24619: Esser (news) On Gang Violence and Collateral Damage: The Offensive in Cite Soleil

[sak-pase@bimini.ws]

From: D. Esser <torx@joimail.com>

source:
Haiti-news mailing list
https://listhost.uchicago.edu/mailman/listinfo/haiti-news


Judy DaCruz
Independent Human Rights Lawyer
Port-au-Prince
March 31, 2005


ADDRESSING STREET GANG VIOLENCE AND COLLATERAL DAMAGE: THE PLANNED
OFFENSIVE IN CITE SOLEIL
by Judy Dacruz

Any loss of life whether as a result of combat, summary executions or
other causes such as hunger or denial to basic health care, and
whether it is that of a civilian or that of a police or military
officer, is one too many.

Haiti has already seen too many of these killings resulting in
consequences that are similarly abusive against its people. Therefore
it is crucial that all aspects and consequences of any proposed
action to restore security in the area are properly assessed. While
it is imperative that those responsible for committing violence in
Cité Soleil or elsewhere are stopped, it is similarly imperative that
any action to achieve this objective does not result in further
violence.

The declaration today, March 31, 2005 by a UN military spokesperson,
Lt. Colonel Elouafi Boulbars, that there is a plan to disarm street
gangs in Cité Soleil during an offensive that will take place over
several days while at the same time considering collateral damage,[1]
therefore deserves the following consideration.


THE NATURE OF VIOLENCE

The nature of the violence in Cité Soleil cannot be described solely
as street gang violence.

While many acts of a purely common criminal nature such as robberies,
murders and rapes[2] have been committed against residents by
individual members of armed gangs[3], the fact remains that these
armed gangs and other groups regard themselves as either Aristides
supporters or opponents.***

(***Caution should be used when labeling ARISTIDE supporters. The use
of the word gang depicts a group of uncontrolled, undisciplined,
lawless, murderers, rapists, and thieves  enemies - instead of a
disciplined people who are fighting a liberation struggle.***)

Consequently they also see themselves, and are supported in this view
by residents, as defenders of their neighborhoods against the attacks
of the opposite group. Since September 30, 2004, there have been many
casualties, not yet assessed or even acknowledged by either political
sides and other groups, as a result of such attacks.

Additionally, in the case of neighborhoods other than Boston, there
is the fear of attack by the Haitian National Police (HNP)[4],
accused by several groups to having committed numerous human rights
abuses such as summary executions and arbitrary arrests leading to
disappearances in neighborhoods perceived as supportive of LAVALAS.
The same fear is applied to the former military[5], responsible for
many human rights abuses during the military dictatorship period of
1991-1994 in these same neighborhoods. Women in particular, many of
whom were brutally and sexually abused by the former military on
political grounds during that period, are particularly afraid of such
a scenario.

Therefore any offensive inside Cité Soleil by MINUSTAHs troops
together with the HNP will be seen as an attack against opponents of
the interim government and may give way to acts of reprisal that will
result in inevitable casualties for all those caught in the conflict.
If this aspect has not yet been understood by involved parties, this
is not the case for the majority of remaining residents in Cité
Soleil, both from anti-Aristide Boston and other pro-Aristide
neighborhoods, who see it as such.


COLLATERAL DAMAGE

Similarly, one could argue that the use of the term collateral
damage by the UN military spokesperson reflects the fact that
MINUSTAH see these armed groups or gangs in Cité Soleil as military
objectives, not mere common criminals. Collateral damage occurs when
attacks targeted at military objectives cause civilian casualties and
damage to civilian objects. It often occurs if military objectives
are situated in or close to residential areas.

In any situation of violence, civilians have little legal protection
from collateral damage, more so in an area like Cité Soleil where the
wide majority live in fragile shacks and where armed groups often
commingle among the population. Therefore, an offensive to disarm
these armed groups will necessarily be targeted at the civilian
population and ensuing casualties among innocent civilians will not
be collateral damage.

Moreover, there is the risk that those directly under attack may
deliberately take shelter among the civilian population so as to
protect themselves. This strategy, which can never be justified, (?)
remains nonetheless a possibility and should not be ignored by
MINUSTAH or the HNP.

In addition, a battle between military troops in secured tanks
together with heavily armed police against armed civilians
undisciplined and untrained in the rules and regulations of armed
combat, cannot be proportional and will inevitably bring disastrous
consequences. It must not be forgotten that even in the case of the
trained HNP, MINUSTAH has so far been unable to stop the excesses of
certain of its members that have resulted in several illegal killings
in other neighborhoods. Therefore, what guarantee exists that this
same police officers will not indulge in similar actions in Cité
Soleil during that operation or in the future once the armed groups
are removed?

If the collateral damage expected from the attack is not proportional
to the military or other advantage anticipated, then the attack
should be either refrained or suspended until a more appropriate plan
to end violence in Cité Soleil and other neighborhoods is found.


CONFLICT RESOLUTION

The proposed offensive in Cité Soleil to sweep the area for illegal
guns during an operation that could last for several days similarly
begs the question whether the necessary measures have been taken to
address the special needs of this vulnerable community. Any offensive
must take into account the physical, emotional and psychological
vulnerability of its residents (consequences of daily exposure to
chronic violence, both physical and structural), and the recognition
of the obligation to respect and ensure respect for their rights.

It is therefore imperative that appropriate measures are taken to
protect innocent civilians.

By entering by force into Cité Soleil, MINUSTAH is missing the
opportunity to address widespread systemic problems that grip to
their bones residents of this community who have seen an aggravation
of abuses against their rights to life, food, healthcare and freedom
of movement among others. The need to ensure that armed groups are
disarmed does not warrant an attack which will result in civilian and
possibly police and military casualties and more human rights abuses.

Peacemaking is not about ending violence by any means; it should
rather set a strategy for achieving peace. Non-violent means should
be applied before resorting to the use of force and firearms. Hence,
conflict resolution and disarmament programs should be initiated and
implemented to enable those most affected by human rights abuses to
strive to define the political, social and economic framework that
will address their needs.

If on the other hand, the use of force remains unavoidable, then it
shall be in proportion to the objective to be achieved.

RECOMMENDATIONS:

In view of the above, it is therefore recommended that MINUSTAH:

   * ASSESS the impact of prospective violent clashes between the
     HNP/MINUSTAH forces and armed gangs or groups on innocent
     civilians, especially children, women and the aged,


   * TAKE PRECAUTIONARY & LONG TERM measures to ensure the supply of
     food, water and basic services such as health care to the
     residents of Cité Soleil who, more than anyone else in
     Port-au-Prince, have suffered atrociously as a result of the
     intense violence that has plagued their lives for months;


   * ENSURE that its troops and the HNP act in accordance with
     international standards of human rights; and


   * WORK without discrimination with all sectors in order to address
     and resolve primarily by peaceful means, the problems of illegal
     armed groups and use of violence in Haiti.



Judy Dacruz
Independent Human Rights Lawyer*
Port-au-Prince
March 31, 2005.

   * The author started human rights work in Haiti in November 2002 at
     the Bureau des Avocats Internationaux (BAI), first as an intern
     (sponsored by the Transitional Justice Internship Program of Notre
     Dame University (Center for Civil and Human Rights)) and
     subsequently as an international lawyer. The BAI was set up by the
     former government to prosecute cases of human rights abuses
     committed during the period of the military coup of 1991-1994. She
     worked exclusively on human rights cases, in particular that of
     politically motivated rapes, and at no times was an attorney for
     former President Aristide or his government.


Last year she resigned from her position at BAI and since September,
has been using her own means to independently investigate, monitor
and address human rights violations in Haiti, albeit in a very
limited capacity.

******************

[1] AP news article, Thursday March 31, 2005.

[2] While the majority of the rapes committed in Cité Soleil appear
to have been opportunistic, politically-motivated rapes have also
been reported.

[3] It is believed that several scores of persons have been killed,
raped and robbed by armed gangs that have been controlling, and
responsible for closing off, Cité Soleil since September 30, 2004.

[4] Already, it is believed by fearful residents that members of the
HNP will be hidden inside MINUSTAH's tanks during the planned
offensive. Also, it is widely believed that the attack is taking
place because Labanyè, gang leader in Boston, and a former Aristide
supporter who later turned against him, has been killed the night
before [March 30, 2005]. Whether these beliefs are substantiated or
not is not what matters at this precise moment in time but rather,
what actions should be taken to avert irreparable damages to any
future prospect of peace in the country.

[5] There have been rumors that Ravix, the self-proclaimed commandant
of former soldiers disbanded in 1994, has been in talks with certain
elements of pro-Aristide armed gangs so as to join forces against the
interim government. However, in view of the fact that Ravix and his
men have themselves committed abuses against Aristide and LAVALAS
supporters in the movement that led to the ouster of the previous
government in February 2004, this has been discounted by observers as
unlikely to happen and many still fear the return of the former
military.