June 30, 2020

UN releases embargoed expert letters drawing on Clinic complaint


Rights experts call on UN to provide remedy to victims of Haitian cholera epidemic


(June 30, 2020) — The United Nations (UN) published two previously embargoed letters from fourteen UN independent rights experts on Saturday, calling on the organization to deliver overdue remedies to victims of cholera in Haiti. Addressed to Secretary-General António Guterres and the Haitian government, the letters respond to a complaint submitted by the International Human Rights Clinic, the Haiti-based human rights law firm Bureau des Avocats Internationaux (BAI), and its U.S.-based partner organization, the Institute for Justice & Democracy in Haiti (IJDH) in January.  

The experts’ letters adopts the Clinic’s arguments that the UN’s approach following its public apology in 2016 amount to violations of the right to effective remedy. The experts found “glaring limitations” in the UN’s approach, including that the UN has failed to pay any compensation and that its subsequent underfunded effort has amounted to little more than a spate of symbolic development projects. They stressed that “the continued denial of effective remedies to the victims is not only a violation of their human right to an effective remedy, but also a grave breach of public confidence in the Organization’s integrity and legitimacy.” The letters conclude that a “fundamental shift in approach is necessary if the Organization is to uphold the respect for human rights and rule of law.”  

Beatrice Lindstrom, Clinical Instructor in the International Human Rights Clinic at Harvard Law School, led a clinical student team in working on the January complaint. She was recently interviewed by Harvard Law Todaydiving into her nearly-decade long advocacy on behalf of Haitian cholera victims. The interview explores the UN’s failure to adequately respond to the epidemic and provide appropriate reparations to victims. 

As Lindstrom says in the Q&A, “In the absence of an independent mechanism to determine responsibility, the decision becomes a political one driven by the self-interests of powerful member states and officials within the UN bureaucracy. I think there have always been people within the U.N. who have wanted to see the organization do the right thing in Haiti, but without adequate leadership from the Secretary-General, the forces pushing for inaction have prevailed.” 

The rights experts released a public statement at the time the letters were sent, which generated significant attention in the media and prompted a preliminary response from the Secretary-General.