US embassy cable - 05PORTAUPRINCE1226

UNCLAS PORT AU PRINCE 001226 
 
SIPDIS 
 
SOUTHCOM ALSO FOR POLAD 
WHA ALSO FOR USOAS 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, HA, Human Rights 
SUBJECT: HAITI: IACHR ASSESSMENT ECHOES OUR HUMAN RIGHTS 
CONCERNS 
 
1. Summary.  The InterAmerican Commission on Human Rights 
(IACHR) recently concluded a mission to assess the human 
rights situation in Haiti in the run-up to elections this 
year.  The Commission issued a release at a press conference 
on April 18 calling for greater action from the international 
community and the Haitian authorities to address the crucial 
issues of insecurity and the deficiencies of the justice 
system.  An official report of their visit is forthcoming, 
but the Commission's initial assessment appears to be a 
balanced evaluation of the human rights situation in the 
country.  It makes clear that the IGOH is not orchestrating 
human rights abuses, but calls on the Haitian authorities to 
do more to address violence and alleviate the backlog of 
prisoners awaiting trial.  End Summary. 
 
2. The IACHR conducted its first visit of the year to Haiti 
from April 18-22.  The Commission met with President 
Alexandre and Prime Minister Latortue,judicial sector 
officials, the leadership of the Haitian National Police, the 
provisional electoral council, MINUSTAH officials, civil 
society members and NGOs.  The Commission solicited and 
received a number of petitions from Haitians alleging human 
rights abuses.  At the start of the visit, the Commission 
conducted a training seminar on the Inter-American human 
rights system for government officials and laid the 
groundwork for the establishment of an interministerial 
working group to coordinate the government's human rights 
responsibilities. 
 
3. The Commission's stated focal area was the absence of 
control over security since its last visit to the country in 
September 2004.  Members of the Commission cited information 
collected during and prior to this visit indicating thousands 
of weapons in the hands of illegally armed groups and gangs. 
It concluded that the lack of a comprehensive disarmament 
program and a severely understaffed and poorly-equipped 
police force helped create an environment where an estimated 
600 people, including 19 police officers, had been killed in 
acts of violence since September 2004.  That estimate comes 
from the Justice and Peace Commission which regularly surveys 
the hospitals and morgues to track violence-related deaths. 
The IACHR noted recent successes of MINUSTAH and HNP 
cooperation, but emphasized that those efforts need to be 
expedited and expanded to ensure that election preparations 
and the elections themselves succeed. 
 
4. The Commission said that the security situation had been 
exacerbated by the poorly-functioning judicial system, citing 
the December 2004 prison riot and the February 2005 prison 
break as examples of the correlation.  It stressed the 
obligation of the Haitian state to end impunity for human 
rights abuses by adhering to "fair and effective judicial 
procedures." Drawing on figures obtained from a November 2004 
report of the Office of Human Rights Ombudsmen, the IACHR 
said that in the entire country, only 9 out of 1,054 inmates 
had been convicted of a crime.  The Commission called for the 
government to take urgent measures necessary to guarantee the 
right to due process for all detained persons and to have the 
cases judicially reviewed in accordance with domestic and 
international law. 
 
5. The IACHR noted that the volatile security situation 
continues to pose dangers for human rights defenders and 
members of the media and urged the Haitian government to take 
concrete steps to prevent acts of this nature, including the 
investigation and prosecution of complaints of such acts. 
The Commission commended the national dialogue process and 
urged Haitians from all political groups to move beyond 
confrontation and toward reconciliation for the future of the 
country. The Commission also mentioned that civil and 
political rights for all Haitians cannot be achieved until 
the social and economic problems of the country, like poverty 
and illiteracy, are addressed. 
 
6. Comment: The initial report of the IACHR's mission to 
Haiti paints a fair and accurate picture of the current human 
rights situation.  The Commission correctly lays no blame on 
the state for orchestrating abuses, but does implicitly 
criticize the government for not doing more to prevent, 
investigate, and especially prosecute acts committed in the 
country, regardless of the perpetrator.  The Commission's 
findings parallel our approach on the human rights front and 
we will continue to press the IGOH to make advances on 
security and judicial reform. 
FOLEY