Seton Hall Law’s “ Haiti Rule of Law Project”

 

Submitted by: Eric Magnelli, “Haiti Rule of law Project” Student Organization President

 

On February 27, 2005, five law students and four faculty members from Seton Hall Law School traveled to Haiti to visit a Law School located in Jeremie. The purpose of this trip was to assist in promoting the rule of law. The relationship between the two schools was established a few years before and was strengthened during the visit.

 

Precautions were taken prior to the trip for several reasons. Less than a week before the delegation would arrive in Port-au-Prince, over 400 prisoners had escaped from a prison in that city. The Furthermore, the one year anniversary of the ousting of President Aristide coincided with the visit, and talk traveled throughout the country that demonstrations would be conducted. The delegates would learn that some of the demonstrators were killed. The constant threat of violence and lawlessness throughout Port-au-Prince made personal activity between Seton Hall Law and the people of Port-au-Prince out of the question. Fortunately, we were drove through the entire city, and at least, was able to witness the absolute poverty and complete lack of resources the citizens were faced with. Businesses were abandoned, garbage had not been collected, the smell of exhaust made it difficult to breathe, and the people wore scraps of second hand clothing that was brought over by the UN mission over ten years ago.

 

The purpose of the trip was to assist a law school in Jeremie in promoting the rule of law. Five evenings a week, the students in Jeremie walk great distances and attend classes under generated lighting. Their mission is to become educated on the rule of law. There are no jobs waiting for these students upon their completion of Law School. What is waiting, however, is an entire country that is in need of the enforcement of the rule of law and access to it.

 

The mandate of MINUSTAH echoes much of the UN’s mandate in 1993 when UNMIH was being conducted in Haiti. It is imperative the UN learn from its previous operations in order for the current mission to be a success.

 

Peacekeeping operations require dialogue by all parties in order to achieve success. Undoubtedly, those parties involved will be comprised of government officials, political parties, the military, police and security personnel, justices, correction officials, and various other government institutions throughout Haitian society. However, in order to ensure success, the United Nations needs to reach out to the majority population.

 

The people of Haiti are not adequately being represented by the various institutions. Furthermore, it cannot be assumed that the people of Haiti are informed as to the UN mission in Haiti and what it hopes to accomplish. The only way for the UN to understand what the Haitian population needs is to communicate with them directly. By the same token, direct communication is the only way for the Haitian population to understand exactly what the UN mission is trying to accomplish.

 

The most important element of any operation is to secure a stable environment. Without a stable environment, the other elements will not take hold. Human rights violations, as well as political and random violence are escalating throughout the country. Everyday, the citizens of Haiti witness these horrific events. They witness these events and see these crimes go unpunished. Furthermore, everyday they see UN troops and personnel scattered throughout their country, and they see no improvements to their lives in any way. This raises multiple questions in the minds of the Haitian people:

 

Why is the United Nations not preventing this violence?

Why is the United Nations not punishing those committing the violence?

Is the United Nations assisting in this violence?

Are the Haitian people being exploited for some other foreign interest?

 

The Haiti Rule of Law Project believes that dialogue must take place between the citizens of Haiti and the UN peacekeepers. This dialogue will provide a variety of benefits to all parties:

 

1. The Haitian population will be updated as to the achievements or problems the UN is facing in regards to securing a stable environment and promotion of human rights.

 

2. The UN will be better informed in regards to the problems affecting the Haitian people, and in turn can take measures in those areas in need.

 

3. A relationship of trust and confidence will be forged between the citizens of Haiti and the UN peacekeeping mission.

 

4. The dialogue and education shared between the UN and the citizens of Haiti could instill respect for the rule of law throughout Haitian society that will continue when the UN mission comes to an end.

 

The United Nations needs to hear the voices of Haiti’s silent majority by meeting directly with them. This includes, but is not limited to, the poor, women’s organizations, and grassroots groups and victims of human rights violations.

 

We urge the United Nations Security Council to take advantage of its presence in Haiti to hear the voices of the country’s disenfranchised.