Haiti

Haiti

Case Studies

Overview Plan for Restoration of the Prison Civile de Port-au-Prince Haitian Prison Authority 1/27/2010* (Updated information 6/28/2012)

The purpose in January 2010 was to describe post-earthquake conditions at the Prison Civile de Port-au-Prince (PC), which was housing 4,367 prisoners at the time of a severe earthquake.  Prisoners rioted and breached the secure perimeter, escaping into the city at a time of crisis and disorder.  The facilities at the prison were so damaged that inmates could not be housed there until reconstruction occurred.  The central housing unit has been restored, and now houses 700 Haitian prisoners.  Humanitarian conditions are improved since the earthquake, but there are concerns for the sustainability of the changes.

case study

Videos

Police Corruption

Police corruption is a universal challenge in peacebuilding.  It wastes resources, undermines security and justice, slows economic development, and alienates citizens from their governments.  Some experts argue that efforts to curb police corruption are hopeless, or at best secondary.  Others maintain that attacking oppressive, unfair abuses is where reform efforts must start.  On November 16, 2011, USIP hosted a panel of distinguished experts who discussed the root causes of and potential remedies for police corruption.  This public event introduced a new USIP Special Report entitled “Police Corruption: What Past Scandals Teach about Current Challenges."

For more details about the event, kindly follow the link.

video

Policy and Research Papers

Report on Judicial Systems in the Americas 2006-2007. Background information on the Haiti judicial system

This chapter provides background information on the Haiti judicial system. It is based on the Introduction to the Caribbean Community contained in this report; the Report on Judicial Systems in the Americas 2004-2005; the report “Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community” (2006), Inter-American Commission on Human Rights; Country Reports on Human Rights Practices, 2005, published by the U.S. Bureau of Democracy, Human Rights and Labor; the World Bank report “Doing Business” (2006); and data gathered via Internet.

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Réforme Carcérale & Droits des personnes incarcérées

Le présent document est le résultat d’une étude réalisée à la prison civile de Pétion-Ville, la seule prison du pays à être strictement réservée aux femmes et aux filles en conflit avec la Loi. Cette étude, menée au cours de la période allant de février à mai 2009, répond à une nécessité de prise en charge effective des personnes incarcérées dans la mesure où les conditions de détention sont, en Haïti, inhumaines et dégradantes. Elle reflète, sur une échelle moindre, la réalité de la vie carcérale haïtienne. Le document qui en découle se veut un instrument de sensibilisation en vue de porter les responsables de l’Etat à adresser, de manière objective, les différents problèmes structurels de l’administration pénitentiaire car jusque-là, les différentes mesures prises par les autorités pour convertir l’administration pénitentiaire en une structure civile et de séparer les hommes des femmes ne se sont pas avérées suffisantes pour déboucher sur une réforme effective du système carcéral haïtien, objet de grandes préoccupations.

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Haitian National Police Reform Plan

The Reform Plan for the HNP builds on earlier work to provide a comprehensive strategic management plan for the reform and development of the HNP while responding to the requests from the Security Council, including: the anticipated size of the HNP; the standards of quality which HNP officers are to meet; an implementation timetable; and specification of the resources required for its implementation.

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Haiti: Justice Reform and the Security Crisis

The dysfunctional state of Haiti’s justice system has impeded implementation of democratic reforms since the collapse of the Duvalier dictatorship. In spite of robust international efforts for six years following Aristide’s 1994 restoration, little lasting progress has been made, and there has even been regression in some areas. The lack of political will of successive Haitian governments has been the major factor but donor approaches have also suffered from flawed methodology.

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Haiti: Overview of police reform efforts; the effectiveness of the police; existence of a police complaints authority and recourse available to ind...

The Haitian National Police (Police nationale d'Haiti, PNH) is the sole domestic security force in Haiti (AFP 28 Jan. 2010; National Post 10 Jan. 2009). It was created in June 1995 to replace the former Haitian army . According to the PNH's website, the police force is divided into three central directorates, which respectively deal with public security, crime prevention and administration. This organizational structure is repeated in the ten regional directorates responsible for order and public security in each of the country's regional administrative departments.

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Rule of Law Technical Assistance in Haiti. Lessons Learned

Strengthening the rule of law in Haiti poses a major challenge to both the Haitian Government and several donors. For the Government the challenge is to ensure that the opportunity presented by the return to constitutional order in 1994 is used to construct new and reformed rule-of-law institutions against a background of decades of repression and systematic human rights violations. For donors, the challenge since 1994 has been how to advance a reform process in a political environment not conducive to change and characterized by protracted political crisis and paralysis.

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Haiti. Stabilisation and Reconstruction after the Quake

The earthquake that hit Haiti was the deadliest natural disaster ever in the Western Hemisphere. It caused enormous human suffering and physical destruction, the extent and impact of which were multiplied by the country’s longstanding structural problems, such as pervasive poverty, urban overcrowding, unplanned urbanisation and environmental degradation. A long history of corrupt and inefficient governments, centralised political power, extremely inequitable income distribution and by no means always benign foreign interventions has been immensely compounded by the natural disaster. The consequences threaten to undermine the slight progress toward stability and development that had been made since President René Préval took office in 2006.

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Building the Rule of Law in Haiti: New Laws for a New Era

USIP has been working with lawmakers and other reform constituencies in Haiti as they strive to reform Haiti’s criminal laws that date back to the early 19th century. In March
2009, USIP commissioned two reports that were written by Louis Aucoin, a professor at the Fletcher School at Tufts University, and Hans Joerg Albrecht, the director of the Max Planck Institute of Foreign and International Criminal Law. At the request of Haitian lawmakers, USIP has also provided copies of the Model Codes for Post-Conflict Criminal Justice, a law reform tool developed by USIP’s Rule of Law Program to assist in the drafting of new laws.

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CIGI SSR Monitor. Haiti NO. 1

When the new constitution came into effect in 1987, the Haitian security and justice sector was weak and fractured. The army was intent on playing an internal policing role, the judicial system was corrupt and ineffective, and the local and national governance institutions were incapable of asserting democratic civilian control of the sector.

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CIGI SSr Monitor. Haiti No. 2

This edition a CIGI SSR Monitor dedicates particular attention to issues related to penal reform and the overarching issue of corruption in the security sector.

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CIGI SSR Monitor. Haiti No. 3

This issue of the CIGI Security Sector Reform Monitor: Haiti analyses the programming shift undertaken by MINUSTAH and some donors from a traditional DDR to
a violence reduction approach, underlining the problems of coordination and knowledge sharing that emerged.

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CIGI SSR Monitor. Haiti No. 4

This edition of the Security Sector Reform Monitor: Haiti, written before the January 12, 2010 earthquake, examines issues surrounding the renewal of the UN mission, the
recommendations on the security apparatus put forth by the two presidential commissions and existing security threats. While some priorities of the SSR process will
change dramatically in the wake of the earthquake—with a significant portion of the security infrastructure devastated and the police thrust into the role of relief facilitators—
many of the existing challenges will remain the same, only amplified.

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MINUSTAH: DDR and Police, Judicial and Correctional Reform in Haiti. Recommendations for change

This paper sets out five recommendations for change of United Nations Stabilisation Mission in Haiti’s (MINUSTAH) mandate on 15 August 2006. In addition it sets out
recommendations for disarmament, demobilisation, and reintegration (DDR), and police, judicial and correctional reform that can be realised under the current mandate. These recommendations reflect the current situation in Haiti and are based on an analysis of what is feasible and can be realistically implemented given the existing circumstances. The paper highlights changes that are necessary in the immediate future to enhance DDR, police, judicial and correctional reform so as to ensure human security, local ownership, security and stability in Haiti. DDR and rule of law are critical to ensure sustainable peace, therefore these must receive a strengthened and renewed focus from MINUSTAH and the new Haitian government. The international community and the Haitian government should take advantage of the current window of opportunity to promote sustainable reform and reduction of violence in the Haitian context.

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Plan d’action pour le relèvement et le développement d’Haiti. Les grands chantiers pour l’avenir

Le Plan d’action pour le Relèvement et le Développement d’Haïti que nous présentons à nos partenaires de la communauté internationale constitue l’expression des besoins à satisfaire pour que le séisme, qui a si cruellement frappé notre pays, devienne une fenêtre d’opportunité pour, selon l’expression du Chef de l’État, une refondation d’Haïti économique, sociale et sécuritaire.

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Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community

The report provides a detailed analysis of three key aspects of administration of justice in the country: law enforcement and the Haitian National Police; the judiciary; and the system of detention facilities and prisons. As part of this analysis, the Commission addresses the particular problem of impunity and lack of public confidence in the justice system as well as the involvement of the international community in Haiti.

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Observations of the Inter-American Commission on Human rights Upon conclusion of Its April 2007 Visit to Haiti

The objectives of the visit included receiving information on the present situation of human rights in Haiti, particularly in light of the first year in office of the Preval government; to conduct follow-up observations and discussions with Haitian authorities on the situation of the administration of justice; to specifically assess the situation of women and children, namely collect information on the forms of discrimination and violence against this group and the state response; and to engage in additional promotional activities on the Inter-American system of human rights.

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Audit of USAID Haiti’s Justice Program

While the justice program has not yet produced measurable improvements in the efficiency or effectiveness of Haiti’s court system, USAID’s contractor has helped lay a basis for future progress in these areas. We were unable to fully determine whether planned results were achieved because USAID/Haiti established baselines and targets to measure only one of its two performance indicators for its justice program activities.

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The Women, Peace and Security Agenda in the Year of Its Review: Integrating Resolution 1325 Into the Military and Police

Published by the Latin America Security and Defence Network (RESDAL), this report examines the integration of Resolution 1325 by assessing three UN missions: MINUSTAH (Haiti), MONUSCO (Democratic Republic of the Congo) and UNIFIL (Lebanon). Namely, the following questions are addressed:

  • Fifteen years after Resolution 1325 was adopted, to what extent has it been integrated into peacekeeping operations?
  • What approach has been developed for the military component? 
  • What achievements and pending challenges have been found in the implementation of this Resolution in the area of military and police tasks? 
  • What role does the approach on women, peace and security have in the peacekeeping review process? 

You can access the report here.

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The development of the National Police, public security and the rule of law in Haiti

Once again, Haiti finds itself at a crossroads. Having partly recovered from a devastating earthquake in 2010, Haiti is planning to hold multi-tiered elections this year. If a legitimate government and parliament emerge from that process, they could address some of the country’s deeper governance, economic, social and environmental challenges. The progress of police reforms is a crucial piece of the equation, given the significant reduction of the United Nations Mission for Stabilization in Haiti (MINUSTAH) already underway.

Centre for Security Governance (CSG) Senior Fellow Stephen Baranyi has co-authored a new report, with Yves Sainsiné, on the development of the National Police, public security and the rule of law in Haiti. The full report is available in French here. The English Executive Summary is available on the SSR Resource Centre Blog. 

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Strategic Planning in Fragile and Conflict Contexts

The primary audience for this research paper is the strategic planner in fragile and conflict-affected states (FCAS), understood broadly as any actor involved in either the formulation of national priorities to mitigate or recover from conflict, or the design of international strategies to support such priorities. The paper explores the tensions and tradeoffs incurred throughout the planning process on a range of engagement principles, including national ownership, prioritization, and sequencing. It aims to serve two purposes: i) provide a broad concept of key elements of planning and ii) identify key recommendations for engagement as well as policy and capacity gaps in the international community’s support of strategic planning processes

The first section of the paper offers general considerations related to i) the tradeoffs and tensions inherent to strategic planning processes in FCAS, and ii) the challenges and opportunities that planners face, as a means to set the context and rationale for the guidance and recommendations presented throughout the paper. The second and third sections discuss the prerequisites for and the actual steps of the strategic planning process, with a focus on current practice and its range of tradeoffs and tensions, including challenges in formulating results for greater accountability and issues related, inter alia, to ownership, prioritization, and funding. The conclusion presents a summary of findings, along with key policy recommendations drawn from the analysis and the case studies, as well as suggested areas where further research could strengthen the international community’s capacities to support strategic planning processes.

www.dfid.gov.uk/r4d/PDF/Outputs/mis_SPC/60836_CICStrategicPlanningFCAS.pdf

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Examination of Legal Aid in Haiti - Lessons Learned

Between 2 and 18 February 2017 a joint team from the United Nations Department of Peacekeeping Operations (MINUSTAH and the Justice and Corrections Service) and the USAID Justice Sector Strengthening Program (JSSP), supported by DCAF’s International Security Sector Advisory Team (ISSAT) and the International Development Law Organization (IDLO) undertook a mission to Haiti that examined the MINUSTAH-supported Legal Aid Office (Bureau d’Assistance Légale - BAL) of Port-au-Prince (2012-2017), Cap-Haïtien and Les Cayes (2015-2016), legal aid projects implemented by PROJUSTICE/USAID, and Government-supported BAL established between 2015 and 2017.

The mission report is available in English and French. 

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Haiti - Prison Reform and the Rule of Law

What risk does prison overcrowding, understaffing and insecurity pose for wider security and justice sector reform efforts in Haiti? This policy briefing from the International Crisis Group examines the problems facing the Haitian prison system. It argues that extreme prison overcrowding threatens Haiti’s security and stability. The most urgent need is to relieve existing prisons by using other space temporarily, while supporting the detention commission in accelerating treatment of pre-trial cases. These measures must be accompanied by construction to meet prison requirements for a generation.

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Maintien et pérennisation de la paix: Quelles conditions et stratégies de sortie des opérations de maintien de la paix?

Les Casques bleus, acteurs essentiels des opérations de maintien de la paix des Nations unies, récompensés d’ailleurs par un prix Nobel de la paix en 1988, sont à la croisée des chemins. Le contexte des conflits a changé. Le rôle des Casques bleus et plus largement des opérations de maintien de la paix (OMP) évolue donc également.

À l’occasion du 70e anniversaire de cette « entreprise des Nations unies » (entamée donc depuis 1948), l’ensemble des parties prenantes ont adopté une Déclaration d’engagements communs concernant les opérations de maintien de la paix des Nations unies intitulée : « Action pour le maintien de la paix » (A4P). Son principal objectif, d’après le Secrétaire général Antonio Guterres, est de « combler le fossé entre les aspirations et la réalité », en donnant aux opérations de maintien de la paix des objectifs plus réalistes, en rendant les missions plus fortes et plus sûres et en mobilisant un meilleur soutien politique en faveur de solutions politiques d’une part, et de forces bien équipées et bien entrainées d’autre part ».

Pour accéder au rapport, Maintien et pérennisation de la paix: Quelles conditions et stratégies de sortie des opérations de maintien de la paix?, veuillez suivre le lien.

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The Security Sector and Poverty Reduction Strategies

Provision of security is both a core function of the state and a necessary condition for the delivery of other essential services and investments for poverty reduction. Improving the effectiveness and accountability of security provision is therefore becoming an increasingly important element of Poverty Reduction Strategies (PRS) in countries emerging from conflict.

This note aims to clarify the challenges for integrating security sector priorities into PRSs by drawing on existing and emerging knowledge and practice in conflict-affected countries. Introduced in the late 1990s, Poverty Reduction Strategy Papers (PRSPs) are standard tools for developing countries to articulate medium-term macroeconomic and social policies for growth and poverty reduction. Countries take the lead in setting a development plan, while the World Bank and other donors align their assistance programs with those national strategies.
This note focuses specifically on the World Bank’s role in supporting governments during the preparation of PRSs and discusses entry points for engagement in the security sector drawing from experience in a mix of conflictaffected countries. It is intended to serve as a resource for World Bank country teams and their national counterparts when designing PRS processes in countries where improved security has emerged as a national priority.

To view this publication, follow this link.

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What Army for Haiti?

President Michel Martelly of Haiti was widely expected to announce the creation of a new Haitian army on November 18, 2011. Instead, the newly-elected president called for the creation of a civilian-led commission that will have forty days to finalize a plan for the army, which was disbanded in 1995. A draft of the “Martelly plan,” dated August 2011, called for building an army of 3,500 troops that would be operational within three years and progressively take over as the UN peacekeeping force MINUSTAH withdraws.
This issue brief by Arthur Boutellis, IPI Senior Policy Analyst, provides a background to the security sector in Haiti and explores the shape that a new Haitian army might take. It addresses the political context in which the army will be reinstated, financial considerations for the government of Haiti, and the role that the international community could play to support Haitian efforts to build an accountable security sector.

To view this publication, please follow this link.

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UN Police, Justice and Corrections Programming in Haïti - A Compact Case Study

Case studies on police, justice and corrections programming for nine UN complex operations and special political missions were developed by Stimson’s Future of Peace Operations Program at the request of the Office of Rule of Law and Security Institutions (OROLSI) of the UN’s Department of Peacekeeping Operations. They are descriptive rather than analytic documents that help to organize, by mission, the issues and activities that the main study, Understanding Impact of Police, Justice and Corrections in UN Peace Operations, treats functionally, across cases, and are summarized in the study’s annexes. 

To view the publication, please follow this link.

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Books

Security Sector Reform

This paper explores the definition of SSR as it has emerged in the international community. It examines the makeup of the security sector, identifies emergent principles for implementing SSR in the community of practice and specifies the outcomes that SSR is designed to produce. Supporting case studies of Haiti, Liberia, and Kosovo assess the impact of SSR programs on host nation security sectors. The authors conclude that those conducting SSR programs must understand and continually revisit the policy goals of SSR programs, to develop concepts that support a transitional process that moves forward over time. They also identify a need for rebalancing resources committed to SSR, especially since justice and civil law enforcement typically are undersourced as elements of SSR. Lastly, the authors cite the need for more flexible and better integrated funding processes to support SSR activities within the U.S. Government.

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Other Documents

UNDPKO SSR Newsletter no. 17, January - March 2013

The SSR Newsletter provides an update on recent activities of the UNDPKO's SSR Unit, gives an overview of upcoming initiatives and shares relevant information and announcements with the greater SSR community.
 In this issue:

  • Adoption of African Union Policy Framework on SSR
  • Spotlight on a Mission: UNSMIL
  • SSR Guidance Launched in Geneva
  • Peacekeeping & Human Rights Conference
  • Advanced Training on SSR in Sarajevo
  • SSR Unit Support Visit to Côte d'Ivoire
  • Induction Workshop for SSR Experts in Geneva
  • Rule of Law Conference in Haiti 
  • About the SSR Newsletter
Other Document

Evaluation of the Results of National Police Capacity-Building in Haiti, Côte d’Ivoire and the Democratic Republic of the Congo by United Nations P...

Considered against the many deficits affecting national police forces when MINUSTAH,
UNOCI and MONUC/MONUSCO were mandated, the missions’ police components have
made plausible contributions to capacity-building. But for the United Nations to be more
effective requires the Security Council to support longer-term capacity-building with
adequate resources; an engaged and solution-oriented United Nations Headquarters providing
meaningful guidance to the field; missions throwing their weight behind inherent political
and practical challenges; and for Member States to provide better qualified police officers. This report identifies recurring issues across all three missions. 

To read the Minutes of the meeting of the Security Council, and the statements of the representatives from the delegations, kindly follow the link.

Other Document

Justice and Corrections Standing Capacity (JCSC) Newsletter 2018

In 2018 JCSC focused on supporting existing United Nations peace operations according to its mandate. Assistance from JCSC was in particular demand to advance rule of law transition planning, implementation and lessons learned studies in Darfur, Haiti and Liberia. JCSC also provided specific expertise in substantive areas, such as the investigation and prosecution of destabilizing crimes in the Democratic Republic of the Congo (DRC) and Mali; anti-corruption in Afghanistan; and prison security, with a specific focus on prison intelligence and information in the DRC. 

For full access to the Justice and Corrections Standing Capacity (JCSC) Newsletter 2018, kindly follow the link. 

Follow other Justice and Corrections Publications. 

Other Document

Evaluation of the Results of National Police Capacity-Building in Haiti, Côte d’Ivoire and the Democratic Republic of the Congo by United Nations P...

Considered against the many deficits affecting national police forces when MINUSTAH,
UNOCI and MONUC/MONUSCO were mandated, the missions’ police components have
made plausible contributions to capacity-building. But for the United Nations to be more
effective requires the Security Council to support longer-term capacity-building with
adequate resources; an engaged and solution-oriented United Nations Headquarters providing
meaningful guidance to the field; missions throwing their weight behind inherent political
and practical challenges; and for Member States to provide better qualified police officers. This report identifies recurring issues across all three missions. 

To read the Minutes of the meeting of the Security Council, and the statements of the representatives from the delegations, kindly follow the link.

Other Document

Mission in Transition: Planning for the End of UN Peacekeeping in Haiti

The process of reconfiguring, closing, and handing over responsibilities to a UN country team or host-state institutions is a crucial—and challenging—part of the life cycle of a UN peacekeeping mission. Transitions have been a central feature of UN peacekeeping in Haiti, in particular, which has gone through numerous transitions since the 1990s. This paper focuses on the two most recent peacekeeping transitions in Haiti: one from the UN Stabilization Mission in Haiti (MINUSTAH) to the UN Mission for Justice Support in Haiti (MINUJUSTH), or from a multidimensional peacekeeping operation involving a substantial military component to a small peace operation focused on police and rule of law; and the ongoing transition toward the closure of MINUJUSTH and preparations for the eventual handover to other actors.

For both missions, the paper focuses on three issues: (1) transition planning, including the political dynamics that influenced decision making, gaps between plans and the reality on the ground, and the limited role of the host state, UN country team, civil society, and donors; (2) management, logistical, and administrative challenges; and (3) issues related to business continuity and changes in substantive areas of work. It concludes by offering lessons learned from the past and current transitions that can inform the next drawdown and exit of peacekeepers from Haiti.

To read the full paper, Mission in Transition: Planning for the End of UN Peacekeeping in Haiti, kindly follow the link provided. 

Other Document