March 2012 Monthly Forecast

Posted 29 February 2012
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AMERICAS

Haiti

Expected Council Action 
The Council will likely receive a briefing from Mariano Fernández, the Special Representative of the Secretary-General and head of the UN Stabilisation Mission in Haiti (MINUSTAH), followed by a debate on the semi-annual report on MINUSTAH, which is expected to be released in early March. 

The mandate of MINUSTAH expires on 15 October. 

Key Recent Developments 
The Council visited Haiti from 13 to 16 February. The mission was led by Ambassador Susan Rice (US) and included the participation of all 15 Council members, most at the permanent representative level.

During the visit, the Council met with Haitian President Michel Martelly, as well as with presidents of both chambers of parliament and a group of senators.  The meeting with Martelly covered MINUSTAH’s role, evolution and eventual drawdown. It also appears that Martelly emphasised the importance of economic development to Haiti and expressed his desire for a Haitian national army.

During a meeting with Haitian parliamentarians, it appears that the legislators voiced concern with how MINUSTAH has handled accusations of sexual misconduct against mission police and allegations that the mission caused the cholera outbreak that hit the country in 2010. Despite their concerns, it seems that the parliamentarians cautioned against drawing down the mission too precipitously. In addition, they seem to have discussed with Council members the tensions between the executive and legislative branches. (For detailed SCR coverage of the Council’s trip to Haiti, please see our What’s In Blue entries from 10, 15 and 17 February at www.whatsinblue.org).

At press time, Rice was expected to brief the Council on the mission to Haiti on 28 February. 

On 3 November 2011, the Bureau des Avocats Internationaux, a Haiti-based human rights law firm, and the Institute for Justice and Democracy in Haiti, a Boston-based non-governmental organisation, filed a petition with the UN requesting financial compensation and judicial remedy from an independent body on behalf of more than 5,000 petitioners affected by the cholera epidemic in Haiti.   The UN is currently reviewing the case. (The 4 May 2011 final report of the independent panel of experts, which was appointed by Secretary-General Ban Ki-moon to investigate the source of the cholera epidemic in Haiti, noted that the cholera was a South Asian strain. This would seem consistent with accusations that the source was UN peacekeepers, who had arrived from Nepal shortly before the outbreak of the epidemic in late October 2010. However, the report concluded that “water and sanitation and health care system deficiencies” in Haiti contributed to the spread of the cholera and that the “outbreak was…not the fault of, or deliberate action of, a group or individual.”)  

On 16 January, MINUSTAH contacted UN headquarters regarding allegations of sexual abuse and exploitation that had been made against mission personnel in two separate instances. One complaint focused on UN police officers in Port-au-Prince, while the other accusation was against one or more UN personnel serving in the Formed Police Unit in Gonaïves. On 21 January, the UN sent a team to Haiti as part of an investigation into these incidents.   The UN’s investigation was still underway at press time.   

Haitian Prime Minister Garry Conille resigned on 24 February after little more than four months in office. Conille had disagreed with the President Martelly and other government officials on a number of matters, including a potential audit of $600 to $800 million in construction contracts awarded in the aftermath of the 2010 earthquake and a parliamentary investigation on the nationality of ministers. (Regarding the contracts, aides to Martelly have suggested that the president believes that an audit—which Conille favoured because of the significant quantity of money and, in his words, “difficult circumstances” involved at a time when the state was facing enormous challenges—should not be conducted because past events should not revisited. With respect to the investigation of the nationality of ministers, Haitian law forbids ministers from holding office if they have dual citizenship; Martelly told his ministers not to cooperate with the investigation, while Conille said that they should.)  

Human Rights-Related Developments
The Human Rights Council’s independent expert on the situation in Haiti, Michel Forst, visited Haiti from 31 January to 8 February. Commenting at the end of his visit, he said that the government had made some progress in restoring the rule of law. Forst noted, however, that serious challenges remained. On justice, he said suspects were often held in conditions that would be considered cruel, inhuman or degrading under the UN Convention against Torture, and there were still too many delays in bringing them to trial. On conditions in camps, he called for the adoption of a comprehensive national urban planning strategy that would allow internally displaced persons to return to their communities of origin in acceptable conditions rather than to makeshift shelters. Finally, the expert made clear his disappointment with a judge’s ruling that former President Jean-Claude Duvalier might not face charges relating to the serious human rights violations that took place during his 15-year rule. Forst supported the intention of families of victims to appeal the judge’s decision.

Key Issues
One key ongoing issue is the continuing urgent need to develop the capacity of the HNP and rule-of-law institutions. (On 16 February, Rice highlighted the challenges of building legal and police institutions during a press conference at the airport in Port-au-Prince.)  

Another key issue is the tension between Haiti’s executive and legislative branches, which appear to have hindered the effectiveness of the government.     

An additional important issue is MINUSTAH’s ability to demonstrate its legitimacy and effectiveness in the midst of the recent allegations of sexual misconduct by police personnel from the mission and the petition filed on behalf of victims of the cholera epidemic. A related issue is how the UN handles the investigation and the petition. 

A further key issue is the support that MINUSTAH is able to provide for the upcoming elections at the local level and at the national level for one-third of the senate, which are expected to be held later this year. At press time, a related issue seemed to be the apparent lack of preparation for these elections on the part of Haitian authorities. 

Martelly’s desire to reconstitute the army and the potential political, economic, and security implications that bringing this desire to fruition would entail, is a further issue. (Pertinent considerations include how the army would be composed, what type of training it would receive, who would provide that training, what its particular responsibilities would be and how funds would be generated to equip and pay the salaries of troops.)    

A related issue moving forward could be how MINUSTAH’s mandate might be adjusted to accommodate the possible establishment of the army.   

Options
One option is for the Council to receive the briefing and hold the debate without producing a formal outcome.  

The Council might also consider issuing a statement that focuses on the Council’s recent mission in which it:

  • highlights signs that progress has been made and congratulates the Haitian people for this progress;
  • encourages the executive and legislative branches to resolve their differences in a cooperative manner; and
  • reiterates the UN’s commitment to assist the Haitian people in managing the country’s challenges related to peace and security issues, restating MINUSTAH’s mandated role “to strengthen the capacity of the Haitian National Police (HNP) in order  for the HNP to take full responsibility for Haiti’s security needs”, thus downplaying potential efforts to create an army..

The Council might also request more regular briefings from the Department of Peacekeeping Operations on the situation in Haiti in informal consultations. (This might help Council members keep up to date on MINUSTAH’s activities and events unfolding on the ground, as the Secretary-General reports to the Council on Haiti only on a semi-annual basis.)

Council Dynamics
It seems that the recent mission to Haiti made Council members vividly aware that the political situation in the country remains fragile. In particular, there are concerns about the political disputes among the president, the parliament and the prime minister. 

Many members appear to have been encouraged by the information they received during the Council visit on the apparent close cooperation between UN police and the Haitian National Police (HNP). At the same time, several Council members also appear to want more clarity on when the HNP can be expected to reach the capacity necessary to handle security without international support.

There appears to be widespread support on the Council for MINUSTAH’s mandate. Cognisant that Haiti has continued to experience political and security challenges in spite of the UN’s involvement over the past two decades, the Council is sensitive about not leaving the country prematurely. However, there are differences of opinion regarding the pace at which the mission can be drawn down safely without jeopardising the gains that have been made.    

Although sensitive to Haiti’s sovereign right to determine its military policies, many Council members appear to have reservations about the prospect of Haiti developing a national army. These reservations arise from the fact that historically the army has been a force for domestic repression in Haiti. There are also more practical economic considerations, as it is unclear how the army would be supported given the weak condition of Haiti’s economy. 

Likewise, there appear to be differences of opinion regarding the precise tasks that should engage MINUSTAH personnel. The UK in particular has argued that some of the reconstruction and development activities that the mission is currently engaged in would be better left to Haitian civilians and other UN agencies. 

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UN Documents

Security Council Resolutions

  • S/RES/2012 (14 October 2011) renewed the mandate of MINUSTAH and reduced the number of military personnel by 1,600 and police personnel by 1,150.
  • S/RES/1944 (14 October 2010) renewed the mandate of MINUSTAH and called for a comprehensive assessment of the security environment in 2011 following the elections.
  • S/RES/1927 (4 June 2010) authorised the deployment of 680 additional officers for the police component of MINUSTAH as a temporary surge, with a particular focus on building the capacity of the HNP.
  • S/RES/1908 (19 January 2010) bolstered the troop and police contingents of MINUSTAH by 1,500 additional police and 2,000 additional military personnel.

Security Council Presidential Statement

  • S/PRST/2011/7 (6 April 2011) was adopted at an open debate chaired by Colombia’s president.

Latest Secretary-General’s Report

Meeting Record

  • S/PV.6618 (16 September 2011) was the most recent debate on Haiti. 

Other Relevant Facts

Special Representative of the Secretary-General and Head of MINUSTAH

Mariano Fernández (Chile)

Size and Composition of Mission

Current strength as of 31 January: 11,241 total uniformed personnel, including 7,699 troops and 3,542 police. (The uniformed personnel are supported by 557 international civilian personnel, 1,355 local civilian staff [as of 30 November 2011] and 224 UN volunteers.)

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