Haiti’s Electoral Crisis Finally Concludes, for Now

By Emma Fawcett*

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Newly inaugurated Haitian President Jovenel Moïse speaks with the Dominican press. / Karla Sepúlveda / Presidencia República Dominicana / Flickr / Creative Commons

Haitian President Jovenel Moïse, inaugurated this week following an 18-month electoral crisis, is likely to have a short honeymoon before the country’s multiple crises hit him hard.  While the transfer of power was long overdue – after a year of transitional rule by interim President Jocelerme Privert – questions remain about Moïse’s ability to govern.  He is a 48-year-old businessman with no political or governing experience.  The election delays suppressed voter turnout to a paltry 21 percent, so the 55 percent of votes that he won amounts to just 9.6 percent of registered voters.  Tensions remain high among the other 53 former presidential candidates.

  • Challenges to Moïse’s term in office have already emerged. While Haitian presidential terms are five years, some constitutional experts believe that Moïse lost a year due to the electoral crisis – that interim President Privert’s year in office counted – and therefore that he has only four years remaining.
  • Moïse already faces allegations of corruption. In a case he claims is politically motivated, he has been under investigation for money laundering since irregularities in his bank transfers were first discovered in 2013.  Four opposition senators last week requested additional information about the investigative judge’s findings, and another former presidential candidate has filed as a plaintiff in the case.  The judge’s order and the prosecutor’s intentions have not been made public, but the investigation has been expanded to include interviews of Moïse’s wife and several other associates.  Several senators boycotted the inauguration in protest.

Haitian economic and social problems remain severe.  The mandate for MINUSTAH, the UN peacekeeping mission that has been in place for the last 12 years, expires in mid-April.  Foreign assistance has continued to decline, although Hurricane Matthew caused $2.8 billion in damage last October and another 30,000 cases of cholera are expected this year.  Thousands of Haitians have fled the island, including about 5,000 currently awaiting entry on the US-Mexico border.  Inflation exceeds 14 percent a year, and growth for 2017 is expected to be -0.6 percent.  Even the budget for Moïse’s inauguration was slashed by 50 percent in light of austerity measures, although several foreign presidents and a U.S. delegation led by Omarosa Manigault, a former reality TV star and assistant to President Trump, attended.

Moïse faces tremendous challenges – without anything resembling a popular mandate.  If he is prosecuted, moreover, Haiti could be rapidly plunged back into political instability.  But  foreign media indicate that many Haitians hope that his business background as a banana exporter and auto parts dealer will help him revive the economy, especially the agricultural and textile sectors.  Moïse has indicated repeatedly that he hopes to preserve and expand Haiti’s preferential trade agreements with the United States: “President Trump and I are entrepreneurs, and all an entrepreneur wants is results, and therefore I hope we’ll put everything in place to make sure we deliver for our peoples.”  With the electoral uncertainty finally over, Moïse is slightly better positioned than his two most recent predecessors – transitional President Privert and embattled President Michel Martelly – to foster political stability, engage the diaspora, and encourage foreign direct investment.  But with so many competing priorities and the distraction of his money laundering case, it will be enormously difficult for the new president to serve “all Haitians” as his inaugural address promised.

February 9, 2017

 Emma Fawcett is an Adjunct Professorial Lecturer at American University.  Her doctoral thesis focused on the political economy of tourism and development in four Caribbean countries: Haiti, Dominican Republic, Cuba, and the Mexican Caribbean.

Deciding Asylum: Challenges Remain As Claims Soar

By Dennis Stinchcomb and Eric Hershberg

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Graphic credit: Nadwa Mossaad / Figure 3, “Refugees and Asylees 2015” / Annual Flow Report, November 2016 / Office of Immigration Statistics, Department of Homeland Security

The exodus of children and women from the three countries of Central America’s Northern Triangle – El Salvador, Honduras, and Guatemala – is accelerating, but information gaps and institutional flaws are obstructing asylees’ access to legal protections and hindering equitable decision-making on their claims in the United States.  The United Nations has recorded a nearly five-fold increase in Northern Triangle citizens seeking asylum in the United States since 2008, a trend driven largely but not exclusively by a spike in child applicants.

  • Legal scholars agree that high-quality, verifiable data on forms of persecution experienced by migrants in their home countries better equip attorneys to establish legitimate asylum claims and inform the life-transforming decisions by U.S. immigration judges and asylum officers.  Accumulating evidence also indicates that deeper systemic challenges to transparent, unbiased processing and adjudication of asylum claims remain, with grave consequences for the wellbeing of Central American migrants with just claims for protection under international and U.S. law.

In a December hearing before the Inter-American Commission for Human Rights (IACHR), advocates presented immigration court data from U.S. jurisdictions dubbed “asylum-free zones” – large swaths of the map where low asylum approval rates prevail.  In Atlanta, Georgia, for example, U.S. government data show that 98 percent of asylum claims were denied in Fiscal Year 2015; in Charlotte, North Carolina, 87 percent were rejected – far above the national average of 48 percent.  The month before, the highly respected U.S. Government Accountability Office (GAO) issued a scathing report, citing variations in application outcomes across immigration courts and judges.  (See full report for details.)  Attorneys and advocates refer to this phenomenon as “refugee roulette,” an arbitrary adjudication process further complicated by the fact that many asylees’ fate is determined by Customs and Border Protection (CBP) officers who function as gatekeepers to the asylum system.  Border Patrol is an increasingly militarized cadre of frontline security officers whose members took the remarkable and unprecedented decision to publicly endorse the presidential candidacy of Donald Trump.

Accurate information on the conditions asylees face in their native countries is fundamental to getting fair treatment in the United States.  The barriers to due process and disparities in asylum outcomes have long been sources of concern, and the systemic flaws – and politicization of CBP processes – raise troubling questions about screener objectivity and the degree to which prevailing U.S. screening procedures conform to international norms.  That asylum claims made by many Central Americans are first considered by officers of institutions whose primary responsibility is to deport undocumented persons, rather than to protect refugees, signals a glaring misallocation of responsibilities.  The U.S. failure to accurately and efficiently adjudicate claims at all levels of the discretionary chain – from frontline officers to immigration judges – also undermines efforts to promote fair treatment of intending migrants elsewhere in the hemisphere.  Mexico’s overburdened refugee agency COMAR, for example, continues to struggle to provide requisite protections, even while reporting a 9 percent increase in applications each month since the beginning of 2015.  Meanwhile, the UN reports steady increases in applications in Belize, Nicaragua, Costa Rica, and Panama.  Citizens of the Northern Triangle states who have legitimate grounds for seeking protection as refugees stand the most to lose, but the consequences of institutional failure in the U.S. and neighboring countries’ asylum systems reverberate beyond individuals and families.  With virtually no government programs to reintegrate deported migrants, growing numbers of displaced refugees returned to Northern Triangle countries ill-equipped to receive and protect them will further complicate efforts to address root causes of migration throughout the region.

January 19, 2017

A workshop on Country Conditions in Central America & Asylum Decision-Making, hosted by CLALS and the Washington College of Law, with support from the National Science Foundation, examined how social science research on conditions in El Salvador, Guatemala, and Honduras can assist in bridging the gap between complex forms of persecution in the region and the strict requirements of refugee law.

This material is based upon work supported by the National Science Foundation under Grant No. 1642539. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of the National Science Foundation.

Haiti: Hurricane Matthew’s Devastating Impact

By Emma Fawcett*

Group of Haitians unpacking supplies

A citizen of Beaumont, Haiti unloads hurricane relief supplies from USAID on October 13, 2016. / U.S. Air Force / Photo by Tech. Sgt. Russ Scalf / Flickr / Creative Commons

Hurricane Matthew, which made landfall on Haiti’s southwestern claw on October 4, devastated citizens’ lives, homes, and businesses – and set back much more across the country.  Some 546 are reported dead, and 128 are still listed as missing.  According to World Bank estimates, the Category 4 hurricane caused nearly $2 billion in damages, including $600 million in the agricultural sector.  The hard-hit southern peninsula provides about one-third of Port-au-Prince’s food supply, and the losses of crops and fishing equipment have long-term implications for food security.  Ninety percent of the homes in the South and Grand’Anse regions were damaged or destroyed, and according to the Environment Ministry, the storm sped up deforestation and has destroyed more recently planted trees.  The relief efforts have been poorly coordinated by Haiti’s interim government, resulting in press reports of looted aid convoys and sporadic protests.

The storm has also set back almost every key initiative underway in Haiti.

  • Just two months after the United Nations finally acknowledged its role in bringing cholera to the country in 2010 (for which it subsequently proposed an aid package that includes restitution to victims), flooding and contaminated water have led to a dramatic increase in the number of cholera cases. An estimated 3,400 new cases have been reported in just the last four weeks.  With help from the World Health Organization, the Haitian Ministry of Health will begin administering 1 million doses of the oral cholera vaccine, but addressing cholera also necessitates serious improvements in access to safe water and sanitation.
  • Haiti’s elections, scheduled for October 9 and already a year overdue, were rescheduled once more due to the hurricane. They are now set for November 20, but foreign observers and candidates alike indicate that major obstacles remain.  More than 770 schools, which are typically used as polling stations, were destroyed by the storm, and roads throughout the south remain impassable.

Once again, it falls to the international community to lend Haiti a hand, but donors have been sluggish.  During a visit in mid-October, UN Secretary General Ban Ki-moon said that he was “disappointed by the response of the international community.”  Less than a third of the UN’s $120 million appeal for immediate hurricane relief has been raised – and the UN was already struggling to raise funds for its separate cholera fund.  Donor fatigue in the United States, where the government contributed several billion in tax dollars and more than half of citizens made private donations following the 2010 earthquake, has been deepened by widespread perceptions that money was wasted.  Poor coordination, wasteful spending by aid agencies, and political stagnation have meant that Haiti has little to show for the $9 billion in earthquake relief.  (The Red Cross, for example, spent $500 million on various projects, but, despite its stated focus on housing, famously built just six permanent homes.)  Canada’s anticipated assumption of leadership of MINUSTAH, the UN peacekeeping mission, from Brazil by the end of the year may help energize aid efforts.  Canada has a large Haitian diaspora population and Prime Minister Trudeau has signaled interest in taking a larger role in Haiti’s recovery, but Canada’s contributions to hurricane relief are still dwarfed by those of the United States.  Once again, Haiti lurches from one crisis to another – and it will continue to until aid and development efforts are better coordinated and the country achieves some measure of political stability.

October 31, 2016

Emma Fawcett recently completed a Ph.D. in International Relations at American University.  Her doctoral thesis focused on the political economy of tourism and development in four Caribbean countries: Haiti, Dominican Republic, Cuba, and the Mexican Caribbean.

What does “Canada is back” mean in the Americas?

By Stephen Baranyi*

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Mexican President Enrique Peña Nieto and Canadian Prime Minister Justin Trudeau during the “Tres Amigos Summit” in Ottawa, June 2016. / Presidencia de la República Mexicana / Flickr / Creative Commons

Canadian Prime Minster Justin Trudeau and his cabinet ministers’ statements following their election in October 2015 that “Canada is back” reflect a global strategy that is likely to give a boost to Canada-Latin America relations.  Canada never “left” the Americas during the decade of Conservative governments led by Prime Minister Harper, but the new administration is patching up its predecessors’ mixed record.  Building on the Americas Strategy launched in 2007, Ottawa signed new bilateral free trade agreements with Colombia, Peru and others; broadened its engagement in regional security affairs; and greatly increased its whole-of-government engagement in Haiti.  Canada played a major role at the Summit of the Americas in Panama (April 2015) and hosted the Pan American Games (July 2015).  Yet the revelation of Canada’s espionage in Brazil, visa restrictions on Mexicans, the poor reputation of some Canadian mining firms in the region, and its inability to reach a trade agreement with the Caribbean Community fed a growing desencanto in Canada’s relations with the region.

Through mandate letters issued to ministers in late 2015, the Trudeau government made clear that the Americas would remain an important priority, despite renewed emphasis on Asia and Africa, and that inclusive growth, the responsible governance of Canadian extractive activities abroad, and women’s and indigenous peoples’ rights would get emphasis in the region.  In June, Canada hosted the “Tres Amigos Summit” with NAFTA partners United States and Mexico.  Ottawa also announced that by December, Mexican citizens would no longer need visas to enter Canada, removing a big irritant in Canada-Mexico relations.  The government reaffirmed its partnership with Colombia by indicating its desire to make bilateral free trade more inclusive and announcing projects to support the implementation of peace accords.

  • Ottawa has opportunities for deeper involvement in these countries. In Mexico, Canadian interests will be served through a better balance between pursuing economic opportunities in sectors like petroleum and supporting Mexicans struggling to strengthen rule of law in a system compromised by corruption.  Colombia also requires a sophisticated whole-of-Canada engagement strategy, particularly since the failure of its referendum on the peace accords on Sunday.  Ottawa has signaled interest in continuing to support the rule of law and broader development in Haiti, but Trudeau’s ability to justify large expenditures there will depend on the completion of legitimate elections by February 2017.

Ottawa’s appointment of a new Ambassador to the Organization of American States (OAS) and commitment to revitalizing it as “the premier multilateral organization of the Americas” points to broader engagement on a regional level.  The Trudeau administration could join the Latin American and Caribbean trend on drug policy by decriminalizing the sale of marijuana at home and supporting reforms to OAS and UN counterdrug programs.  Assisting the implementation of the UN Small Arms Treaty, which Ottawa is poised to ratify, could also contribute to rule of law and security in the Americas.  Canada will also find many partners (from Chile to Costa Rica) to promote gender equality.  With regard to First Nations, Ottawa may be tempted to focus on funding new aid projects; yet Canada’s credibility will remain suspect until it ratifies the American Convention on Human Rights and ensures that all Canadian mining firms respect the rights of indigenous communities to free and prior informed consent in large-scale extractive activities.  The Trudeau government will probably monitor the multi-dimensional crisis in Venezuela, the situation in Brazil, and other challenges in the region – over which it probably lacks the leverage to make a significant difference but can lend moral authority to solutions.  Given its clear commitment to a global, rather than regional, strategy, the current administration is wise to carefully select entry points on which its thematic priorities align with opportunities in particular countries.

October 5, 2016

* Stephen Baranyi is an Associate Professor at the University of Ottawa’s School of International Development and Global Studies.  He also chairs the Latin America and Caribbean Group (LACG) of the Canadian International Council.  The author acknowledges his LACG colleagues’ input into this blog, while taking responsibility for its limitations.

Haiti: Plus ça change …

By Fulton Armstrong

Photo credit: a-birdie and Free Grunge Textures / Flickr / CC BY

Photo credit: a-birdie and Free Grunge Textures / Flickr / CC BY

Haiti buried Jean-Claude “Baby Doc” Duvalier last week, but his and his father’s ghosts continue to haunt Haitian politics and keep institutions so weak that, after two decades of operations, the United Nations decided to renew its mandate there yet again this week.  Duvalier didn’t get the state funeral his family and closest supporters wanted, but his sendoff was dignified enough to demonstrate that political elites have forgiven his excesses – including thousands of extrajudicial killings and unbridled corruption – or were at least nostalgic for his version of “law and order.”  President Martelly tweeted that Duvalier was “an authentic son of Haiti” and sent his personal friend and counternarcotics chief, Gregory Mayard-Paul, to the service.  While a small group of protestors outside the church demanded justice for the dictator’s abuses, several hundred of Haiti’s economic and political elite applauded the eulogies for Baby Doc, who was forced into exile in 1986 and returned in 2011.  Duvalier outlived by three months the first president to be elected after his removal, Leslie Manigat, who himself was overthrown in a bloodless coup after serving less than six months in office (1988).  The next democratically elected successor, Jean-Bertrand Aristide, was ousted in two coups (1991 and 2004) and last month was put under house arrest for alleged corruption.

Institutional weaknesses dating back to the Duvaliers’ rule and before continue to stymie progress in Haiti.  Because the government is unable to provide even basic police services for  the people, this week the United Nations Security Council again – for 20 years in a row – authorized an extension of a mission to provide either peacekeeping or “stabilization” support.  The vote was unanimous and, according to the UN’s own press report, the MINUSTAH mission would continue “for another year, until 15 October 2015, with the intention of further renewal.”  Like past resolutions, this week’s called on Haitian political leaders “to work cooperatively and without further delays to ensure the urgent holding of free, fair, inclusive, and transparent [elections]” at the legislative, partial senatorial, municipal, and local levels.  Senate elections are three years overdue, perpetuating the sort of political crises that have long plagued the country.  Officials’ reassurances to U.S. Secretary of State Kerry and others last week that elections will be held this month lack credibility in the absence of an electoral law and the complex preparations necessary for voting.

It would be inaccurate and unfair to say that Haiti has made no progress since Jean-Claude’s ouster almost 30 years ago.  The vicious and corrupt Haitian military has been disbanded, and – although the Tonton Macoutes that the Duvaliers deployed to force the population into submission were never brought to justice – vigilantes no longer roam the streets terrorizing entire neighborhoods.  Haitian elections have been messy but, in many observers’ estimation, clean enough to give Presidents and legislators a good bit of legitimacy.  But the tragedy of Haiti that keeps repeating itself is one of unfulfilled aspiration.  Individual Haitians are deeply committed to education – sacrificing huge portions of family income to keep children in school – and, when jobs are available, work as hard as anyone in the hemisphere.  Despite billions in aid, the country’s institutions are too weak, and the elites’ interest in keeping them that way is too strong, to move the country faster.  The politically and economically powerful who prospered under Duvalier surely hope that any responsibility they had for his excesses was buried with him, and if Haitian history is any guide, they’ll get away with it – while the UN and international community keep internal Haitian tensions in check and help provide basic services.

October 16, 2014