Identifier
Created
Classification
Origin
06PORTAUPRINCE983
2006-06-02 18:13:00
CONFIDENTIAL
Embassy Port Au Prince
Cable title:  

NEW SRSG STIRS POT ON JUDICIAL REFORM

Tags:  PGOV PHUM PREL HA 
pdf how-to read a cable
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DE RUEHPU #0983 1531813
ZNY CCCCC ZZH
O 021813Z JUN 06
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3179
INFO RUEHZH/HAITI COLLECTIVE
RUEHBR/AMEMBASSY BRASILIA 1071
RUEHSA/AMEMBASSY PRETORIA 0916
RUEHQU/AMCONSUL QUEBEC 0488
RUMIAAA/HQ USSOUTHCOM J2 MIAMI FL
RUEHGV/USMISSION GENEVA 1224
RUCNDT/USMISSION USUN NEW YORK 0913
RUEHPU/USDAO PORT AU PRINCE HA
RUEHBS/USEU BRUSSELS
C O N F I D E N T I A L PORT AU PRINCE 000983 

SIPDIS

SIPDIS

STATE FOR WHA/CAR
S/CRS
SOUTHCOM ALSO FOR POLAD
STATE PASS AID FOR LAC/CAR
INR/IAA (BEN-YEHUDA)
WHA/EX PLEASE PASS USOAS

E.O. 12958: DECL: 06/01/2011
TAGS: PGOV PHUM PREL HA
SUBJECT: NEW SRSG STIRS POT ON JUDICIAL REFORM

Classified By: A/DCM Paul Folmsbee for reason 1.4(B).

C O N F I D E N T I A L PORT AU PRINCE 000983

SIPDIS

SIPDIS

STATE FOR WHA/CAR
S/CRS
SOUTHCOM ALSO FOR POLAD
STATE PASS AID FOR LAC/CAR
INR/IAA (BEN-YEHUDA)
WHA/EX PLEASE PASS USOAS

E.O. 12958: DECL: 06/01/2011
TAGS: PGOV PHUM PREL HA
SUBJECT: NEW SRSG STIRS POT ON JUDICIAL REFORM

Classified By: A/DCM Paul Folmsbee for reason 1.4(B).


1. (SBU) Summary. Remarks by the incoming SRSG, Guatemalan
Edmond Mulet, suggesting he favored integrating foreign
judges in Haiti's judiciary to implement judicial reform have
caused a nationalist backlash. Leaders from the political,
judicial, and human rights communities have protested against
the proposal as an affront to Haitian sovereignty. Mulet
arrives in Haiti today, June 2, and will doubtless spend some
of his initial time on the ground clarifying his statement,
if not backtracking. The furor over his remarks is likely to
be short-lived, as pressing business, most notably the
formation of the new cabinet, becomes the focus of the news
cycle. The incident serves as a reminder, however, that
MINUSTAH and the international community must strike a
delicate balance in seeking to implement critical government
reform.
End Summary.


2. (U) During an interview with Associated Press on May 26,
newly appointed UN SRSG for Haiti Edmond Mulet voiced
approval for integrating international judges from other
francophone countries into the Haitian judicial system while
commenting on MINUSTAH plans to implement judicial and police
reform in Haiti. Local print and radio media carried
highlighted the remarks regarding the international judges,
with commentary protesting the perceived potential violation
of Haitian sovereignty.


3. (U) Further reaction among Haitian leaders was also
overwhelmingly negative. Bar Association president Gervais
Charles cautioned Mulet to consult the Haitian constitution
before making changes to the MINUSTAH mandate that would
breach Haiti's sovereignty and the independence of the
judicial system. Activist lawyer Osner Fevry questioned the
suitability of an "international bureaucrat who left
Guatemala to work in Europe" to make such a statement. Human
Rights leader Pierre Esperance's National Human Rights
Defense Network (RNDDH) issued a press release expressing
"astonishment and offense" upon learning of the UN's wishes
to place the Haitian judicial system under international
supervision. The RNDDH statement accused the international
community of "finally revealing its true objective to
establish MINUSTAH as an occupation force."


4. (SBU) MINUSTAH officials told Emboffs that Mulet's
remarks came as a complete surprise. MINUSTAH staff had not
proposed using foreign judges in the briefing material they
had prepared for Mulet: MINUSTAH experts working on judicial
reform wondered whether the suggestion would be of any
practical use. MINUSTAH's political chief told Polcouns on
the morning of June 2, prior to Mulet's arrival, that he
hoped that Mulet would quickly defuse the situation by
stating "these were just some ideas" and leaving staff to
continue working on the details of judicial reform.


5. (C) Comment. With speculation over the formation of the
new government still the focus of news coverage, and Mulet
quickly off to the Dominican Republic to attend the OAS
general assembly, any kind of conciliatory statement from him
should be sufficient to defuse this flap for the moment.
Mulet has inadvertently received an object lesson in the
strength of nationalist pride in Haiti. Even in the face of
a judiciary that has nearly ceased to function and blatantly
corrupt practices by individual judges, many Haitians who
fully support judicial reform will rise to defend Haitian
sovereignty if they feel the international community
oversteps its authority. End Comment.
SANDERSON