Is Haiti’s Justice System Up to the Test?

Former Haitian dictator Jean-Claude Duvalier (Photo Hector Retamal/AFP/Getty Images

Former Haitian dictator Jean-Claude Duvalier (Photo Hector Retamal/AFP/Getty Images

By Javier Zúñiga, special advisor at Amnesty International. 

Bringing to justice current or former heads of state is always complicated – in both legal and political terms. But it is possible. Time and again, former dictators and human rights abusers have been tried and convicted in countries across the world.

But in Haiti, where the judiciary still suffers from structural deficiencies inherited from the dictatorship years, bringing former President Jean-Claude “Baby Doc” Duvalier to justice over his alleged responsibility for crimes such as torture, killings and disappearances during his time in office is proving particularly challenging.

The former leader showed contempt for the justice system and victims by failing to appear at two previous hearings for his alleged involvement in those crimes. On February 21, he is due to appear in court again. Yet the backdrop to the case sees Haitian authorities showing little real interest in pressing for Duvalier to be held accountable for his actions. Indeed, in several public statements, President Michel Martelly has hinted at pardoning Duvalier. Meanwhile, the former Haitian leader has continued to take part in public events, despite having being placed under house arrest while charges against him are investigated.

SEE THE REST OF THIS POST

Rally Echoes Congolese Plea for Help

Amnesty International activists urge the US government to support the UN peacekeeping mission in the DRC. White House, November 23 (c) Msia Clark

Amnesty International activists urge the US government to support the UN peacekeeping mission in the DRC. White House, November 23 (c) Msia Clark

Rallying in front of the White House on November 23, I joined over 100 activists in expressing our concern for Congolese civilians, as armed groups turn their homes into a battlefield. Three messages continue to stand out in my mind: Protect the People! Stop Violence against Women! and No Child Soldiers!

Amnesty International USA organized this event in response to the humanitarian and human rights emergency in the Democratic Republic of Congo, calling on the United States to follow through with their support of a new UN Security Council Resolution  by delivering the needed troops and equipment. The resolution passed unanimously, showing all nations understand how crucial the success of the UN peacekeeping mission is to bringing the killings, rape and abduction of children to a halt.  Now, these countries must follow through with their commitment by providing troops and equipment.

Days before the resolution, 44 Congolese NGOs wrote a letter requesting the UN Security Council and international leaders immediately supply troop reinforcements. The message that was consistent throughout their letter was that words of concern are not enough. They exclaimed, “Diplomacy always takes time, and we understand this, but unfortunately we do not have time. The population of North Kivu is at risk now; with each day that passes, more and more people die”.

The desperation is clear on the faces captured in the photos taken by reporters in the crisis region. If the troops are not on the ground and properly equipped, the UN’s resolution will be meaningless.

New Prez, How to End Impunity for Military Contractors

This week, Human Rights First (HRF) issued a report, “How to End Impunity for Private Security and Other Contractors: Blueprint for the Next Administration“.

The report helpfully encapsulates many of the calls for better oversight, monitoring and accountability that HRF, Amnesty International and others have been calling for with regard to companies, like Blackwater, Titan, KBR…, whose personnel have engaged in human rights abuses from rape and torture to killing, with impunity.

It also posits some fresh ideas into the conversation, such as extending the Freedom of Information Act (FOIA) to these companies and reforming state secret and other privileges that often get in the way of justice for victims.

However, the report suffers from an oversimplification, with an implied reference to fossilized examples as representative of the scope of the problem. In this sense, it feels like a recycled agenda from a “multi-stakeholder” conference. 

We should be working together to progress most of the recommendations in the report, but a few things should not be sacrificed in the name of appearing practical: human rights abuses should be prosecuted because we don’t tolerate them, period, not just because they foster hostility toward us and undermine military missions; the US shouldn’t consider whether to ban contractor roles in rendition, it should prohibit any role in rendition, which is illegal; UCMJ application to company personnel shouldn’t be revised, it should be repealed — why should we potentially subject the entire world (the result of subcontracting of third-country nationals) to the US military justice system?

Finally, let’s tell it like it is: many companies that provide services directly or indirectly to military operations shun “military” as part of an identification of their industry, instead often preferring “security” contractor or provider which sounds more benign. With few exceptions, HRF’s report should make them happy. Even its title does not mention the word military.