HAITI: IACHR ASSESSMENT ECHOES OUR HUMAN RIGHTS

UNCLAS PORT AU PRINCE 001226

SIPDIS

SOUTHCOM ALSO FOR POLAD
WHA ALSO FOR USOAS

E.O. 12958: N/A
TAGS: PGOV PHUM PREL HA
SUBJECT: HAITI: IACHR ASSESSMENT ECHOES OUR HUMAN RIGHTS
CONCERNS


1. Summary. The InterAmerican Commission on Human Rights
(IACHR) recently concluded a mission to assess the human
rights situation in Haiti in the run-up to elections this
year. The Commission issued a release at a press conference
on April 18 calling for greater action from the international
community and the Haitian authorities to address the crucial
issues of insecurity and the deficiencies of the justice
system. An official report of their visit is forthcoming,
but the Commission's initial assessment appears to be a
balanced evaluation of the human rights situation in the
country. It makes clear that the IGOH is not orchestrating
human rights abuses, but calls on the Haitian authorities to
do more to address violence and alleviate the backlog of
prisoners awaiting trial. End Summary.


2. The IACHR conducted its first visit of the year to Haiti
from April 18-22. The Commission met with President
Alexandre and Prime Minister Latortue,judicial sector
officials, the leadership of the Haitian National Police, the
provisional electoral council, MINUSTAH officials, civil
society members and NGOs. The Commission solicited and
received a number of petitions from Haitians alleging human
rights abuses. At the start of the visit, the Commission
conducted a training seminar on the Inter-American human
rights system for government officials and laid the
groundwork for the establishment of an interministerial
working group to coordinate the government's human rights
responsibilities.


3. The Commission's stated focal area was the absence of
control over security since its last visit to the country in
September 2004. Members of the Commission cited information
collected during and prior to this visit indicating thousands
of weapons in the hands of illegally armed groups and gangs.
It concluded that the lack of a comprehensive disarmament
program and a severely understaffed and poorly-equipped
police force helped create an environment where an estimated
600 people, including 19 police officers, had been killed in
acts of violence since September 2004. That estimate comes
from the Justice and Peace Commission which regularly surveys
the hospitals and morgues to track violence-related deaths.
The IACHR noted recent successes of MINUSTAH and HNP
cooperation, but emphasized that those efforts need to be
expedited and expanded to ensure that election preparations
and the elections themselves succeed.


4. The Commission said that the security situation had been
exacerbated by the poorly-functioning judicial system, citing
the December 2004 prison riot and the February 2005 prison
break as examples of the correlation. It stressed the
obligation of the Haitian state to end impunity for human
rights abuses by adhering to "fair and effective judicial
procedures." Drawing on figures obtained from a November 2004
report of the Office of Human Rights Ombudsmen, the IACHR
said that in the entire country, only 9 out of 1,054 inmates
had been convicted of a crime. The Commission called for the
government to take urgent measures necessary to guarantee the
right to due process for all detained persons and to have the
cases judicially reviewed in accordance with domestic and
international law.


5. The IACHR noted that the volatile security situation
continues to pose dangers for human rights defenders and
members of the media and urged the Haitian government to take
concrete steps to prevent acts of this nature, including the
investigation and prosecution of complaints of such acts.
The Commission commended the national dialogue process and
urged Haitians from all political groups to move beyond
confrontation and toward reconciliation for the future of the
country. The Commission also mentioned that civil and
political rights for all Haitians cannot be achieved until
the social and economic problems of the country, like poverty
and illiteracy, are addressed.


6. Comment: The initial report of the IACHR's mission to
Haiti paints a fair and accurate picture of the current human
rights situation. The Commission correctly lays no blame on
the state for orchestrating abuses, but does implicitly
criticize the government for not doing more to prevent,
investigate, and especially prosecute acts committed in the
country, regardless of the perpetrator. The Commission's
findings parallel our approach on the human rights front and
we will continue to press the IGOH to make advances on
security and judicial reform.
FOLEY