United Nations

A/50/861


General Assembly

Distr. GENERAL  

25 January 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 38


THE SITUATION OF DEMOCRACY AND HUMAN RIGHTS IN HAITI

Report of the Secretary-General


I.  INTRODUCTION

1.  The present  report is submitted to  the General Assembly  following the
report of  the Secretary-General  of  12 October  1995 on  the situation  of
democracy and human rights in Haiti  (A/50/548), and pursuant to  resolution
50/86 of 15 December 1995, in which the  Assembly, inter alia, requested the
SecretaryGeneral   to  submit  regular  reports  to  it  and,  in  operative
paragraph 2, stated  its readiness,  upon consideration of a  recommendation
by the Secretary-General  and at the request  of the Haitian authorities, to
extend the United Nations  component of the  International Civilian  Mission
to Haiti  (MICIVIH) beyond  7 February  1996 in  an appropriate  resolution.
The report  provides an assessment of the current human  rights situation in
Haiti  and  an  evaluation   of  institutions  charged   with  human  rights
protection.    In  accordance  with  paragraph   2  of  the  above-mentioned
resolution, the  report  sets  out  a proposal  for  a programme  of  future
activities for  an extended MICIVIH mandate.   The report  has been prepared
in consultation with  the Secretary-General of  the Organization of American
States (OAS).


          II.  THE HISTORICAL CONTEXT AND THE WORK OF THE INTERNATIONAL
               CIVILIAN MISSION TO HAITI 1993-1994

2.  MICIVIH, under  the joint auspices of  the United Nations  and OAS,  was
established in  February 1993 at the  request of  Haiti's elected president,
the  Reverend Jean-Bertrand Aristide,  in view  of the gravity  of the human
rights situation under the military-backed de facto regime.

3.   MICIVIH  was deployed  throughout Haiti's  nine administrative  regions
from  February until  October 1993,  when  its  observers were  evacuated on
security  grounds  following  actions  by  the  military  authorities   that
prevented the


96-01687 (E)  020296/...
*9601687*

 disembarkation of the military contingent of  the United Nations Mission in
Haiti (UNMIH) from the  United States naval vessel Harlan County.  This  led
to the withdrawal  of the first  elements of UNMIH that were  already in the
country. MICIVIH returned to  Haiti in January 1994.  Based only in Port-au-
Prince, observers  made  regular visits  to  the  provinces.   However,  the
Mission  faced   growing  restrictions  on  its  movements.    The  military
authorities, which  had become increasingly  uncooperative since July  1993,
expelled MICIVIH in July 1994 after deeming its presence undesirable.

4.    The  mandate  of  MICIVIH  required it  to  ensure  that  human rights
inscribed  in the  Constitution  and in  international instruments  to which
Haiti is a party were respected.  Particular  attention was paid to  respect
for the right to  life, the integrity and security of the person, individual
liberty and freedom of expression and association.

5.  From the outset, the  Mission documented widespread arbitrary detention,
systematic  beating  and  torture,   internal  displacement  and  persistent
violation of the right to freedom of expression  and association.  After the
signing of  the  Governors Island  Agreement  in  July 1993  (see  A/47/975-
S/26063,  para.  5),  the  human  rights  situation deteriorated,  with  the
emergence   of  a   pattern  of   extrajudicial  executions   and   enforced
disappearances.     Many   persons,  in   particular  members   of   popular
organizations,  were arbitrarily  arrested and  held in  illegal  detention,
including in secret detention centres.   Torture continued on a large scale.
After  its return to  Haiti in  January 1994,  MICIVIH documented  a further
major deterioration  in the situation, including  a new  phenomenon, that of
politically  motivated rape.   Throughout,  the  repression appeared  to  be
aimed at the destruction of the  pro-democracy movement and was concentrated
in poor neighbourhoods and rural  areas known for their support of President
Aristide.

6.   The violations were committed  mainly by members  of the Haitian  Armed
Forces (FADH),  and chefs de section  (rural police chiefs), along with FADH
militarybacked armed civilians known  as attaches and other unofficial armed
groups.  After  September  1993,  a  new   paramilitary  group,  the   Front
revolutionnaire pour  l'avancement et le  progres d'Haiti (FRAPH),  emerged.
Its members  are  accused of  having  carried  out widespread  human  rights
violations.  These  military and military-backed  groups acted with absolute
impunity, with  little or no official  attempt to  investigate violations or
to sanction the perpetrators.


III.  HUMAN RIGHTS AFTER THE RETURN OF PRESIDENT ARISTIDE

7.  Authorized by the  Security Council in  its resolution 940 (1994) of  31
July 1994,  a Multinational Force (MNF)  was deployed in  Haiti in September
1994 to facilitate the departure of the military  authorities and the return
of President  Aristide and  constitutional government.   President  Aristide
returned to Haiti on 15 October  1994.  UNMIH replaced MNF  on 31 March 1995
and was charged  with helping to  maintain a stable and  secure environment.
MICIVIH activities  resumed on 26  October 1994,  with the reopening  of its
headquarters and an office in Port-au-Prince.   Twelve further offices  were
subsequently opened in Haiti's  nine departments.  By June 1995, a total  of
190 observers  had  been deployed,  although  the  number of  observers  had
dropped  to  165 by  December.  With  the  return  to constitutional  order,
MICIVIH has been operating  in a very  different political and human  rights
context.   At  a 4  November  1994  meeting, senior  representatives of  the
United Nations and OAS  agreed that while the Mission would continue to give
priority to  the monitoring  and promotion of  human rights,  it would  also
contribute,  within  its   mandate,  to  the  strengthening  of   democratic
institutions, in particular those relating to  human rights protection.   It
was  also agreed  that MICIVIH  would participate  in the  monitoring of the
forthcoming  elections during  which it  would pay  particular attention  to
respect  for the  freedoms of  expression and  assembly.   During  its third
deployment, the  Mission has  also placed  emphasis on  institution-building
and human rights promotion.

8.   Since  President Aristide's  return,  the  human rights  situation  has
improved  substantially.   The systematic  violation of  human rights ceased
with the presence of  MNF and the return  to constitutional order,  with the
neutralization of the FRAPH and other  military-backed groups and after  the
dismantling of  the armed forces.   The fundamental  freedoms of expression,
association and assembly are widely enjoyed,  including by those critical of
the President and the Government.   An Interim Public  Security Force (IPSF)
was  initially  deployed  under  the  supervision  of  international  police
monitors who were part of MNF. The IPSF  incorporated former members of  the
FADH whom  screening  had cleared  of  human  rights violations  and  former
refugees trained  at Guantanamo.   A new civilian police  force, the Haitian
National Police (HNP), was  subsequently created and has now taken over from
the  IPSF, which was abolished in December 1995.  There have been efforts to
reform  the judicial  system,  including training  programmes  for  judicial
officials.   A  civilian body  charged  with  the administration  of Haiti's
prisons  has  been  created  and  a  programme  of  penal  reform  is  being
implemented.

9.  The activities  of MICIVIH during its third deployment were described in
some detail in my report  of 12 October 1995 on  the situation of  democracy
and  human rights  in  Haiti (A/50/548).    Since the  report,  MICIVIH  has
continued to  monitor human rights  violations by state agents  and to raise
such  cases with  the  relevant  local and  national authorities.    In this
regard, it has made a number of recommendations  to the Ministry of Justice,
police and  penal  authorities both  on individual  cases  of  abuse and  on
general measures that could improve human  rights protection.  These include
strengthening institutional mechanisms that are being set up to  investigate
complaints  of human rights  abuses committed  by police,  prison guards and
judicial officials.

10.   In addition to regular monitoring of conditions  of detention, surveys
have been  carried  out in  all  prisons  to identify  detainees,  including
juveniles, held  beyond legal limits pending  trial in order to expedite the
resolution  of the most  flagrant cases.   MICIVIH has  continued to monitor
the prison register system and to train prison officers in its correct  use.
It has  also provided legal  advice to a  ministerial committee  on possible
solutions to prison overcrowding.

11.  MICIVIH has  continued to participate in  the human rights  training of
new   police  cadets,  their  supervisors,   presidential  security  agents,
examining  magistrates and  justices of  the peace.    It has  monitored the
functioning  of the  judiciary at  all  levels  and made  representations to
local and national authorities  when due process has not been respected.  It
has  also  provided  support  to  the   newly  created  Brigade   d'enquetes
criminelles through  the transmission  of certain  pre-screened dossiers  to
the civilian police component  of UNMIH and has submitted to the Ministry of
Justice recommendations for reform related to disarmament, the  ratification
of international human rights instruments and other legal issues.

12.   MICIVIH  has completed  the  handover  of dossiers,  including medical
ones, on past cases  of human rights violations  that had been  requested by
the National  Commission  on Truth  and  Justice.   The  Mission's  forensic
anthropologist   provided  technical   assistance  to  the   Commission  and
submitted a report on exhumations that had been  carried out.  The Mission's
medical  unit,  in addition  to  preparing  medical  reports  on victims  of
abuses, has facilitated the establishment of  a network to rehabilitate such
victims.

13.  As part  of the human rights and civic education programme, a number of
seminars have  been  organized throughout  the country  bringing together  a
wide  spectrum of local  organizations and  government, police, judicial and
local  elected officials.  MICIVIH  has also developed  a programme to train
trainers in  order to  strengthen local  capacity in  this area.   In  zones
where land conflicts are prevalent, MICIVIH  has contributed to the peaceful
resolution  of disputes  by  facilitating dialogue  between  the  opposition
parties and  between those parties and government and judicial officials.  A

series of videos and  radio programmes have been produced by the Media Unit,
both about MICIVIH work and about  prisons, police and other related topics,
as well as a monthly newsletter.

14.   Finally, MICIVIH  observers monitored the human  rights aspects of the
presidential  election  campaign, as  well  as  being  seconded  to the  OAS
Electoral Observation Mission to monitor the voting on 17 December 1995.

15.  Nevertheless, weaknesses in the  institutions charged with human rights
protection, including the new police force,  highlight the need for  further
training and  reform in  order to  eradicate and prevent  abuses.   Although
abuses are  not widespread, systematic  or - except  in the  case of certain
judicial  practices - institutionalized, MICIVIH has identified  a number of
problems. These  have principally  involved the  use of  excessive force  by
police, including  several individuals being shot  dead or  injured, as well
as  some cases  of beatings  by prison  guards and,  in a few  instances, by
police.  Of particular  concern is the fact that some of the victims of ill-
treatment in detention have been  minors.  Some arbitrary  arrests have been
reported and  police have  on occasion  failed to  respect legal  procedures
when conducting searches.   Official assurances that alleged misconduct will
be investigated  are encouraging.  However, few  have thus  far resulted  in
sanctions and it is clear that  the newly instituted internal  investigative
and  disciplinary mechanisms  need  to  be strengthened.    Despite  greater
efforts  by   judicial  officials  to   respect  legal  and   constitutional
guarantees   -  including  procedural  time-limits  -arbitrary  and  illegal
practices persist,  including irregularities  in the  preparation of  arrest
warrants,  restrictions  on  the  right  to  defence,  prolonged   pre-trial
detention and some cases of non-respect  by prosecutors of decisions  handed
down by examining judges.

16.   The persistence  of incidents  of summary  "justice" has also  been of
concern. In these cases  persons suspected or caught in the act of  breaking
the law, or, to  a much lesser extent,  suspected of witchcraft,  are killed
by spontaneously  formed crowds.   This  underlines the  continuing lack  of
public  confidence  in the  ability  of  the  public  security and  judicial
systems  to   fulfil  their  responsibilities   satisfactorily.    Also   of
particular concern is a  series of targeted killings by armed assailants  in
which robbery  did not  appear to be  the motive, although  no evidence  has
emerged  to date  to link  these killings  to  state  agents.   Victims have
included both known supporters and opponents  of President Aristide, as well
as others.   Because of  the police  and judiciary's  lack of  investigative
capacity, no progress has yet been made in solving these crimes.

17.   The  underlying fragility  of  the  current situation  was highlighted
during  the disturbances that  followed the  killing of Deputy  Feuille on 7
November 1995 and the  speech by President Aristide at his funeral, in which
the President  called on the population  to assist  police with disarmament.
Subsequent incidents  included searches  of arms  in homes  and vehicles  by
crowds  that  police were  often unable  to control.   In  addition, several
former military  and other perceived associates  of the  de facto government
were murdered  or  injured, or  had  their  property destroyed,  by  crowds.
These incidents served as a reminder that  intensified efforts are needed to
strengthen the institutions  charged with the  effective guarantee  of human
rights and of the law.


              IV.  STATUS OF INSTITUTIONS CHARGED WITH GUARANTEEING
                   HUMAN RIGHTS

A.  The police

18.   The creation  of the new civilian  police (HNP) has been  a major step
forward in  the direction of  ending the type  of systematic  abuse of human
rights  that characterized  the former  Haitian  Armed  Forces under  the de
facto regime. Between  June and December 1995,  two thirds of the  projected
5,000 newly  trained police agents were  deployed throughout  Haiti.  Viewed

from  the  perspective of  human rights  protection  and accountability  for
police actions, the  performance of the  HNP to  date has been  encouraging,
although  some  structural   problems  remain.    The  four-month   training
programme needs to be  complemented by continuous education, as well as  the
training of  suitable candidates for officer  positions, which is  envisaged
for spring 1996.  Specific police units have  been trained and deployed  for
security at the Presidential Palace, at  government ministries and at courts
of law (officiers de securite judiciaire).   Training and initial deployment
have  also begun  for a  criminal  investigations unit  (Brigade  d'enquetes
criminelles), but further training and guidance in investigation  techniques
will  be required  for this  group, as  well as  specific training  for  the
planned riot control unit (compagnie d'intervention).

19.   A new  police Inspectorate-General  (Inspection generale)  was set up,
inter alia, to  investigate complaints of  police abuses.   It  needs to  be
strengthened  through  further  training  of  inspectors  in   investigation
techniques  as  well as  through  the  elaboration  of clearer  disciplinary
regulations  and procedures.   Its  relationship with  the criminal  justice
system would benefit  from clarification.   By  a presidential  decree of  6
December 1995, some agents of the  IPSF, including 900 Guantanamo  trainees,
were incorporated into the  HNP. They also include 130 former FADH  officers
who were  assessed as "good to  excellent performers" by the civilian police
component of UNMIH while  serving with the IPSF.   Their training, functions
and possible criteria for the evaluation  of their suitability for their new
positions are under discussion.

20.  MICIVIH has been instrumental in bringing  to the attention of  central
authorities  problems with  police functioning  in the field,  in particular
with  regard to  the  use of  firearms and  excessive force,  as well  as in
incorporating  such  information  into  the  training  curriculum  for   new
recruits at the Police  Training Academy (Academie  de Police).  In view  of
the increasing numbers of persons held for longer periods of time in  police
detention centres,  training of  police and  the elaboration of  appropriate
regulations  in  the  treatment  of  persons   in  police  custody  must  be
addressed.  Often in conjunction with  material and logistical deficiencies,
problems with  police conduct  remain.   Such problems  include breaches  of
basic discipline  such as  the non-wearing of  uniforms and  lack of  proper
identification  on  vehicles;  the  bearing  of  arms  while  off  duty; the
disproportionate  use  of force  in  carrying  out  police  duties; lack  of
experience  in the  legitimate  use of  firearms;  inappropriate  methods of
crowd  control;  and  insufficient  use  of  techniques  for  the   peaceful
settlement  of  disputes.    Disciplinary  measures  for  transgressions  by
individual police agents have, for the most part, not been forthcoming,  and
the prosecution system has been slow  to respond in establishing  individual
responsibility for instances of death or serious injury  at the hands of the
police.   Public confidence  in the  new Haitian  police has  suffered as  a
result. 


B.  The penal system

21.   The implementation  of an  internationally funded  programme of  penal
reform, begun in the spring of 1995, has resulted  in extensive improvements
in prison  conditions and the treatment  of persons  in detention throughout
Haiti.  Despite these improvements, conditions  of detention are still below
acceptable international  norms.  The penal  system has  also benefited from
the  creation  of an  independent,  civilian  National Authority  for Prison
Administration, the APENA (Administration penitentiaire nationale).  A  two-
week training  session was  held in June  1995 for  newly recruited  guards,
including  a selection of former  Haitian army personnel.  The efficiency of
the new Haitian police  has resulted in a marked increase in arrests, which,
together with judicial delays and the  tendency to imprison suspects pending
trial,  is  putting pressure  on the  prison  system  to handle  ever larger
numbers of  detainees awaiting trial.   Each  instance of  a prison  escape,
often made  easier  by  dilapidated prison  facilities, leads  to  increased
public concern  about the prison  system and its impact  on public security.

Efforts  are  being  made  to  speed  up  the processing  of  prisoners,  in
particular  in Port-au-Prince.   Moreover, a  circular is  being prepared on
the  prevention  of  unnecessary  arrests  and  measures  to  facilitate the
release of prisoners.

22.   Material  problems with  sanitation,  nutrition  and health  care also
remain.  In addition, the  imprisonment of  detainees in facilities intended
for persons in police custody hampers the  effectiveness of the penal reform
programme, which  deals exclusively with the  penitentiary system.   Despite
substantial improvements  in prisoner  registration,  achieved with  MICIVIH
assistance, numerous  pre-trial  detainees  still fall  in the  gap  between
prison  administration  and prosecution  authorities.    Possibly  owing  to
increased tensions arising from overcrowding, instances of ill-treatment  of
detainees, though still fairly sporadic, are on the  rise.  Further training
of guards  on the  proper scope  of their  functions, as  well as  necessary
improvements   in  internal   investigation   mechanisms   and  disciplinary
procedures, are  becoming  urgent.    The  elaboration  of  regulations  and
procedures relating to prison discipline is  also needed. Resources have yet
to be identified  for the creation of  facilities specifically for  the care
and treatment of  juvenile offenders, although  their separation from adults
has been, for the most part, secured.


C.  The judicial system

23.   It  is widely accepted that  the Haitian judicial system  is in urgent
need  of large-scale reform.   Important initiatives to  date, some of which
have been  implemented with  international donor  assistance, have  included
the setting up of the  Judicial Training College (Ecole  de la Magistrature)
in  July 1995,  providing  supplementary training  for  judicial  officials.
Additional  courthouses have been opened, basic equipment  has been provided
and a programme of rehabilitation and  construction of courthouses has  been
prepared.    In  addition,  a  decree   on  judicial  discipline  has   been
promulgated and  a large  number of  judges and  prosecution officials  have
been  replaced as part  of a  continuing process.  However, more fundamental
problems exist.  The  protection of human rights  through a judicial  system
is  predicated  on  the  independence and  impartiality  of  the  judiciary.
Although  the  Haitian   judicial  system   is  conceived  as  a   separate,
independent entity of state power, it  has historically been subordinated to
the  executive.   Considerable  effort  is  still needed  to  instil in  the
judiciary a tradition of objectivity, independence and impartiality.

24.  Detention of  suspects under judicial investigation is the norm.  This,
combined  with   an  increasing  backlog  of   cases,  has   led  to  prison
overcrowding. Historically, low salaries - although increased in 1995  -have
led judicial officials to supplement their  income by teaching at  secondary
schools,  and have encouraged  a culture  of demanding  payment for judicial
services.  Chronic  understaffing, inadequate and crumbling facilities,  and
lack of basic equipment further exacerbate  the existing backlogs and damage
the prestige  of the  institution.   The  total lack  of any  form of  legal
assistance to  indigent  defendants makes  it virtually  impossible for  the
vast  majority to protect  their rights.  The use  of the French language in
the  courtroom  limits  the  ability  of   most  defendants  to  follow  the
proceedings.   There  is, consequently,  little public  confidence that  the
Haitian  judicial system can  either bring  criminals to  justice or protect
individuals' rights.


            V.  PROPOSED PROGRAMME COMPONENTS SHOULD THE MANDATE OF THE
                INTERNATIONAL CIVILIAN MISSION BE RENEWED

25.   Taking into account the  foregoing evaluation  of institutions charged
with protecting human rights and the  radically changed political and  human
rights situation, the responsibilities of MICIVIH  during a next phase would
consist of  two main  elements:  (a)  technical assistance in  the field  of
institutionbuilding   based   on   the   observation   and   evaluation   of

institutional  performance and  reforms with reference to  human rights; and
(b) the  development of  a programme  for  the promotion  and protection  of
human  rights.   The following  is a summary  of the proposed  main areas of
responsibility.


A.  Institution-building

26.   The MICIVIH contribution to  institution-building would  be to provide
technical  assistance  to government  and institutional  bodies in  order to
consolidate mechanisms for long-term human rights  protection in Haiti.   It
would  aim  to  identify  human  rights   problems  within  the  legal   and
institutional  system and  to collaborate  in the  formulation  of solutions
through  reforms   or  through  the  correct   use  of   existing  laws  and
institutions.   The programme  outlined below  builds on  elements that have
already  been initiated  by MICIVIH and  proposes other areas  that could be
developed.


1.  Cooperation with police institutions

27.   MICIVIH would build on  the work it has  already started  with the new
Haitian  National  Police,  its  aims  being,  inter  alia,  to  improve the
protection  of  detainees  in  police  custody;  to  eradicate  problems  of
inappropriate police  conduct  that  have  already been  identified  in  the
field; to strengthen mechanisms of accountability;  to develop among the new
police  an awareness of  human rights issues related  to police conduct; and
to  strengthen the investigative  capacity of  the HNP.  This  would be done
through consultations with  the Ministry of Justice, including the Direction
generale de  la  Police nationale,  the  Inspection  generale de  la  Police
(responsible for conducting inquiries into complaints and  reports of police
abuses),  the  Brigade  d'enquetes  criminelles,  and  regional  and   local
branches of the police, and with the judiciary. 

28.   MICIVIH would continue to  participate in the  training of police,  at
the national Police Training Academy (Academie  de Police), and possibly  at
a local level, on issues such as the international standards regulating  the
use of force and  firearms; respect for human rights during arrest and  pre-
trial detention;  human rights standards for  search and  seizure and lawful
crowd-control measures; and human rights considerations for police  command,
management  and  control. Training  in  methods  of  criminal  investigation
according to  international human rights  standards could also be developed,
including the collection and use of forensic evidence.


2.  Cooperation with penal institutions

29.    MICIVIH  began  its  involvement  in  penal  reform  in  late   1994,
collaborating with the Crime Prevention and  Criminal Justice Branch of  the
Secretariat and the United Nations Development  Programme (UNDP) to draw  up
and  implement a reform  project to  create a  civilian penal administration
system, to  train prison guards, to  renovate certain  detention centres and
to establish a  prison registration system.  Much  of that programme is  now
under way.   It is  envisaged that MICIVIH  would continue  to work, through
contacts with APENA  at both the national and  local levels, in the areas of
prisoner  registration and  prison guard  training, and  would contribute to
the  development  of  internal  regulations   (in  particular  in  terms  of
investigating  reported excesses by prison guards and  the administration of
appropriate  sanctions  in  such  cases),  as   well  as  rules  on   prison
discipline.   It could also focus on ways of improving communication between
judicial and prison  authorities in order to  speed up legal proceedings and
reduce the risks of prolonged pre-trial detention.


3.  Cooperation related to the administration of justice

30.   Cooperation related  to the  administration of  justice would  involve
assistance to a number of different bodies, including the following.

Ministry of Justice

31.  Cooperation would consist  of advice on  legal measures to be taken  in
order to  improve  human  rights  protection through  the  criminal  justice
system (for  example on issues such  as juvenile  justice, crime prevention,
speedy  trials  and non-custodial  measures);  the  training  of  government
officials on  human rights treaty  reporting and international  obligations;
and cooperation  with the Commission de la Refonte des Codes (the Commission
set up to revise and update the various legal codes). 

Legislature (Assemblee nationale)

32.   Cooperation by  MICIVIH directed  at lasting  improvements to  Haitian
legislation and  legislative practice  should be  extended  to the  relevant
parliamentary committees, for example, the Legislative Reform Committee  -to
provide assistance in bringing relevant domestic  law (i.e. the Penal  Code,
the Code of Penal Procedure and the penal regulations)  into conformity with
international human rights standards and  with the Haitian Constitution; the
International Treaties  Committee -  to assist  in addressing  the issue  of
ratification of  and accession  to international and  regional human  rights
treaties  not  yet ratified  by  Haiti  (including  United  Nations and  OAS
conventions against  torture,  and  the  Optional Protocols  to  the  United
Nations International  Covenant  on Civil  and  Political  Rights); and  the
Human  Rights Committee -  to make recommendations on  the programme of work
and on specific subjects as they arise.

Courts and Prosecutors' Offices (Tribunaux et Parquets)

33.   MICIVIH would provide  assistance to the  Courts and the  Prosecutors'
Offices to facilitate their understanding of  the protection of human rights
through  the correct application  of procedures  of criminal prosecution and
to provide  guidance on the implementation  of judicial reforms.   Its other
main area  of assistance would involve  the training  of judges, prosecutors
and clerks on human rights issues related to the administration of  justice,
using both existing legislation and appropriate international standards  for
human rights.   It would also  include reference to forensic  and scientific
expertise.

 Human Rights Ombudsman (Office de la Protection du Citoyen)

34.   This office, created  by decree in  September 1995, has  not yet  been
established.   MICIVIH could  assist in  its development.   Other bodies  to
which  MICIVIH could give  technical assistance include bar associations and
non-governmental  legal aid  organizations,  in particular  with  regard  to
legal defence  work and the establishment  of a  legal assistance programme,
and faculties of law,  regarding the incorporation  of human  rights-related
legal issues into school  curricula.  MICIVIH would also be in a position to
assist in  the establishment of  a public  defender's office, should  such a
body be created.

4.  Cooperation with health-related institutions

35.   MICIVIH  has already  had extensive  experience in  the field  of  the
treatment and rehabilitation  of victims of  human rights  abuse as well  as
the  medical  documentation  of  human  rights  violations.    In  order  to
strengthen  institutional support  for victims  of human  rights abuse,  the
Mission could  provide technical  assistance to  the appropriate  ministries
and also  non-governmental organizations  on these  issues:   advise on  the
incorporation  of  human   rights-related  aspects  of  medicine  into   the
curricula  of medical  and nursing  schools;  assist  in the  development of
training  for public  mental health services on  human rightsrelated issues;
and  facilitate  the   establishment  of   a  structure  charged  with   the
rehabilitation  and  social   reintegration  of  victims  of  human   rights

violations.


            5.  Possible cooperation regarding institutional follow-up
                to recommendations of the Truth and Justice Commission
                (Commission nationale de Verite et de Justice)

36.   At the time  of writing, the recommendations of  the Truth and Justice
Commission are  not yet known.   They  are expected  to be submitted  to the
Government at the end  of January 1996.  MICIVIH  would be able to offer its
collaboration on  any institution-related  follow-up that  falls within  its
mandate.


B.  Protection through the promotion of human rights

37.  The  programme would promote basic human rights, tolerance and peaceful
conflict-resolution, as  well as  an understanding  of the  responsibilities
and   role   of  the   citizen,  the   State  and   democratic  governmental
institutions. Programme  activities would  emphasize education,  information
and technical assistance to targeted groups  and associations and would  pay
particular  attention  to  the needs  of the  most  vulnerable groups.   The
training programme  for trainers in civic  and human  rights education begun
by  MICIVIH would  be  expanded substantially  to  involve  non-governmental
organizations working  in adult education,  elected government officials  at
all  levels,  popular  and  peasant   organizations,  women's  associations,
religious  institutions and  the formal  education  sector.   MICIVIH  would
sponsor and participate  in seminars and other forums on aspects of women's,
children's and workers'  rights, as well  as on the role of  the police, the
judiciary  and  the prison  system.    MICIVIH  would  also prepare  printed
material,  audio  and  video tapes  on  human  rights  issues, international
standards  and  civic  education  for  distribution  to  the  press,   state
institutions,  civil  society  and  specially  targeted groups.    It  would
translate  into Creole the  main international  human rights instruments and
distribute them as widely as possible.


Cooperation with ministries and other government bodies

38.   MICIVIH would offer  technical assistance  to the Ministry  of Women's
Affairs  in  reforming   legislation  affecting  women  and  in   developing
campaigns against violence and in favour of women's rights;  to the Ministry
of Social Affairs  in reforming legislation concerning children,  developing
campaigns for children's rights and protecting  children from abuse; to  the
Ministry  of Education  in developing  human rights  curricula and  training
teachers  for schools  at  every  level;  to  the  Office national  pour  la
Migration  in  protecting  the  rights  of  former refugees  and  internally
displaced persons and other Haitians forcibly  returned from abroad; and  to
the Ministry of Agriculture (through the  Organisme pour le Developpement de
la  Vallee  de  l'Artibonite  and  the  Institut  national  pour  la Reforme
agraire, in  facilitating the  resolution of  land conflicts through  peace-
promotion techniques.


             VI.  RELATIONS BETWEEN THE INTERNATIONAL CIVILIAN MISSION
                  TO HAITI AND THE UNITED NATIONS MISSION IN HAITI

39.   MICIVIH operations have been facilitated by  its smooth relations with
UNMIH, with frequent consultation, coordination and exchange of  information
taking place at  all levels of  both Missions.   MICIVIH  continued to  work
closely with  the  civilian police  component  of  UNMIH in  monitoring  the
conduct  of the  HNP  in the  area  of human  rights  and in  observing  the
performance of  the recently established cadre  of corrections officers,  as
well as conditions of detention.

40.    The  administrative  component  of  UNMIH  has  helped  meet  MICIVIH

requirements  by   providing  a  full   range  of  administrative   services
pertaining to  personnel, procurement,  finance, transport,  communications,
logistics,  movement  control,  general  services,  management  information,
security,  building management  and  engineering.   Additional  support  was
provided at  times of  increased activity,  during the  period of  electoral
observation  for instance.   Outposted  UNMIH administrative  officers  have
provided similar  support to MICIVIH elements  in their  areas of operation,
in addition to  their functions in support  of military and  civilian police
personnel.    The  Air  Operations  Section  of  UNMIH  has  facilitated and
provided  transportation on  scheduled  flights for  MICIVIH  personnel  and
equipment to all locations within the Mission area.


VII.  OBSERVATIONS AND CONCLUSIONS

41.  It is  clear that the human  rights situation has improved dramatically
as  a result  of  the reforms  initiated, including  the replacement  of the
Armed Forces by new institutions such as the  civilian police force and  the
civilian penal  administration, as well as  the efforts  of the authorities,
timid though  they  may be,  to  uphold  accountability.   However,  serious
weaknesses remain in  both the old  and the  new institutions  on which  the
protection of  human rights  rests. This  is the  area on which  MICIVIH has
placed emphasis since its redeployment in October 1994.  It is also in  this
area  that  the Mission,  because  of  its  extensive  field experience  and
expertise,  can  continue  to   make  a  significant   contribution  to  the
consolidation of key structures charged with respect of human rights and  to
the deepening of the incipient democratic process.

42.  In  my previous report to the  General Assembly, in which I recommended
an extension  of the mandate  of MICIVIH until  7 February  1996, I observed
that in so doing  I had indicated  to the Government of Haiti that  it would
be important that any request for a further extension of the mandate  beyond
that date  be received  in  time for  the General  Assembly  to  be able  to
consider it under the  item entitled "The  situation of democracy and  human
rights in  Haiti" at  its fiftieth  session.   After  consultation with  the
Secretary-General of the Organization of American States, who had  expressed
his readiness  for a continued  MICIVIH presence in  Haiti after 7  February
1996, I stated my  intention, upon receipt of a request from the  Government
of  Haiti, to  formulate  a recommendation  to the  General Assembly  for an
extension  of the mandate  of MICIVIH.   As  mentioned at the  outset of the
present report, the  General Assembly responded by expressing its  readiness
to extend the  United Nations component  of MICIVIH beyond  7 February  1996
upon my recommendation and  at the request of  the Haitian authorities.  The
present report was drawn up in the expectation that the Government of  Haiti
would, as had  been indicated,  make such  a request.   No such request  had
been received  at the  time the  present report  went to  print.   I am  not
therefore in  a position to recommend  at this point,  that the mandate,  as
outlined  above, of  the United  Nations  component  of MICIVIH  be extended
until 31 August 1996.

43.  I  am, however, obliged to point out  that, given the decisions on  the
programme budget for the biennium 1996-1997  adopted by the General Assembly
in resolution 50/215  of 23 December  1995, and given  the cash-flow  crisis
that continues to  afflict the Organization, it  would be necessary for  the
General  Assembly to  appropriate additional  funds  to  cover the  costs of
MICIVIH for this further mandate period and for there to be assurances  that
those  funds   would  be  made   available  in   the  necessary  time-scale.
Meanwhile,  I am  taking the  necessary administrative  measures  that would
enable  me to  respond, as  appropriate, should  a request  be made  by  the
Haitian authorities.

44.   In submitting the present  report to the General  Assembly, I wish  to
express my appreciation  for the  excellent and  creative work  done by  the
Director of the Mission  and his staff in carrying out the mandate entrusted
to them.

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Date last posted: 18 December 1999 16:30:10
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