Federal Register - August 3, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
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parliamentary elections scheduled for October 2019 did not take place. In January 2020, parliament lapsed, leaving only 10 senators and no deputies remaining in office, and on February 7, 2020, President Mose began to rule by decree, without a legislative body.12
In March 2020, President Mose appointed Joseph Jouthe as prime minister to head a new government. The president subsequently reappointed or replaced all elected mayors throughout the country when their terms ended in July 2020. As of November 2020, the president was the sole nationally elected leader empowered to act, as the 10 senators remaining in office were unable to conduct legislative activities due to a lack of quorum.13
President Mose used executive decrees to schedule a vote on a new constitution June 27, 2021, and then elections for a new president and legislature on September 19, 2021.
However, these moves were met with criticism from opposition parties who feared that these actions may allow President Moses party to retain power indefinitely.14 Further, the international community has expressed the need to address election-related security, transparency and logistical issues so voting can take place. For example, on March 24, 2021, the U.N. Security Council underscored the need for Haiti to address essential security, transparency and logistical considerations and also reiterated the urgent need to hold free, fair, transparent and credible legislative elections, overdue since October 2019. 15 On May 24, 2021, U.S.
Ambassador to the United Nations Linda Thomas-Greenfield met with President Mose and conveyed deep concern regarding Haitis ongoing political impasse, a lack of accountability for human rights violations, and deteriorating security conditions. Ambassador ThomasGreenfield noted that to date, preparations for the constitutional referendum scheduled for June 27, 2021, 12 2020 Country Reports on Human Rights Practices: Haiti, United States Department of State, March 30, 2021, https www.state.gov/reports/
2020-country-reports-on-human-rights-practices/
haiti/.
13 Id.
14 See e.g., Andre Paultre and Sarah Marsh The battle for democracy goes on in Haiti as Mose gains power, The Christian Science Monitor, March 30, 2021, https www.csmonitor.com/World/Americas/
2021/0330/The-battle-for-democracy-goes-on-inHaiti-as-Moise-gains-power.
15 Security Council Presidential Statement Expresses Deep Concern over Multiple Crises in Haiti, Stressing Governments Primary Duty to Tackle Instability, United Nations Security Council Press Release, March 24, 2021

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had not been sufficiently transparent or inclusive, and reiterated that Haiti must hold free, fair, and transparent legislative and presidential elections in 2021.16
Human Rights Violations and Abuses President Mose became increasingly authoritarian through reliance on executive decrees to accomplish his agenda, including the creation of an intelligence agency accountable only to the president.17 The Human Rights Component of the United Nations Integrated Office in Haiti and the Office of the High Commissioner for Human Rights reported a staggering 333%
increase in the number of human rights violations and abuses by law enforcement officials and non-state actors, respectively, against the rights to life and security of person in the period between July 2018 and December 2019.18 The Miami Herald has reported an atmosphere of heightened tension between the government and the press, citing as an example a February 2021
attack against journalists who were covering protests.19 Also, on February 8, 2021 Mose dismissed three Supreme Court judges who had been approached by the opposition as possible interim leaders to replace Mose and head a transitional government.20 In response to these events, the U.S. Embassy in Haiti issued a statement expressing concerns about any actions that risk damaging Haitis democratic institutions. 21 On March 24, 2021, the United Nations Security Council noted with concern reported violations and 16 Readout of a Meeting Between Ambassador Linda Thomas-Greenfield and Haitis President Jovenel Mose, United States Mission to the United Nations, May 24, 2021.
17 Andre Paultre and Sarah Marsh The battle for democracy goes on in Haiti as Mose gains power, The Christian Science Monitor, March 30, 2021, https www.csmonitor.com/World/Americas/2021/
0330/The-battle-for-democracy-goes-on-in-Haiti-asMoise-gains-power.
18 Unrest in Haiti: Their Impact on Human Rights and the States Obligation to Protect all Citizens, United Nations Office of the High Commissioner for Human Rights/United National Integrated Office in Haiti, Jan. 18, 2021, https binuh.unmissions.org/
en/unrest-haiti-their-impact-human-rights-andstate%E2%80%99s-obligation-protect-all-citizens0.
19 Charles, Jacqueline, Haitian Journalists Injured as Nation Plunges Deeper into Turmoil Amid Constitutional Crisis, Miami Herald, Feb. 10, 2021, https www.miamiherald.com/news/nationworld/world/americas/haiti/article249163765.html.
20 Paultre, Andre, Haitian Protesters, Police Clash After President Moves Against Top Judges, Reuters, Feb. 10, 2021, https www.reuters.com/
article/us-haiti-politics/haitian-protesters-policeclash-after-president-moves-against-top-judgesidUSKBN2AA2X6.
21 U.S. Embassy Statement on February 9, 2021, U.S. Embassy in Haiti, Feb. 9, 2021, https
ht.usembassy.gov/u-s-embassy-statement-onfebruary-9-2021/.

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abuses of international human rights, including some involving the alleged use of deadly force against protesters and reported arbitrary arrests and detentions and called on the Government to respect the freedoms of expression and association. It also called on the Inspector General of the Haitian National Police to conduct a thorough investigation of the reported incidents.22
Serious Security Concerns Violent criminal gangs pose a growing challenge to state authority, including de facto control of territory. From 2019
2021 a new federation emerged, uniting urban criminal gangs that control entire neighborhoods in the capital city of Port-au-Prince.23 DOSs Overseas Security Advisory Council OSAC
reported in 2020 that gang activity was also on the rise outside of Port-auPrince, and noting that the last weeks in November 2020 were particularly dangerous, with 14 kidnappings reported at that time.24 In January 2021, a leading Haitian human rights organization, the Center for the Analysis and Research of Human Rights CARDH, stated in its 2020 annual report that over a third of Haitis voters now live in areas controlled by criminal gangs.25 In January of 2021 the U.S.
Agency for International Development USAID said, Security conditions have deteriorated in Port-au-Prince since late November 2020 due to an increase in kidnappings and political protests. 26
In March 2021, the UN Security Council expressed its deep concern regarding the protracted political, constitutional, humanitarian, and security crises in Haiti.27
On April 21, 2021, DOS issued a Level 4 Travel Advisory for Haiti, advising travelers not to visit Haiti because of kidnapping, crime, and civil 22 Statement by the President of the Security Council, United Nations Security Council, March 24, 2021.
23 See e.g., 4 Police Die in Raid on Haiti Gang Stronghold, Voice of America, March 13, 2021
Criminal networks exercise total control over several poor, densely populated neighborhoods of the capital, creating no-go zones where they hold kidnap victims.
24 Haiti 2020 Crime and Safety Report, Overseas Security Advisory Council OSAC, U.S.
Department of State, Apr. 29, 2020, and December 17, 2020, https www.osac.gov/Content/Report/
09752c66-7cac-47f7-a92e-188fe7af0f75.
25 See https cardh.org/archives/1519.
26 HaitiComplex Emergency Fact Sheet 1, Fiscal Year 2021, U.S. Agency for International Development USAID, Jan. 19, 2021, https
reliefweb.int/report/haiti/haiti-complex-emergencyfact-sheet-1-fiscal-year-fy-2021.
27 Statement by the President of the Security Council on Haiti, March 24, 2021.

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Federal Register - August 3, 2021

TitreFederal Register

PaysÉtats-Unis

Date03/08/2021

Page count197

Edition count7795

Première édition14/03/1936

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