22571: Du Tuyau: Amnesty International's Conclusion and Recommendations (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: ViandeMoulue@aol.com

May all of you enjoy this report. This is the last part (Part 3), as I divided it myself.
God bless,DT***************************************Conclusions and Recommendations
Human rights abuses against the Haitian population continue, despite the presence of international troops. Still, Haiti now has a unique opportunity to break the cycle of violence and impunity that has plagued the country for so many years. The new UN mission, MINUSTAH, has a mandate to support the transitional government and Haitian human rights institutions in promoting and respecting human rights, in order to ensure individual accountability for human rights abuses and redress for victims. The international community must be ready to provide personnel, training, expertise and funds. However, this support needs to be matched by an equal commitment on the part of the Haitian authorities who must demonstrate to the people of their country that they are all equally entitled to justice, and that no one is above the law. Failure to do so will mean that the violence and instability that Haiti has known for much of its history will continue without hope for a solution.
Recommendations to the government of Haiti1. As an immediate priority, take steps to re-establish State authority in all of Haiti, and disarm and disband armed groups. In co-operation with MINUSTAH, draft and implement a comprehensive disarmament strategy which should include measures to restore the rule of law, ensure that the perpetrators of criminal acts are brought to justice, and address the specific needs of children who participated in armed violence;
2. Thoroughly and impartially investigate all reports of past and current human rights abuses, and send a strong and unambiguous message that those responsible for human rights abuses will be brought to justice in accordance with international standards for fair trial, regardless of their position of power or political views;
3. Arrest and return to prison freed or escaped prisoners who had been serving sentences for human rights abuses or other crimes, regardless of whether they support or oppose the current administration;
4. Make clear that there will be no amnesties for human rights abuses and that anyone found to be responsible for committing such abuses will be unable to hold public office;
5. Work with international experts to put in place a thorough, effective and fair vetting process for the recruitment of new police and the screening of existing police officers; one of the aims of the process should be to prevent perpetrators of human rights abuses, including from among former military and armed groups, from joining the new Haitian police service;
6. Give clear and public directives to the restructured Haitian police force regarding the duties and responsibilities of its officers to protect human rights, and ensure that ongoing human rights training is fully integrated into the police structure;
7. Work closely with MINUSTAH and civil society to draft a national plan of action to strengthen police, judicial and prison institutions and to establish the rule of law and end impunity for human rights abuses, including sexual and other violence against women and children. Attention should be paid to an effective witness protection programme, and the collection, preservation and protection of evidence including that pertaining to past abuses;
8. In consultation with MINUSTAH and regional bodies, develop a long-term strategy to address impunity for past violations. As a priority, the process should identify an appropriate venue in which Louis-Jodel Chamblain and other alleged perpetrators of human rights abuses can receive a fair, open trial in accordance with international standards;
9. Work with MINUSTAH, other UN agencies and other donors to draw up a comprehensive sustainable development plan that ensures access to basic rights such as health, food, clean water and education for the whole population, and to address Haiti's widespread poverty and inequality.
Recommendations to the United Nations Stabilization Mission in Haiti (MINUSTAH)
1. Give priority to the development of an effective nation-wide disarmament programme together with the Haitian National Police and regional and national organizations with expertise in the field, paying special attention to the needs of children who participated in armed violence;
2. In co-operation with the Haitian authorities, address the urgent need to rebuild an effective and independent judiciary, police force and prison system committed to observing human rights obligations;
3. Allocate a central place to the promotion and protection of human rights - civil, cultural, economic, social and political - and the ending of impunity in Haiti in order to help ensure individual accountability for human rights abuses and appropriate redress for victims. Work with the Haitian police and institutions, and with local actors including non-governmental organizations to develop a comprehensive, long-term strategy and national plan of action to protect human rights and end impunity in Haiti. Ensure that the mission is adequately equipped with the human and material resources to carry out gender-sensitive human rights monitoring, reporting and promotion.
4. Ensure that the anti-impunity strategy include measures to ensure that reported violations of human rights and international humanitarian law are effectively investigated throughout the country, that the suspected perpetrators of recent and past human rights abuses, including politically motivated sexual violence against women, are arrested and brought to justice in accordance with international standards for fair trial, and that any future political agreements exclude an amnesty for crimes under international law including serious violations of human rights. Future MINUSTAH reports should include regular assessments of progress achieved and obstacles met in ending impunity and establishing individual accountability for human rights abuses;
5. Create a justice component within MINUSTAH to work closely with the Haitian judicial system to facilitate efforts to end impunity and promote the rule of law. This component should include personnel with expertise in gathering and preserving documentary, testimonial, and forensic evidence, prosecuting human rights cases, establishing accountability mechanisms and building respect for the rule of law and for human rights, including the rights of women and children.
6. In developing institution-building programmes, co-operate closely with Haitian government authorities, but also with the full range of civil society actors, including local grassroots organizations. Haitian ownership of such programmes is essential for achieving sustainability. To facilitate co-operation, MINUSTAH should seek to employ Creole speaking staff where possible. The co-operation and advice of the Organization of American States, relevant UN agencies and bilateral donors should also be sought.
7. Take special measures to protect women and children from gender-based and other forms of violence, particularly rape and other forms of sexual abuse. Establish training programmes for mission staff and Haitian counterparts on the protection, rights and particular needs of women and children.
8. Recruit international police personnel with the ability to assist with the restructuring and retraining of the Haitian police, and provide immediate technical and financial assistance for the establishment and operation of a thorough, effective and fair vetting process for the recruitment of new police and the screening of existing police officers.
9. Set clear objectives and outcomes for human rights programmes with the adoption of benchmarks to measure and assess progress, including that made by both the UN mission and the Haitian authorities. Support from the UN mission for rebuilding vital rule of law institutions should be conditional on the observance by the Haitian authorities of mutually agreed rules and benchmarks to guarantee the impartial and independent functioning of these institutions.
10. Work together with Haitian authorities, actors from all sectors of society, as well as with the Organization of American States, relevant UN agencies and International Financial Institutions, to develop an integrated gender-sensitive poverty-reduction and development strategy in which rule of law and human rights are an integral part. MINUSTAH should include staff with expertise in development and in the implementation of social and economic rights.
11. Ensure that peace-keeping troops strictly adhere to international human rights and international humanitarian law standards. Distribute codes of conduct to all military and civilian personnel, and ensure that they are fully explained by human rights officers, gender advisers, child protection advisers and commanding officers. Troops must abide by the provisions of the Secretary-General's Bulletin of 6 August 1999 on the Observance by United Nations forces of international humanitarian law, of the Secretary-General's Bulletin of 9 October 2003 on Special measures for protection from sexual exploitation and sexual abuse and should also incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into its mission code of conduct, in line with the recommendations of Security Council resolutions 1460 (2003) on children and armed conflict, and 1325 (2000) on women, peace and security, respectively. Ensure that there is an easily accessible complaints mechanism and prompt investigation and effective follow-up of any alleged human rights violations by peace-keeping troops. Recommendations to the US Command of the Multinational Interim Force
1. Ensure that thorough, prompt and impartial investigations are carried out into all killings resulting from the use of lethal force by US personnel. In accordance with international standards, such investigations should determine, at minimum, the cause, manner and time of death, as well as the person or persons responsible. The families of the victims should be kept informed of the progress and results of investigations. If the investigations indicate that any of these killings may have been carried out unlawfully, those responsible should be brought to justice, and measures taken to prevent such incidents from recurring. The families of anyone found to have been unlawfully killed should be provided with fair and adequate compensation.
2. Ensure that thorough, prompt and impartial investigations are carried out into all incidents where civilians appear to have been subjected to violence or intimidation during MIF search and detention operations, and that compensation be provided where excessive damage has been caused;
3. Confirm the names of all those prisoners who were in the custody of US personnel or other international forces and clarify the basis for holding them and their legal status, as well as what steps were taken to ensure they had access to full legal safeguards.

Recommendations to the international community
1. Make a long-term commitment to assist Haiti as requested by the UN Secretary-General. The re-establishment of the rule of law and institutional building will take many years to achieve and to be sustainable. The ending of poverty in a country with the highest rate of child mortality in the region requires an equal long term commitment. Political capital and financial resources should be committed to that end, including at the forthcoming donors conference in July 2004.
2. To provide well trained peace-keeping troops, including in accordance with the recommendations in Security Council resolution 1325 (2000) on women, peace and security, and with the necessary logistical support to MINUSTAH to enable its deployment as quickly as possible in all parts of the country. French speaking countries are particularly urged to provide personnel.
3. Ensure that the mandate of MINUSTAH is regularly renewed as required in accordance with the wish of the UN Secretary-General to provide Haiti with the continuity necessary to stabilize the country and sustain the international effort to build a better future. The "stop-start" cycle of some 10 international missions in 10 years must be broken, in order to help Haiti forge a permanent solution to its ongoing political, financial and human rights crisis.


Appendix Chronology 1990 - 2004
December 1990 Aristide wins first free presidential elections.February 1991 Aristide inaugurated as President; René Preval appointed as Prime-minister.September 1991 President Aristide ousted in a coup led by army Brigadier General Raoul Cedras. The United States (US) and the Organization of American States (OAS) impose sanctions.September1992 De facto government agrees to team of 18 OAS human rights observers.February 1993 The UN/OAS International Civilian Mission (MICIVIH) human rights observer mission is established. June 1993 UN imposed oil and arms embargo and freezing of assets of the de facto authorities.July 1993 Dramatic increase in violence in Port-au-Prince area. The UN/OAS brokered Governors Island Agreement between Aristide and the military regime sets October 30 as deadline for Aristide's return to HaitiAugust 1993 UN General Assembly votes to suspend sanctions.September 1993 Emergence of the Revolutionary Armed Front for the Progress of Haiti (Front Révolutionnaire Armé pour le Progrès d'Haïti, FRAPH). Armed men attack ceremony to reinstate Port-au-Prince mayor Evans Paul, killing five people. Assassination of pro-Aristide businessman Antoine Izméry. UN Security Council authorizes "immediate dispatch" of a UN technical military and police mission to Haiti, UNMIH. October 1993 MICIVIH becomes object of threats and attacks. Aristide signs amnesty for political offences between 29 September 1991 and 3 July 1993. First UNMIH police contingent arrives. FRAPH demonstration at Port-au-Prince harbour results in withdrawal of US vessel Harlan County carrying US and Canadian military. Assassination of Justice Minister Guy Malary. Withdrawal of UNMIH contingent and MICIVIH. UN reimposes sanctions. January 1993 MICIVIH returns to Haiti.April 1994 Haitian troops and FRAPH members kill at least 20 unarmed people in the slum area of Raboteau in Gonaïves.July 1994 MICIVIH expelled from the country. UN Security Council passes Resolution 940 authorising foreign intervention in Haiti using "all necessary mea!
 ns" to r
estore democracy. September 1994 US troops land in Haiti at the head of a multinational forceOctober 1994 The military regime relinquishes power and Aristide returns to Haiti to be re-installed as President. MICIVIH returns.March 1995 UN Mission In Haiti (UNMIH) replaces US-led Multinational force.June 1995 Aristide's Lavalas Political Organization (Organisation Politique Lavalas, OPL), wins legislative elections.December 1995 OPL candidate René Preval wins presidential elections.February 1996 René Preval is inaugurated as President.June 1996 Mandate of UNMIH expires. The United Nations Support Mission in Haiti (UNSMIH) is established.May 1997 Second round of elections for the Senate cancelled amidst accusations of electoral fraud. July 1997 The United Nations Transition Mission in Haiti (UNTMIH) replaces UNSMIH.December 1997 UNTMIH's mandate expires. Establishment of the UN Civilian Police Mission in Haiti (MIPONUH).January 1999 President René Preval declares parliament's term expired and begins ruling by decree.March 2000 The mandates of MICIVIH and (MIPONUH) expire. The UN Civilian Support Mission to Haiti (MICAH) replaces them.May 2000 Legislative elections held, but declared flawed by OAS.August 2000 The new parliament is inaugurated.November 2000 Aristide wins presidential elections which were boycotted by the main opposition parties.February 2001 Aristide is inaugurated as President. MICAH's mandate expires and not renewed. July 2001 Presidential spokesman accuses former army officers of a coup attempt after armed men attack three locations.December 2001 Thirty armed men try to seize the National Palace in a coup attempt. Twelve people are killed in the coup attempt, which the government blames on former army members. July 2002 Haiti becomes a member of the Caribbean Community (Caricom). January 2004 Celebrations marking 200 years of independence marred by violence and protests against President Aristide's rule. The terms of the majority of both houses of parliament expire. President Aristide star!
 ts to ru
le by decree.February 2004 Uprising against Aristide starts. Insurgents seize a number of towns and cities. President Aristide leaves the country. Supreme Court Chief Justice Boniface Alexandre is sworn in as Interim President. UN Security Council resolution 1529 authorises a US-led Multinational Interim Force (MIF) in Haiti, which immediately begins deployment. March 2004 Gérard Latortue is appointed Interim Prime Minister.June 2004 A UN peacekeeping mission (MINUSTAH) takes over from the MIF.