| MINUSTAH | UNITED NATIONS Mission United Nations Stabilization Mission in Haiti |
PRESS BRIEFING BY UNITED NATIONS HAITI
Hosted by Vincenzo Pugliese, Deputy Spokesman of the Mission, with the invited Mr. Michel Forst , Independent Expert United Nations on the situation of human rights in Haiti.
INTERVENTION Vincenzo Pugliese, DEPUTY SPOKESMAN FOR THE MINUSTAH
Hello to you all and thank you be with us for this weekly appointment with the UN Mission for Stabilization in Haiti. I want to commend all of MINUSTAH FM listeners who follow us live broadcast on the radio, on national territory. We now the honor of having as a guest with us, Mr Michel Forst, United Nations Independent Expert on the situation of human rights in Haiti, which is on a mission in Haiti for several days.
I go immediately to Mr. Forst, who will explain the object of his visit.
INTERVENTION MICHEL FORST, UNITED NATIONS INDEPENDENT EXPERT ON THE SITUATION OF HUMAN RIGHTS IN HAITI
Michel Forst : Hello everyone. First pardon for having pushed a little schedule the press conference. This is due to a last minute change to an appointment with President Preval, who must travel outside the country and asked that the appointments originally scheduled for this afternoon or late this morning.
I end this week, Sunday Specifically, the 7 th mission in Haiti, the 7 th since I was appointed as Independent Expert United Nations on the situation of human rights in Haiti. And as each mission, I wanted to meet the press and media to share with you some initial observations, some initial recommendations, observations will be essential to locate the main structure of the report I presented the June next to the Council of Human Rights United Nations in Geneva.
You know I hold that the mandate covers all human rights because they are interdependent, and civil rights political, economic, social and cultural rights. Since my appointment, I have consistently argued in Haiti that places a regulatory to economic, social and cultural as they are at the heart of the aspirations of the Haitian people, and especially since the January 12, and cholera have made much more difficult life than leading the people.
In my meetings in the camps, I was talking about housing, need work to feed the family, conditions for the care of sick children and the elderly. I was told that the cost of the tuition does not allow children to attend school. I hear about the poor quality of education. All these are many economic and social rights contained in the Universal Declaration of Human Rights and remain for thousands of Haitians and Haitian dream that seems unreachable. Now we must move from a logic of providing humanitarian assistance to a real logical access rights. Yet the dream had brushed Prime Minister Jean Max Bellerive at the donor conference, the vision of a new country, a country of justice and liberty can stay in a dream at the risk of aggravating the country's insecurity and political instability that often lead to chaos and brutality.
My mission had three main objectives. First make the evaluation of the implementation of certain recommendations contained in my reports, especially in the field of justice, police and prison.
second objective is the assessment of the humanitarian response but pronounced in terms of rights. What place has actually been given to human rights in the international community's response to the humanitarian crisis?
Third goal: start looking at the future that is the reconstruction by offering the government of Haiti and also states that sit on the Interim Commission for the Reconstruction of Haiti to include in their strategy, their plan of action, the right approach to try to influence the Commission's work better taken into account human rights.
I will not detail it all here today, time is running out. I would just like to highlight some salient points and then respond, if you have, to some of your questions.
First in the field of justice, I will be brief today because I can only repeat what I write in my reports and wrote as Louis Joinet My predecessor, in these previous reports. I reiterated to President Préval, I reiterated to the Prime Minister, the Minister of Justice. All the elements are there. The long-awaited reform of justice has been written. It was passed by Parliament during the vote of three laws on the reform of justice, but it was in 2007. The law is there, but it can not enter into force as the key to reform, one that can run the engine has not been used. You know, this is the key appointment of the President of the Court of Cassation, the keystone of the edifice.
I turn now to the two candidates the presidency by reminding them what to do with politics, it also send signals to the public to indicate routes to follow and I believe many Haitians await the signal to launch the reform of justice. I also expect both candidates to speak out clearly without further delay the appointment of the President of the Court of Cassation.
I turn now to the two presidential candidates reminding them what to do with politics but also send signals to the population , and I think many are waiting for the signal the launch of the Justice Reform , must appoint without delay the President of the Court of Cassation.
As in each of my visits , I visited prisons , the women's prison in Petion-Ville , Prison, Cape Town and here too I do can only repeat what I said in the past. Overcrowding , and particularly because of prolonged pretrial detention , constitutes cruel, inhuman and degrading , under the Convention against Torture.
In the area of infrastructure , much has been done by the Haitian government and the international community , and I pay special tribute to the ICRC's work in this area . But much remains to be done for the country to experience a normal situation , in which the prison is deprivation of liberty , but the continuation of other rights. I also hope that we can all , as is the case in Cap-Haitien , separate defendants and inmates to prevent the prison became a school for crime.
In the area of humanitarian crisis , I would first like to reiterate my admiration for the work that was done to meet immense needs and challenges posed by the succession of disasters to which the country faces. And while exact numbers are sometimes unreliable , although one can question the statistics given , no dispute that the response was of a scale and of extraordinary quality, I feel like repeat it again. We are now in an intermediate phase of the humanitarian response , it will move to the next phase is rehabilitation and development.
And in this regard, I would like to remind that not only assistance we are talking , but rights proclaimed. Water , housing , access to care are not only services , these are fees and I wish we now engaging in the necessary way to ensure that , beyond the humanitarian crisis , these rights will be well secured. I recalled in this connection that it is urgent that Parliament ratifies the International Covenant on Economic , Social and Cultural , to enter progressively in this new dynamic access to all the rights , including the rights proclaimed by the pact.
The situation of children I am very concerned with the proliferation of orphanages undeclared , allegations of trafficking and illegal adoptions and have urged the government to sign and ratify without further delay the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
In the field of reconstruction, I would , like many Haitians , we remember the vision presented by the Prime Minister at the donor conference in February 2010 , "a fair society , justice and solidarity where the rule of law , freedom of association and expression are established , a country where all basic needs of the population are met and managed by a unitary state , strong , guarantor of the general interest , highly decentralized ones. ". And I feel that many feel that what the Interim Commission not to meet the needs , many do not feel represented , many do not understand the meaning of the succession of projects submitted and which readability and consistency are difficult to grasp. I suggested to the Prime Minister and a few governments who sit at the table of the Committee to consider a new approach , a rights approach to reconstruction, which could recast the strategy and action plan. So that people understand that the purpose of the construction is to guarantee them the rights they have so long been deprived.
The second signal is that I expect the fight against impunity , and I'm worried that the impunity of perpetrators of violence against women continues be the rule, despite all efforts by the authorities and the international community to fight against the phenomenon. It is shocking to see the perpetrators of rape and sexual assault remained unpunished, while women have complained , that the authors are known , but are not pursued by justice and come threaten or taunt their victims .
The fight against impunity but also allow victims and families of victims to obtain redress and it is a way to show the public that crimes will not unpunished, especially when they were committed by those responsible for law enforcement or state officials. In this regard, I expect that opens Soon the trial of those responsible for massacres of Les Cayes prison in January 2010. The International Commission of Inquiry submitted its report to the government several months ago and now need to open the trial. I asked the Prime Minister yesterday and the Minister of Justice today to ensure that the trial be held.
The fight against impunity is also to courageously turning to its past to face the eyes of victims waiting for so long repair of the crimes they accuse the most senior politicians. "Torture , murders, executions , disappearances, crime against humanity ", these were the words spoken against former President Jean-Claude Duvalier by victims or families victims.
It is not my right to say or speak in place of Justice, it is not my role. But it's my role to remind the demand for justice and the need to fight against impunity. You know that the High Commissioner for Human Rights UN has made an offer of service in the case of Jean-Claude Duvalier , to provide legal expertise , but also the experience of other countries facing similar situations. You know that the Government accepted this proposal, which is now entering the phase of development of options to follow.
For my part, I do not want to favor any particular option , but simply recall that it would probably not healthy to avoid any. I wish first of all that we examine carefully the legal process , that completely explores all possibilities of the Haitian criminal code , and that it does not rule out a simple backhand opportunities that exist. But we must also turn to the relevant provisions which exist in international law , including the jurisprudence of the Inter-American Court which is part of the Haitian State. But , beyond judicial means possible , it will also go further , do a dissertation , draw on the work of African American or Latin with the fact-finding commissions , think about the education of young people about the crimes of the past, and all this work on the country's future.
Thank you for your attention and I am at your disposal to answer your questions.
Vincenzo Pugliese : Thank you very much Mr. Forst. I now open the session of questions and answers:
Questions - Answers
Question 1: Mr. Forst! To the list of concerns and criticisms against President Rene Preval, the latter time, adds a final element is the arrest on February 7, dismissed several employees of public administration. Because they have demanded their reintegration into public administration. You have been with President Preval this morning. Are you talking about this and what was his answer, and so far the court has not ruled on that. Some say they are political prisoners, what is your reading on this issue?
Michel Forst (Independent Expert): This is not an issue I discussed with President Preval, to be clear. I have not addressed other individual circumstances that Jean Claude Duvalier. I have no specific information on the file and I have only received second hand information. If you have any information I provide on this issue I will examine with great intentions, but I am unable to comment at this time.
Question 2: You have to make recommendations to President Préval over the case of Jean Claude Duvalier. Of course, you mentioned earlier that the UN has made the disposal of the Haitian State experts on this issue. What are these recommendations? And what was the response, the approach of President Préval on this issue. Does it provide an assurance that the state will abound in the sense that being said, we must create a special court to try and make progress on the former dictator Duvalier?
Michel Forst (Independent Expert): As I said just time, a letter was sent by the High Commissioner to President Préval, who has responded favorably. For now we're at the stage of formulating proposals. What I can say is that President Preval has reiterated this morning his agreement to work with the international community and the UN, but for now there is no concrete proposal and I am not the representative of the High Commissioner, I am the independent expert, I work with the United Nations offices, and I now leave the work to organize the most normal.
That is to say that there will then discussions with the representative of President Preval to see how some of the proposals will be accepted. I simply repeat what I wish: that one does not rule out any options and all options are to work together. I think that in the fight against impunity, we must know not only address issues on the judicial level and in terms of memory. And I told how, with the experience of other countries, we can move on folder.
Question 3: Hello, my name is Ralph Henry. I work for Alter-press, is still on the back of Duvalier. These lawyers are prescription, which would mean that we can not really judge Sir now, because the law speaks of crimes against humanity was passed after the governance of Sir. Is this the case of limitation may have a value in the trial of Mr. Duvalier?
Michel Forst (Independent Expert): As I said, I think he must hasten to make statements. Often, lawyers make announcement effects, and this is part of the role of the lawyer to know to defend, to anticipate possible arguments of the opponent. For my part, I'm not going to decide this question here. I published a few weeks ago a press release in which I recalled that crimes against humanity and other crimes are barred, but I do not want not enter into a legal argument. I now leave the experts commissioned by the Office progress on the issue next to the team set up by President Préval.
Question 4: On many occasions you have asked and demanded the establishment of the Supreme Council of Judicial Power, that is not done, the President Préval did not hear your recommendations or simply did not take into account these recommendations. Now you are in the country. You spoke with him about this. What did he tell you? Is it because it is not interested? How he deals with this issue?
Michel Forst (Independent Expert): Well, it is not for me to reveal the secret discussions I can have on certain subjects at a world. Since the request was made in 2007, 2008, 2009, 2010, he did not want to do and he has advanced arguments, some arguments opportunities, others, the legal arguments. We question the validity of the appointment of the Court of Cassation, the arguments on which we can discuss, but the reality is there. Currently, at the end of his term, there is still no chair for this Court is the reason why I urged the two candidates, regardless of the outcome of elections, take early commitments to ensure that the engine of justice can finally start with the appointment of the President of the Court of Cassation, which is also the chairman of Supreme Council for Judicial Power, and therefore one that ensures the independence of the judiciary by the executive.
Question 5: Mr. Forst is what you believe from your previous mission in Haiti, the situation of people living in camps has improved or not?
Michel Forst (Independent Expert): Listen. The ones I met did not tell me that the situation has improved. Some spoke of degradation in the camps, but I do not think there is an appreciation that can be done in general on all sides.
I have not seen all the camps. I saw some informal camps, I also saw formal camps, camp managers I talked to, I talked with the committee, I met families and I am careful not to wear Opinion General on the situation in all camps.
I had you as the figures had been developed by MINUSTAH on a decrease in the number of people living in camps, displaced persons. I have no way to check whether the figures are valid. Many questions were raised by others on these figures there, but I find it difficult in a one-week mission to make an assessment on the entire country, knowing that we had one million three hundred thousand people displaced and, we Recently announced, the numbers had fallen to about eight hundred and ten miles.
Vincenzo Pugliese, Deputy Spokesman (MINUSTAH): East Do you have any questions for MINUSTAH?
Question 6: There were exchanges of gunfire yesterday evening in the area Cazeau, near a military contingent of MINUSTAH. What happened?
Vincenzo Pugliese (MINUSTAH): Yes, last night around 10:15, a group of armed men opened fire on the camp of Jordanian Cazeau. Jordanian soldiers retaliated and the exchange of fire lasted about twenty minutes. The gunmen fled the scene afterwards, but there were no deaths or injuries. An investigation, therefore, soon we will have more information we will share with you.
Question 7: But we speak of a death Sarte?
Vincenzo Pugliese (MINUSTAH): This information does not reach me. I consulted with the military and with the United Nations police and we did not have that information.
Question 8: Is it that there were exchanges of fire with the Jordanian soldiers, because according to the testimony of people living in the area, there were only shooting from the Jordanian camp?
Vincenzo Pugliese (MINUSTAH): I do not think Jordan will take without a reason. Eliane you want to add something?
Eliana Nabaa (MINUSTAH): The military has given us details now. It appears that there were bandits or gangsters who were chasing someone who was in a car and United Nations official who is a Haitian. He was chased by gangsters and in his flight he fell on the camp of Jordanian soldiers and tried to take refuge there. It was at this point that the bandits fired at the Jordanian camp, but particularly for the gentleman. The Jordanians were then returned fire and the gangsters have moved away. That makes a final precision that we just have our military colleagues.
Question 9: Your colleagues do not tell you that there were dead or wounded?
Eliana Nabaa (MINUSTAH): Our colleagues told us that there were no dead or wounded és . The attackers disappeared, and as said Vincenzo, an investigation was initiated to determine the exact circumstances. There are no dead or wounded, they are bandits who were chasing someone, this is not the Jordanian soldiers who fired into the air unilaterally. Thank you, I hope that's clear. I give the floor back to Vincenzo.
Question 10: What are the security arrangements for the second round th taken by MINUSTAH to support the HNP?
Vincenzo Pugliese (MINUSTAH): As you know, as has been If the first round, there is a security evaluation is done in all centers of the country votes to determine the risk level of each of these centers. This work gives rise to classifications centers red, green or orange, depending on their security situation, but also the distance of the centers of BECS or regional BEDS, because of logistical standpoint it should also deliver the election materials sensitive and non sensitive and collect as a result of the election day. So all this is part of the security assessment. This security evaluation has already begun. Anyway, if the voice of UNPol has something to add I let her speak. For the moment, as the first round, MINUSTAH ensure that all security arrangements are in place to support the HNP by UNPol and military components of the Mission.
Jean Francois Vezina, Spokesman of the Police (MINUSTAH) : To specifically address this issue, as was done in the first round election, we will proceed a bit the same way. That is to say, as explained Vincenzo is always a reassessment of the centers of votes according to the drop that we took after the first electoral round. Some centers have had problems voting, so we reassessed these polling centers there.
The revaluation is always with the same players, that is to say in the company of the BED people, people from OCI, people from the military component, police and people of the HNP. So this is what concerns surrounding the safety assessment centers to vote.
Then next week we will start by distributing the material in non-sensitive areas and we will move toward election day, March 20, where there will be a distribution of sensitive equipment and deployment of staff. At this point, we will inform you aprèssemaine weeks of deployment of our troops on the ground.
In light of the events of the first round, there was a setback, we reassessed what was done well, so well, and we will try to adjust according to our security problems that have been raised. By cons, at the troop increase, I can talk to the police component. Currently, there is a movement of troops, that is to say, people who leave the Mission and the people coming, and we will not increase significantly at this level.
We will have between 3000 and 3500 policemen will provide security during the second electoral round. And as I have explained, in the weeks to come, we will give you an account of a little more specific about the activity ed in terms of security surrounding the election period.
Vincenzo Pugliese (MINUSTAH): So we closed the briefing today. Thank you for coming I'll see you next Thursday.
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Contacts media:
Porte-parole: Sylvie van den Wildenberg - +509 3702 9042 vandenwildenberg@un.org
Porte-parole adjoint: Vincenzo Pugliese - +509 3702 6710 pugliesev@un.org
Accréditations/Relations media: Pierre Lamy - 3702 6709; Farah Adrien - 3702 6522 adrienf@un.org ; Judith Macaya - 38659344 josephj@un.org
SITE WEB MINUSTAH: http://www.minustah.org
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