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February 22, 2021
In solidarity with civil society in Haiti, the International Human Rights Clinic at Harvard Law School, the Lowenstein International Human Rights Clinic at Yale Law School, and the Global Justice Clinic at New York University School of Law have issued a letter in advance of the United Nations Security Council session on Haiti today. The letter can be viewed here and is reprinted in full below.
The three U.S. based law school clinics also released a statement last week calling on the U.S. government to denounce actions by President Jovenel Moïse that threaten human rights in Haiti.Continue Reading…
February 17, 2021
Law Clinics Call for U.S. Government to Condemn Haitian President’s Actions
In solidarity with civil society in Haiti, the International Human Rights Clinic at Harvard Law School, the Lowenstein International Human Rights Clinic at Yale Law School, and the Global Justice Clinic at New York University School of Law have released a statement calling on the U.S. government to denounce actions by President Jovenel Moïse that threaten human rights in Haiti.
Issued on February 13, 2021, the statement describes alarming actions taken by Moïse in the week preceding that threaten the rule of law and suggest an escalating constitutional crisis. Among the many issues cited, the statement notes Moïse’s refusal to step down after the conclusion of his term, the arbitrary detention of notable political officials, the removal of Supreme Court justices, and state violence against protestors and journalists. The U.S. based law clinics identify the crisis as part of a trend of “grave, state-sanctioned human rights abuses in Haiti” and worry that Moïse’s continual affront toward democratic checks on his power indicates his inability to “oversee free and fair elections for his replacement.”
The statement urges the Biden administration to forge a new path in U.S.-Haiti relations.
“The current U.S. administration should not continue the improper pressure that the Trump administration placed on Haitian actors to acquiesce to an unconstitutional electoral process,” the statement says. “Instead, the Biden administration should support democracy and human rights and condemn Moïse’s attacks against Haiti’s constitutional institutions. Otherwise, Moïse may be emboldened to further restrict human rights and democracy.”
The statement also asks the U.S. to halt deportations, given the political instability. “Since the beginning of February, ICE has deported more than 600 people to Haiti, many without even the opportunity to request asylum. These flights have included many children, infants and pregnant women.”
The statement concludes by making specific recommendations for the U.S. government in order to “support the rule of law in Haiti and [to] call on the Haitian government to meet its international human rights obligations.” This week, the organizers reached out to the United Nations to clarify its position on the issue.Continue Reading…
October 16, 2020
Posted by Joey Bui JD'21
Assessing the UN’s Haiti Cholera Response 10 Years On
In 2010, a United Nations (UN) peacekeeping mission caused an outbreak of cholera in Haiti, resulting in the deaths of over 10,000 Haitians. On Oct 8, 2020, ten years after the outbreak began and amid the COVID-19 global pandemic, key experts joined the Human Rights Program at Harvard Law School for a webinar to discuss the ongoing failure of the UN to adequately answer to Haitian victims and what lessons the rights organization should learn moving forward.
It was a rare occasion in which a UN official spoke publicly with Haitian and foreign advocates who have been extremely critical of the UN’s response. During the event, former UN officials provided an inside look at the UN’s failures in Haiti, and expressed shame about the UN’s response. The panel also identified key takeaways for the UN to adopt in order to prevent a repeat in the future.
The virtual panel, which was a part of Harvard Worldwide Week and was co-sponsored by seven different Harvard centers and groups, included Mario Joseph, a prominent Haitian human rights lawyer at Bureau des Avocats Internationaux who has led efforts to seek justice for victims, as well as Haitian doctors who have worked on the frontlines of the outbreak, Dr. Inobert Pierre of St. Boniface Hospital and Dr. Marie Marcelle Deschamps of GHESKIO. Presenting perspectives from the UN were Josette Sheeran, the UN Special Envoy for Haiti; Andrew Gilmour, the former Assistant Secretary-General for Human Rights; and Philip Alston, the former UN Special Rapporteur for extreme poverty and human rights.Continue Reading…
October 7, 2020
Beatrice Lindstrom, Clinical Instructor in the International Human Rights Clinic, has spent almost a decade working with communities in Haiti affected by a 2010 cholera epidemic caused by a sewage leak from a U.N. peacekeeper base. Coming up on the 10 year anniversary of the epidemic, Lindstrom spoke with Liz Mineo of the Harvard Gazette about her pursuit for justice on behalf of cholera victims and the U.N.’s failure to properly provide remedy and reparations after 10,000 died from the disease.
As Lindstrom says in the interview, which you can read in full on the Gazette website:
“If you had told me in October of 2010 that I would still be doing this work 10 years later, I think I would have felt both exasperated and heartbroken that the U.N. still has not responded justly to victims of the epidemic. At the same time, this has been a very long struggle that has been led by victims and affected communities in Haiti. As long as they are pushing for justice for their families, it’s a privilege to be able to stand alongside them.”Beatrice Lindstrom
Learn more from Lindstrom and other experts at the Human Rights Program webinar “10 Years On: Lessons from the Cholera Epidemic from Haiti” on Thursday, Oct. 8 at 2 p.m. ET.
June 30, 2020
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 Today, diving 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.”
June 25, 2020
In Q&A, Beatrice Lindstrom calls for international human rights organization to deliver remedies to cholera victims
In 2010, United Nations (U.N.) peacekeepers caused a devastating cholera outbreak in Haiti. Nearly a decade later and with COVID-19 threatening an already fragile situation, affected communities are still waiting for access to remedy. Beatrice Lindstrom, clinical instructor and supervising attorney in Harvard Law School’s International Human Rights Clinic, has been working for nearly a decade on pathbreaking advocacy to secure accountability from the U.N. for the destruction it caused. Lindstrom was lead counsel in Georges v. United Nations, a class action lawsuit on behalf of those injured by cholera. Prior to joining Harvard Law School, Lindstrom was the legal director of the Institute for Justice & Democracy in Haiti.
Harvard Law Today: How and why did the 2010 cholera outbreak begin in Haiti?
Beatrice Lindstrom: Cholera was introduced to Haiti when the U.N. deployed peacekeepers from Nepal—which was experiencing a cholera outbreak—without testing or treating them for the disease. The peacekeepers were stationed on a base in rural Haiti that had reckless waste disposal practices. Untreated waste from the base’s toilets was routinely dumped into unprotected open-air pits that overflowed into the surrounding community and into a nearby tributary. That tributary feeds into the Artibonite River, the primary water source for tens of thousands of Haitians. The resulting outbreak is the deadliest cholera epidemic in the world: At least 10,000 people have died and approximately one million people have been sickened since 2010. To put it in context, the number of cholera infections per capita in Haiti still exceeds the COVID-19 infection rate in any nation.
HLT: How has the United Nations responded?
Lindstrom: Despite scientific consensus that the U.N. base was the source of the outbreak, the U.N. denied responsibility for six years and refused victims access to any forum to hear claims for remedies. The U.N. enjoys broad immunity, but is required to settle claims by civilians out of court. In 2011, the Haitian human rights organization Bureau des Avocats Internationaux (BAI) and its U.S.-based partner Institute for Justice & Democracy in Haiti (IJDH), where I then worked, filed claims on behalf of 5,000 victims. The U.N. rejected the claims without offering any legal justification, and has refused to refer the claims to an independent claims commission as required under international agreements. The U.N.’s own Special Rapporteur on extreme poverty and human rights called the U.N.’s response “morally unconscionable, legally indefensible, and politically self-defeating.”
It took an extraordinary mobilization of cholera-affected communities and allies in Haiti and abroad to persuade the U.N. to shift course. In 2016, the Secretary-General finally issued a public apology and launched a $400 million “New approach to cholera in Haiti.” But over three years later, the U.N. has raised only 5% of the $400 million promised, and has not paid any compensation to victims. Despite initially pledging to center victims in decision-making, critical decisions about the direction and content of the New Approach have been made without victim input. These deficiencies stem from the U.N.’s continued denial of legal responsibility for the outbreak, which would trigger funding through assessed contributions from its member states and ensure that responsibility is shared collectively across the organization. Instead, remedies for cholera victims is treated as charity and left to compete with other humanitarian causes.
HLT: Why do you think the U.N. has been reluctant to accept responsibility?
Lindstrom: 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 U.N. 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 U.N.’s Legal Counsel has reportedly waged “an extraordinary internal campaign” against anything that would resemble an acceptance of responsibility. Lawyers are often concerned about setting precedent, but here there is consensus among legal experts that the claim falls within the U.N.’s existing duty to compensate for “private law” claims, so the only precedent set would be one of compliance. If the concern is that it would in practice invite claims in other contexts, this implies that the U.N. anticipates many other situations where civilians will be harmed by U.N. negligence. Others resist accepting responsibility because of the financial implications. The $400 million that the U.N. is now seeking for cholera, however, is only a fraction of the $4 billion that it has spent on its stabilization mission in Haiti since the outbreak started. And as governments are now rightly investing trillions of dollars in financial support for households impacted by COVID-19, it is increasingly clear that more could be done for cholera victims if the political will was there.Continue Reading…
May 8, 2020
Beatrice Lindstrom, Clinical Instructor and Supervising Attorney for HLS Advocates for Human Rights, co-authored an op-ed with Adam R. Houston that appeared in the International Peace Institute’s (IPI) Global Observatory blog on May 6, 2020. The article questions how much United Nations (UN) peacekeeping operations have learned in the wake of the 2010 cholera epidemic in Haiti. The article can be read in full below or on the IPI Global Observatory website.
April 30, 2020
A group of fourteen United Nations independent experts released a statement today calling on Secretary-General António Guterres to fulfill the UN’s 2016 promise to take responsibility and deliver justice for the 10,000 victims of a cholera epidemic caused by UN peacekeepers in Haiti in 2010. The statement, which can be read on the UN Office of the High Commissioner for Human Rights website and below, indicates that the experts have also sent a formal communication to the Secretary-General. The intervention demonstrates escalating concern within the UN’s own human rights system that the organization is failing to uphold its obligations to cholera victims. The communication is remarkable for its unprecedented breadth of support from the UN’s own experts in raising allegations that the organization itself is violating human rights.
The statement and communication from the UN experts was prompted by a formal complaint filed in February from Harvard Law School’s International Human Rights Clinic, 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). The formal complaint called on the UN “Special Procedure” system, a group of UN-appointed human rights experts charged with reporting and advising on human rights issues worldwide, to investigate the violations linked to the UN’s response to introducing cholera to Haiti and a subsequent lack of reparations and fulfillment of legal obligations. Signees to the April 30, 2020 letter from UN Special Procedures included experts whose tenures as mandate holders ends today, including Philip Alston, Special Rapporteur on extreme poverty and human rights as well as Leilani Farha, Special Rapporteur on adequate housing. This intervention marks one of the last actions by them in their capacity as mandate-holders.
April 20, 2020
As 3 deportees to Haiti and 75 Deportees to Guatemala Test Positive for Coronavirus, 164 Organizations from the U.S. and Haiti Declare Deportations to be Trump’s Cruel, and Usual, Punishment of Haitians
San Diego, California, April 20, 2020 – Today 164 human rights organizations, immigrants’ rights organizations, faith-based groups and academic institutions across the United States and Haiti submitted a letter to the Trump Administration, Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) denouncing the deportation of 61 Haitians on April 7, 2020, and urging them to halt deportations to Haiti. The letter comes on the eve of rumors of a deportation flight bound for Haiti scheduled for as early as April 21, 2020.
Signatories of the letter were “deeply concerned that all detainees in ICE detention centers have a high risk of exposure to coronavirus.” Deportees are not tested for coronavirus in the U.S. before being deported, and sources indicate that some of the Haitians deported on April 7 were quarantined in Haiti, but none of them were tested.
These concerns were amplified with the report last week that three deportees to Haiti and 75 deportees to Guatemala tested positive for coronavirus. With 215 confirmed cases in Guatemala, the U.S. flights alone make up 35 percent of the confirmed cases in the entire country. The U.S. Center for Disease Control (CDC) has sent a team to Guatemala to investigate further. Pending outcome of the CDC’s investigation in Guatemala, all deportation flights should be suspended.Continue Reading…
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