Haiti: Criminality; measures taken by the government and the United Nations (UN) to combat crime (2006-2007)

Background

According to several sources, although efforts made by the United Nations Stabilization Mission in Haiti (Mission des Nations Unies pour la stabilisation en Haiti, MINUSTAH) and the Haitian National Police (Police nationale d'Haiti, PNH) to combat criminal gangs have improved the level of security (ICG 18 July 2007, 4; UN 22 Aug. 2007, para. 47; France 2 July 2007), [ICG English version] "Haiti's security and stability remain fragile" (ICG 18 July 2007, i; see also FOCAL Nov. 2007 and UN 22 Aug. 2007, para. 47). In February 2007, the United Nations (UN) Special Representative in Haiti and head of MINUSTAH, Edmond Mulet, stated that Haiti's situation was "horrible" because of the level of corruption and violence but that there have been "very positive" developments since February 2006 (The Miami Herald 16 Feb. 2007). Also, in the 2 November 2007 issue of the newspaper The Guardian, the Deputy Special Representative of the UN Secretary General in Haiti, Luiz Carlos da Costa, is quoted as saying that Haiti's situation is more stable, but that it still must be monitored carefully. While the International Crisis Group (ICG) states that [ICG English version] "security improvements in Port-au-Prince impact elsewhere" in the country (ICG 18 July 2007, 21), Freedom House states that despite the level of security established, the majority of Haiti remains difficult to govern (2007).

MINUSTAH statistics, cited on a program aired on National Public Radio (NPR) in the United States (US), indicate a decrease in violence: 240 attacks against MINUSTAH forces were carried out in January 2006, compared with 12 between April and July 2007 (NPR 1 Aug. 2007). The same source also reports 162 kidnappings in December 2005 but only 6 in June 2007 (ibid.). According to statistics provided by a PNH spokesperson to the Haitian Press Agency (Agence haïtienne de presse, AHP), 5 murders were committed in August 2007, compared with 31 in August 2006 (5 September 2007). Moreover, despite the murder of 2 police officers toward the end of October 2007, MINUSTAH did not report any increase in violence in October 2007 (AP 26 Oct. 2007). However, there are reportedly two to three murders each day in Haiti (France 2 July 2007) and, between March and August 2007, MINUSTAH received reports of 60 deaths by lynching (UN 22 Aug. 2007, para. 50).

The UN Security Council has stated that drug trafficking [UN official English version] "remains a critical factor" in the security threats facing Haiti (22 Aug. 2007, para. 26; see also The Economist 4 Aug. 2007). In early 2007, President Préval announced that the battle against drug trafficking would be a priority for his administration (ICG 18 July 2007, 21). The lack of drug enforcement resources is particularly evident in the PNH's difficulty in patrolling two islands, Île à Vache and Île de la Grosse Caye, which allows traffickers to operate freely (ICG 18 July 2007, 22). The PNP drug enforcement unit has made a few seizures (UN 22 Aug. 2007, para. 25).

The ICG reports that the number of rapes has also increased in Cité Soleil (ICG 18 July 2007, 9), that criminal gangs still operate with new recruits and that gang wars continue (ibid., i). Lastly, Freedom House states that violence against journalists is common and that freedom of the press is constrained by widespread insecurity and the absence of "a viable judicial system" (2007).

MINUSTAH and PNH operations

The UN states that on 15 August 2007, MINUSTAH forces numbered 7,080 soldiers and 1,770 police officers (UN 22 Aug. 2007, Annexes I and II). In October 2007, the Security Council passed a resolution that extended MINUSTAH's mandate for one year, decreased the number of soldiers to 7,060 and increased the number of police officers to 2,091 (UN 15 Oct. 2007).

After an increase in the number of kidnappings in December 2006, MINUSTAH launched an [translation] "operation to combat kidnappings and major crime" (UN 19 Dec. 2006b; ICG 18 July 2007, 2). The measures taken by MINUSTAH to fight the criminal gang leaders in the slums of Port-au-Prince have reportedly reduced the occurrence of kidnappings (Los Angeles Times 25 July 2007) and violence in general (AP 26 Oct. 2007). The anti-gang operations have received extensive media coverage, which has fostered the public's cooperation (ICG 18 July 2007, 3; see also The Economist 4 Aug. 2007).

Between December 2006 and July 2007, MINUSTAH and PNP joint operations in Cité Soleil and Martissant also led to the arrest of 850 suspected gang members (UN 22 Aug. 2007, para. 22). As a result of those offensives, "the number of confrontations [has fallen] sharply" between MINUSTAH and criminal groups (AP 12 June 2007). Many news releases describe those operations and some of the results, including the arrest of gang leaders (UN 1 Mar. 2007; ibid. 5 Mar. 2007; ibid. 5 Apr. 2007; ibid. 8 May 2007; ibid. 12 June 2007). According to The Economist, nearly all gang leaders in Cité Soleil have been either killed or captured (4 Aug. 2007).

MINUSTAH and the PNH operate mainly in Port-au-Prince, although they have disabled some [ICG English version] "mafia-type groups" in Gonaïves (ICG 18 July 2007, 5). Connections with the police and the legal community have led to the release of gang leaders in Gonaïves on several occasions (ibid., 15). However, MINUSTAH has recently made a number of arrests and the public has shown a greater willingness to cooperate with authorities (ibid., 16; see also UN 22 Aug. 2007, para. 23). As a result of the cooperation, criminal gang members who flee to the regions are unable to set up their activities there (France 2 July 2007).

Police reform

According to the UN, the PNH still has not achieved the skill required to ensure essential security operations, the lack of resources is limiting the possibility of PNH operations outside Port-au-Prince, and the minimum figure of 14,000 officers for basic policing duties will not be reached until 2011, under the current reform plan (22 Aug. 2007, para. 38). Consequently, the police are ineffective in preventing crime and in carrying out arrests, and their own failure to respect the law only feeds the insecurity (HRW Jan. 2007).

In July 2005, the transitional government appointed a new director general of the PNH (US 6 Mar. 2007, Sec. 1d; ICG 30 Oct. 2006, 9). He implemented measures aimed specifically at eliminating police corruption (ibid.; US 6 Mar. 2007, Sec. 1d). A number of officers were arrested for their involvement in kidnappings (AI 23 May 2006; ICG 30 Oct. 2006, 9), and others were dismissed (ibid.). However, those measures have not been enough to completely eradicate corruption (US 6 Mar. 2007, Sec. 1d).

In August 2006, the new government approved a comprehensive reform plan for the PNH (UN 19 Dec. 2006a, para. 24). The plan [ICG English version] "deals with size, structure, standards, resource requirements for the force and sequencing of implementation" (ICG 30 Oct. 2006, 9). More specifically, [UN official English version] "the Haitian National Police would increase from its current strength by a rate of approximately 1,500 officers a year, to 14,000 by 2011" (UN 19 Dec. 2006a, para. 25). However, the UN Special Representative in Haiti stated that at least 22,000 police officers are needed, but the force had only 8,000 in August 2007 and only 500 new recruits are being added every six months (The Economist 4 Aug. 2007).

Drug seizures carried out in 2007 revealed the magnitude of drug trafficking, as well as the fact that many police officers are involved in the drug trade (ICG 18 July 2007, 21). Moreover, certain sources indicate that the PNH has frequently been accused of corruption, brutality and extrajudicial killings (Freedom House 2007; HRW Jan. 2007; see also UN 22 Aug. 2007, para. 48).

UN officers carried out special investigations of the PNH in 2007 under the reform plan (ICG 18 July 2007, 22-23). On 18 July 2007, 160 PNH officers were investigated in Jérémie and another inquiry is underway in Les Cayes (ibid.). As a result, hundreds of police officers were relieved of their duties, mainly for their participation in criminal gang activities or in human rights violations (FOCAL Nov. 2007). The ICG reports that it is unclear what fate awaits police officers who have been examined in this process (ICG 18 July 2007, 22-23). According to a report from the Canadian Foundation for the Americas (Fondation canadienne pour les Amériques, FOCAL) and Inter-American Dialogue, it is nearly impossible for Haiti's judicial system to punish guilty police officers (FOCAL Nov. 2007).

The judicial system

According to Human Rights Watch (HRW), "Haiti's highly dysfunctional justice system is plagued by corruption, politicization, and a lack of personnel, training, and resources" (Jan. 2007; see also Freedom House 2007). The UN Security Council also reports that [UN official English version] "as a reflection of public distrust of the judicial system, many Haitians appear to avoid the formal court system" (22 Aug. 2007, para. 50). A justice reform plan has been developed, but there are [ICG English version] "serious institutional obstacles" to its implementation (ICG 30 Oct. 2006, 12; see also ICG 18 July 2007, 14). Two bills on the status of magistrates were adopted by the Senate in the summer of 2007 (UN 22 Aug. 2007, para. 41), but none of the sources consulted by the Research Directorate indicated whether those bills were supported by the Chamber of Deputies. However, on 4 August 2007, The Economist reported that three attempts to reform the judiciary have been held up in parliament.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence haïtienne de presse (AHP). 5 September 2007. "Baisse du nombre de crimes et d'enlèvements au mois d'août 2007." [Accessed 3 Dec. 2007]

Amnesty International (AI). 23 May 2006. "Haiti." Amnesty International Report 2006. [Accessed 3 Apr. 2007]

Associated Press (AP). 26 October 2007. "Haitian Police Step Up Patrols After 2 Officers Shot Dead." (Factiva)
_____. 12 June 2007. Stevenson Jacobs. "U.N. Troops Kill Suspected Gang Leader." (Factiva)

The Economist. 4 August 2007. "A Small Success for the U.N.-Haiti." (Factiva)

Fondation canadienne pour les Amériques (FOCAL) and Inter-American Dialogue. November 2007. "Haiti: Real Progress, Real Fragility." [Accessed 6 Dec. 2007]

France. 2 July 2007. Ministry of Foreign Affairs. "Conseils aux voyageurs : Haïti." [Accessed 12 Dec. 2007]

Freedom House. 2007. "Haiti." Freedom in the World 2007. [Accessed 19 Dec. 2007]

The Guardian. 2 November 2007. Tom Philips. "From No-go Area to 'Disneyland': Haiti Emerges from a Nightmare." (Factiva)

Human Rights Watch (HRW). January 2007. "Haiti." World Report 2007. [Accessed 3 Apr. 2007]

International Crisis Group (ICG). 18 July 2007. "Consolider la stabilité en Haïti." (Rapport Amérique latine/Caraïbes n° 21) [Accessed 30 Nov. 2007]
_____. 30 October 2006. "Haïti : sécurité et réintégration de l'État." (Rapport Amérique latine/Caraïbes n° 12) [Accessed 3 Apr. 2007]

Los Angeles Times. 25 July 2007. Carol J. Williams. "Like its President, Haiti is Very Quiet; Rene Preval is No-Frills and Practically No-Show. But His Nation's Accursed Fortunes Have Been Reversing – Slowly." (Factiva).

The Miami Herald. 16 February 2007. Jacqueline Charles. "As Haiti Stabilizes, Progress Still Slow." (Factiva)

National Public Radio (NPR) [United States]. 1 August 2007. "Violence-plagued Haiti Sees More Peaceful Days." (Factiva)

United Nations (UN). 15 October 2007. Security Council. Résolution 1780 (2007) [Accessed 6 Dec. 2007]
_____. 22 August 2007. Security Council. Report of the Secretary-General on the United Nations Stabilization Mission in Haiti. (S/2007/503) [Accessed 6 Dec. 2007]
_____. 12 June 2007. United Nations Stabilization Mission in Haiti (MINUSTAH). "Mort à Cité Soleil d'un membre de gang recherché." [Accessed 30 Nov. 2007]
_____. 5 April 2007. United Nations Stabilization Mission in Haiti (MINUSTAH). "Arrestation du chef de gang Alain Cadet lors d'une opération conjointe." [Accessed 30 Nov. 2007]
_____. 5 May 2007. United Nations Stabilization Mission in Haiti (MINUSTAH). "Un nouveau chef de gang appréhendé à Cité Soleil." [Accessed 30 Nov. 2007]
_____. 5 March 2007. United Nations Stabilization Mission in Haiti (MINUSTAH). "La MINUSTAH poursuit le démantèlement des gangs : 15 nouvelles arrestations à Cité Soleil." [Accessed 30 Nov. 2007]
_____. 1 March 2007. United Nations Stabilization Mission in Haiti (MINUSTAH). "Fin de la première phase des opérations de sécurité engagées par les casques bleus et la police haïtienne contre les gangs armés à Cité Soleil." [Accessed 30 Nov. 2007]
_____. 19 December 2006a. Security Council. Report of the Secretary-General on the United Nations Stabilization Mission in Haiti. (S/2006/1003) [Accessed 3 Apr. 2007]
_____. 19 December 2006b. United Nations Stabilization Mission in Haiti (MINUSTAH). "22 présumés kidnappeurs interpellés et 4 victimes libérées en deux jours." [Accessed 30 Nov. 2007]

United States (US). 6 March 2007. Department of State. "Haiti." Country Reports on Human Rights Practices for 2006. [Accessed 11 Apr. 2007]

Additional Sources Consulted

Internet sites, including: Haïti-Progrès, National Human Rights Defense Network (NHRDN), Organization of American States (OAS).