the most violent communes across Haiti. The various forums ended with the adoption of recommendations for action, and, in six communes, civil society entities created follow-up committees, endorsed by the communal and municipal authorities. 27. Through the three outreach projects to promote dialogue between parliamentarians and their constituencies across the country, which were highlighted in my previous report (S/2019/198, para. 29), dialogue on ways to improve the rule of law, including through the adoption of the draft criminal code and the draft code of criminal procedure, continued to be enhanced. 28. MINUJUSTH has been assisting the National Commission for Disarmament, Demobilization and Reintegration, relaunched by the President in February, in defining areas of work that the United Nations could support, such as a weapons and ammunition management programme, community violence reduction activities and a national strategy to implement concrete measures for disarmament, demobilization and reintegration. On 28 May, a criminal gang leader from the Port -au-Prince neighbourhood of Cité Soleil handed over eight of his gang ’s firearms (three handguns, two shotguns, one submachine gun and two assault rifles) in a symbolic act of good faith. B. Security and police development (benchmarks 1, 4, 5 and 6) 29. Since March, the national police has faced significant challenges in countering the resurgence in criminal gang activities, including shootings and hijackings 6/32 19-11594 S/2019/563 involving gang members, especially in the Port-au-Prince metropolitan area and the Artibonite Department. The force has demonstrated sustained capabilities in public order management. Of the 244 public order operations conducted dur ing the reporting period, 27 received support from MINUJUSTH (see annex I, indicator 4.6). Nevertheless, the number of reported homicides for 2019 has doubled in comparison with 2018, with 523 cases from 1 January to 6 June (see annex I, indicator 6.3) versus 274 for the same period in 2018. Moreover, 22 police officers were killed from 1 January to 10 June 2019, compared with 17 during the entirety of 2018. 30. The national police mobilized all specialized units and conducted 37 anti -gang operations, including 10 with limited support from MINUJUSTH. Operations such as the one conducted in the aftermath of the killing of 8 civilians and the injuring of 10 others on 24 April in the Port-au-Prince neighbourhood of Savane Pistache demonstrate the capacity of the national police to draft and execute plans to successfully dismantle gangs. However, the national police is underresourced with regard to its efforts to combat the new levels of gang-related crime. Unless provided with the necessary logistical support, the national police will be unable to sustain such anti-crime interventions. 31. Law enforcement agencies, including the national police, corrections facilities and customs and immigration agencies, continue to suffer from the lack of funding required to operate adequately and have been underresourced for the past four years, while thousands of new officers have been recruited but inadequately remunerated and equipped. The 692 police recruits who graduated in September 2018, 188 of whom are women, work in extremely difficult conditions, including without personal firearms, and continue to face substantial delays in salary payments. The national police development plan for the period 2017–2021 had received 7.3 per cent of the projected funding at the end of its second year of implementation. As a result, the operational budget and logistical resources, such as communication equipment, armoured vehicles, firearms and ammunition, face critical limitations. Of the 111 priority actions that were to be initiated from 2017 to 2019, only 2 have been completed, 103 are ongoing and 6 have not begun (see annex I, indicator 4.1). Those funding constraints hinder the conduct of sustained police operations over extended periods and jeopardize officer safety. They have also impeded intelligence-led and community policing initiatives. 32. Recruitment and training efforts continue to support the objective to increase the overall strength of the national police. To date, the police force is composed of 14,908 officers, including 1,483 women (9.94 per cent; see annex I, indicator 4.3), for an officer-to-population ratio of 1.31 per 1,000 inhabitants (the objective is 1.45 per 1,000 inhabitants; see annex I, indicator 4.2). Concurrently, 11,577 candidates, including 1,893 women, participated in the written tests conducted on 5 May 2019 for the next class of approximately 650 recruits, including new officers for the prison administration. Some of those recruits will also include women from the most violence-prone areas of Port-au-Prince, who will be admitted as part of a project aimed at strengthening the capacity of the national police in establishing a gender sensitive recruitment mechanism. The initiative was launched on 29 April, with the support of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and MINUJUSTH through its community violence reduction programme. 33. Initiatives to improve the human resources and infrastructure of the police included a countrywide campaign to train police supervisors on the new annual performance appraisal system. In addition, seven out of nine national police infrastructure projects funded under the United Nations joint rule of law programme and quick-impact projects have been completed. The police component of MINUJUSTH continued to support the national police in securing funding and 19-11594 7/32 S/2019/563 drafting the directive for the decentralization of the General Inspectorate of the national police in four regional bureaus to expand the oversight capacity and the access for public complaints across the country. C. Justice and anti-corruption (benchmarks 1, 2, 5, 6 and 10) 34. Since the beginning of 2019, the revitalization of judicial activities in the jurisdiction of Port-au-Prince and better collaboration within the jurisdiction between the chief prosecutor, the dean of the court of first instance and the president of the bar association have contributed to significant progress in the efforts to reduce the number of prolonged pretrial detentions. To reinforce that positive t rend, MINUJUSTH continued to provide technical and financial support to the jurisdiction. Penal chain committee meetings continued to be held on a monthly basis, which accelerated the processing of cases before the court of first instance. On 8 May, in a meeting facilitated by MINUJUSTH, the Port-au-Prince chief prosecutor and the Director General of the national police sought to improve working relations between their two institutions and to implement new measures to lower the pretrial detention rate. 35. MINUJUSTH and UNDP, through the joint rule of law programme, supported the forum of the court of first instance of Port-au-Prince on 26 April. The gathering, which was the first of its kind, allowed participants to assess progress registered in the jurisdiction since January 2019 and created a space for judicial actors to share best practices in the efforts to reduce the number of prolonged pretrial detentions. At least 80 judicial and penitentiary actors, police officers, representatives of human rights organizations and journalists, including 21 women, attended the forum. Participants also shared lessons learned on the ways in which improved judiciary activities of the court decreased the number of detainees in the prison facilities in the West Department. 36. MINUJUSTH support to legal aid offices, as part of the effort to reduce the number of pretrial detentions, also shows improved results. The legal aid offices of the Port-au-Prince bar association, which were established with support from MINUJUSTH, opened 1,679 backlog cases (dating back to the period 2010–2015) and 1,394 recent cases (from the period 2016–2018), held 2,117 consultations, filed at least 134 habeas corpus requests and contributed to the closure of 590 cases, which resulted in the release of 448 pretrial detainees. The office operated by the Mobile Institute for Democratic Education and located at the Rehabilitation Centre for Minors in Conflict with the Law contributed to the release of 135 minors, leaving only 50 in detention (compared with 105 at the beginning of 2019). Regarding women detainees, the legal aid office supported by UN-Women at the prison for women of Cabaret opened 159 cases and obtained 20 releases. 37. The number of pretrial detainees in the main prisons of the metrop olitan area (Cabaret, Carrefour, Delmas and Port-au-Prince) decreased during the reporting period. As at 9 July, the proportion of detainees at the national penitentiary (West Department) who had been in pretrial detention for more than two years decreased to 63.3 per cent (compared with 65 per cent during the previous reporting period), with the number of detainees falling to under 4,000 for the first time since the beginning of MINUJUSTH (see annex I, indicator 1.8). Between October 2017 and April 2019, prosecutors received 1,784 penal cases in the Port-au-Prince jurisdiction, 56.6 per cent of which were processed in real time. During the same period, the investigating judges closed 575 files and the court of first instance adjudicated 531 cases (see annex I, indicators 1.9 and 1.10). 38. Notwithstanding those positive developments, delays continued in the installation of the National Council on Legal Aid, tasked with providing legal 8/32 19-11594 S/2019/563 assistance to the most vulnerable. The State has yet to define its nationa l legal assistance strategy and the related action plan and to allocate funding therefor. 39. Tensions between the executive branch and the Superior Council of the Judiciary reappeared owing to the President’s designation, on 30 April, of a president of the court of appeal of Port-au-Prince from among the judges already on the court. In response, two associations of judges held strikes from 20 to 31 May, referring to a legal requirement that the designation be approved by the Council. The association of clerks also held a two-day strike, on 23 and 24 May, to demand an improvement in its members’ working conditions. 40. MINUJUSTH continued to support the Superior Council of the Judiciary in the vetting of judges, a legal requirement to control the integrity and qualifications of magistrates. On 18 April, the Council published a list of 39 vetted judges, 32 of whom were certified and 7 of whom were revoked owing to, inter alia, falsified or non-applicable academic documents, corrupt practices, immoral conduct or mental health issues. On the same day, the Council also published a list of five judges who were suspended pending the outcome of disciplinary proceedings against them. During the period under review, benchmark indicator 5.1 was fully achieved, with 18 courts of first instance and 5 courts of appeal inspected as part of the MINUJUSTH support to promote judicial inspections (see annex I). 41. In order to support the initiatives of the State to combat corruption, the joint MINUJUSTH-United Nations Office on Drugs and Crime (UNODC) programme partnered with the national Anti-Corruption Unit to build the capacity of judicial actors, to help to assess the current national anti-corruption strategy and define a new one and to support the conduct of an inquiry on governance and corruption in Haiti. Within that framework, a three-day workshop was organized in April 2019 to assess the implementation of the national anti-corruption strategy adopted in 2009, with a view to developing a new one. Furthermore, an online course on judicial ethics, based on the broadly accepted Bangalore Principles of Judicial Conduct developed by UNODC, was launched on 7 June. D. Corrections (benchmarks 1, 3 and 5) 42. Despite the concerted effort by MINUJUSTH and some Haitian judic ial actors to reduce the number of pretrial detentions, the penitentiary system continued to be characterized by severe overcrowding (with a 348 per cent occupancy rate) owing to the high rate of prolonged pretrial detention. As at 15 May 2019, the prisons held 11,221 detainees, including 390 women, 215 boys and 11 girls. Of those detainees, 73 per cent are awaiting trial. 43. The draft legislation on the penitentiary system and the draft organic law elevating the prison administration to the status of central directorate within the national police, with autonomy over its own resources, were completed and validated by the Director General of the national police. The submission of the drafts to the Ministry of Justice and Public Security for further review b y the executive branch and the onward submission to the Parliament are pending resolution of the political crisis (see annex I, indicators 1.4 and 1.5). 44. With regard to the reinforcement of the administrative and managerial capacities of the Directorate of Prison Administration, MINUJUSTH, through the joint rule of law programme, supported a five-day technical skills training programme for 21 female administrative assistants on the administration of the penitentiary system. In addition, 20 mid-level staff, including one woman, received managerial and leadership skills training from the administration’s trainers. MINUJUSTH also organized a crisis management workshop for 13 senior staff, including 1 woman, to 19-11594 9/32 S/2019/563 build the capacity of the administration to address gaps in prison security and plan for crisis situations. 45. MINUJUSTH and the prison administration organized a five -day train-thetrainers programme on the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders for nine senior executive staff, including three women, with the support of the Correctional Service of Canada. The prison administration, with the support of MINUJUSTH and UN -Women, organized a sensitization workshop on gender mainstreaming for 128 prison officers, including 17 women. Furthermore, the prison administration, with MINUJUSTH, organized mental health training sessions for 30 prison officers, including 13 women, and 90 detainees, including 28 women, as peer educators, to sensitize th em on the detection, prevention and proper management of mental health disorders. 46. Regarding the certification of prisons, at a workshop on 14 May, MINUJUSTH reviewed, with the senior management of the prison administration, the results of the second round of prison evaluations, conducted in April. The results indicated noticeable improvement in prison management and detention conditions compared with the results of the first evaluation, conducted in December 2018 (see annex I, indicator 3.4). Participants also examined measures to promote national ownership and accountability of the process, in order to further improve prison conditions before the final certification of the earmarked prisons. 47. Concerning health standards, 19 deaths were recorded in prisons between 1 March and 15 May, representing a death rate of 8.56 per 1,000 detainees, down from the rate of 12.9 indicated in my previous report. During the reporting period, MINUJUSTH also supported the prison administration in coordinating with IOM and the World Health Organization to ensure a holistic treatment of detainees affected by an outbreak of scabies in March that affected about 2,520 detainees. By May, all inmates affected by the disease in the Cap-Haïtien and the Fort Liberté prisons (491 and 122, respectively) had benefited from the treatment programme, which is progressively being expanded to other prisons in which the outbreak occurred. Moreover, MINUJUSTH continued to advocate with national authorities on the need for the prison administration to be given an adequate budget to end the recurrent problem of shortages of basic life-sustaining supplies, such as food and medication, in the prisons. 48. MINUJUSTH, through its community violence reduction programme, initiated a project for the reinsertion of prison detainees through poultry farming in the prison of Hinche (Centre Department). The project is aimed at equipping 105 detainees, including 14 women, and 15 penitentiary officers with basic poultry farming skills in order to improve the quality of food for detainees in the wake of the ongoing food crisis in the prison, and to provide them with a skill and a financial incentive to ensure the sustainability of the farm. E. Human rights (benchmarks 4, 5, 6, 7, 8 and 9) 49. MINUJUSTH has completed its investigation into the violence that occurred in November 2018 in the Port-au-Prince neighbourhood of La Saline (see S/2019/198, paras. 38 and 39). On 21 June, MINUJUSTH and the Office of the United Nations High Commissioner for Human Rights (OHCHR) jointly issued a public report on the subject. 50. On the basis of the investigation, MINUJUSTH concluded that the La Saline attack on 13 and 14 November 2018 was a well-planned operation, conducted by members of five different gangs acting in concert against members and supposed sympathizers of two rival gangs. MINUJUSTH verified 26 killings, including 3 10/32 19-11594 S/2019/563 women and 3 children, three injuries and two cases of gang rape during the attack, which also involved significant theft and property destruction. In addition, 12 individuals were confirmed missing. Some perpetrators appear to have worn shirts that either were or resembled the uniform shirts of a specialized regional response unit of the national police, the Brigade d’opération et d’intervention départementale. 51. At no stage during the attack did the national police intervene, despite being informed of the violence from the outset. The only action taken by the national police was to mobilize a detachment of the specialized regional public order unit, the Unité départementale de maintien d’ordre, to secure a police station in the area. Two vehicles of the specialized regional response unit were also seen patrolling around the perimeter of La Saline. Witnesses reported that three police officers were with the gangs during the attack. Two of the officers have since been identified and were dismissed from the police force in December 2018. One of the officers had previously been implicated in the November 2017 police operation, which resulted in the killing of eight civilians in the Port-au-Prince neighbourhood of Grande Ravine. A State official, the delegate for the West Department, was also reportedly seen in the area in the company of the police officers and gang members during the attack. The judiciary police conducted an investigation into the events. However, there has been little progress in establishing accountability for the violence to date. A total of 11 known gang members have been arrested, but no criminal proceedings have been launched regarding the alleged implication of police officers and public officials. 52. On 16 and 17 April, MINUJUSTH and OHCHR organized a workshop on the implementation of recommendations accepted during the country’s 2016 universal periodic review of the Human Rights Council (see annex I, indicator 9.1). The workshop was aimed at ensuring that the accepted recommendations were included in the national action plan for human rights, currently being developed by the Int er-Ministerial Committee on Human Rights. Participants included representatives from the office of the Prime Minister and eight ministries, the national police and other national institutions. The expert consultant tasked with drafting the national action plan, supported by MINUJUSTH through the joint rule of law programme, was also present. 53. The Office of the National Human Rights Ombudsperson, the national human rights institution of Haiti, has retained its “A” status under the principles relating to the status of national institutions for the promotion and protection of human rights, the benchmarks for assessing national human rights institutions developed by the Global Alliance of National Human Rights Institutions (see annex I, indicator 7.1). On 26 April, the Office publicly presented its annual report for the period 2017–2018, which provides an overview of the activities of the institution and an assessment of the situation of human rights in Haiti (see annex I, indicator 7.2). The report includes 22 recommendations to State authorities on a broad range of human rights issues, including prolonged pretrial detention. In the report, the first of its kind produced by the Ombudsperson since 2013, the Office recognizes several operational challenges faced by the institution. 54. As part of its mandate to build the capacity of civil society organizations, MINUJUSTH delivered training sessions on human rights monitoring in five locations: Cap-Haïtien, Gonaïves, Jacmel, Jérémie and Port-au-Prince. The training sessions, which covered human rights monitoring principles, criteria for identifying violations and report preparation, were attended by 105 people, including 35 women. The Human Rights Service of MINUJUSTH also conducted activities through the community violence reduction programme, including capacity-building activities for civil society organizations representing people living with disabilities and lesbian, gay, bisexual, transgender and intersex persons. 19-11594 11/32 S/2019/563 F. Election preparations (benchmark 11) 55. In line with the recommendations of the electoral needs assessment mission of December 2018, the UNDP-led integrated electoral support project to support the Haitian electoral cycle of 2019/20 was finalized. The project, developed in consultation with the Provisional Electoral Council, involved UNDP, for technical support and institutional strengthening, UNOPS, for logistical support, and UN-Women, for spearheading the participation of women and gender issues under one umbrella, thereby advancing the “One United Nations” approach. 56. Following the recommendations of the needs assessment mission, a United Nations coordination mechanism, the United Nations electoral task force, was convened within the Office of the Special Representative of the Secretary-General for Haiti to advise mission leadership and support the good offices of the Special Representative in the lead-up, during and after the next elections in Haiti. An ad hoc mechanism to liaise with the diplomatic community on electoral issues will al so be established. 57. No additional progress was made during the reporting period on the review and adoption of the electoral law by the Parliament (see annex I, indicator 11.3). Similarly, the draft budget proposed for elections has also not been adopte d, complicating the capacity of stakeholders to adequately plan for electoral operations and increasing the risk of further delays in the holding of elections. Nevertheless, the Provisional Electoral Council has taken steps, albeit incipient, to prepare fo r elections. 58. A joint MINUJUSTH-national police electoral unit, established in February, held its first working session on the development of the electoral security plan, on 24 April. The police have begun conducting security assessments of voting cent res in some departments. IV. Transition planning 59. The United Nations system is finalizing a report on the implementation of the United Nations Development Assistance Framework for the period 2017–2018 and is developing joint workplans for 2019–2020 in consultation with the technical experts of the Government of Haiti, the private sector and civil society. The workplans will be reviewed once a new Government is in place and the United Nations system has identified all of its joint priorities for the next phase on the basis of the current situation in the country, the mandate of the United Nations Integrated Office in Haiti, pursuant to Security Council resolution 2476 (2019), and specific objectives flowing from the Sustainable Development Goals. 60. In particular, the 2019–2020 workplan for outcome 5 of the Framework, on governance and rule of law, is being developed jointly by the United Nations country team and MINUJUSTH to transfer programmes that will continue to be carried out by the United Nations system in the post-MINUJUSTH period, especially in the areas of justice and community violence reduction. The risks and the necessary mitigation actions, including enhancing resource mobilization efforts, are also identified in the workplan. In that regard, the United Nations country team has worked on a financing strategy and action plan to secure the resources necessary for its critical work after the exit of MINUJUSTH; and joint programmes supported by the Joint Fund for the 2030 Agenda for Sustainable Development and the Peacebuilding Fund are being envisaged. The Spotlight Initiative, a joint partnership of the European Union and the United Nations to eliminate all forms of violence against wo men and girls, has granted approximately $13 million to address those challenges during mission drawdown and transition. 12/32 19-11594 S/2019/563 V. Drawdown and closure 61. In accordance with the request of the Security Council for a gradual and phased withdrawal, the Mission has started preparations towards its closure and liquidation in coordination with relevant teams at Headquarters. Two field visits to the Mission from Brindisi, Italy, and New York, in February and March, respectively, resulted in an agreed methodology for the downsizing and liquidation process. A working group on closure co-chaired by the Chief of the Mission Support Division and the Chief of Staff has been established and has been meeting weekly, including holding regular coordination videoconferences between MINUJUSTH, Headquarters and the Global Service Centre in Brindisi. A Mission closure plan was submitted to Headquarters on 29 March, which highlights a workflow process along four streams: (a) site closures; (b) asset disposal; (c) human resources; and (d) archiving. Concurrently, a working group with the Government has been established to ensure a smooth and closely coordinated drawdown. The group is co-chaired by a special adviser to the President and the Chief of Staff of MINUJUSTH and meets every two week s. 62. MINUJUSTH committed its logistical capacity to support the repatriation of formed police units by 15 October 2019 in accordance with the MINUJUSTH closure plan. The Nepalese formed police unit was repatriated on 1 May 2019, and the vacated camp in Quartier Morin (North Department) was closed on 30 June 2019. The Indian formed police unit will be repatriated in July 2019, followed by the Jordanian and Rwandan formed police units in August 2019. The Senegalese formed police unit will be the last to depart the Mission and is scheduled to be repatriated at the end of September 2019. As the national police continues to increase its operational capacity, MINUJUSTH has pursued the implementation of the security transition plan through the gradual drawdown of uniformed personnel. Three formed police units located in the Artibonite, Nippes and West Departments remained operational as of 30 June, leaving the sole responsibility for public order to the national police in 7 out of the 10 Departments. Information regarding the composition and strength of the police component of MINUJUSTH and the deployment of police units in the country, as at June 2019, can be found in annexes II and III to the present report. 63. Out of a total of 25 remaining sites and co-locations, the Mission closed and handed over its camp in Jérémie (Grande-Anse Department) on 1 May 2019 and closed its camp in Quartier Morin and the Delta camp in Port -au-Prince and ceased operations in 14 police co-location and 3 corrections co-location sites on 30 June 2019. MINUJUSTH is thus ensuring that both privately owned and government owned land occupied by the Mission is being returned to the rightful owners, in full compliance with environmental and contractual obligations. 64. MINUJUSTH has finalized the asset disposal plan with the support of the Department of Operational Support. Disposal decisions are within the Mission ’s delegation of authority and necessary action is taken to align the processes of ongoing disposal. MINUJUSTH will report all those transactions in the report on the final disposition of assets, as part of the final MINUJUSTH financial statement, following the completion of the liquidation process. Environmental clean-up efforts are enabling the Mission to dispose of significant quantities of scrap, in accordance with environmentally friendly solutions and using established disposal methods. 65. A phased personnel drawdown plan organized around three dates – 30 June, 31 August and Mission closure on 15 October – to ensure a smooth and staggered reduction of personnel has been developed through an extensive consultative process within the Mission. The proposed reduction of staff reflects the human resources required to complete mandated tasks in accordance with resolution 2466 (2019) and ensures continuity for those tasks envisaged for the special political mission, as 19-11594 13/32 S/2019/563 recommended in my previous report and in my letter dated 13 May ( S/2019/387). Across MINUJUSTH, staff reductions affect a total of 23 per cent of staff ahead of the closure of the Mission on 15 October. 66. With the adoption of Security Council resolution 2476 (2019) on 25 June, preparations for the start-up of the United Nations Integrated Office in Haiti have intensified to ensure continuity and a smooth handover in mid -October. VI. Conduct and discipline 67. There have been no new allegations of sexual exploitation and abuse since my previous report. MINUJUSTH continued to implement the three-pronged conduct and discipline strategy for all categories of United Nations personnel, including training, risk assessment and public information, to sensitize the Haitian population to the United Nations standards of conduct, in particular the zero -tolerance policy towards sexual exploitation and abuse. As part of the remedial action, the Mission maintained continuous communication and referrals for assistance for the victims of sexual exploitation and abuse. 68. A senior officer dedicated to victims’ rights joined MINUJUSTH on 22 March, with a dual reporting line to my Special Representative and the Victims ’ Rights Advocate of the United Nations. The officer is working closely with the MINUJUSTH Conduct and Discipline Team and the United Nations country team to assist 26 past victims of sexual exploitation and abuse, some of whom have one or more paternity claims against former MINUSTAH uniformed personnel. Such assistance includes psychosocial, medical and emergency financial assistance, as well as educational support for 31 children. In addition, the officer is developing projects to support victims and their children for submission to the trust fund in support of victims of sexual exploitation and abuse. VII. Observations 69. Since my report of 1 March, political instability, aggravated by a worsening socioeconomic and security situation, has continued to grip Haiti. Protracted negotiations on the composition of a new cabinet have paralysed the Government and hindered the passage of crucial legislation. Concurrently, the economic outlook has further deteriorated, creating a dangerous mix of factors that is potentially explosive. I call upon all stakeholders to overcome differences to enable the formation of a cabinet, ready to focus on structural reforms and provide services to the population of Haiti, which bears the brunt of the instability. A return to a normally functioning Parliament, able to pass critical laws, is also vital. 70. Regrettably, government efforts to undertake the necessary structural reforms that would improve governance and develop the economy have not been taken to the extent necessary to overcome the increasing despondency fel t among the country’s population regarding the Haitian political class, the underperformance of State institutions and the lack of anti-corruption initiatives. In fact, as a result of the turbulence in the Parliament and its inability to pass the budget fo r the 2018/19 fiscal year, Haiti has missed opportunities to receive significant funding from international donors, which could have been applied to improve social protection and alleviate hardships for some of the most vulnerable. 71. The lack of a unified opposition voice also lessened the capacity of the opposition to engage with the Government and the parties supporting it to find common ground in addressing the country’s challenges. None of the efforts at national 14/32 19-11594 S/2019/563 dialogue have borne fruit. It is of utmost importance that a meaningful, comprehensive and inclusive national dialogue be held. 72. I note with concern that Haiti is due for elections in 2019, yet there is no budget and the electoral law remains stalled in the Parliament. Immediate investmen ts in preparing the electoral process will be critical to the timely holding of successful, peaceful elections and will be essential in order to avert a constitutional vacuum. 73. I also note that the persistent climate of crisis has provided fertile grou nd for an upsurge in criminal gang activity, in parts of Port-au-Prince and the Artibonite Department. If Haiti is to successfully control armed gang violence and reverse the negative trend, a political solution needs to be found and resources invested in novel, multisectoral approaches that would address the socioeconomic issues that are at the root of the violence. A successful effort to dismantle gangs would require reinsertion opportunities, sustained engagement with community members and weapons and ammunition management programmes. As outlined in my letter dated 13 May, the new special political mission will be ready to support the authorities in those endeavours. 74. While the national police has, on the whole, been successful in managing the successive waves of anti-government protests that have swept the country since the second half of 2018, the upsurge in gang activity has strained an already-stretched security force. Providing adequate funding and equipment to the national police should be prioritized, since it is essential to sustain its full functioning and to ensure the security of the citizens of Haiti and the stability of the country. Credible, effective and transparent oversight mechanisms are needed to ensure that police operations are conducted in line with international standards. Without stronger support from the Government and the international community, the police force risks losing the gains in professionalization achieved thus far. 75. Support for justice and corrections reform will also remain critical for achieving sustainable peace and security in Haiti. As noted in my previous report and my letter dated 13 May, the launch of catalytic justice reform initiatives through a nationally owned reform road map remains a central priority. The initiatives should build upon recent positive trends, including the reduction of individuals held in pretrial detention and the increase in cases processed in real time in some jurisdictions. 76. I am alarmed by the findings contained in the report on the allegations of human rights violations and abuses that occurred in November 2018 in La Saline and by the impunity that continues to prevail in serious cases of human rights violations. The allegations of complicity by at least two police officers and a representative of the State call for authorities to act swiftly to bring to justice those who are responsible for the crimes. The cyclical consequences of impunity are illustrated with clarity by the participation of one of the police officers in both ca ses of extreme violence in La Saline and Grande Ravine, exactly one year apart, with no legal proceedings initiated to date in relation to the Grande Ravine killings. 77. Almost a year after the first large-scale anti-corruption demonstrations, the events of 9 and 10 June yet again showcased public demand for accountability. In 2018, I highlighted the vigorous debate on corruption and reform held among civil society, the opposition and the Government. However, I regret that the debate has not produced any specific outcome. In its reports, the Superior Court of Auditors and Administrative Disputes has shed light on certain allegations; yet, little has been done to bring perpetrators to justice and recover the embezzled money. As a means to contribute to the stabilization of the country, I encourage the Superior Council of the Judiciary to ensure that magistrates under its jurisdiction enjoy the necessary independence to conduct the required judicial proceedings and call upon the President 19-11594 15/32 S/2019/563 to launch a dialogue that addresses the issue of accountability in a structural and sustainable manner. 78. I regret to inform the Security Council that, despite the progress made in many areas, it is unlikely that the majority of the 46 indicators from the benchmarked exit strategy will be achieved by October 2019. While great strides have been made in relation to the human rights benchmarks, the limited achievement of those related to the oversight mechanisms of the judiciary and the police is of particular concern. In addition, the recurring political crises of the past 18 months have represented an important impediment to the adoption of legislative measures essential for consolidating the rule of law, combating corruption and preparing elections. In spite of the extensive support provided by the Mission in those areas, it is clear that measurable progress will only occur in a calmer political environment, in which both the executive and legislative branches of power function properly. 79. In conclusion, I would like to express my sincere gratitude to my Special Representative for Haiti, Helen La Lime, and the women and men of MINUJUSTH and the United Nations country team for their work and dedication in contributing to the stabilization of Haiti and supporting the country o n its path to development. I would also like to thank those Member States that have continued to provide police and corrections personnel to the Mission. 16/32 19-11594 S/2019/563 Annex I Benchmark indicators, targets and baselines Symbol Equivalent Symbol Equivalent On track to achieve target by the timeline (13 indicators, 28 per cent) Challenges expected to achieve target by the timeline but with a descending trend (8 indicators, 17 per cent) Challenges expected to achieve target by the timeline but with a positive trend (6 indicators, 13 per cent) No progress/Not on track to achieve target by timeline (13 indicators, 28 per cent) Challenges expected to achieve target by the timeline but with a stagnating trend (6 indicators, 13 per cent) No update on progress was expected during the reporting period (0 indicators) Benchmark Indicator Target timeline Target Update as at 15 May (or otherwise specified) 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 the President) April 2019 3 – New Criminal Code is promulgated 1 – No session in the Parliament dedicated to discussions of the Code owing to the current political situation 1.2 Existence of the Code of Criminal Procedure (1 – draft law initiated; 2 – draft law voted by each chamber; 3 – law promulgated by the President) April 2019 3 – Code of Criminal Procedure is promulgated 1 – No session in the Parliament dedicated to discussions of the Code owing to the current political situation 1.3 Existence of the Legal Aid Law (1 – draft law initiated; 2 – draft law voted by each chamber; 3 – law promulgated by the President) April 2019 3 – Legal Aid Law is promulgated 3 – Target already achieved 19-11594 Trend 17/32 S/2019/563 Benchmark Indicator Target timeline Target Update as at 15 May (or otherwise specified) 1.4 Existence of the organic law on the Haitian national police elevating the Directorate of Prison Administration to a central directorate (1 – draft law initiated; 2 – draft law voted by each chamber; 3 – law promulgated by the President) April 2019 3 – Organic law on national police is promulgated 1 – Draft organic law submitted to the Ministry of Justice and Public Security, but current political situation has not allowed any progress on its adoption 1.5 Existence of the Prison Law (1 – draft law initiated; 2 – draft law voted by each chamber; 3 – law promulgated by the President) April 2019 3 – Prison Law is promulgated 1 – Draft prison law submitted to the Ministry of Justice and Public Security, but current political situation has not allowed any progress on its adoption 1.6 Identification of the implementation requirements by the relevant institutions, including budgetary allocations, for the new legislation (disaggregated by law) October 2019 Implementation requirements, including budgetary allocations, are determined for the new legislation Identification of implementation requirements for: Trend (a) Criminal Code: not yet adopted (b) Code of Criminal Procedure: not yet adopted (c) Legal Aid Law: a technical committee on the implementation of the Law has been set up by the Ministry of Justice and Public Security (d) Organic law on national police: not yet adopted (e) Prison Law: not yet adopted 18/32 19-11594 S/2019/563 Benchmark 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 Auditors and Administrative Disputes 19-11594 Indicator Target timeline Target Update as at 15 May (or otherwise specified) 1.7 Number of new case files processed in real time by the prosecutors in the jurisdiction of Portau-Prince October 2019 800 new case files processed in real time by the prosecutors in the jurisdiction of Portau-Prince October 2017–April 2019: 1,010 new cases processed in real time by the prosecutors in the Port-au-Prince jurisdiction 1.8 Proportion of detainees in pretrial detention in excess of two years at the civil prison of Portau-Prince October 2019 50.4 per cent of As at 9 July 2019: 63.3 detainees in pretrial per cent (2,087 out of detention at the civil 3,295 detainees) prison of Port-auPrince 1.9 Number of cases closed by investigative judges in the jurisdiction of Port-au-Prince October 2019 750 orders issued October 2017–April 2019: 575 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–April 2019: the court of first instance of Port-auPrince adjudicated 531 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 The preliminary report on the state of the judiciary has been finalized and submitted to the Superior Council of the Judiciary, but the drafting of the body’s annual reports has yet to be initiated. 2.2 Number of seats filled at the Superior Council of the Judiciary, the Court of Cassation and the Superior Court of Auditors and Administrative Disputes, disaggregated by gender April 2019 Superior Council of the Judiciary: 9/9 (3 women) All the appointments have been made since 31 January, but the gender quota constitutionally required has not been respected. Court of Cassation: 12/12 (4 women) Superior Court of Auditors and Administrative Disputes: 9/9 (3 women) Trend 19/32 S/2019/563 Benchmark Indicator Target timeline Target Update as at 15 May (or otherwise specified) 3. The Directorate of Prison Administration performs key management functions providing basic services to all detainees and ensures respect for their rights 3.1 Number of deaths per 1,000 inmates October 2019 Ratio equal to or below 10/1,000 inmates 1 January 2018– 15 May 2019: 12/1,000 inmates 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 are supported by functioning health services for inmates. In assessing whether a prison facility has functioning health services and adequate health-care facilities, the principal factors taken into consideration are the presence of at least one doctor and/or a nurse and the availability of basic medical equipment and infrastructure. It is not expected that there will be an upward progression in that number by October 2019 because of the current constraints faced by the Directorate of Prison Administration in funding medical care for inmates, which are negatively affecting the infrastructure, healthcare personnel, medical equipment and regular supply of medication. 3.3 Number of Directorate of Prison Administration officers recruited through a dedicated process, disaggregated by gender, out of the 941 new officers required by 2021 to October 2019 300 Directorate of Prison Administration officers recruited, of whom 30 per cent are women, out of the total 941 new officers to meet the Directorate’s needs by 2021 1 January 2018–15 May 2019: a total of 148 cadets, including 22 women, have been recruited, trained and deployed to the Directorate of Prison Administration. The difference with the findings in the previous report (from 151 to 148) occurred because 3 aspirants 20/32 Trend 19-11594 S/2019/563 Benchmark Indicator Target timeline Target 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 19-11594 Update as at 15 May (or otherwise specified) Trend who completed the specialized training course for prison officers were later transferred to the national police. 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 Eight prisons are currently being assessed for certification. As part of the certification process, two rounds of prison evaluations have been conducted, before the final certification, in July. All factors considered remaining constant, the Directorate of Prison Administration expects that three prisons will be certified. From 15 April to 6 May, the joint Directorate of Prison Administration/ MINUJUSTH monitoring and evaluation committee carried out the second round of prison evaluations on the basis of the defined certification criteria. The report and recommendations for further improvement in prison conditions of the committee were discussed with the Directorate and relevant stakeholders on 14 May. 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 the strategic development plan) The overall implementation rate is estimated at 30.07 per cent. Out of the 133 priority actions comprising the plan, 111 are expected to be implemented during 2017–2019. Of those 21/32 S/2019/563 Benchmark 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 Indicator Target timeline Update as at 15 May (or otherwise specified) Trend 111, 2 priority actions are completed, 103 are ongoing and 6 have not begun. 4.2 Number of police officers per 1,000 citizens October 2019 1.45 1.31 4.3 Percentage of women police officers October 2019 11 per cent 9.94 per cent (1,483 women out of 14,908 police officers) 4.4 Percentage of national police capacity statically deployed outside the Port-au-Prince metropolitan area October 2019 40 per cent 36.18 per cent All 13 units are capable of responding to security threats with no MINUJUSTH support Eight of the 13 units operate without MINUJUSTH support 4.5 Number of October specialized public 2019 order units out of the 13 existing units of the national police (12 Unites départementales de maintien d’ordre and 1 Compagnie d’intervention et de maintien de l’ordre) capable of responding to security threats with no MINUJUSTH support 22/32 Target 19-11594 S/2019/563 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 19-11594 Indicator Target timeline Target Update as at 15 May (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 For the period from 1 March to 30 June, 281 operations (244 public order operations and 37 operations against criminal gangs) were conducted, of which 217 public order operations and 27 operations against criminal gangs (86.83 per cent) were conducted without MINUJUSTH support. 4.7 Percentage of national budget allocated to national police October 2019 8 per cent of national budget allocated to national police Currently, 6.6 per cent of the national budget is allocated to the national police, which is consistent with the trend observed over the past five years. The current political situation has not allowed for the adoption of a new 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 and Public Security An inspection tour was launched in December 2018, starting with the jurisdiction of Croixdes-Bouquets and ending with the jurisdiction of Port-auPrince in June 2019. April 2019 80 per cent of all allegations investigated by the General Inspectorate of the national police 1 January 2018– 30 June 2019: 77 per cent of allegations against national police officers, including agents of the Directorate of Prison Administration, investigated (252 cases investigated out of 327 cases reported) Number of appeal courts inspected (out of 5) 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 Trend 23/32 S/2019/563 Benchmark 24/32 Indicator Target timeline Target Update as at 15 May (or otherwise specified) 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 2018– 30 June 2019: 31 per cent (162 cases have been sanctioned out of 516 cases of allegations of misconduct against national police officers, including officials of the Directorate of Prison Administration) 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 1 January 2018– 30 June 2019: police officers were prosecuted in 12 per cent of cases of alleged human rights violations (39 officers out of 327 investigated cases) 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 As at 30 June 2019, none of the 175 personnel (including 18 women) assigned to the General Inspectorate of the national police were deployed outside the Port-au-Prince metropolitan area. The site for the first regional office of the General Inspectorate has been identified in the North Department. The planning process and preparatory activities are coordinated with the United Nations Development Programme to launch the procurement process for the construction of the regional office. Trend 19-11594 S/2019/563 Benchmark Indicator Target timeline Target Update as at 15 May (or otherwise specified) 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 6.1 Proportion of the population expressing satisfaction on how the national police performs at reducing crime April 2019 88 per cent A draft questionnaire was developed to assess public satisfaction with regard to the quality of the services provided by the police to the population. The document was shared with the Chief Inspector General, whose reaction is still 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 (per year) 2,180 youth at risk, including 802 young women, cooperating with national police community policing and law enforcement authorities (the numbers were revised downward by the implementing partner; new projects currently in early stages of implementation will show an increase during the next reporting period) 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 1 January–6 June 2019: homicide ratio estimated at 9.04 per 100,000 citizens (523 intentional homicide victims, of whom 483 are men (including 4 minors) and 40 are women (including 1 minor)) 6.4 Number of kidnappings reported in the Port-au-Prince metropolitan area April 2019 50 or fewer kidnappings reported in the Portau-Prince metropolitan area 1 January–30 June 2019: 30 cases of kidnapping concerning 43 people (30 men and 13 women). Of the 30 cases, 15 were reported in the Port-au-Prince metropolitan area. 19-11594 Trend 25/32 S/2019/563 Benchmark 7. The national Office of the Ombudsperson functions independently and protects citizens whose rights have been violated 26/32 Indicator Target timeline Target Update as at 15 May (or otherwise specified) 6.5 Number of gang-related incidents in the hotspot zones of Cité Soleil, Bel-Air and Martissant April 2019 18 or fewer gangrelated incidents in the hotspot zones of Cité Soleil, Bel-Air and Martissant 1 January–30 June 2019: 33 incidents 6.6 Number of sexual and genderbased 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 1 January–30 June 2019: 136 cases have been reported and investigated, involving a total of 140 victims (16 men, including 8 minors, and 124 women, including 57 minors) 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 On 18 April, the Subcommittee on Accreditation of the Global Alliance of National Human Rights Institutions made public the reaccreditation of the Office of the Ombudsperson, retaining status “A” under the Paris Principles. 7.2 Number of recommendations of the Office of the Ombudsperson implemented by national rule of law institutions April 2019 Three recommendations of the Ombudsperson implemented by national rule of law institutions On 26 April, MINUJUSTH received the 2017–2018 annual report of the Office of the Ombudsperson, which contains 22 recommendations to State authorities. In the report, the Ombudsperson notes that, as at May 2019, of those recommendations, the State has taken action on one, regarding the fight against prolonged pretrial detention in the jurisdiction of Port-auPrince. Trend 19-11594 S/2019/563 Benchmark Indicator Target timeline Target Update as at 15 May (or otherwise specified) 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 Special procedures mandate holders of the Human Rights Council have been seized of two cases of allegations of human rights violations as a result of reports submitted by civil society organizations. 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 Since January 2019, a total of 25 reports have been published. 9. National authorities comply with international human rights obligations, including holding individuals responsible for current and past human rights violations and fulfilling their reporting obligations to human rights treaty bodies 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 the universal periodic review of the Human Rights Council A two-day workshop was held on 16 and 17 April, with participation from the office of the Prime Minister and eight ministries, the national police and other national institutions and the expert consultant tasked with drafting the national action plan for human rights. The workshop was aimed at ensuring that recommendations accepted by Haiti during the universal periodic review of the Human Rights Council in 2016 were fully incorporated into the national action plan, currently being developed by the Inter-Ministerial Committee on Human Rights. 19-11594 Trend 27/32 S/2019/563 Benchmark Indicator Target timeline Target Update as at 15 May (or otherwise specified) 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 Target achieved during the previous 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 Target achieved during the previous reporting period 9.4 Appointment by the Government of Haiti of a highlevel human rights focal point within the executive branch April 2019 One high-level focal Target achieved during point within the the previous reporting executive branch period appointed by the Government of Haiti 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 Auditors and Administrative Disputes April 2019 The annual report on public spending of Superior Court of Auditors and Administrative Disputes is available Report was issued on 2 July 11. The Permanent Electoral Council is established through a credible and transparent process and exercises its electoral responsibilities in an independent and transparent manner, without requiring international support 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 No progress registered during the period owing to the current political situation 11.2 Update of the electoral lists in preparation of the next electoral cycle October 2019 The electoral lists are updated No progress registered during the period owing to the current political situation 28/32 Trend 19-11594 S/2019/563 Benchmark 19-11594 Indicator Target timeline Target Update as at 15 May (or otherwise specified) 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 No progress registered during the period owing to the current political situation Trend 29/32 S/2019/563 Annex II Composition and strength of the police component of the United Nations Mission for Justice Support in Haiti as at 17 June 2019 United Nations police officers Country Argentina Women Men 1 4 Bangladesh 12 Cameroon 4 1 Canada 13 8 Chad 1 3 Chile 1 Colombia 1 1 Côte d’Ivoire 7 30 Djibouti 1 2 Guinea 2 2 India Indonesia 140 5 Jordan 4 Madagascar 1 8 Mali 1 10 Mexico 2 4 Niger 6 18 Nigeria 1 3 Philippines 2 Republic of Korea 3 1 Romania 2 11 Russian Federation 7 4 Rwanda 30/32 139 1 Nepal Senegal Men 23 1 El Salvador Women 3 Benin Burkina Faso Formed police units 18 6 14 125 4 18 120 Slovakia 2 Spain 2 Sweden 1 1 Togo 1 3 Tunisia 3 9 Turkey 7 United States of America 4 19-11594 S/2019/563 United Nations police officers Country Women Uruguay Subtotal Total Formed police units Men Women Men 32 531 1 77 193 270 563 833 19-11594 31/32 S/2019/563 Annex III United Nations Mission for Justice Support in Haiti: deployment map 32/32 19-11594