Justice

More than 850,000 Haitians have been infected with Cholera and 10,000 have died from it since being introduced by United Nations (UN) peacekeepers ten years ago.  There has been no compensation provided by the UN and its member states.  When the United Nations accepts no accountability for actions, it its less able to demand accountability from others.  While the UN has at times been benefical to Haiti, its unwillingess to right the wrongs of its peacekeeping forces, from sexual abuse and exploitation to cholera, undermine these efforts. The full article by Miami Herald journalist Jacqueline Charles follows.  

Repected Haitian-American author Edwidge Dandicat writes in the Miami Herald op-ed below that the United States is endangering Haitians and communities in Haiti by deporting them regardless of their health status.  More than 100 Immigrants’ rights organizations, faith-based groups, academic institutions across the United States and Haiti, have sent a letter to the Trump administration, the Department of Homeland Security and ICE, urging them to stop the deportations and find community-based alternatives to detention that will prevent the spread of COVID-19.  For members of the Haitian Diaspora and friends of Haiti, now is the time to contact your representatives and senators.  Haiti's political and health care systems are much too fragile right now to deal with a major epidemic.  The end result is that people will lose their lives.   

Last month, the U.S. State Department released the 2014 Trafficking in Persons Report.  As in previous years, the report noted serious shortcomings in the Haitian government's efforts to prevent and respond to human trafficking.  There is some good news, though - in 2014 the Haitian government enacted a law to criminalize human trafficking which is a welcome and much-needed step.  The country narrative for Haiti follows below.  

The U.S. State Department Bureau of Democracy, Human Rights, and Labor (DRL) is mandated to release annual country-specific human rights reports that address individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights.  The 2011 Haiti Human Rights Report is copied below.  Haiti's development depends in large part upon the extent to which human rights are protected, especially for the vulnerable.  That takes the engagement of civil society and a government with the capacity and political will to do so.  As the report makes clear, much remains to be done before we get there.  

The International Crisis Group has released a report on the importance of police reforms for security in Haiti, meaning freedom from intimidation and abuse, conflict and violence, and crime and impunity.  The release comes during a time in which Brazil and other partner nations are increasingly contemplating a gradual drawdown of MINUSTAH staffing. This provides the Haitian government and its partners a window of opportunity to continue reforms that will make the Haitian National Police more effective and accountable.  The full report is attached and a summary is copied below.  

Stability alone may not be sufficient for sustainable development in Haiti, but it is a prerequsite.  One of the ongoing challenges to stability in post earthquake Haiti has been the escape of 4,500 hardened criminals from prison, many of whom were associated with gang violence, drug trafficking, and kidnapping.  On January 12th at 9:00, PBS Frontline will air a special on the efforts of the Haitian National Police to aprehened the escapees and efforts to establish a functional justice system.  More information on the special, which will also be viewable online, below. 

The RAND Corportation has produced a report that convincingly argues building the Haitian state should be central to reconstruction efforts.  This includes the development of skilled, trained, and properly organized government personnel and management systems within and across Ministries.  The report suggests that, at least through the medium term, the Haitian government should contract out health and education services, monitoring and regulating but providing no direct services itself.  It also notes the importance of developing the capacity and accountability of the Haitian National Police.  A summary is copied below and the full report is attached.   

Each year, the U.S. State Department Bureau of Democracy, Human Rights, and Labor is mandated to release country specific human rights reports that address individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights. As this report pertains strictly to 2009, it does not address human rights issues in post earthquake Haiti. Still, it is highly relevant as long term recovery and reconstruction will depend in part upon creating a culture that respects human rights and a government that can enforce them. 

The United States Institute of Peace (USIP) has been working with the Haitian Government to reform its sorely outdated criminal laws, more suited to the needs of 19th Century France than Haiti at present.  For this reason, Haiti's justice system has not been able to address moden crimes which include trafficking in persons, drug trafficking, and violations of human rights.  President Preval has initiated a comprehensive reform process with the participation of civil society, the United Nations, and think tanks such as USIP.  This process could help bring about a new chapter in Haitian history where criminal laws protect rights instead of violating them, and serve all the people of Haiti, including the poor and vulnerable.