GA/9080

GENERAL ASSEMBLY RENEWS MANDATE OF INTERNATIONAL CIVILIAN MISSION TO HAITI UNTIL 31 DECEMBER

The General Assembly this morning decided to renew the mandate of the International Civilian Mission to Haiti (MICIVIH) until 31 December. Adopting without a vote a resolution introduced by the representative of Chile, the Assembly authorized the United Nations, together with the Organization of American States (OAS), to verify Haiti's full observance of human rights and fundamental freedoms, to provide technical assistance such as the training of its police and to support the development of a programme to promote and protect human rights.

A representative of the Secretariat noted that the Secretary-General had already been empowered to enter into commitments of $627,900 per month should the Haiti mission be extended.

By the terms of another resolution adopted without a vote this morning, on emergency assistance to Costa Rica and Nicaragua, the Assembly called upon all States to contribute to relief, rehabilitation and reconstruction operations in those countries following the tremendous hurricane damage of 26 to 28 July. The Assembly also requested the Secretary-General to assist the Governments of the affected countries in identifying their needs. That text was introduced by the Minister for Social Action of Nicaragua.

Statements were made by the representatives of Argentina, Canada, Ireland (on behalf of the European Union and other States), France and Haiti.

Also this morning, the General Assembly took note of the fact that Dominica, Grenada, Mauritania and Sierra Leone had made payments necessary to reduce their arrears below the amount specified in Article 19 of the Charter.

The General Assembly will meet again at a date to be announced.

Assembly Work Programme

The General Assembly met this morning to consider a recommendation by the Secretary-General to extend the mandate of the United Nations component of the International Civilian Mission to Haiti (MICIVIH) until 31 December under its existing terms of reference and with the same staffing level. The Assembly was also scheduled to act on a draft resolution on emergency assistance to Costa Rica and Nicaragua in response to damage caused by hurricane Cesar in late July.

By the terms of a draft resolution (document A/50/L.76) sponsored by Argentina, Bolivia, Brazil, Chile, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Peru, the Assembly would call upon all States to urgently and generously contribute, to the extent they are able, to relief, rehabilitation and reconstruction operations in Costa Rica and Nicaragua following the tremendous hurricane damage of 26, 27 and 28 July. Recognizing the magnitude of the disaster, the Assembly would request the Secretary-General, in cooperation with international financial institutions and the United Nations system, to assist the Governments of the affected countries in identifying their short-, medium- and long-term needs and to collaborate in their reconstruction efforts. The draft will be introduced under the Assembly's agenda item on strengthening of the coordination of United Nations humanitarian and disaster relief assistance, including special economic assistance: special economic assistance to individual countries or regions.

Regarding Haiti, the Secretary-General's recommendation to authorize an extension of the MICIVIH mandate until 31 December is contained in his 13 August report to the Assembly on the situation of democracy and human rights in Haiti (document A/50/861/Add.2), pursuant to Assembly resolution 50/86 B of 3 April which had extended the mandate of the Mission through 31 August. The Secretary-General describes the activities of MICIVIH, under the joint auspices of the Organization of American States (OAS) and the United Nations, assesses the human rights situation and evaluates the institutions crucial to promotion and protection of those rights. The report also outlines future activities of the Mission should its mandate be extended in response to the request of the President of Haiti dated 18 July and contained in an annex to the report.

President Rene Preval, in his July letter, states that while his Government was continuing to achieve satisfactory efforts in strengthening democratic institutions and increasing respect for human rights, it still had a long way to go before those institutions would be strong enough to fully play their expected roles. Indicating that the Mission still had an important role to play, he requested an extension of its presence in Haiti.

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The Secretary-General notes that the smooth transfer of power to the current President from the outgoing President, the Reverend Jean-Bertrand Aristide on 7 February, completed the installation of newly elected officials begun in 1995. It constituted a major step in the consolidation of the democratic process in the country. Although the new government was faced with a number of pending and fundamental institutional and socio-economic problems, the political situation has remained quite calm.

The Secretary-General states that during the current period of its mandate, previously extended in response to the request of President Preval, the Mission was charged with verifying full compliance with human rights and fundamental freedoms enshrined in Haiti's Constitution and applicable international treaties; providing technical assistance for institution- building, such as the training of police or the establishment of an impartial judiciary; supporting the development of a programme for the promotion and protection of human rights to further establish a climate of freedom and tolerance "propitious to the long-term consolidation of constitutional democracy in Haiti".

With the full deployment of the Haitian National Police at the end of February, the report states that the monitoring of respect for human rights by state security agents has re-emerged as a core activity of the Mission. Structural weaknesses and operational constraints continue to affect police capacity to fulfil their tasks. The recent creation by several municipalities of armed local police forces under the authority of the mayors is a cause for concern. The MICIVIH continues to monitor police performance with respect to human rights and has made recommendations to strengthen safeguards. Action was initiated by the authorities in a number of cases of reported abuses.

According to the Secretary-General, the Mission had also initiated a full report on the Haitian prison situation with recommendations for improvements. An internationally funded programme of penal reform has begun to address the issue of reconstructing prison facilities and providing training for prison personnel. Judicial reform, a key to improvement in the prison situation, is an issue that will remain topical for quite some time. While the training emphasis is beginning to show small benefits, the rebuilding of the judiciary is seen as a long-term process which requires clarity, stamina and energy. The objectives for reform and strategies to attain them have been defined, but concrete action for their implementation is still pending.

The Secretary-General goes on to say that incidents of popular "justice" and lack of security for judges and police agents demonstrate the continued fragility of the existing or newly established institutions. Work remains to be done to improve their functioning and to increase public confidence. Technical assistance and monitoring are still necessary. Mission efforts in the area of human rights promotion and civic education have proved to be one

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of its most dynamic activities. The Secretary-General recommends that the United Nations component of the Mission, which was reduced from 87 to 32 observers in February, remain the same with the mandate extension.

Action on Draft Resolutions

WILLIAM BAEZ SACASA, Minister for Social Action of Nicaragua, introduced the draft resolution on emergency assistance to Costa Rica and Nicaragua.

ANA MARIA RAMIREZ (Argentina) said that the draft resolution should be translated in specific actions which would lessen the suffering of the people, especially women and children. Argentina would soon announce the humanitarian measures it would take to supplement the United Nations team of "white helmets" in assisting Costa Rica and Nicaragua.

The Assembly then adopted the resolution without a vote.

FERNANDO VARELA (Chile) introduced the draft resolution on the situation of democracy and human rights in Haiti. He announced that Austria, Germany, Belgium, Bolivia, Costa Rica, Finland, Spain, Guyana, Ireland, Italy, Jamaica, Luxembourg, Netherlands, Portugal, Russian Federation, Suriname, Trinidad and Tobago, United Kingdom, Denmark, Greece, Norway and Sweden had joined as co- sponsors of the draft.

DAVID KARSGAARD (Canada) said that said that the democratic gains made in Haiti needed to be consolidated. The draft resolution had moved from a previous condemnatory statement of the abuses of the former regime to one of the principal expressions of support from the international community for the work of the Government of Haiti in establishing democracy. The draft resolution would have the Assembly pay tribute to progress achieved in the quest for democracy, justice and prosperity.

He said that the International Civilian Mission in Haiti had been one of the principal architects in the programme to assist that country with the consolidation of democracy and the building of public confidence. The report of the Secretary-General had cautioned that notwithstanding advances in the administration of justice in Haiti, progress was not irreversible. There was a considerable way to go before the protection of human rights became entrenched in the institutional framework of Haiti.

CONOR MURPHY (Ireland), speaking on behalf of the European Union as well as the Czech Republic, Estonia, Hungary, Iceland, Liechtenstein, Lithuania, Malta, Norway, Poland, Romania and the Slovak Republic, said that the end of the military dictatorship in Haiti, the return of President Aristide and the transfer of power to newly elected President Rene Preval had been an unprecedented occurrence in the history of Haiti. Action by the United Nations, including the activities of the United Nations Mission in Haiti and

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its successor, the United Nations Support Mission (UNSMIH), as well as the United Nations component of the International Civilian Mission in Haiti, had been crucial to the effort to strengthen and consolidate the democratic Government and respect for human rights. The successful deployment in recent months of more than 5,000 agents of the Haitian National Police had depended on the training and instruction provided by UNSMIH and MICIVIH.

The European Union continued to be concerned by the continuation of serious human rights violations in Haiti, he said. There could be no justification for summary executions and torture by members of the security forces. Government and police authorities had demonstrated a commitment to investigating those abuses and to sanctioning those responsible, but only a few cases had resulted in criminal prosecutions. The Union was also concerned about attacks in recent months against the Haitian National Police which had resulted in the deaths of a number of officers. He condemned unreservedly the renewed violence of recent days, saying that there could never be a justification for such acts, irrespective of the identity of the victims or the motive of the perpetrators. The International Civilian Mission in Haiti had a crucial role to play in monitoring respect for human rights by the security forces, providing technical assistance and supporting the promotion and protection of human rights. Those activities were essential for the establishment of a climate of freedom and tolerance necessary for the long- term consolidation of democracy and the rule of law in Haiti.

HERVE LADSOUS (France) said that the progress achieved in Haiti may prove to be fragile. The democratic transition carried out in Haiti so far had been impressive; the role of the United Nations had been essential. The report of the Secretary-General had indicated that a great deal still needed to be done in the areas of police training, the establishment of an independent judiciary and the protection of human rights. Those elements would all contribute to constitutional democracy in Haiti.

PIERRE LELONG (Haiti) said that the draft resolution demonstrated the interest of the international community in the democratic transitions under way in his country. Haiti had reached a turning point in its history. The Government had stemmed the political crisis and was setting out the basis for the rule of law. The judiciary was being reformed and new training was being provided for judges and court officers. Of all the institutions in Haiti, the judiciary was the most "corroded".

Maintaining a climate of security was essential to any development program. Law and order and civil rights were being respected in Haiti. The new police force stood in marked contrast to the former security forces of the dictatorship. Haiti needed more than legal reforms and a new police force, he said. Those reforms could only yield results if they were accompanied by improved socio-economic conditions for the population.

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Haiti's fragile economic and governmental structures were straining under the weight of demands placed on them by the Haitian people, he said. Tension in various parts of the country and the proliferation of criminal gangs were all challenges to be dealt with by the Government.

The Assembly then adopted the resolution without a vote.

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