Global Policy Forum

Excessive use of force by police officers continued and there were reports of extrajudicial executions. No proper investigations were carried out, reinforcing the climate of impunity. Unlawful killings and kidnappings by illegal armed groups escalated, exacerbating political tensions ahead of elections. Clashes between UN soldiers and illegal armed groups continued throughout 2005. Violence against women persisted and officials failed to take adequate steps to prevent and punish it. The justice system remained dysfunctional and scores of people remained imprisoned without charge or trial. Impunity for past human rights violations prevailed.

Background

2005 was marked by instability and violence, particularly in Port-au-Prince, the capital. The large quantity of small arms in circulation fuelled criminal activities and human rights abuses. The number of kidnappings for ransom increased dramatically with over 1,000 cases between March and December. All sectors of society were targeted, along with foreign nationals. Among the victims was one of Haiti's best-known journalists and poets, Jacques Roche, who was kidnapped and murdered in July. Many children were abducted to extort money from their parents. At least 20 Haitian National Police (HNP) officers were arrested for taking part in kidnappings.

The security situation improved generally across the country, although armed gangs in the capital, particularly in the Cité Soleil district, continued to defy both the HNP and soldiers from the UN Stabilization Mission in Haiti (MINUSTAH). Clashes between armed gangs and MINUSTAH military and HNP officers continued throughout 2005 – most of those killed and injured were unarmed civilian men, women and children, although several gang leaders were also killed. Reports of unlawful killings, rape, extortion and arson continued to be frequent in the impoverished neighbourhoods controlled by armed gangs.

MINUSTAH had its mandate extended until February 2006 and its strength increased to more than 8,000 military personnel and UN police officers. In March, MINUSTAH forces reclaimed two police stations in Petit Goí¢ve and Terre-Rouge that had been occupied since 2004 by former officials of the Haitian Armed Forces (FADH), disbanded in 1995, and former rebels. MINUSTAH acknowledged responsibility for the deaths of civilians during military operations carried out in Cité Soleil in July.

In April, Remissainthe Ravix, the self-proclaimed leader of the demobilized armed forces, was killed in a clash with police. Disarmament of the ex-FADH officers and former rebels was not implemented by the end of 2005. Former members of the FADH pressed the interim government to pay them compensation for their demobilization in 1995 and to reinstate their pension fund. The interim government agreed to pay US$28 million in compensation to the ex-FADH officers, without making the payment conditional on implementing a disarmament and demobilization programme. In addition, hundreds of ex-FADH officers were incorporated into the HNP without proper vetting of their past human rights record.

Delegations from the UN Security Council and the Inter-American Commission on Human Rights visited Haiti in April. Both delegations raised concerns about the human rights situation. The UN Security Council strengthened MINUSTAH's mandate to give it a more vigorous role in professionalizing the HNP, after numerous reports of human rights violations by police officers. In June the Minister of Justice resigned and the Director of Police was dismissed after criticism from the international community over the administration of justice and the failures of the HNP to comply with international standards of policing.

Local, legislative and presidential elections were initially scheduled for October and November but were postponed on four occasions until early 2006. Shortcomings in organizing the ballot and delays in registering more than 4 million potential voters, particularly those living in impoverished neighbourhoods and rural areas, gave rise to serious concerns over the capability of the interim government and the Provisional Electoral Council (Conseil Electoral Provisoire, CEP) to organize the elections according to international standards. The CEP endorsed 43 political parties and 35 presidential candidates, only one of them a woman.

There was continued concern about the independence of the judiciary after the interim government dismissed five members of the Supreme Court following their decision to allow a candidate with US and Haitian nationality to stand for president.

Violence against women

Gender-based violence, in particular rape of women by gang members, was reported increasingly frequently in impoverished neighbourhoods of the capital.

Long overdue reforms to the Criminal Code to address flaws in the criminalization of gender-based violence, including rape, were finally introduced in October by a Presidential decree. Under the amended Criminal Code rape was defined as a criminal offence – previously it was considered a moral offence – punishable by up to 10 years' forced labour. However, the majority of rapes were not reported to the authorities for fear of reprisal or because of lack of confidence in the authorities and the justice system. The interim government failed to combat the culture of tolerance of violence against women and to provide assistance for victims of sexual violence.

Killings and attacks by illegal armed groups

Illegal armed groups or gangs killed dozens of civilians. Twelve police officers were also killed during 2005. Gangs allegedly supporting former President Jean-Bertrand Aristide committed most of the killings. Inter-gang warfare decreased after a gang leader linked to the Lavalas opposition was killed in February.