ANNUAL REPORT OF THE IACHR 2006

HAITI

I.              Introduction

86.              The Inter-American Commission on Human Rights (IACHR or “the Commission”) has decided to include in the present Chapter consideration dealing with the Republic of Haiti, a member state of the OAS whose human rights practices merit special attention because it can be said to be in a situation covered by the fifth criteria provided for in the Annual Report of the IACHR for 1997 and mentioned above, i.e. a

Temporary or structural situation that may appear in member states confronted, for various reasons, with situations that seriously affect the enjoyment of fundamental rights enshrined in the American Convention or the American Declaration. The criterion includes, for example: grave situations of violations that prevent the proper application of the rule of law; serious institutional crises; processes of institutional change which have negative consequences for human rights; or grave omissions in the adoption of the provisions necessary for the effective exercise of fundamental rights.

87.              The Commission has prepared this section of Chapter IV of its Annual Report in accordance with Article 57.1.h of its Rules of Procedure and has based its analysis on information obtained during the visit described below as well as on other reliable publicly available sources.  On 26 January 2007, the IACHR transmitted to the State a copy of a draft of the present section of Chapter IV of its Annual Report for 2006, in accordance with the aforementioned Article, and asked the Government of the Republic of Haiti to submit its observations on the section within thirty days.  The State has not submitted observations within that time limit.

88.              The year 2006 marked the year that Haiti made a formal transition from a 2-year interim transitional government under former president Boniface Alexandre to a democratically elected government under now President Rene Preval, and which was inaugurated in March 2006, following largely peaceful presidential and legislative elections in on February 7, 2006. This period is preceded by the turbulent events that took place at the end of February 2004, leading to the departure of former President Jean-Bertrand Aristide, the installation of a transitional government in March 2004, and the arrival of the United Nations Mission, United Nations Stabilization Mission in Haiti (MINUSTAH), in June 2004. Further, the transitional period was also characterized by increased insecurity and violence by armed gangs, the lack of effective control of certain sectors of the capital by the Haitian police and international forces, the lack of adequate institutional resources and capacity to function adequately, especially, endemic weaknesses in the administration of justice. While emphasis was placed on the successful organization of presidential elections, which were effectively held on February 7, 2006 in Haiti and which were reported to be credible, the insecurity and many of the other institutional weaknesses were not adequately addressed. Consequently, the issues of fundamental human rights protection, strengthening the rule of law and the need for economic and social development identified in previous annual reports of the Inter-American Commission remained key challenges yet to be seriously tackled by the state.[104] The Commission’s activities in Haiti in 2006 were necessarily influenced by these developments and involved the close monitoring of the human rights situation during Haiti’s emergence from its transitional period, with particular emphasis on the State’s ability to secure the lives of its constituents, the disarmament process, and efforts to design and implement much needed institutional reforms in all sectors, especially in the area of the administration of justice. This included the publication of a thematic report on the administration of justice, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, released in March 2006, as well as visits by the Commission to Haiti in May and December 2006 in order to continue to evaluate the current situation of human rights and to conduct a follow up evaluation of the administration of justice in Haiti. Further, the Commission held several hearings on Haiti during its 124^th and 126^th Regular Period of Sessions where advocates and representatives of the state shared information about the current conditions and developments in the country.

89.              Based upon its activities relating to Haiti during the year, the Commission continues to have grave concerns regarding numerous areas in which the basic rights of the Haitian people lack protection and guarantees. The Commission continues to be seriously preoccupied by the persistent degree of violence in Port-au-Prince, that which has claimed hundreds of lives and victims of kidnappings due to the marked deterioration in the security situation in Haiti. The Commission is alarmed with the persistence of such conditions without adequate and effective strategy and measures to control and prevent these acts of violence and the volatile situation of armed gang confrontations and intimidation of civilians without an immediate and effective state response risks taking firm hold in Haiti and crippling the nation from undergoing crucial social and economic development. The Commission notes that, while the level of violence diminished during the electoral period, and a new National Commission on Disarmament was created, since mid 2006, Haiti has witnessed a re-escalation of violence arising from conflicts between rival armed groups or with law enforcement, as well as increase in organized crime resulting in an acute rise in murder and kidnapping cases, and the incapacity of the state to effectively prosecute and punish criminals.[105]  The Commission recognizes the serious challenges to regaining control of the security situation, reforming the justice system and reinforcing the rule of law, therefore, the Commission urges the government with the assistance of the international community to take the urgent measures necessary, consistent with international human rights principles and standards, to assert control over security in Haiti and ensure justice for victims of human rights abuses. With the implementation of such measures, Haiti can begin to implement its much needed institutional reforms and long term plans for social and economic development.

Summary of Key Events in Haiti during 2006

90.              As a context for its discussion of the human rights situation in Haiti during 2006, the Commission will provide a brief overview of the major events during the year.

91.              The year 2006, was notable in that on February 7, 2006, Haiti held a successful presidential and legislative election, despite numerous delays and technical difficulties during the electoral period, the February 7^th election was considered credible, fair and peaceful by Haitian and international electoral observers. The government of president, Mr. Rene Preval, follows Haiti’s interim government under the stewardship of former president Mr. Boniface Alexandre and marks a new beginning for Haiti. Preval’s government took over from a two-year term interim government, which at its conclusion continued to face significant challenges to ensuring security and protecting the basic rights of Haitians. While presidential elections were successfully organized early this year, much of the observed conditions in Haiti, as noted in past annual reports of the Commission[106] remained unaddressed, leading to increasingly precarious living conditions of Haitians unable to seek effective protection from the state due to the serious inadequacy of public services in nearly all the sectors. In this connection, in 2006, the President declared his public commitment to addressing social and economic conditions of the people through development programs, tackling insecurity and embarking on a number of institutional reforms.

92.              Overall, the security and human rights situation in 2006, deteriorated considerably, largely due to the proliferation of armed gangs and the consolidation of organized criminal activities which continued to exert exclusive control over parts of the city and the inability of the police force to respond effectively and adequately to this growing phenomenon. Further, the national police remained weak, understaffed, under resourced and a significant percentage of its members suspected to be corrupt[107]. This year witnessed more systematic acts of kidnapping, increasingly abusive tactics employed by perpetrators, the use of children by armed groups, the physical and sexual exploitation of women in criminal activities and the lack of an adequate response by the police and judiciary to bring perpetrators to justice. At the same time, access to medical facilities to treat wounded victims of violence remained severely inadequate, increasing the risk of loss of life.

93.              Efforts to organize presidential elections proved difficult but successful on February 7, 2006. Plans were hampered by numerous delays and logistical challenges, which led the original date of October 9^th, 2005 to be postponed to November 2005 and finally February of this year. Despite the technical difficulties during the regsistration process  and numerous acts of intimidation received by the Provisional Electoral Council (PEC), approximately 3 million of an estimated 4 million, while 800 polling centers containing 9000 polling stations were set up.[108] According to Haitian and international observers the process was largely free from serious irregularities, declared credible and was generally accepted by the political parties.

94.              Since President Preval’s inauguration, the events at the domestic political level in Haiti were characterized by President Preval’s public commitment to address key issues of concern, namely security, social and economic conditions and the justice sector, while the international community expressed support for these plans by making pledges of aid for various programs from rebuilding the physical infrastructure of the country, to support in the areas of education, health, development projects, environmental protection and agricultural productivity, as well as institutional reform.  At the same time, the President, having acknowledged and expressed concern for the conditions of extreme poverty of Haitians, has equally emphasized the importance of long-term support from the international community by calling for investment in Haiti’s national economy and development projects. Specifically, the President nominated Jacques Edouard Alexis as Prime Minister and appointed his Cabinet of Ministers and other key posts, such as a new Secretary of State for Public Security, the Director General of the Haitian National Police, and created the new post of Secretary of State for Judicial Reform. The government further established the National Commission on Disarmament to implement a national disarmament plan targeting non-state actors to voluntarily relinquish their weapons in exchange for money and job training. The government largely set out to establish its five-year national policy plan in the various sectors, especially administration of justice, security and social and economic development, while the Ministry of Justice and Ministry of Women’s Condition and the Rights of Women both presented draft laws for consideration at the National assembly and are both undertaking reform plans in their respective areas.

95.              Over the past year, developments at the national level have also been accompanied by the presence of the United Nations Stabilization Mission in Haiti (MINUSTAH), which was initially authorized for six months beginning on June 1, 2004, and has since been extended on several occasions, including most recently on August 15, 2006 with an extension to February 15, 2007.[109] Recent resolutions, following the February election, significantly amended the mandate by calling on authorities to urgently undertake steps towards reform in the area of the rule of law and the protection of human rights, including enhancing the capacity of the Haitian National Police and rapidly implementing a national disarmament program that adopts a comprehensive community violence reduction approach.[110] As of September 30, 2006, MINUSTAH forces were comprised of a total of 8,342 uniformed personnel, including 6,642 troops and 1,700 police officers.[111] Since the beginning of the mission, a total of 18 fatalities of UN personnel have been recorded through September 2006, and two Jordanian peacekeepers were reported dead following an attack by armed gunmen in November of 2006.[112] According to public activity reports, MINUSTAH has engaged in a variety of initiatives to implement its mandate. In addition, visits to the country to assess the situation of peace and security were conducted by Mr. Kofi Annan, Secretary General of the United Nations, Ms. Louise Arbour, United Nations High Commissioner for Human Rights in October[113], and the Independent Expert on Haiti, Mr. Louis Joinet, presented his report on the situation in Haiti to the United Nations Secretary General.[114]

96.              In July, Haiti was readmitted into the Caribbean Community (CARICOM), of which it was previously a member, after CARICOM condemned the circumstances which led to the departure of former President Aristide in February 2004 and subsequently decided not to allow the transitional government to participate in its Councils. Accordingly, in October 18, 2006 CARICOM members met for the first time since Haiti’s re-entry into the organization in Port-au-Prince, to discuss ways to lend support to the Preval government.

97.              For its part, the General Assembly of the Organization of American States (OAS) adopted Resolution AG.RES.2215 (XXXVI)-O/06,[115] during its thirty-sixth regular session convened from June 4 to 6, 2005 in Santo Domingo, Dominican Republic. Therein, the General Assembly noted concerns regarding the situation of the Haitian judiciary and penitentiary systems, including prolonged pretrial detention and the need to strengthen due process and the challenges faced by the Haitian National Police. The General Assembly also urged collaboration and support of the international community, especially in the area of coordinating technical and financial support for the Government of Haiti to achieve sustainable development and specifically with regard to the professionalization of the Haitian National Police.

98.              Numerous initiatives throughout the year have been undertaken by the organs and institutions of the OAS to implement the terms of General Assembly’s Resolution. Over the course of the year, Mr. Ramdin made a number of visits to Haiti and issued statements reiterating the support of the OAS to the process of strengthening democratic institutions and announced OAS plans to coordinate and mobilize resources and efforts from the other inter-American bodies to fulfill its objectives.[116]

99.              Following an initial international donor’s conference in Washington, D.C. in July 2004 where over US $1 billion was pledged to Haiti, several follow up donors meetings were held, and most recently on November 29-30 in Spain. According to the World Bank, Haiti was admitted into the World Bank’s Highly Indebted Countries Program (HPIC) in November, and had US $140.3 million of its national debt forgiven. According to the agreement, Haiti will receive interim debt relief from certain creditors, but in order to qualify for irrevocable debt relief at the completion point, Haiti is expected to implement a broad set of reforms including poverty reduction strategies and structural adjustment reforms.[117]

100.          In conclusion, over the past year, Haiti emerged slowly from the two-year transitional period, marked by the significant challenge for the government to effectively regain order and stability across the country, while lacking sufficient resources to adequately meet the duty to guarantee security, and thus affecting the progress in other areas such as economic development and rebuilding the national infrastructure. The security situation remains dire and although measures to suppress violence and disarm illegal armed groups and gangs have begun, these efforts need to be maintained and enhanced with the critical assistance of the international community to ensure effective security in the country. In addition, the Haitian government should seriously consider taking steps to bring all sectors of Haitian society together to foster dialogue and consensus to better achieve sustainable peace for the future. The ushering in of a newly elected government, and the support expressed from the international community to assist Haiti through this difficult transition to stability, presents an special opportunity for change and progress in the country. Against this backdrop, the Commission will provide an update on the overall situation of human rights in Haiti, which was first described in last year’s annual report.[118]

Commission’s Activities Concerning Haiti in 2006

101.          During Haiti’s first year under President Preval’s administration, the Commission continued to express its serious preoccupation regarding certain aspects of the human rights situation.  This included the recent but growing trend of kidnappings by armed gangs, in some instances implicating members of the Haitian National Police, the persistent degree of armed violence between groups and the HNP, the lack of an effective investigation, prosecution and punishment of perpetrators of violent crimes or human rights abuses in accordance with due process standards, threats and intimidation against human rights defenders, and the arbitrary and prolonged pretrial detention of individuals closely associated with the former Lavalas regime. 

102.          The Commission issued press release 06/06 on March 16, 2006 publicly announcing the publication of the Commission’s study on the administration of justice in Haiti and indicating its key findings. The report concluded that the justice system in Haiti was gravely deficient in nearly all respects and systematically has failed to protect the fundamental human rights of the Haitian people. The report also emphasized that efforts to address Haiti’s present and serious political, economic and social problems will not succeed without urgent reforms to strengthen the administration of justice and the rule of law in Haiti, and will require ongoing, coordinated and sustained support from OAS Member States and other members of the international community.

103.          In May 2006, the Commission was invited to make a two-day presentation on the IACHR system for a group of approximately forty NGOs, journalists, and members of the Haitian National Police in Haiti in order to promote greater understanding of the regional and universal human rights protection mechanisms.

104.          The Commission considered the situation during its 124^th and 126^th  Regular Period of Sessions in February and October 2006, respectively. At the conclusion of both sessions, the Commission issued press releases on the elections and the general situation in the country.[119]

105.          The Commission conducted a fact-finding visit from December 11-15, 2006 at the invitation of the Preval government of Haiti and with the financial support of the Government of France.  The Commission delegation was composed of members of the Executive Secretariat. In the course of its visit, the Commission endeavored to obtain information on the status of human rights protections in Haiti generally, and the situation of women in Haiti. To this end the Commission met with representatives of the Ministry of Justice and Ministry of Women’s Condition and members of civil society as well as international organizations.  During its visit, the Commission conducted an outreach session on the inter-American human rights system with members of the Ministry of Women’s Condition and women’s rights groups.

106.          Based upon its visits and other activities relating to Haiti during 2005 and 2006, the Commission has identified key areas of fundamental concern and that directly impact the degree of protection of the basic rights of Haitians, which are discussed below.  It is important to note that many of these problems are long-standing and deep seated, stemming from institutional weaknesses that require immediate and serious review and reform in order to diminish the number and nature of gross human rights violations occurring on a daily basis in the country. Further, these areas have been the subject of the Commission’s study and monitoring over the past several years and have equally been the subject of discussion in previous Commission Annual Reports and press releases.[120]

Commission’s Observations on the Situation of Human Rights in Haiti during 2006

107.          During the previous year, the Commission issued a number of statements expressing preoccupation with the serious human rights problems, and stressed the importance and necessity of the government, the people of Haiti and the international community to enhance cooperation and coordination of their efforts to fully guarantee the security of civilians.[121]  Since that time, while the Commission welcomes the positive developments in the country, including the successful presidential election in February of this year, the inauguration of a constitutional government, the elaboration of reform plans and the establishment of the National Commission on Disarmament, the Commission continues to be gravely concerned by the lack of effective control over the security situation in the country, and the direct impact this has had on the protection of the right to life and physical integrity of all Haitians, especially women and children, who constitute a significant percentage of the victims of violence. The acts of violence by armed gangs, confrontations by armed groups and security forces have largely become a daily occurrence during 2006, characterized by significant numbers of deaths and wounded, victims of kidnappings, murder, acts of torture or cruel and unusual punishment, and rape. As a result, there has been a notable increase of persons fleeing volatile pockets of the city where armed gangs wield great influence and power and where residents’ safety is constantly at risk, many schools delayed opening at the start of the academic year while local businesses have been affected, forced to relocate, or close operations.

108.          In light of the current situation in the country, President Preval has made a public commitment to prioritizing social and economic development, with emphasis on the education, health, and agricultural sectors as well as developing programs to eradicate poverty and building up the infrastructure of the country. In support of these initiatives and the President’s plea for long-term development assistance, the international community has responded favorably with public statements of support from several countries.[122] Implementation of some such objectives included the launching of a program in September for urban rehabilitation reportedly having created five thousand jobs for Haitians. Further, Prime Minister Alexis has encouraged the private sector to engage in cooperation agreements with the government to carry out social development projects for the country.

109.          The Commission reiterates the importance of immediately addressing the several key areas identified during its visits to the country in 2005 and in its report on the administration of justice published in March 2006[123]. In particular, securing a lasting peace in Haiti requires the state, in cooperation with the Haitian population and with support from the international community, to take decisive steps to effectively disarm all those in possession of illegal weapons, engage in constructive and conciliatory dialogue among the sectors to promote social and political consensus, take firm steps to end impunity for human rights abuses and crimes and to support the national economy in order to provide greater employment options and self-sustainability for Haitians. Over the many years that the Commission has monitored the developments in Haiti, the Commission has observed the uniquely complex and challenging nature of the human rights situation in the country characterized by repeated periods of political crisis and some of the hemisphere’s most worrisome social and economic conditions, that which has caused extreme deficiencies in its state institutions and which have consequently failed to effectively tackle the longstanding problems in the areas of social, economic, civil and political rights. Consequently, such matters, which continue to prevent the country from making significant progress in its development, can not be fully resolved with short-term solutions, but will require long-term institutional reforms and sustained international assistance to address a number of central problems identified in this chapter and noted in the Commission’s previous statements and reports on the situation in Haiti.

Security and Disarmament

110.          Among the Commission’s principal concerns since 2004 through 2006 has been the security situation in Haiti.  According to the information received by the Commission in 2006, the lack of effective security for the population throughout much of Haiti remains an urgent problem. Since the rebellion in February 2004, the majority of police officers abandoned their posts, leaving the government with the task of recruiting, training and deploying new officers. Due to the weak presence of the police in the country, and the seriously under-resourced force, illegal armed groups continue to exert control over security in many parts of Haiti, and it has been reported that in some instances these groups have operated in cooperation with, or in the place of, the national police.

111.          The situation of violence has markedly deteriorated since the month of June, and despite slight periods of improvement, statistics show the problem to be alarming and clearly the most worrisome in the region. Although the figures on the victims of violence vary, reports by MINUSTAH indicate 50 cases of kidnapping and more than 90 people killed during July 2006 in Port-au-Prince, while for the month of August there were 80 recorded kidnappings and 70 killings in Port-au-Prince.[124] Meanwhile, the Haitian human rights group, the Justice and Peace Episcopal Commission recorded 228 people dead between the months of June to September 2006, including 11 HNP officers, 2 security guards, 19 women and six children.[125] One of the areas of the capital most severely hit has been Martissant, where during the months of July to September, a total of 72 persons have reportedly been killed in violent confrontations.[126] On July 7, 2006, the population, national and international human rights groups expressed outrage and alarm when more than twenty people were killed in Grand Ravine and numerous houses burned and destroyed by rival armed gangs, causing many residents to seek refuge in a nearby church.[127] With multiple kidnappings and assaults reported daily of Haitians from all classes and age groups, Port-au-Prince figures on kidnappings have surpassed those of other countries in the hemisphere, namely Colombia.[128] Ransom demands range from a couple hundred to several thousands of United States dollars, although in many cases the captors will agree to a lesser amount than the original demand. Meanwhile, foreigners have not been spared from the violence, during last year, 43 Americans were reportedly kidnapped in Haiti, including three who were killed in attempted abductions.[129] Further, the acts of violence have claimed the lives of several children causing the United Nations Special Representative of the Secretary General in Haiti, Mr. Edmond Mulet, to express his indignation towards the violence being committed against children and their families, especially in the area of Grand Ravine where in July several women and children were victims of a deadly shoot out between rival gangs. Mr. Mulet asked for the violence against children to cease and that the physical integrity of women and children to be respected.[130]

112.          The areas most affected by the violence are typically those areas where there is limited to no police presence and therefore these areas have become the strongholds of armed gangs who govern the streets and activities of the residents. The number of these areas, commonly refered to as, zone de non-droit[131] have increased during 2006. Inhabitants indicate that most parts of downtown Port-au-Prince continue remain no-go zones due to the volatility of these areas. These areas are also largely inhabited by those individuals with one of the lowest standards of living, and no means of obtaining better shelter than the make-shift dwellings they inhabit, such as in the sprawling slum-neighborhood of Cite Soleil. This constitutes an already severely vulnerable category of the population which systematically experiences multiple violations based on its exposure to the violence and its lack of access to basic services (medical treatment, legal services) following acts of abuse. As a consequence, the security of the population in many of these areas has not been effectively guaranteed by the State, forcing residents to relocate where possible in order to maintain their safety.

113.          The need for an effective arms control policy, including disarmament can not be underestimated after noting the climbing figures of victims of armed violence since 2004 to the present. To further illustrate the situation, a survey conducted in 2005 on small arms and disarmament in Haiti found that there are an estimated 170,000 small arms (largely pistols and revolvers) in circulation in Haiti, and an additional unknown number of assault rifles.[132] It further expressed concern over the lack of a regulatory framework or national registry for domestic possession of weapons and stressed the need to develop a broadly targeted program to encompass all those in possession of illegal weapons. Thus, the Commission welcomes the creation of the National Commission for Disarmament, Demobilization and Reintegration, as one step in a longer process of effective arms control. According to reports, the program will place special emphasis on targeting children who are often the primary victims of the armed groups. At the same time, those who are suspected to have been implicated in killings, human rights abuses or other serious crimes will not be eligible to participate in the disarmament program and should expect to face justice for their actions.[133]  Since the official launching of the program, the UN reports that roughly 109 Haitians are said to have been enrolled in the program and dozens of weapons collected.[134]  Despite the slow start to the process, the Commission is encouraged by the creation of the NCDDR and hopes that a comprehensive and systematic strategy will be implemented rapidly in respect of all armed groups, including the former military and gangs.

114.          Another essential aspect to guaranteeing security is the need to reinforce the Haitian National Police force, which remains weak, under-resourced, ill-equipped and minimally trained, as noted in the Commission’s report on the administration of justice released in March 2006.[135] Recent figures indicate that the force stands between 5,500 and 6,000 police officers, while the national population is estimated at 8 million inhabitants.[136] Accordingly, police presence across the country is severely limited, leaving the security of residents in their own hands or in some cases reliant upon the armed gangs that wield power in certain parts of the city and country. At the same time, the police have exhibited efforts to fight crime by conducting more operations in the city and in some cases have successfully liberated victims of kidnappings and made arrests of suspected criminals. The HNP has also developed a new anti-kidnapping unit composed of HNP and UN officers, which has lead to 30 arrests of kidnapping suspects in the month of September and 40 in October. Meanwhile, an extra challenge that the HNP is expected to overcome is the current reputation of the force that has become tarnished by reports of corruption and members of the force suspected to be involved in criminal activities. In particular, the Director General of the HNP, Mario Andresol declared that some 25% of the force is suspected to be corrupt.[137]  Such involvement in criminal activity on the part of police officers seriously damages the integrity and credibility of the police as an institution and prevents it from fulfilling its mandated role of law enforcement. In response to these perceived problems, the government has taken steps towards designing a reform plan for the police force, which includes the implementation of a vetting procedure to rid it of members involved in corrupt or criminal activities.

115.          Finally, the Commission acknowledges that the United Nations Stablization Mission in Haiti has undertaken efforts to improve the situation by stressing a community based approach to the disarmament process and by placing greater emphasis in its revised mandate on institution strengthening and reform, especially in the area of the administration of justice. In effect, MINUSTAH peacekeepers have a robust presence in the country and a portion of resources is allocated for the disarmament process and strengthening of the police through technical assistance, and the design of appropriate security and reform plans for implementation. At the same time, continued reports of abuse of force and wounded civilians arising out of MINUSTAH security operations has caused increased animosity by the population and some members of parliament towards the presence of the mission. In response to alleged acts of abuse of force by soldiers, the Commission recommends that the duty to provide public security should be coupled with the duty to protect the life and physical integrity of persons at all times.