HAITI MONTHLY: MARCH, 2008

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 000531 SIPDIS SENSITIVE SIPDIS STATE FOR WHA/EX AND WHA/CAR S/CRS INL FOR KEVIN BROWN AND ANGELIC YOUNG SOUTHCOM ALSO FOR POLAD STATE PASS AID FOR LAC/CAR INR/IAA WHA/EX PLEASE PASS USOAS E.O. 12958: N/A TAGS: HA PREL PGOV KJUS ECON SUBJECT: HAITI MONTHLY: MARCH, 2008 REF: PORT AU PRINCE O374 PORT AU PR 00000531 001.2 OF 002 ¶1. (U) This message is sensitive but unclassified -- please protect accordingly. ¶2. (U) Summary: This is a monthly report on various topics of interest which do not merit a full reporting cable. End summary. ¶3. (SBU) PARLIAMENT BEGINS DEBATE ON ARREST AND DETENTION REFORM: The justice committees of the Chamber of Deputies and Senate met March 19 with Haitian legal experts to discuss reforms to arrest and detention procedures. The committees solicited input from a variety of judicial officials including former Ministers of Justice Jean Joseph Exume and Gary Lissade, Secretary of State for Judicial Reform Daniel Jean, and the Vice President of the Bar Association. According to the participants, important topics that should be addressed through new justice reform legislation include: increasing regulations on detention prior to arrest (guard-a-vue); improving respect for human rights along the entire penal chain; fixing time limits for pre-trial detention as well as instituting mechanisms for pre-trial release; and providing alternatives to prison. The session was the first in a series of roundtables sponsored by USAID through the National Center for State Courts (NCSC). ¶4. (SBU) MINISTRY OF JUSTICE - PROSECUTOR GASSANT DUST-UP: Port-au-Prince Chief Prosecutor Claudy Gassant has taken another step to show that his subordination to the Ministry of Justice is in name only. Secretary of State for Judicial Affairs in the Ministry of Justice Daniel Jean sent Gassant a letter of reprimand March 19, noting that he had exceeded his authority in several instances, including in trying to exert authority over prosecutors in other districts of Haiti. The letter reminded Gassant that he is subordinate to several layers of officials under the Minister of Justice. The press reported, and French emboffs subsequently confirmed, that Gassant and Jean had a verbal altercation at the French Embassy that became physical when they later encountered each other at the Ministry of Justice. The press printed Gassant's March 24 letter to Justice Minister Magloire, stating that the points in Jean's letter were at variance with Haitian law and administrative regulations, and requesting the Minister return the letter to its originator. ¶5. (U) PRESS REACTION TO BLTS/DEA OPERATION: The Haitian Anti-Drug Unit (BLTS) and the Drug Enforcement Agency (DEA) operation on March 25 targeting drug fugitives has generated public expressions of concern for the violation of proper procedures and constitutional norms. There has been no virtually no commentary alleging the operation violated Haiti's sovereignty. All press commentary assumes the operation was aimed at fugitive Guy Philippe. Senator Youri Latortue, Professor Jean Claude Bajeux of the Ecumenical Center for Human Rights, Pierre Esperance of National Network for the Defense of Human Rights, and Father Jann Hansen of the Catholic Church's Justice and Peace Commission all questioned the legality of the raid and noted that the BLTS and the DEA must respect Philippe's constitutional rights even as they try to capture him. (Note: Title 3, Chapter 2, Section B, Article 24-3.4 of the Haitian constitution stipulates that no person may be arrested between the hours of 6:00 PM and 6:00 AM. This constitutional provision was imposed as a reaction to nighttime disappearances carried out under the Francois Duvalier regimes. End note.) Separately, MINUSTAH disavowed any involvement with the operation. Meanwhile, Guy Philippe has given several radio interviews since the operation, and has vowed that he intends to run for a senate seat. ¶6. (SBU) PENAL CODE PUSH-BACK: National Committee on Dismantlement, Disarmament and Reinsertion (CNDDR) Director Alix Fils-Aime told Poloff March 14 that Chief Prosecutor Claudy Gassant was ''messing with the wrong guy'' when he summoned him for questioning the week of February 18. After refusing to comply, Fils-Aime publicly announced that Gassant should be arrested based on Article 187 of the Penal Code which authorizes punitive measures for abuse of power. He believes President Preval interceded on his behalf since Gassant quickly and uncharacteristically backed down from his summons as soon as Fils-Aime pushed back in the public forum (reftel). ¶7. (U) RETURN OF WINROCK TO DISCUSS BIOFUELS: Nicholas Martin of Winrock International returned to Port-au-Prince March 4-7 to assist private sector biofuels project sponsors in preparing and submitting project information. (Note: Winrock identified 14 private sector projects prior to and during the first visit to Haiti in October 2007. End note.) Martin also encouraged project sponsors to develop detailed terms of reference as needed by prospective funders (notably U.S.-Brazil Biofuels Memorandum of Understanding Partnership partners) to allow expeditious evaluation and release of funds to proceed with technical assistance, financial support and similar activities needed to promote production and consumption of biofuels in Haiti. Some of the private sector sponsors included representatives from Biocarburants d'Haiti, Centro Hispaniola de Investigacion en Bioenergias y Agricultura Sostenible (CHIBAS),Haytrac and Terminal Varreux. ¶8. (U) FOUR HAITIAN DELEGATES TO BIOFUELS MEETING AND WIREC: Minister of Public Works, Transportation and Communication (MPTC) Frantz Verella, Secretary of State for the Ministry of Agriculture Joanas Gue, Dr. Arlan Lecorps (Ministry of Agriculture biofuels taskforce member) and Rene Jean-Jumeau (Energy Consultant in MPTC) attended the biofuels steering group meeting March 3 and the Washington International Renewable Energy Conference (WIREC) on March 4-6. Verella and Gue reaffirmed their support for the partnership assistance and provided updates on biofuels development in Haiti. The Government of Haiti via the Ministries of Public Works and Agriculture made a pledge at WIREC to put into place the basic infrastructure needed to create an environment conducive to developing renewable energy intended to foster energy security. ¶9. (U) MARCH 26 REPATRIATION OF 12 HAITIAN MIGRANTS: The U.S. Coast Guard (USCG) repatriated 12 clandestine Haitian migrants on March 26 into the custody of the GOH in Cap-Haitien. The USCG intercepted the migrants on March 22 when their powerboat ran out of gas 40 nautical miles west of Andros Island, The Bahamas. The migrants claimed that they left Haiti from Port-de-Paix. Separately, the Haitian media reported on March 7 and 8 respectively that a clandestine Haitian migrant was among the 40 persons intercepted on a boat to Puerto Rico and that 37 clandestine Haitian migrants landed on West Palm Beach. SANDERSON