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61. Building the Rule of Law in Haiti: New Laws for a New Era

Author:
Hans Joerg Albrecht, Louis Aucoin, and Vivienne O'Connor
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
USIP has been working with lawmakers and other reform constituencies in Haiti as they strive to reform Haiti's criminal laws that date back to the early 19th century. In March 2009, USIP commissioned two reports that were written by Louis Aucoin, a professor at the Fletcher School at Tufts University, and Hans Joerg Albrecht, the director of the Max Planck Institute of Foreign and International Criminal Law. At the request of Haitian lawmakers, USIP has also provided copies of the Model Codes for Post-Conflict Criminal Justice, a law reform tool developed by USIP's Rule of Law Program to assist in the drafting of new laws. From June 9 to June 11, 2009, USIP co-hosted a “Technical Workshop on the Modernization of the Criminal Code and Criminal Procedure Code” in Port-au-Prince, Haiti with the Haitian government and a number of international donors. The workshop brought together representatives from the Presidential Commission on Law Reform, the legal community and civil society, along with international organizations and donors, to discuss the problems with Haiti's criminal laws and how to improve them.
Topic:
Civil Society, Crime, Poverty, and Law
Political Geography:
Caribbean and Haiti

62. The Stabilization Process in Haiti: A Work in Progress

Author:
Hédi Annabi
Publication Date:
10-2009
Content Type:
Journal Article
Institution:
Council of American Ambassadors
Abstract:
When considering the progress of the stabilization process in Haiti and what is required for it to succeed, one is reminded of two Haitian folk proverbs. The first, Deyè mòn, gen mòn (beyond the mountains, there are more mountains), is a sobering comment on the reality that life includes many challenges, and that we must show patience, endurance and readiness to take them in stride. The second, men anpil, chay pa lou (where there are many hands, the load becomes lighter) is a more reassuring reminder that even when the tasks ahead of us seem most daunting, we can succeed if we work together. These two proverbs together encapsulate two central lessons that emerge from my experience over the two years since I assumed my present functions as Special Representative of the Secretary-General and Head of the United Nations Stabilization Mission in Haiti (MINUSTAH).
Topic:
Security
Political Geography:
Haiti

63. What Role for the United Nations in Haiti?

Author:
Robert Maguire
Publication Date:
11-2009
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On October 13, 2009, the United Nations Security Council unanimously approved a one-year extension of the mandate for the United Nations Stabilization Mission in Haiti (MINUSTAH). The sixth mission since 1995, MINUSTAH was first authorized in 2004. The mission, under Brazilian command, comprises 6,940 soldiers and 2,211 police. It also has unprecedented star power since the May 2009 appointment of former U.S. President Bill Clinton as U.N. special envoy to Haiti.
Topic:
Security, Political Violence, Democratization, and United Nations
Political Geography:
Brazil, Caribbean, and Haiti

64. Haiti: "A Gathering Storm"

Author:
Anita Swarup
Publication Date:
11-2009
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
''The situation was bad before the hurricanes in 2008 – there was a drought - but after them it got worse and more complicated people lost what little they had – houses, crops, livestock – which creates a catastrophe of hunger in this area. We feel ashamed, we have to beg from the state and other international agencies'' Lissage Geneus, a local government official (CASEC) in Baie d'Orange.
Topic:
Climate Change and Poverty
Political Geography:
Caribbean and Haiti

65. Conduct and Discipline in Un Peacekeeping Operations: Culture, Political Economy and Gender

Author:
Catherine Lutz, Matthew C. Gutmann, and Keith Brown
Publication Date:
10-2009
Content Type:
Working Paper
Institution:
Watson Institute for International and Public Affairs at Brown University
Abstract:
Systematic patterns of sexual exploitation and abuse (SEA) have emerged around UN peacekeeping missions over the course of many years.1 Reports of abuse by peacekeepers in Cambodia and the Balkans in the 1990s were followed by news of similar problems in West African missions in 2001 and 2002. The Secretary General subsequently issued a 2003 Bulletin outlining a zero-tolerance policy, but the abuse continued. In 2004, peacekeeper misconduct became widely known through mainstream media reports that UN personnel in MONUC, the UN Mission in the Democratic Republic of Congo, had been engaging in sexual exploitation and abuse (SEA) of local women and children. The SEA included, most egregiously, peacekeepers' exchange of UN food supplies or money for sex with young girls and sometimes boys. SEA has been a particular problem in mission areas where extreme poverty and conflict or post-conflict trauma and social dislocation drive local people to sell their bodies, but it has occurred in more developed contexts as well, such as Cyprus and Kosovo. The UN response to these problems has been to establish, in 2005, a Conduct and Discipline Unit with offices in New York and mission areas, charged with addressing the problem in a variety of ways. SEA continues to occur since then, with serious incidents revealed in Sudan, Liberia, Haiti, Cote d'Ivoire, and again in the Congo.
Topic:
Conflict Resolution, Corruption, Crime, Gender Issues, Sex Trafficking, and Peacekeeping
Political Geography:
United States, New York, Sudan, Kosovo, Cambodia, Haiti, Liberia, West Africa, and Cyprus

66. Haiti: the challenge of ending the transition to democracy

Author:
Tone Faret and Eduardo Colindres
Publication Date:
12-2009
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
The political scene in Haiti will be dominated by elections in 2010. The challenge is significant for the international community, which plays a prominent role and has a notable presence in the country, and for national actors, especially the much disputed Provisional Election Council (CEP).
Topic:
Democratization, Poverty, and Governance
Political Geography:
Caribbean and Haiti

67. After War. The Political Economy of Exporting Democracy

Author:
Jayne Du
Publication Date:
03-2009
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
Written in a prose of similar to that of Machiavelli's Prince and adapted to the political regime of the twenty-first century, Christopher Coyne's After War provides a policy outlook of framing risks and incentives of reconstruction, with engagement as a main tool used in United States foreign policy to export principles of Western liberalism. The exportation of values is usually concurrent with engagement in a war and as conditions of reconstruction become established, the main tenets of liberalism under democracy and free trade are hopefully sustained and supported by established institutions. This is the central thesis of Coyne's book: to understand how liberal political regimes are exported and developed, barring any reliance on excessive uses of force and military engagement. This story of reconstruction starts in the ashes of World War II and the Cold War, where early and more sanguine efforts in reconstruction evolved into the economic houses of Japan and Western Germany. Yet, Coyne seeks understanding not in the rosy images, but in the stories of contention that still rise from the ashes of US current involvements, namely in Somalia and Haiti; and more recently in Afghanistan and Iraq.
Political Geography:
Afghanistan, United States, Japan, Iraq, Germany, Haiti, and Somalia

68. REFORMING HAITI'S SECURITY SECTOR

Publication Date:
09-2008
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Operations led by the UN peacekeeping mission (MINUSTAH) largely disbanded armed gangs in the slums of Haiti's cities in early 2007, but security and stability are far from consolidated. The failure to provide an immediate, visible peace dividend once the gangs' hold was broken was a lost opportunity the still fragile country could ill afford. Now new threats are appearing. Serious crime persists, especially kidnapping and drug trafficking, and in the absence of a sufficiently large and fully operational police force and functioning justice and penitentiary systems, it threatens to undermine political progress. This was evidenced by the fall of Prime Minister Jacques-Edouard Alexis's government following April 2008 protests and riots against high living costs. Security sector reform (SSR) is essential to stabilisation but has been plagued by serious institutional weaknesses.
Topic:
Conflict Resolution, Conflict Prevention, International Organization, and United Nations
Political Geography:
Caribbean and Haiti

69. Toward the End of Poverty in Haiti

Author:
Robert Maguire
Publication Date:
12-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In July 2006, Haitian poet and historian Jean-Claude Martineau spoke at USIP and said that Haiti is the only country in the world with a last name—"Haiti, poorest country in the western hemisphere" —as described in the media. Sadly, in the two years since, conditions have worsened. Four severe storms that struck Haiti in September 2008 only exacerbated the already critical problem of the country's poverty.
Topic:
Development, Humanitarian Aid, Poverty, and Third World
Political Geography:
Caribbean and Haiti

70. Paper Versus Steel: Haiti's Challenge of Constitutional Reform

Author:
Robert Perito and Jasenka Jocic
Publication Date:
01-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Haiti's constitution was adopted on March 29, 1987 when over 90 percent of the voters approved it in a popular referendum. The result was not surprising. Among the most democratic in the world, Haiti's constitution was proposed in the aftermath of the brutal Duvalier dictatorship and seemed to promise an end to arbitrary and violent rule. Unfortunately, that was not the case as the country endured two more decades of turmoil. In the period of instability following adoption of the constitution, its provisions were more often ignored or violated than observed.
Topic:
Government, Peace Studies, and Politics
Political Geography:
United States, Caribbean, and Haiti