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25555: Esser: (news) Haiti Human Rights Report - June 2005 [Part two of two] (fwd)






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


[Part two of two]

Institute for Justice & Democracy in Haiti - IJDH
http://ijdh.org/articles/article_quigley_report.htm

June 2005


Haiti Human Rights Report
Presented to the International Association of Democratic Lawyers


Prepared by Bill Quigley, Professor of Law, Loyola University New
Orleans, 7214 St. Charles Avenue, New Orleans, LA 70118 US
duprestars (at) yahoo (dot) com

___________
English Version [.pdf]:
http://ijdh.org/pdf/QuigleyReport.pdf

Version Française [.pdf]:
http://ijdh.org/pdf/RapportQuigley.pdf

Version Española [.pdf]:
http://ijdh.org/pdf/ReporteQuigley.pdf
___________

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

------------------------------------------------------------------------ ----------------

[continued from part one]


Disarmament and US Shipment of Arms to Haiti

All human rights organizations have called for disarmament in an
effort to stop the violence.

Even the UN Security Council, in one of their rare direct criticisms
of the unelected government in Haiti observed:

"The unified commitment of the Transitional Government to a
comprehensive approach to disarmament, demobilization and
reintegration was found questionable." 82

The April 2005 OAS Haiti report concluded that there are many, many
weapons and no systematic disarmament has taken place.

"Prior to and during this visit, the Commission collected information
indicating that thousands of weapons remain in the hands of illegal
armed groups, gangs, and other unauthorized persons. The Commission
found that no systematic or comprehensive disarmament initiative has
yet been undertaken and encourages the rapid implementation of the
disarmament, demobilization and reintegration program." 83

Despite the universal call for disarmament, the US has shipped
weapons to Haiti and is promising to ship more.

A Geneva-based group, the Small Arms Survey, financed by the Swiss
government, says that 5,435 military-style weapons, 4,433 handguns
and about 1 million assorted rounds of ammunition, valued at $6.95
million, reputedly entered Haiti from the United States in 2004 for
use by the Haitian national police. The US State Department contests
that report but admits giving 2600 used weapons to the Haitian
National Police. 84

The U.S. State Department plans to notify Congress' House
International Relations Committee in early May 2005 that it is moving
to approve the export of 3,000 .38-caliber revolvers, 500 9-mm
pistols, 500 12-gauge shotguns, 200 Mini-14 rifles and 100 M4
carbines to Haiti. 85

With the severe security problems in Haiti, arming the police would
seem to be a part of the solution, however, as COHA noted in their
May 2005 report, that is not actually true unless and until the
police are professionalized and brought under civilian control. 86

Disarmament will be very challenging as there is no single strategy
which will work for all the armed groups. COHA elaborates on the
conclusions of the small-arms survey:

It also suggests that "strategies to reduce armed violence and
permanently remove weapons from society will therefore require an
approach tailored to political, social, and economic dynamics of
specific communities, entailing a process of painstaking negotiation
with brokers, religious figures and politico-military leadership, as
well as the provision of differentiated incentives." Therefore, Haiti
needs a framework for embarking on sustainable and the meaningful
disarmament and demobilization of unauthorized weaponry. 87

Disarmament needs to be a real goal and the US should cease and
desist its de-stabilizing policy.



Outlook for Elections

"The worsening security situation in Haiti threatens to throw
forthcoming elections into chaos unless urgent action is taken to
curb the violence." Catholic Institute for International Relations,
London, May 9, 2005.

October 9 is earmarked for municipal elections, November 13 for
congressional and presidential elections, with a possible runoff in
December 18. 89

Prior to the elections, Haiti is trying to register all 4 million
people eligible to vote at 400 sites where they can be issued a
national identity card and a voter registration form. Security
problems and delays in beginning the voter registration program
threaten the ability to get all people registered to vote. 90

The UN said that lack of security, budget deficits in the electoral
process, the large numbers of parties and candidates and problems
with voter registration all put the electoral process in peril,
adding in understatement:

"Conducting credible elections for an estimated 4.25 million voters
in country where there is no infrastructure (roads and electricity)
and no existing voter list is a challenge." 91

The UN Security Council report underscored the importance of
elections but also cautioned not to expect elections alone to solve
Haiti's deep problems:

"While elections were seen as a first and essential step in the
process, they were not seen as the comprehensive solution to the
crisis. The process of stabilization and normalization in a number of
areas, being addressed in parallel, would need to continue for some
time." 92


The subject of elections is a complex one as the UN has noted,
because there are "some 90 registered political parties and a myriad
of civil society organizations." 93

Further, some of the leadership of Fanmi Lavalas, which has lately
been the largest political party,  has indicated they do not plan to
participate in the elections unless political prisoners are freed and
President Aristide is allowed to return to the country (those others
are planning on going forward and participating). 94

"Also of concern to the Commission are the threats that widespread
violence in the country pose to the elections scheduled to take place
in October and November of this year. A secure environment for
political debate, campaigning and voting is essential for free and
fair elections to take place. Urgent measures must therefore be taken
to suppress the violence and to ensure that arrangements for
elections proceed expeditiously, including completing the registry
process and facilitating other preparations by the Provisional
Electoral Council. In this connection, the Commission was pleased to
learn of the creation of a national identity card that will not only
permit Haitians to vote, but will also provide them with
identification for other pertinent purposes, thereby giving effect to
the right of all persons to an identity. Further, the Commission is
hopeful that the National Dialogue process, which commenced
approximately two weeks ago, will succeed in moving all Haitians,
including its various political groups, beyond confrontation and
toward reconciliation, which is essential to the future prosperity of
the country." 95



Addressing Poverty

"The mission was reminded of the enormous development challenges in
Haiti which, in fact, represent a situation worse in many aspects
than countries that have undergone years of conflict. The mission was
informed that, owing to the country's dire economic, social and
political plight, there was little hope that Haiti - where public
health indicators are the worst in the region, life expectancy is 50
years and infant mortality is 80 per 1,000 - would achieve any of the
UN Millenium Development Goals until 2015, unless a focused and
urgent international cooperation initiative were launched for that
purpose." 96

"The Commission has once again taken note that fundamental problems
such as extreme poverty, high illiteracy and malnutrition continue to
deprive Haitians of fundamental economic, social and cultural rights
and at the same time exacerbate the consequences resulting from
denials of basic civil and political rights. The Commission
recognizes that this presents a formidable challenge to the Haitian
State and urges the government, in cooperation with all sectors of
society and with the support of the international community, to
design and implement a plan for development that will address the
fundamental economic and social needs of each Haitian citizen." 97

When the OAS reported again in April of 2005, they noted:

"the Commission emphasizes that respect for the fundamental civil and
political rights of the Haitian people cannot be achieved fully
without corresponding efforts to address the severe social and
economic problems in the country, including poverty, lack of access
to adequate health care, unemployment and illiteracy. In this regard,
the information received by the Commission indicates that more than
80% of the populations in Haiti live below the poverty line and more
than two-thirds of the labor forces do not have formal jobs. The
conditions of health care are substandard and only 53% of the total
population are considered literate." 98


The UN Security Council agreed saying:

"While not minimizing past decisions and actions, most interlocutors
pointed to poverty and unemployment as the root causes of the
instability." 99



Questions for the United Nations

"UN police and soldiers, unable to speak the language of most
Haitians are overwhelmed by the firestorm [of violence]. Unable to
communicate with the police, they resort to heavy-handed incursions
into the poorest neighborhoods that force intermittent peace at the
expense of innocent residents."
University of Miami Human Rights Report, November 11-21, 2004. 100

The United Nations' Stabilization Mission in Haiti (MINUSTAH) has
been mandated by the UN Security Council to support the
constitutional and political process, governance and development and
assist in maintaining public safety and public order. MINUSTAH also
has a strong mandate to support the transitional government and
Haitian human rights institutions in promoting and respecting human
rights, to assist in the reform and institutional strengthening of
the judiciary and with disarmament programs.

In the only comprehensive human rights report evaluating the role of
MINUSTAH, Harvard Law Student Advocates for Human Rights and the
Centro de Justicia Global of Brazil, reported in March of 2005
concluded that MINUSTAH, in its eight months of operation, has made
little progress on any of its mandates. 101

MINUSTAH has not realistically even begun a disarmament process  -
"leaving large pockets of the country effectively ruled by illegal
groups with guns and other weapons. Large swaths of poor countryside
remain under the control of the former military, historically the
major force behind coup d'etats and among the foremost violators of
human rights." 102

Human rights have not been protected by MINUSTAH. Numerous violations
of abuses by the Haitian National Police (including everything from
arbitrary arrest and detention to disappearances, executions and mass
graves) have not been investigated. MINUSTAH has been accused of
providing cover for the HNP to commit atrocities in the poorest areas
of Port au Prince and even in engaging in human rights violations
directly. 103 In fact, as a result of working with MINUSTAH, the HNP
was "more aggressive in its neighborhood sweeps than before
MINUSTAH's arrival. Notably, before MINUSTAH's arrival, the HNP
refused to enter certain neighborhoods. Now, in contrast, the HNP
either conducts operations with UN troops at its back or begins
neighborhood sweeps confident that, should their officers need
backup, they need only summon MINUSTAH." 104

The report examines all phases of the MINUSTAH operation and
concludes that: "After eight months under MINUSTAH's watch, Haiti is
as insecure as ever." 105

In June of 2004, Amnesty International suggested eleven goals for
MINUSTAH in its tenure in Haiti: disarmament; rebuild the judiciary,
police and prison system; promote and protect human rights and end
impunity; investigate human rights complaints and protect those who
lodge complaints; promote the rule of law; cooperate with the Haitian
government and grassroots organizations; take special measures to
protect women and children from violence; recruit international
police to assist with the restructuring and retraining of the Haitian
police; adopt clear benchmarks for measuring human rights progress;
develop gender-sensitive poverty reduction and development
strategies; ensure that international peace-keeping troops adhere to
international human rights standards. 106

What grade would you give them on these eleven goals? They have
cooperated with the government. They have recruited international
police to work with the Haitian police.

The UN does note that their mission is hampered by an insufficient
number of MINUSTAH French-speaking personnel. 107

The UN gives itself rather good grades for its work, but the goals of
AI remain unaddressed.




Questions for the International Community

Amnesty International made three recommendations to the international
community in its report of June 2004:

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. 108

The April 2005 report of the OAS, titled "IACHR Calls for Greater
International Action in Haiti" concluded by observing:

"The Prime Minister informed the Commission that despite these
desperate conditions, only 10% of the approximately US $1.4 billion
pledged by donors in 2004 was actually disbursed. In this context,
the international community, including Member States of the OAS, with
the collaboration of the Haitian government, must make every effort
to ensure the funds and other resources pledged to Haiti are
delivered and distributed on an urgent basis. By releasing pledged
funds, the most immediate state functions such as education, health
care and employment creation, as well as security and the proper
functioning of the police and the courts, can be addressed. Haiti
must be provided with the capacity to ensure its stability and
prosperity in the longer term." 109

How well has the international community done?


Conclusion

"There can be no trust and reconciliation while human rights
violations continue." 110
UN Security Council April 2005 Mission Report

___________
List of Recent Human Rights Reports about Haiti:


U.S. Department of State Haiti Country Report, February 25, 2004.111

National Lawyers Guild Report of March 29-April 5, 2004.112

Amnesty International Report, "Haiti: Breaking the cycle of violence:
A last chance for Haiti," June 20, 2004. 113

Committee to Protect Journalists, "Taking Sides,"  July 26, 2004. 114

The Inter-American Commission on Human Rights in Haiti, September 7, 2004.115

Amnesty International Report of Haiti visit, released November 11, 2004.116

Thomas Griffin, "Haiti Human Rights Investigation November 11-21,
2004," University of Miami School of Law Center for the Study of
Human Rights. 117

Brian Concannon Jr., "Haitian Government Mounts Illegal Arrests of
Priest and Dissidents," Americas Program, November 17, 2004. 118

UNDP/Government of Haiti, "A Common Vision of Sustainable
Development", National Report on the Millennium Goals for Development
(2004). 119

Inter-American Commission on Human Rights of the OAS, 2004 Annual
Report, Paragraphs 101-149. 120

Harvard Clinical Advocacy Project and Centro de Justica Global
Brazil,  "Keeping the Peace in Haiti?: An Assessment of the United
Nations Stabilization Mission in Haiti Using Compliance with its
Prescribed Mandate as a Barometer for Success." March 2005. 121

Council on Hemispheric Affairs, "Imprisoned Without Charge: Yvon
Neptune and Haiti's Political Prisoners," March 14, 2005.122

Refugees International, "Haiti: UN Civilian Police Require Executive
Authority," March 14, 2005. 123

The Position of AUMOHD on the Socio-political Situation, Human
Rights, and the Next Electoral Contest in Haiti, March 28, 2005. 124


Amnesty International Briefing for UN Security Council, April 8, 2005. 125

Habitat International Coalition, "Fact-finding and Solidarity Mission
to Haiti," April 12, 2005. 126

Human Rights Watch, "Hundreds Killed Amid Rampant Impunity," April 14, 2005.127

Hastings Human Rights Project for Haiti, Inter-American Commission on
Human Rights Complaint on Behalf of Yvon Neptune,  April 20, 2005. 128

Organization of American States Report on Haiti, "IACHR Calls for
Greater International Action in Haiti," April 22, 2005. 129

Amnesty International, "Haiti: National Police must be held
accountable for killings of civilians," April 29, 2005 130

Council on Hemispheric Affairs, "Haiti: Few Reasons for Optimism,
Many Reasons for Despair," May 3, 2005. 131

"Report of the Security Council Mission to Haiti, 13 to 16 April
2005," S/2005/302 Released May 6, 2005. 132

"Haiti: election dates set as security deteriorates," Catholic
Institute for International Relations, (hereafter CIIR), May 9,
2005. 133


___________
Footnotes:

1 "Report of the Security Council Mission to Haiti, 13 to 16 April
2005," S/2005/302 Released May 6, 2005, paragraph 11.

2 UN Security Council Report on Haiti Mission April 2005, para 42.

3 Paul Farmer, THE USES OF HAITI 63 (second edition 2003).

4   Farmer, supra, at 90-105.

5 Farmer, 105.

6 See 1989 Haiti Report on website of Human Rights Watch, http://www.hrw.org

7 Human Rights Watch, Thirst for Justice: A decade of impunity, 1996 Report.

8 Human Rights Watch, Haiti Country Report 1995.

9 Human Rights Watch, Haiti Country Report 1996.

10 Human Rights Watch, Haiti Country Report 1997.

11 Human Rights Watch, Haiti Country Report 2002.

12 Voice of America, "Point of View: Haiti One Year Later," April 27,
2005. 2005  WLNR 6586858.

13 UN Security Council Resolution 1542, April 30, 2004.
http://www.un.org/News/Press/docs/2004/sc8083.doc.htm
[different link from original text  - d.e.]

14 Country Report, US State Department, February 2005.
http://www.state.gov/r/pa/ei/bgn/1982.htm

15 Amnesty International Report, June 20, 2004.

16 CDC, http://www.cdc.gov/nchstp/od/gap/countries/haiti.htm

17 Anoop Shah, "Haiti and Human Rights," Human Rights for All,
http://www.globalissues.org/HumanRights/Abuses/Haiti.asp (Last visited 4.25.05)

18 "UN Report: Haiti headed down the tubes," Washington Times,
November 18, 2004.
http://www.haiti-news.com/article.php3?id_article=3078

19 Report of Inter-American Commission on Human Rights in Haiti,
September 7, 2004.

20 "More than a year after a transitional government was put in place
in Haiti, following the ousting of former President Jean-Bertrand
Aristide by an armed rebellion, the human rights situation has
deteriorated gravely. Since September 2004, the violence has
escalated to worrying proportions and the number of victims according
to recent reports exceeds 600 despite the presence of a nearly 7,000
strong UN contingent mandated to secure the country and protect the
population. National Police officers have been reportedly involved in
several summary and unlawful killings that still remain unresolved
and whose perpetrators have not yet been held accountable." AI Press
Release, April 29, 2005.

21 OAS Haiti Report, April 22, 2005.

22 OAS Haiti Report, April 22, 2005.

23 OAS Report, April 22, 2004.

24 UN Security Council Report of April 2005 Visit, paragraph 14.

25 COHA Report, May 3, 2005.

26 AI report, June 20, 2004.

27 OAS Haiti report, April 22, 2005. The exact quote is:  "For
example, estimates of the total number of police in the country
remain between 3,000 and 5,000 for a total population of over 8
million, and the police force lacks sufficient essential equipment
such as vehicles and firearms."

28 UN Security Council Report on Haiti, April 2005, para 22.

29 COHA, May 2005 report.

30 UN Security Council Report on Haiti Mission April 2005, para 42.

31 AI report November 11, 2004.

32 AI USA April 29, 2005.

33 AI Report, June 2004.

34 UN Security Council April 2005 Haiti Mission Report, para 52.

35 Report of Inter-American Commission on Human Rights in Haiti,
September 7, 2004.

36 http://www.amnestyusa.org/countries/haiti/summary.do

37 Inter-American Commission on Human Rights of the OAS, 2004 Annual
Report, Paragraph .

38 UN Security Council Mission to Haiti April 2005 Report, para 44.

39 Reed Lindsay, "Haiti's 'huge step forward' pushed back; Court
quashes milestone massacre convictions; Ruling wipes out historic
human rights victory," Toronto Sun, May 14, 2005. 2005 WLNR 7620446

40 AI USA, " Haiti: Illegal and arbitrary arrests continue -- Human
rights hampered amid political violence" October 19, 2004.

41 University Miami Human Rights Report, page 18.

42 "Amnesty International is also surprised at the increasing number
of people who the National Police are holding without following legal
procedures. The fact that several of those arrested have been held
for long periods without charge therefore makes such arrests
unlawful." AI Report November 11, 2004.

43 "Peacekeepers patrol Haiti's capital after day of violence,"
Associated Press, December 3, 2004. 2004 WLNR 13043202.

44 Kathie Klarreich, "A Year after Aristide Ouster Haiti is
Remarkably Unchanged," Christian Science Monitor, February 28, 2005.
2005 WLNR 2995836.

45 OAS Haiti Report, April 22, 2005.

46 Edith M. Lederer, "US: Haiti Judicial System Needs Reform," May
14, 2005, GUARDIAN.

47 U. Miami Human Rights Report, pages 18-19.

48  OAS Haiti Report, April 22, 2005. "In this respect, the
Commission emphasizes the State's obligation to guarantee the right
of all persons within its jurisdiction to due process which includes
the right to know the charges against them and to be tried within a
reasonable time. The State also has an obligation to end impunity for
all human rights abuses through demonstrably fair and effective
procedures that conform to international standards. The Commission
therefore calls upon the government, in cooperation with the
international community, to take the urgent measures necessary to
have the legal status of all persons in detention judicially reviewed
and clarified as to guarantee their right to due process under
domestic and international law."

49 AI Report, June 2004.

50 UN Security Council April 2005 Haiti Mission Report, para 53.

51 Report of Inter-American Commission on Human Rights in Haiti,
September 7, 2004.

52  AI, November 2004, "Human rights defenders at risk: Renan
Hedouville and other members of CARLI, and lawyer Mario Joseph."

53  Joe Mozingo, "Citing Aristide ties, Haiti bars U.S. attorney from
entering country," Knight Ridder Newspapers, March 7, 2005.

54 OAS Haiti Report, April 22, 2005.

55 UN Security Council April 2005 Mission Report, para 48.

56 Report of Inter-American Commission on Human Rights in Haiti,
September 7, 2004.

57 Report of Inter-American Commission on Human Rights in Haiti,
September 7, 2004.

58  "Amnesty International has also received eyewitness accounts of
the gang rape of women by armed individuals. As well as suffering
physical and psychological abuse, the victims of such abuses have no
access to medical attention or legal advice." AI Report November 11,
2004.

59 UN Security Council April 2005 Mission Report, para 48.

60 Commission of Women Victims for Victims, statement on
International Women's Day, March 8, 2005.
http://www.ijdh.org/articles/article_recent_news_march-8.html

61 OAS Haiti Report, April 22, 2005.

62 "Haiti: UN Civilian Police Require Executive Authority," RI
Bulletin, March 14, 2005, Refugees International.

63 April 19, 2005, Haitian police made an illegal warrantless arrest
of Ginette Apollon, President of the National Commission of Women
Workers (CNFT), and Paul Loulou Chery, President of the Confederation
of Haitian Workers (CTH). They were arrested at the airport, as
Apollon was returning from a labor solidarity conference in
Venezuela. The police questioned them about their solidarity work for
several hours on Tuesday, and called them in for more questioning on
Wednesday and Friday. After Friday's interrogation, Apollon and Chery
were allowed to go pending police review of the interrogation notes.
The police confiscated their telephones and a laptop computer.
Apollon, who suffers from high blood pressure, needed to be
hospitalized during Tuesday's ordeal. See http://www.ijdh.org.

64 AI Report, June 2004.

65 OAS Haiti Report, April 22, 2005.

66 See Website of Committee to Protect Journalists,
http://www.cpj.org and look at cases reported in Haiti for 2004 and
2005.

67  AI Report, June 2004:  "Supporters of former President Aristide
have suffered abuses ranging from threats to kidnapping and
extrajudicial killings, especially in the poorer areas of
Port-au-Prince where the former President garnered most support. Many
of the victims were members of grassroots organizations who had been
victims of human rights violations during the 1991-1994 military
regime and who had been involved in actions seeking redress for these
crimes, and who had also become politically involved in support of
the Fanmi Lavalas regime."

68 AI Report, June 2004.

69  Report of Inter-American Commission on Human Rights in Haiti,
September 7, 2004.

70    AI report November 11, 2004:  "Lastly, Javier Zuniga warned the
interim government of the impending humanitarian crisis developing
in Cite Soleil in the absence of any state authorities. Cite Soleil
is under complete control of politically- and criminally- motivated
rival armed groups. The population of Cite Soleil reportedly has no
freedom of movement. The rights to health, food, education and
physical integrity of the inhabitants of this area of the capital are
violated on a daily basis as a result of the closure of the hospital
and schools and the difficulties in distributing food aid."

71 See, e.g. U Miami Human Rights Report on pages 2-12.

72 U Miami Report, page i.

73 See Petition for Yvon Neptune filed with the Inter-American
Commission on Human Rights,
http://ijdh.org/pdf/YvonNeptuneIACHRPetition_ENU.pdf

74 UN Security Council April 2005 Mission Report page 11.

75 Ben Terrall, "Democracy's Death: Haitian Dissidents Find
Themselves the Target of Massive Repression," IN THESE TIMES, May 12,
2005.

76 Human Rights Watch, Haiti Country Report 2005.

77 U Miami Report, page 3.

78 U Miami Report, page 10-11.

79 Bill Quigley, "Haitian Police Open Fire on Nonviolent March for
Democracy," February 28, 2005.

80 "Demonstrators killed in Haiti," Windsor Star, April 28, 2005.
2005 WLNR 6704283.

81 "Report of the Security Council Mission to Haiti April 2005," paragraph 14.

82 UN Security Council Mission to Haiti April 2005 Report, para 27.

83 OAS Haiti Report, April 22, 2005.

84 Reed Lindsay, "US gave guns to Haiti," Washington Times, April 24,
2005, 2005 WLNR 6428013.

85 Michael Weissenstein, "Officials: US Arms Haiti Police,"
Associated Press, Fort- Worth Star-Telegram, April 22, 2005. 2005
WLNR 6279667.

86 The shipment of U.S. arms could help the Haitian police provide
security and tame armed factions, but the island's underlying problem
is that the Haitian police possess almost no capacity for leadership.
Many police officers are using their authority to improve their
overall economic situation by taking bribes, some of them participate
in drug trafficking operations or even carry out contract killings.
Providing arms to such a dysfunctional body is not going to resolve
the problem of violence in the country but rather only worsen an
already debilitated situation. COHA, May 2005 report.

87 COHA May 3, 2005.

88 "Haiti: election dates set as security deteriorates," Catholic
Institute for International Relations, (hereafter CIIR), May 9, 2005.

89 "Haiti: election dates set as security deteriorates," CIIR, May 9,
2005. Carol Williams, "Aristide party factions take varied paths,"
March 9, 2005, Los Angeles Times.

90 COHA, May 3, 2005 report notes: "The OAS and the interim
government hope to eventually open more than 400 sites throughout the
country where Haitians can receive a form that will serve as a
fraud-resistant voter registration document and a new national
identification card. Reuters reported that, Charles Henry Baker, a
local businessman and a member of the broad-based opposition
coalition that includes business associations and civic groups,
asserted that "companies that bid for contracts with the electoral
council had all specified that the registration of the country's 4
million voters would require a minimum of six months. If the council
cannot find enough time to register people, it will have to postpone
the election."

91 Un Security Council Report on April 2005 Haiti visit, para 39.

92 Report of the Security Council Mission to Haiti April 2005, paragraph 12.

93 UN Security Council April 2005 Report, para 31.

94 Carol Williams, "Aristide party factions take varied paths," March
9, 2005, Los Angeles Times.

95 OAS Haiti Report, April 22, 2005.

96 UN Security Council April 2005 Haiti Mission Report, para 47.

97 Inter-American Human Rights report, September 7, 2004.

98 OAS Haiti Report, April 22, 2005.

99 Report of the Security Council Mission to Haiti, April 2005 paragraph 12.

100 Thomas Griffin, "Haiti Human Rights Investigation November 11-21,
2004," University of Miami School of Law Center for the Study of
Human Rights - hereafter U. Miami Report. At I.

101 Harvard Clinical Advocacy Project and Centro de Justica Global,
"Keeping the Peace in Haiti?: An Assessment of the United Nations
Stabilization Mission in Haiti Using Compliance with its Prescribed
Mandate as a Barometer for Success." March 2005. (Hereafter called
the Harvard Report).

102 Harvard Report, pages 1, 42 - 47.

103 Harvard Report, pages 1, 36 - 41.

104 Harvard Report, page 38.

105 Harvard report, page 1.

106 AI June 2004 Report, section titled "Recommendations to the
United Nations Stabilization Mission in Haiti (MINUSTAH)."

107 UN Security Council Report April 2005, paragraph 25.

108 AI Report, June 2004.

109 OAS Haiti Report, April 22, 2005.

110 UN Security Council April 2005 Mission Report, para 84.

111 http://www.state.gov/g/drl/rls/hrrpt/2003/27902.htm  (Last
visited 4.25.05).

112
http://www.nlg.org/programs/international/Haiti_delegation_report1.pdf
(last visited 4.25.05)

113  http://tinyurl.com/b5srt

114 http://www.cpj.org/Briefings/2004/haiti_7_04/haiti_7_04.html
(Last viewed 4.25.05).

115 http://www.haitipolicy.org/content/2612.htm

116  http://tinyurl.com/dbtvg

117 http://www.law.miami.edu/news/368.html  (Last visited 4.25.05)

118 http://www.americaspolicy.org/commentary/2004/0411haiti.html
(Last visited 4.25.05)

119 UNDP/Government of Haiti, "A Common Vision of Sustainable
Development",  National Report on the Millennium Goals for
Development (2004), available at http://www.ht.undp.org/OMD/.

120 http://tinyurl.com/8wro9

121 http://tinyurl.com/79yfk [pdf file]

122  http://tinyurl.com/7epmw
(Last viewed 4.25.05)

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