organization unable to stem corruption, according to U.S. and other donor
officials. Overall, this sector provides justice services to only a small
segment of the population because, among other things, the sector still
relies heavily on the use of French in judicial proceedings rather than
Creole the language of the majority of the population.
The Haitian government's lack of a clear commitment to addressing the
major problems of its police and judicial institutions has been the key
factor affecting the success of the U.S. assistance provided to these
institutions. U.S. assistance to the police has been impeded because the
Haitian government has not acted, for example, to (1) strengthen the police
organization by filling currently vacant key leadership positions, such as
the Inspector General and the heads of many field units; (2) provide the
human and physical resources needed to develop an effective police force;
(3) support vigorously police investigations of serious crimes; and (4) keep
the police force out of politics. U.S. assistance to the judicial sector has
been undercut because the Haitian government has not, for instance,
(1) followed through the broad reform of the judicial sector needed to
address its major problems, (2) assumed ownership of many of the
improvements made possible by U.S. assistance, and (3) provided the
physical and human resources needed to operate the sector effectively.
In this report, we recommend that, if the United States decides to provide
any further assistance to the Haitian police and judicial sector, the
Secretary of State provide this assistance with specific, performance
related conditions to ensure that Haiti takes the necessary steps to
strengthen these justice institutions. We obtained written comments from
the Department of State, which agreed with our report and
recommendation. We also obtained written comments from the U.S.
Agency for International Development and oral comments from the
Department of Justice. These agencies also agreed with the information
presented in the report.
Background
Prior to the U.S. led military intervention in Haiti in September 1994, the
Haitian military controlled the police and the judicial sector. According to
U.S. officials, these justice institutions were ineffective and corrupt, and
the population had little access to justice. Military and political cronyism
dominated these justice institutions, with the military providing police
services throughout the country, staffing police positions, and influencing
appointments of magistrates and the decisions they made.
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