Dr.

Ram Manohar Lohiya National Law University

PUBLIC
INTERNATIONAL LAW-I
UN STABILISATION MISSION IN HAITI
(FINAL DRAFT)
Submitted to:

Submitted by :

Dr. A.P. Singh

Sumit Gehlot

Associate Professor

Roll No: 145

Legal Studies

B.A. LL.B.(Hons.) IV semester

Dr. RML National Law University

Section B

TABLE OF CONTENTS
BACKGROUND.......................................................................................................................3
WHY THE MISSION?.............................................................................................................3
CAN AN INTERNATIONAL COMMUNITY INTERFERE IN A SOVEREIGN
COUNTRYS GOVERNMENT ACT? ................................................................................... 3
DISTINGUISHABLE FEATURE OF THE MISSION ..........................................................4
ANALYSIS OF THE MISSION .............................................................................................. 4
RECOMMENDATION.............................................................................................................6
BIBLIOGRAPHY.....................................................................................................................6

BACKGROUND
In 2004 Haiti was a country in chaos. With the 2,500 strong Haitian National Police
force (HNP) in disarray and the country under the grip of armed gangs, public safety had
eroded completely. Intense political rivalry often devolving into violence further
undermined both citizen safety and economic wellbeing. It was facing considerable
instability deriving from a potent amalgam of factors, including deep poverty, social
vulnerability, food insecurity, environmental degradation, HIV/AIDS, drug trafficking,
organized crime, and institutional weaknesses of the Haitian government. The United
Nations Stabilization Mission in Haiti (MINUSTAH) by Security Council resolution
1542 - a U.N. Peacekeeping Missions was deployment to provide immediate security,
followed by efforts to help create legitimate political process and to support elections,
with a view in mind of working with the government that would emerge. The mission
also undertook direct operations against gangs and provision of support to build-up the
capacity of security institutions. 1

WHY THE MISSION?

i)

To ensure a secure and stable environment: reform of the police, DDR, restoration

ii)

of the rule of law, protection of civilians

To support to the political process: foster democratic governance, assist in
creating national dialogue, assist in the holding of elections, assist in extending

iii)

state authority
Human Rights: support Government and human rights institutions and groups to
promote and protect human rights, monitor and report on the human rights
situation, advise the Government on investigation of human rights violations and
on a strategy to reform the judiciary

CAN AN INTERNATIONAL COMMUNITY INTERFERE IN A

SOVEREIGN COUNTRYS GOVERNMENT ACT?
Where a state is unwilling or unable to protect its own civilians from mass atrocities, the
international community has a responsibility to prevent such crimes with as much haste
1 See <http://www.un.org/en/peacekeeping/missions/minustah/>

as is possible. 2 Codified international law, in particular Articles 2, 39 and 51 of the UN

Charter, claims that any case of serious human rights abuse is a case for international
concern. 3 It is surely an ethical responsibility that the international society should step in
when a minority within a sovereign state are being subject to systematic abuse;
sovereignty in and of itself should, at the very least not shield perpetrators from
punitive measures. 4 UN has responsibility to protect the civilians of their countries
from war crimes, genocide, crimes against humanity and ethnic cleansing, which were
seen as four fundamental human rights abuses that, if allowed to happen, would
constitute grave humanitarian crises warranting intervention. 5

DISTINGUISHABLE FEATURE OF THE MISSION

The problems in Haiti are not new, though the political and contextual conditions have
evolved. The current mission is the 7 UN mission since 1991. However, MINUSTAH is
unlike the previous interventions that were short and principally aimed at strengthening
the Haitian National Police and monitoring human rights. MINUSTAH has a broader
mandate composed of large military, police and civilian components and the international
community appears to be committed to sustaining its presence. It is the centerpiece of
international efforts to assist Haiti in state-building. However, this mission is also
different from other UN Peacekeeping mission, as it was the first UN stabilization
mission after this three more stabilization missions in Congo, Mali and Central African
Republican were deployed by the UN in 2010, 2013, 2014 respectively. 6

2 Stark A, R2P: challenges & opportunities in light of the Libyan intervention (eInternational Relations, 1,2001) 4-6; Tson FR, A Philosophy of International Law
(Boulder: Westview Press, 1998).
3 Simma B, NATO, the UN and the use of force: Legal Aspects [1999] European
Journal of International Law, 10/1.
4 Arbour L The responsibility to protect as a duty of care in international law and
practice [2008] Review of International Studies,34/3.
5 Arend, A C and Beck R J International Law and the Use of Force: Beyond the UN
Charter Paradigm (London: Routledg, 1993).
6 See < http://www.un.org/en/peacekeeping/documents/operationslist.pdf>

ANALYSIS OF THE MISSION

MINUSTAHs pace of deployment was slow, and it was not until November 2004

that the mission was able to deploy throughout the country.

The troop (manly of Brazil, Peru, Spain, Nepal etc.) which was deployed by the
MINUSTAH was inexperienced and the language barrier becomes the biggest
problem. As it was led by the latin American states and they were unfamiliar to the

local regional language.

The main purpose of the mission was Collaborative state Building in support of the
transitional/elected government. But, its central dilemma was how to provide
operational support the Haitian national police were seen as a source of insecurity,
and to maintain the credibility and legitimacy with the local crowd especially in the

urban slums.
MINUSTAH has also faced problem regarding the time period of the mission. It was
initially allotted six months to complete its mission but later on the renewal was done
for one year at a time. This weakened MINUSTAHS mandate, with observers noting

that long-term is not synonymous with an accumulation of short-term missions. 7

MINUSTAH was criticized for failing to anticipate and respond to non-traditional
threats to stability from the complex political economy, for example targeting DDR
programmes at rebel armed groups, rather than local gangs and organized criminal

violence.
MINUSTAH was also linked with introducing the disease Cholera to the country. The
cause of the disease was attributed to faulty construction of UN sanitation systems in
its base located in the Haitian town of My. Many reports from My stated that
people had seen sewage spilling from the UN base into the Artibonite River, the
largest river in Haiti that is most often used by residents for drinking, cooking, and
bathing. Earthquake in 2010 also affected MINUSTAH adversely, many personnel

were killed and its, headquarter was also collapsed.

The mission was deployed for preserving the human rights which were being violated
in the country by physical violence. But, MINUSTAH soldiers have been accused of
being involved in a number of sexual assault cases. 8 And, also they have been
accused of violating human rights.

7 UNAC, Security and Rule of Law: UN Peacekeeping in Haiti (Chapter 5 in UnitedNations Association
in Canada, 2006) pp76-89.

RECOMMENDATION

Involve Haitian civil society in national discussions about decentralisation, economic

policy and constitutional reform.

Reform the political structure, strengthening checks and balances and reducing

corruption. Motivate Haitian elites to join the process of statebuilding.

Study the root causes of conflict, political and power structure rather than assuming

that poverty reduction will eliminate tensions.

Maintain a focus on diminishing violence as a way to encourage economic

development.
Empower Haitians to own the process of state-building, even when there is

involvement by the international community.

Increase international development assistance in rural areas and in environmentally
sustainable projects.

BIBLIOGRAPHY

Stark A, R2P: challenges & opportunities in light of the Libyan intervention (eInternational Relations, 1,2001) 4-6; Tson FR, A Philosophy of International Law
(Boulder: Westview Press, 1998).

Simma B, NATO, the UN and the use of force: Legal Aspects [1999] European
Journal of International Law, 10/1.

Arbour L The responsibility to protect as a duty of care in international law and

practice [2008] Review of International Studies,34/3.

Arend, A C and Beck R J International Law and the Use of Force: Beyond the UN
Charter Paradigm (London: Routledg, 1993).

UNAC, Security and Rule of Law: UN Peacekeeping in Haiti (Chapter 5 in United

Nations Association in Canada, 2006) pp76-89.
Beetham G ,Sex and Development, LSE Engenderings, Critical Engagments with

Culture and Society (2011).

See <http://www.un.org/en/peacekeeping/missions/minustah/>
See < http://www.un.org/en/peacekeeping/documents/operationslist.pdf>

8 Beetham G ,Sex and Development, LSE Engenderings, Critical Engagments withCulture and Society
(2011).