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Haiti: Overview of police reform efforts; the effectiveness of the police; existence of a police complaints authority and recourse available to individuals who file complaints against the police; initial impact of 12 January 2010 earthquake (2008 - January 2010)

The Haitian National Police (Police nationale d'Haiti, PNH) is the sole domestic security force in Haiti (AFP 28 Jan. 2010; National Post 10 Jan. 2009). It was created in June 1995 (PNH 22 Oct. 2009; CNN 19 Jan. 2010) to replace the former Haitian army (ibid.; Reuters 8 Oct. 2009; CIGI May 2009, 2). According to the PNH's website, the police force is divided into three central directorates, which respectively deal with public security, crime prevention and administration (PNH 29 Oct. 2009a). This organizational structure is repeated in the ten regional directorates responsible for order and public security in each of the country's regional administrative departments (PNH 29 Oct. 2009b). A General Directorate (Direction générale) provides oversight of the entire force and several specialized units also exist (PNH 29 Oct. 2009c). In addition, the Inspector General (Inspection Générale) acts as the internal affairs division, investigating abuses by members of the police force and imposing penalties (PNH 22 Dec. 2009).

Sources disagree on the exact size of the PNH at the end of 2009 and beginning of 2010 (AFP 28 Jan. 2010; Schneider 21 Jan. 2010; Associate Professor 11 Jan. 2010; US 10 Dec. 2009; Reuters 8 Oct. 2009). The Agence France-Presse (AFP) news agency and a representative of the International Crisis Group writing in the New York Review of Books both state that in early January 2010, there were 8,000 officers (AFP 28 Jan. 2010; Schneider 21 Jan. 2010). According to the Overseas Security Advisory Council (OSAC), an American government advisory committee under the authority of the United States (US) Department of State, and the Reuters news agency, the force had close to 9,000 trained officers towards the end of 2009 (US 10 Dec. 2009; Reuters 8 Oct. 2009). However, in 11 January 2010 correspondence with the Research Directorate, an Associate Professor of Global Studies at Wilfrid Laurier University, who has studied police reform in Haiti, stated that there were about 10,000 uniformed officers. The United Nations (UN) Secretary-General states in a September 2009 report to the Security Council that the exact number of officers in the PNH was 9,715 as of August 2009 (UN 1 Sept. 2009, Para. 32).

Sources note that approximately two thirds of the police force is based in Port-au-Prince (AFP 28 Jan. 2010; US 10 Dec. 2009). Many smaller communities reportedly lack a police presence (ibid.; CIGI May 2009, 10; International Crisis Group 18 Sept 2008, 8). OSAC also notes that the police force is small for a country of 8.5 million, and a capital city with a population of 2 million (US 10 Dec. 2009).

Effectiveness of the police

According to the American non-governmental organization (NGO) Freedom House, there is an "absence of an effective police force" in Haiti as it "is only slowly evolving into a cohesive organization" (Freedom House 2009). Human Rights Watch notes that "police ineffectiveness and abuse contribute to overall insecurity" in the country due to "severe shortages" of sufficient personnel, equipment and training (Human Rights Watch Jan. 2010). As well, the Associate Professor notes that members of the PNH are "young" and "relatively inexperienced" (11 Jan. 2010). Sources agree that the PNH is not ready to assume full responsibility for the country on its own (Associate Professor 11 Jan. 2010; UN 1 Sept. 2009, Para. 21; International Crisis Group 3 Mar. 2009, 8) and still depends on the support of peacekeepers from the UN Stabilization Mission in Haiti (Mission des Nations Unies pour la stabilisation en Haïti, MINUSTAH) (Reuters 8 Oct. 2009; UN 1 Sept. 2009, Para. 21; CIGI May 2009, 9).

However, sources report that the police force has improved in recent years (Reuters 8 Oct. 2009; CIGI May 2009, 9; UN 3 Apr. 2009, Para. 56) due to an increasing number of trained and better equipped police officers (CIGI May 2009, 9) and it has become "better" and "stronger" (Reuters 8 Oct. 2009). The PNH's presence has also become more visible in the country (Associate Professor 11 Jan. 2010; International Crisis Group 3 Mar. 2009, 8). According to the UN, security in the country has also reportedly improved (UN 3 Apr. 2009, Para. 53).

The Associate Professor stated that

[t]he senior leadership of the HNP [PNH] appears to be reasonably professional and committed to reform, although the absence of a solid cadre of middle police management raises questions about the strength of the HNP [PNH]'s accountability mechanisms. (Associate Professor 11 Jan. 2010)

Public perception has become more positive with an improved confidence in the PNH (US 10 Dec. 2009; UN 3 Apr. 2009, Para. 53; International Crisis Group 3 Mar. 2009, 8). In a 2008 poll, nearly 60 percent of Haitians expressed a positive view of the police (UN 3 Apr. 2009, Para. 27; Schneider 21 Jan. 2010). While the reporting of incidents to the police has considerably increased in recent years, observers believe that this is due to a greater confidence in the PNH rather than an increase in criminal activities (US 10 Dec. 2009; International Crisis Group 3 Mar. 2009, 8). However, in a March 2009 report to the UN Human Rights Council, the Independent Expert on the Situation of Human Rights in Haiti noted that the relationship with the population was still [translation] "characterized by suspicion" (UN 26 Mar. 2009, Para. 35).

Reform efforts

A reform plan was introduced in 2006 which emphasized police training, provision of equipment and the "rehabilitation of vital infrastructure" (CIGI May 2009, 8). The plan calls for training and recruiting police officers with a goal of reaching a total of 14,000 officers by 2011 (Associate Professor 11 Jan. 2010; Reuters 8 Oct. 2009; CIGI May 2009, 8; NPR 27 Oct. 2008). In a September 2008 report, the International Crisis Group expressed concern that the PNH would not reach this recruitment goal considering the recruitment and training rate (International Crisis Group 18 Sept. 2008, i, 10), but in a March 2009 report, it indicated it was encouraged that the PNH seemed to be reaching its goals (ibid., 3 Mar. 2009, 8).

As part of reform efforts, a vetting process has been under way in recent years in order to remove officers judged to be unsuitable from the police force (Associate Professor 11 Jan. 2010; CIGI May 2009, 8; Freedom House 2009; International Crisis Group 18 Sept. 2008, i). Hundreds of police officers have been purged from the force through this process since President René Préval's presidential victory in 2006 (Associate Professor 11 Jan. 2010; Freedom House 2009). According to the Centre for International Governance Innovation (CIGI), a Canadian think tank, about half the PNH had been vetted by the office of the Inspector General as of May 2009 (CIGI May 2009, 8). However, observers have expressed concerns about the thoroughness, speed and transparency of the process (Associate Professor 11 Jan. 2010; UN 26 Mar. 2009, Para. 37, 39; International Crisis Group 18 Sept. 2008, i). CIGI has also expressed concern that the government has not stated its intentions for officers found unfit for service (CIGI May 2009, 9).

Previously, members of the forces had little or no training but this has changed due to training supplied by or paid for by UN donor countries (NPR 27 Oct. 2008). Training has focused on community policing (Macleans 11 Apr. 2008; NPR 27 Oct. 2008) and human rights (CIGI May 2009, 9; NPR 27 Oct. 2008).

In 29 December 2009 correspondence with the Research Directorate, the Director of the Institute for Justice & Democracy in Haiti (IJDH), an American NGO which monitors human rights and political developments in Haiti (IJDH n.d.), characterized police reform efforts as "highly uneven," stating that while there has been some success in some areas of reform, there are still "persistent problems, especially in discipline and criminality" (IJDH 29 Dec. 2009). In 11 January 2010 correspondence with the Research Directorate, the Associate Professor at Wilfrid Laurier University stated that "police reform efforts have unquestionably made progress" in recent years, but that "at the same time progress has been slow, uneven, and questions remain about both police professionalism and police capacity."

Availability of complaint mechanisms

According to the IJDH Director, there's "certainly a perception in Haiti that there are [no] effective recourses available for complaints against the police" (IJDH 29 Dec. 2009). However, the Inspector General's office is tasked with handling police complaints (Associate Professor 11 Jan. 2010; IJDH 29 Dec. 2009). The Associate Professor states that it is "difficult to say with certainty [...] that all public complaints against the police are dealt with in a fair and impartial manner" but that "the Inspector General's office appears to be one of the better-functioning elements of the PNH" (Associate Professor 11 Jan. 2010). The Associate Professor also reports that the population can lodge complaints through a telephone hotline (ibid.). According to CIGI, there has also been a strengthening of the Inspector General's office in recent years (CIGI May 2009, 9). The UN Independent Expert on the Situation of Human Rights in Haiti notes that the strengthening of that office is part of the reform plan (UN 26 Mar.2009, Para. 36).

Impact of 12 January 2010 earthquake

While details of the impact of the earthquake which struck Haiti on 12 January 2010 and its aftershocks are still emerging, media reports concur that the PNH was severely affected by the catastrophic event (AFP 28 Jan. 2010; Schneider 21 Jan. 2010; CNN 19 Jan. 2010). A report by the American Cable News Network (CNN) quotes US Assistant Secretary of State P.J. Crowley as saying that "[t]here's no doubt the Haitian national police took a significant blow in this disaster" (ibid.).

The Xinhua news agency reports that according to a spokesperson for MINUSTAH the PNH had "vanished" following the earthquake (Xinhua 14 Jan. 2010). The spokesperson was quoted as also saying: "they're Haitian too and their family homes have been smashed or destroyed and their family members have been killed or destroyed, so they're acting to look after their nearest and dearest" (ibid.). Out of the approximately 6,000 police officers based in Port-au-Prince, only 40 to 50 percent reported for duty in the aftermath (AFP 28 Jan. 2010; CNN 19 Jan. 2010). However, during an 11 February 2010 press conference on the security situation in the country nearly a month after the earthquake, the UN Undersecretary-General for Peacekeeping contested the view that Haitian police "had effectively vanished after the quake, saying that perhaps 80 per cent of the force was back on the job" (UN 11 Feb. 2010).

Police headquarters in Port-au-Prince and many local police stations were destroyed (AFP 28 Jan. 2010; Schneider 21 Jan. 2010). The AFP reports that as of 28 January 2010, the PNH was based out of a police station near the airport (AFP 28 Jan. 2010). Several police officers were reportedly killed in the earthquake, but the exact number of police deaths are not known (AFP 28 Jan. 2010; CNN 19 Jan. 2010). According to a report by the Canadian Press (CP) news agency, it was initially unknown how many senior officers had survived the disaster (CP 15 Jan. 2010). Notably, the PNH Director General, Mario Andrésol, survived (ibid.; CNN 19 Jan. 2010). MINUSTAH headquarters also collapsed in the earthquake, killing many UN staffers including the mission head (Schneider 21 Jan. 2010; The Wall Street Journal 13 Jan. 2010).

Many police officers no longer have uniforms as they lost them in the destruction of their homes (Schneider 21 Jan. 2010). During the 11 February 2010 UN press conference, the acting head of MINUSTAH also stated that "a few" police uniforms had been stolen and were "being worn by criminal" (UN 11 Feb. 2010). In addition, CP reports that the collapse of police stations in Port-au-Prince scattered "arrest warrants, witness testimony and other files vital to a now-paralyzed justice system" (CP 15 Jan. 2010). AFP reports that according to the head of the PNH, the police force was having a hard time dealing with its responsibilities as well as the criminal activities that emerged after the quake such as looting and rape (AFP 28 Jan. 2010). According to reports, several thousand prisoners escaped due to the disaster, creating greater challenges for the police force (Le Devoir 28 Jan. 2010; AFP 28 Jan. 2010). However, the UN Security Council has authorized 3,500 more peacekeepers to supplement the MINUSTAH forces (Schneider 21 Jan. 2010; Radio-Canada 20 Jan.2010). The United States also separately sent troops to assist with security (Schneider 21 Jan. 2010; Radio-Canada 20 Jan. 2010).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 28 January 2010. "Haïti: la police pointe de nouvelles formes de violence après le séisme." (Factiva)

Associate Professor of Global Studies. Wilfrid Laurier University. 11 January 2010. Correspondence

Cable News Network (CNN). 19 January 2010. Tom Cohen. "Haiti Police Ill-equipped to Handle Crisis." <http://edition.cnn.com/2010/WORLD/americas/01/19/haiti.police/> [Accessed 21 Jan. 2010]

The Canadian Press (CP). 15 January 2010. Jonathan Montpetit. "Anguish Turns to Desperation as Tensions rise in Haiti's Shattered Heart." (Factiva)

Centre for International Governance Innovation (CIGI). May 2009. Security Sector Reform Monitor: Haiti. Vol. 1. <http://www.cigionline.org/sites/default/files/SSR%20Monitor%20Haiti_No1_0.pdf> [Accessed 11 Jan. 2010]

Le Devoir [Montreal]. 28 January 2010. Valerian Mazataud. "Patrouille de nuit dans Port-au-Prince." <http://www.ledevoir.com/international/actualites-internationales/281978/patrouille-de-nuit-dans-port-au-prince> [Accessed 28 Jan. 2010]

Freedom House. 2009. "Haiti." Freedom in the World 2009. <http://www.freedomhouse.org/template.cfm?page=22&year=2009&country=7621> [Accessed 11 Jan. 2010]

Human Rights Watch. January 2010. "Haiti." World Report 2010: Events of 2009. <http://www.hrw.org/en/node/87524> [Accessed 21 Jan. 2010]

Institute for Justice & Democracy in Haiti (IJDH). 29 December 2009. Correspondence with Director.
_____. N.d. "Our Work." <http://www.ijdh.org/ourwork.htm> [Accessed 5 Feb. 2010]

International Crisis Group. 3 March 2009. Haiti 2009: Stability at Risk. (Latin America/Caribbean Briefing No. 19) <http://www.crisisgroup.org/home/index.cfm?id=5952> [Accessed 29 Dec. 2009]
_____. 18 September 2008. Reforming Haiti's Security Sector. (Latin America/Caribbean Report No. 28) <http://www.crisisgroup.org/home/index.cfm?id=5681&l=1> [Accessed 29 Dec. 2009]

Macleans. 11 April 2008. Michael Petrou. "Haiti: Are We Helping?" <http://www.macleans.ca/canada/national/article.jsp?content=20080402_96252_96252> [Accessed 4 Feb. 2010]

National Post. 10 January 2009. Andrew Mayeda. "Ottawa Opens Bids for Haitian Police Training." <http://canadahaitiaction.ca/?p=384> (Canada Haiti Action) [Accessed 5 January 2010]

National Public Radio (NPR). 27 October 2008. Ruxandra Guidi. "U.N. Attempts Tough Police Reform in Haiti." (Transcript) <http://www.npr.org/templates/story/story.php?storyId=96175824> [Accessed 5 Jan. 2010]

Police nationale d'Haïti (PNH). 22 December 2009. "Inspection Générale." <http://www.pnh.ht/dossiers/dossiers.php?id_dossier=20> [Accessed 2 Feb. 2010]
_____. 29 October 2009a. "Les Directions Centrales." <http://www.pnh.ht/dossiers/dossiers.php?id_dossier=8> [Accessed 2 Feb. 2010]
_____. 29 October 2009b. "Les dix directions départementales." <http://www.pnh.ht/dossiers/dossiers.php ?id_dossier=9> [Accessed 26 Jan. 2010]
_____. 29 October 2009c. "Organisation." <http://www.pnh.ht/dossiers/dossiers.php?id_dossier=7> [Accessed 26 Jan. 2010]
_____. 22 October 2009. "Mission de la PNH." <http://www.pnh.ht/dossiers/dossiers.php?id_dossier=3> [Accessed 2 Feb. 2010]

Radio-Canada. 20 January 2010. "3500 Casques bleus en renfort." <http://www.radio-canada.ca/nouvelles/International/2010/01/19/017-haiti-renfort-casques-bleus.shtml> [Accessed 20 Jan. 2010.]

Reuters. 8 October 2009 Jim Loney. "Analysis-Impoverished Haiti is Stabilizing but Still Risky." <http://www.reuters.com/article/idUSN08496607> [Accessed 29 Dec. 2009]

Schneider, Mark L. 27 January 2010. "Haiti's Hidden Hope." (The New York Review of Books) <http://blogs.nybooks.com/post/346225261/haitis-hidden-hope> [Accessed 27 Jan. 2010]

United Nations (UN). 11 February 2010. "Press Conference on Situation in Haiti" <http://www.un.org/News/briefings/docs/2010/100211_Haiti.doc.htm>[Accessed 15 Feb. 2010]
_____. 1 September 2009. Security Council. Report of the Secretary-General on the United Nations Stabilization Mission in Haiti. (S/209/439) <http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/494/51/PDF/N0949451.pdf?OpenElement> [Accessed 5 Jan. 2010]
_____. 3 Apr. 2009. Security Council. Report of the Security Council Mission to Haiti (11 to 14 March 2009). (S/2009/175) <http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Haiti%20S%202009%20175.pdf> [Accessed 5 Jan. 2010]
_____. 26 Mar. 2009. Human Rights Council. Assistance technique et renforcements des capacités. Rapport de l'expert indépendant sur la situation des droits de l'homme en Haïti, Michel Forst. (A/HRC/11/5) <http://www2.ohchr.org/english/bodies/hrcouncil/docs/11session/A.HRC. 11.5_fr.pdf> [Accessed 5 Jan. 2010]

United States (US). 10 December 2009. Overseas Security Advisory Council (OSAC). "Haiti 2009: Crime and Safety Report." <https://www.osac.gov/Reports/report.cfm?contentID=109189> [Accessed 27 Jan. 2010]

The Wall Street Journal. 13 January 2010. Stephen Miller. "Remembering Hédi Annabi, Diplomat." <http://blogs.wsj.com/dispatch/2010/01/13/remembering-hedi-annabi-diplomat/tab/article/> [Accessed 18 Jan. 2010]

Xinhua. 14 January 2010. "Haitian Police Force 'Vanished': Senior UN Official." <http://news.xinhuanet.com/english/2010-01/15/content_12811686.htm> [Accessed 18 Jan. 2010]

Additional Sources Consulted

Oral sources: Attempts to contact the Réseau National de Défense des Droits Humains (RNDDH) and a senior program officer at the United States Institute of Peace were unsuccessful.

Publications: North-South Institute (NSI). Haïti et la réforme de la Police Nationale d'Haïti.

Internet sources, including: Alterpresse, Amnesty International (AI), Canadian Foundation for the Americas (FOCAL), Haiti Press Network, Le Monde [Paris],The New York Times, La Presse [Montreal], the Organization of American States (OAS), ReliefWeb, Small Arms Survey, The Telegraph (UK), Transparency International, United States (US) Department of State.

Topics: Police,