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Haiti: Relief and Reconstruction

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USAID’s Largest Post-Quake Program Comes to a Close; More Questions than Answers Print
Tuesday, 08 October 2013 14:23

On September 19, in an event attended by U.S. Ambassador to Haiti Pamela White, USAID and Haitian government officials, the U.S.’ largest post-earthquake program came to its official close. According to Ambassador White, the $155 million Haiti Recovery Initiative (HRI) “is among the U.S. Government’s biggest earthquake response programs, and throughout its entire lifetime, the program has remained committed to helping Haitians rebuild their communities and work with national and local leadership to prioritize and respond to community needs.” But, as the program comes to a close, there remain more questions than answers as to what was accomplished.

In the first days after the earthquake in Haiti, USAID awarded contracts to Chemonics International and Development Alternatives Inc. (DAI), each with a value of up to $50 million dollars. The contracts were awarded through USAID’s Office of Transition Initiatives, which aims to support "U.S. foreign policy objectives…in priority countries in crisis,” according to their website. Chemonics’ contract with USAID, obtained through Freedom of Information Act requests, explains that “OTI seeks to focus its resources where they will have the greatest impact on U.S. diplomatic and security interests.” Further, while noting that “OTI cannot create a transition or impose democracy,” they can “identify and support key individuals and groups…In short, OTI acts as a catalyst for change where there is sufficient indigenous political will.”

A press release from USAID announcing the end of the program lists a number of interventions taken by OTI: provision of emergency materials to those displaced, removal of rubble, cash-for-work programs and rehabilitation of government infrastructure, among others. While the press release contains few details, quarterly and annual reports on the OTI website are supposed to provide greater detail -- yet there hasn’t been an update posted in over a year-and-a-half. When asked about the lack of disclosure in December 2012, a USAID official responded that “Due to USAID's website overhaul, more information will be available in the New Year.” No such information has been posted.

USAID Refuses to Release Info to Prevent “Demonstrations”

What information has been made public about OTI’s operations in Haiti has called into question the efficiency and performance of OTI’s contractors. In October 2012, the USAID Office of the Inspector General (OIG) released an audit on the HRI program, finding that the program was “not on track” to complete its projects on schedule. The audit also found that Chemonics was operating with little to no oversight on the part of USAID. Performance indicators were “not well-defined” and only one performance evaluation was completed despite the contract stating that “they should be conducted between two and four times a year.” A previous USAID OIG audit found that OTI was not performing internal financial reviews, despite the contractors “expending millions of dollars rapidly…in a high-risk environment.”

Documents obtained from Freedom of Information Act requests submitted by HRRW have redacted cost information, and the contractually mandated report on to whom Chemonics distributed funds has not been released either. After HRRW appealed the redactions, USAID responded in July, upholding their decision and in fact going even further, reissuing the document that had previously been released, with the entire Statement of Work redacted (the previous version had redacted just part of it). As can be seen in the highlighted section of the image, below, USAID justifies the lack of transparency by stating that “if the information is released, we believe that the information will be used selectively and out of context,” and that “to release the information in such a way could willfully stir up false allegations about the HRI and cause strife within target communities.” Finally, USAID notes that the “release of the information in the Statement of Work would likely instigate demonstrations and create an unsafe environment in which to implement and/or develop programs.” It is unclear how or why the projects listed in their press release would lead to such a violent reaction.

USAID FOIA

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OAS to Send Electoral Monitors to Haiti for Election Yet to be Scheduled Print
Tuesday, 24 September 2013 11:29

The Organization of American States (OAS) will send electoral monitors to Haiti despite the election having not been scheduled, reports AFP. According to Frederic Bolduc, the OAS Special Representative to Haiti, the observers “intend to arrive several months in advance to help authorities register voters and then count votes.” Bolduc pointed out that setting the date of the election was up to the Haitian government and that the “OAS will not decide on a date.”

Elections, which were supposed to be held in November 2011, have yet to be scheduled as conflicts between the president and parliament over the electoral law continue. The head of the U.N. mission in Haiti, Sandra Honoré, told the U.N. Security Council (PDF) in late August that the “delay in the holding of long-overdue partial senatorial, municipal and local elections is of increasing concern and poses a series of risks to the stabilization process.” If elections are not held by January 2014, the terms of many parliamentarians will end, potentially shutting down an entire branch of Haiti’s government and allowing President Martelly to rule by decree.

On a trip to Washington D.C. last week, Haitian Senator Steven Benoit put the blame for the electoral delays squarely on Martelly. Benoit noted that “after two years of hide and seek” with the electoral reforms, formation of the electoral council and submission of the electoral law, there will not be time to reach an agreement before the terms of parliamentarians come to an end. Noting that Martelly told a crowd the previous week that for the next two years he would “run Haiti as he saw fit,” Benoit warned that “having President Martelly run Haiti without a Congress and without holding elections” would ensure a return to “political instability and turmoil.”

As with previous elections, the international community is footing the bill. A United Nations Development Program (UNDP) project, funded by the U.S., Canada, Brazil, the E.U. and others has already disbursed over $401,000 and has estimated the cost of holding elections to be over $32 million. The UNDP project aims to “strengthen the technical and strategic capabilities” of the Haitian electoral council, but the council itself has come under increasing scrutiny. Last week Benoit accused Martelly of having “done all he could to have a hand-picked electoral council.” According to AFP, the involvement of the OAS “elicited numerous complaints by opposition parties, which feel Haiti should determine its own ability to hold elections.” The reaction of the opposition may be a result of the OAS’s role during Haiti’s last election.

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Another UN Soldier Accused of Rape in Haiti Print
Tuesday, 17 September 2013 13:21

The United Nations mission in Haiti, already facing a credibility crisis over its introduction of cholera, is facing new allegations that one of its troops raped an 18-year old woman this past weekend in the town of Leogane, according to police inspector Wilson Hippolite. In an e-mailed statement, the U.N. acknowledged that they “are aware of the allegations made against a military staff member” and noted that a “preliminary investigation has been launched to determine the facts of the case.”

According to Metropole Haiti, the alleged assault occurred off National Highway #2 on Saturday when the 18-year old woman was approached by a Sri Lankan U.N. military officer. A Justice of the Peace, conducting a preliminary investigation, visited the site of the alleged assault on Sunday and found a used condom. Further tests are being conducted, according to the report. The accused has been moved to a different MINUSTAH base in another part of the country as the investigation unfolds. As of July 30, Sri Lanka had over 860 troops stationed in Haiti, making it the third largest troop contributing country to the 9 year-old mission.

This is but the latest in a string of sexual abuse scandals that have plagued the U.N. mission in Haiti. And it’s not the first time Sri Lankan troops have been involved; in 2007 over 100 Sri Lankan members of MINUSTAH were repatriated after allegations of “transactional sex with underage girls.” In fact, according to the U.N. Conduct and Discipline Unit, there have been 78 allegations of sexual abuse and exploitation by members of MINUSTAH reported in just the last 7 years.

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Haiti PM: UN Has “Moral Responsibility” to Address Cholera Epidemic Print
Thursday, 12 September 2013 16:35

Haitian Prime Minister Laurent Lamothe, on a trip to Europe to ensure continued donor support, was asked by France 24’s Marc Perelman about the ongoing cholera epidemic and U.N. responsibility. Perelman notes that “all the scientific evidence up to date points to the U.N.” but questioned Lamothe as to why the Haitian government has “never pushed for a public apology.” Lamothe stressed that the government has tried to address the issue through “direct dialogue” with the U.N., but also noted that the U.N. has an obvious “moral responsibility” to address the epidemic.

The U.N., in addition to not issuing an apology, has never accepted responsibility for the deadly epidemic that has killed over 8,260 and sickened over 675,000 in the last three years. A U.N.-backed cholera elimination plan has been unable to raise the required funds to adequately address the issue, despite Secretary General Ban Ki-moon’s assurance in late 2012 that he would “use every opportunity” to raise the necessary funds. A high-level donor meeting to raise funds for the plan, scheduled for early October in Washington, has now been postponed until 2014. It had been expected that Mr. Ban, as well as World Bank president Jim Yong Kim, would attend. The plan, which requires some $450 million over its first two years, remains less than half funded.

In the meantime, cholera continues to ravage the country as the response capabilities of national actors diminish. In a bulletin earlier this week, the U.N. Office for the Coordination of Humanitarian Affairs (OCHA) noted that “resources for cholera response, including funding and staff, have been in steady decline since 2012.” OCHA concludes by stating that “if this trend continues, it would be virtually impossible to effectively and efficiently respond to the epidemic in the event of sudden outbreaks.” The lack of adequate resources also means that detailed data on where cholera outbreaks are occurring and how many are dying is becoming harder and harder to come by. The actual toll of this imported disease could be much higher than the official numbers indicate.

In late August, members of the U.N. Security Council and countries contributing to MINUSTAH met to discuss the extension of the mission’s mandate. Not a single country (PDF) raised the issue of U.N. responsibility for cholera, though many praised the Secretary General’s efforts to eliminate it. MINUSTAH’s proposed budget for 2013/2014 is $576,619,000, more than enough to fully fund the cholera elimination plan over its first two years.

In light of continued U.N. denials of responsibility, the Institute for Justice and Democracy in Haiti and the Bureau des Avocats Internationaux continue to seek legal redress on behalf of over 6,000 cholera victims. An earlier claim brought to the U.N. was dismissed as “not receivable” in February. A recent Al Jazeera Fault Lines documentary by Sebastian Walker takes a detailed look at the evolution of the epidemic, its impact on rural communities and the responsibility of the U.N. In it, Walker interviews Deputy Spokesperson for the Secretary General Eduardo Del Buey. After Del Buey reads, verbatim, the U.N. press release from February, Walker pressures him to explain the decision:

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Human Rights Defenders Continue to Face Threats and Intimidation Print
Wednesday, 21 August 2013 16:25

Human rights defenders in Haiti are reporting new death threats, and seem to be openly persecuted by powerful individuals and groups, as Mark Snyder and Other Worlds describe today. In an article posted on Huffington Post, Snyder profiles the case of attorney Patrice Florvilus and the Haitian human rights organization Defenders of the Oppressed. Snyder writes:

"Those before you were strong. Now they're all dead. Stop what you are doing, or the same will happen to you."

Those were the words delivered to Frena Florvilus, Director of Education and Advocacy of the Haitian human rights organization Defenders of the Oppressed (DOP), early on the morning of August 11 by one of four unidentified men who attempted to enter DOP's office. The threat echoed numerous others that have been leveled against the DOP office and its staff since they took on the case of a young man who died in police custody within hours of his April 15 arrest, his body left covered with bruises and wounds inflicted by a severe beating. DOP has also been targeted for its work to support displaced peoples who face violent eviction from their camps, by the government and private landowners who are determined to rid the country of camps.

Among the latter may be former dictator Jean-Claude Duvalier himself, as

Reynald Georges, a lawyer representing Haiti's ex-dictator, Jean-Claude Duvalier, has brought formal accusations of arson and "association with wrongdoers" (conspiracy) against DOP's founder and director, Patrice Florvilus, and five others. The accused received criminal court summons for Monday, August 19. Their lawyers filed an objection and request that the charges be dropped, but the prosecutor's office has reissued the summons for Thursday, August 22.

On Monday, hundreds from the displacement camps and community organizations in Port-au-Prince marched to the courthouse together to show their support. A second march will occur Thursday.

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Studies – and Editorials - Pile Up Pointing to UN Responsibility for Cholera in Haiti Print
Tuesday, 13 August 2013 13:16

(This post was revised on August 14, 2013 to add additional references to cholera studies suggested by reader feedback.)

Yet another study [PDF] has determined that the U.N. is responsible for having caused Haiti’s deadly, ongoing cholera epidemic. The new report written by Rosalyn Chan MD, MPH, Tassity Johnson, Charanya Krishnaswami, Samuel Oliker-Friedland, and Celso Perez Carballo and published by the Yale Law School and the Yale School of Public Health, in collaboration with the Haitian Environmental Law Association (Association Hatïenne de Droit de L’Environment), concludes that “The United Nations inadvertently caused a deadly cholera epidemic in Haiti, and has legal and moral obligations to remedy this harm.”

According to the press release accompanying the 58-page report [PDF], the results “directly contradic[t] recent statements by the U.N. Secretary-General that the organization did not bring cholera to Haiti, and has no legal responsibilities for the epidemic or its consequences.”

“The U.N.’s ongoing unwillingness to hold itself accountable to victims violates its obligations under international law,” Johnson said in the release.

A Washington Post editorial on Sunday once again called on the U.N. to take responsibility for the cholera outbreak, and on the international community to put up the funds needed to implement the cholera eradication plan designed by the Haitian and Dominican governments, the U.N., the Pan American Health Organization, and the Centers for Disease Control and Prevention:

IT IS now all but certain that Haiti’s cholera epidemic, which has killed more than 8,000 people and sickened more than 600,000, is directly traceable to a battalion of U.N. peacekeepers who arrived in the country after the 2010 earthquake.

A report from researchers at the Yale School of Public Health and Yale Law School details the convincing epidemiological evidence, as well as the United Nations’ stubborn disavowal of responsibility. Initially, a panel of independent experts enlisted by the United Nations said that the evidence pointing to the peacekeepers was mainly circumstantial. Now the experts have reversed themselves, saying that the Nepalese peacekeepers were “most likely” the cause of the epidemic. Still, the United Nations refuses to accept legal, financial or moral responsibility.

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USAID Takes Step Toward Increased Transparency but Limits Remain Print
Friday, 02 August 2013 14:10

Earlier this week, USAID posted financial information to the U.S. Foreign Assistance Dashboard “in more detail than ever before,” according to the Agency. USAID posted data on 53,000 “transactions” from across the world, and as USAID Administrator Rajiv Shah commented, it “is just the latest in a series of important changes we have made to advance President Obama’s unparalleled commitment to transparency and our own USAID Forward reform agenda.”

USAID’s Forward reform agenda calls for a remaking of the way USAID does business, from an increasing focus on monitoring and evaluation to changing the procurement policies which favor large American companies over local organizations.

The move was widely praised by individuals and groups advocating for greater transparency in foreign aid. Tom Murphy, writing in Humanosphere, called the data drop a “significant forward step for transparency at USAID,” while the D.C.-based Center for Global Development also cheered the move. David Hall-Matthews, the director of Publish What You Fund, told Devex, “This is a great step towards financial transparency … [the] next step is to link this information to performance and project data.”

The new data released by USAID is certainly a positive step, yet in the case of Haiti there is still a long way to go, both in terms of evaluating the effectiveness of U.S. aid as well as in measuring progress toward USAID Forward. The release also comes up far short of what the U.S. Congress is asking the State Department and USAID to provide regarding their work in Haiti.

In September of 2012, Shah stated that prior to the earthquake, less than 9 percent of aid was going to Haitian organizations, but that “we’re over the pre-earthquake level now.” The Miami Herald noted that Shah “was not more specific.” Increasing the use of local partners is a hallmark of the reform agenda, with the goal being to channel 30 percent of aid directly through local partners. However the data released this week paints a starkly different picture, with just over 2 percent of the $150 million in obligations going directly to Haitian groups. This is consistent with previous data analysis, which has shown the vast majority of aid going to groups located in the so-called Beltway around Washington D.C.

Though the new data does reveal the names of certain local organizations which weren’t publically available previously; it still shows USAID is far short of its goal of increasing direct partnerships in Haiti. On the positive side, as USAID intends to continually update the Foreign Assistance Dashboard with this transaction data, it will become significantly easier to track the changes in USAID’s procurement policies over time.

A key piece of the puzzle, which is still missing, is any information on subcontractors. In “Breaking Open the Black Box: Increasing Transparency and Accountability in Haiti,” we noted that only about 1 percent of contracts have reported subaward information, despite legislation requiring them to do so having already come into effect. This new data doesn’t afford any clarity on where the funds given to USAID’s implementing partners end up, key information for determining the local impact.

As Hall-Matthews points out, the critical next step is putting this transaction data in the context of specific projects, including expected benchmarks and actual results. Fortunately, at least in regards to Haiti, this is what the U.S. Congress is beginning to ask for.

Following a recent GAO report which noted significant delays, cost overruns and other problems with USAID’s work in Haiti, Rep. Eliot Engel (D-NY), the ranking Democrat on the House Foreign Affairs Committee stated, “the Haitian people, as well as the US taxpayer, deserve better answers about our assistance than we have received to date.” The increased calls for further transparency come after Rep. Barbara Lee (D-CA) recently reintroduced the Assessing Progress in Haiti Act, which, among other things, calls for the type of transactional data released by USAID, but also including the subprime level. The bill goes further, requiring a description of “goals and quantitative and qualitative indicators to evaluate the progress, or lack of achievement of such goals.” Recent language attached to the Senate Foreign Appropriations Bill includes similar requirements.

While the release of data by USAID is a welcome step toward transparency, it’s also a reminder of how much further there is to go. 

 
UN’s Own Independent Experts Now Say MINUSTAH Troops “Most Likely” Caused Cholera Epidemic Print
Friday, 26 July 2013 10:56

The number of experts casting doubt on the likelihood of the U.N. having been the source of Haiti’s deadly cholera epidemic is getting increasingly smaller. In what Foreign Policy’s Turtle Bay blogger Colum Lynch calls a “dramatic retreat,” a panel of independent U.N. experts who earlier had reported that the outbreak’s cause "was not the fault" of any "group or individual" and cited environmental factors – most notably Haiti’s lack of adequate sanitation – as being partly at fault, have now determined that U.N. troops from Nepal "most likely” were the cause.

Lynch goes on to write:

the four scientists -- Alejandro Cravioto, Daniele Lantagne, G. Balakrish Nair, Claudio F. Lanata -- who wrote the original report say that new evidence that has come to light in the past two years. While not conclusive, that evidence has strengthened the case against the United Nations.

The experts -- who no longer work for the United Nations -- also defended their initial findings, saying the "majority of evidence" at the time was "circumstantial." They added, that the "current strain Nepal strain of cholera was not available for molecular analysis" at the time.

The team's new report tracks the arrival in October 2010 of a contingent of Nepalese peacekeepers from Kathmandu to a U.N. encampment in the Haitian village of Mirebalais, which sits on the banks of the Artibonite River.

Lynch writes that

The report stated that the peacekeepers had constructed a series a "haphazard "system of pipes from the U.N. camps showers and toilets to the six fiberglass tanks. The "black water waste," which included human feces, was then transferred to an open, unfenced, septic pit, where children and animals frequently roamed. The system provided "significant potential" for contamination.

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One Thousand Days of Cholera : Almost 8,200 Killed and Still No UN Apology Print
Monday, 15 July 2013 16:49

A sad milestone has passed: it has now been 1,000 days since Haiti’s cholera outbreak began. Even though U.N. troops from Nepal have been linked to the outbreak through study after study, and even though U.N. Special Envoy for Haiti Bill Clinton admitted the troops were the “proximate cause” of the epidemic, the U.N. has yet to apologize. And its cholera eradication plan remains woefully underfunded, as we noted last week.

The Economist writes today of the U.N.’s continuance in dodging responsibility:

In a letter to members of the United States Congress who had urged the UN to take responsibility for the cholera outbreak, Ban Ki Moon, the UN's secretary-general, reiterated that the UN’s legal office has decided the claims are “not receivable” because of the UN’s privileges and immunities. The UN has offered little insight into its reasoning, except that consideration of the claims would involve a review of “political and policy matters”. That statement has only raised more questions, including whether “dumping disease-laden waste water in rivers is UN policy,” as a reporter asked at a press briefing last week.

Critics argue that the UN’s stance is tantamount to claiming impunity—that the UN, an organisation whose mission involves promoting the rule of law, is putting itself above it. The Haitians’ lawyers now plan to sue the UN in Haitian and United States courts. If a court decides to hear the claims, the case could have far-reaching implications for peacekeeping practices around the world.

The bacterium, meanwhile, has killed nearly 8,200 Haitians and made unwell close to 665,000, about 7% of the population. Waterborne diseases spread fast in Haiti because the country lacks proper sewerage. The rainy season is especially problematic, and although Tropical Storm Chantal did not make a direct hit on Haiti last week, the additional rain will probably cause cholera cases to spike.

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Groups Call UN Secretary General’s Response to Cholera Victims and Congress an “Outrage” Print
Monday, 08 July 2013 17:26

In a press release yesterday, lawyers from the Institute for Justice and Democracy in Haiti (IJDH) and Bureau des Avocats Internationaux (BAI) called U.N. Secretary General Ban Ki-moon’s response to 19 members of congress and victims of cholera “outrageous.”

In May, Rep. Maxine Waters and 18 of her colleagues sent a letter to Ban urging the U.N. to “take responsibility” for the introduction of cholera and to commit enough resources to eradicate the epidemic which has already killed over 8,200 Haitians. The letter followed the U.N.’s rejection of compensation claims from over 5,000 victims of cholera, represented by IJDH and BAI.

In responding to the 19 members of congress, Ban expresses his "concern about the devastating impact of the epidemic,” but fails to mention the U.N.’s responsibility for its introduction, as more and more scientific studies continue to show. Ban touts the U.N.’s work in responding to the epidemic, but also notes that funding is “far from sufficient” and that “the austere fiscal climate” could put financing for the $2.2 billion 10-year cholera elimination plan in jeopardy. The U.N. has chipped in just $23.5 million of its own funds for the plan, which continues to face a massive funding shortfall

In a separate letter from the Sectary General’s legal department to IJDH and BAI, the U.N. reiterates that the claims are “not receivable,” declining even to meet to discuss the matter further.

Yesterday, IJDH and BAI responded to the letters:

July 8, 2013, Port-au-Prince, Boston — Lawyers for victims of the cholera epidemic introduced to Haiti by poor United Nations (UN) sanitation practices in 2010 call two July 5 letters from the UN — one to members of the U.S. Congress from Secretary- General Ban Ki-Moon, the other from his legal department to the victims’ lawyers — “outrageous.” The letter to Congresswoman Maxine Waters and eighteen colleagues in the House of Representatives delivers an off-hand dismissal of serious legal questions raised by a letter from the Members, and provides a deeply disingenuous response to the Congressional concerns regarding a lack of progress by the UN in responding to its cholera epidemic. The letter to the lawyers states that the UN will not even consider the cholera victims’ claims — which are based on the UN allowing its waste disposal system to deteriorate to the extent that raw sewage was discharged directly into the top of Haiti’s largest river system — because doing so would include a “review of political and policy matters.” The UN provided no legal justification for such an extraordinary claim.

“The hypocrisy of the UN’s position is clear to the victims of UN cholera and everyone else in Haiti,” according to Attorney Mario Joseph of the Bureau des Avocats Internationaux, who is lead counsel for the 5000 victims and families who filed claims against the UN in November 2011. “The UN claims a mission of promoting the rule of law, and regularly lectures Haitian citizens and officials about the need to submit to the law. Yet the UN will not even explain why it is not subject to its own laws.”

Secretary-General Ban’s letter to Congress contains three claims of progress in fighting cholera that do not withstand scrutiny. First, the letter touts that a May 31 conference brought pledges in support of its Cholera Initiative to US$207.4 million, which is $31.1 million dollars less than the total pledge amount the Secretary-General announced for the initiative on December 11, 2012, and there are few details on how the plan will be fully- funded. Second, the letter points to the UN’s construction of wastewater treatment plants in Croix-des-Bouquets and Morne-à-Cabrit, but both plants have been repeatedly closed — Morne-à-Cabrit is currently closed — due to lack of international funding. Third, the letter claims that “the majority of [the] recommendations” made by a UN panel of experts to avoid future epidemics “have been adopted and are being implemented by the United Nations system” when a May 3 Report Card from Physicians for Haiti found that five of the seven recommendations were partially or completely unimplemented two years after the report’s release.

To read the entire release, click here.

 

 
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