The Role of Criminal Justice in Peacekeeping Operations

Unit 9:Case Study: Haiti

Instructor Anthony O’Brien

Email: aobrien@kaplan.edu

Unit 9: Assignments

Reading: – UN Peace Operations and State Building: A

Case Study of Haiti Seminar (20 pts)

Discussion Board (25 pts) Paper (180 pts)

225 Total Points

Unit 9 Project

Select a peacekeeping effort that requires the re- establishment of the rule of law and write a 4 - 5 page paper identifying, analyzing, and evaluating its success or failure. Incorporate all of the course readings, and cite at least three additional resources, in supporting their evaluation. The following points should be covered in your paper:

Unit 9 Project

Identify the event and the peacekeeping mission and describe how it unfolded

Identify criminal justice institutions that are part of this peacekeeping operation and how they aided in the success or failure of the mission

Relate how this operation and these institutions specific roles had an impact on the missions success or failure

Analyze the outcome based on the positive or negative exploitation of these institutions

Assess the effectiveness of these institutions on the peacekeeping operation and suggest two alternative outcomes based on the knowledge you have acquired in this course

Support those outcomes with your research

Unit 9 Project

Students will include a chart measuring five statistical barometers of a pre and post-conflict society used by the student to bolster their view of the success or failure of a particular peacekeeping effort. The student should read and incorporate models contained in theWorld Peace Foundation’s Good Governance Rankings: the Art of Measurement.

Use the reading material provided in the course as well as additional statistical evidence where appropriate

Include data from “Extra! Extra!” as well as additional academic sources of your choosing The chart should comprehensively demonstrate the increase or decrease of the particular

phenomenon you have identified to prove your assertions The chart should have both tables and graphics, statements of fact, and sources clearly

identified The chart may include such statistical data as: prison populations, violent crime, political

crime, economic indicators, tribal or ethnic makeup, practicing civil and criminal attorneys, judicial budgets, and police enforcement focus

The statistical data used should pertain to the years before, during, and after the societal disruption

Haiti History

Gained independence from France in 1804 First successful slave rebellion First independent nation in Latin America or

Caribbean Suffered isolation from other nations;

internally distrusts foreigner influence 200 years of poverty and repressive

government followed independence

Haiti

Is the UN mission (MINUSTAH) in Haiti build around a peace agreement?

Haiti

No; there is no peace agreement The UN mission in Haiti is best characterized as a

state-building project

Haiti

Identify obstacles to state-building and reform efforts in Haiti

Haiti

Sporadic violence Personality-based/rent-seeking groups Haitian elites disinterested in reform (reform

not considered “progress”) State capacity is weak Recurring natural disasters (e.g., 4

hurricanes in 2008; earthquake in 2010)

Haiti

Why is state capacity weak?

Haiti

Low level of human resources – 52% of population illiterate– 80% of population lives in poverty– few fit for management

Unique security challenges – conflicts not between organized groups– instead violence is sporadic, with rapidly mobilized groups of the

poor with unclear political interest– traditional DDR ineffective)– External Influence (foreign actors, often the US, intervene to

prevent or prompt regime change in favor of foreign gov’t)

Haiti

Tax Revenues– Regressive tax structure (tax rate decrease as

amount subject to tax increases); favors wealthy– Lax enforcement

Lack of political will for reform – disinterest or resistance by Haitian elites to reform

Haiti

Special focus is on police reform. Haiti dissolved its military in the mid-1990s because of human rights violations. Its security sector is comprised primarily of the Haitian National Police (HNP).

Identify challenges in the reform of the HNP

Haiti

Professionalism (ranks filled by ex-military) Gender representation (less than 10% are

female) Inadequate salary Corruption Slow Vetting (expelling human rights violators) Increasing force (from 5k to 14k)

Haiti

Identify challenges in judicial reform

Haiti

Judicial reform not prioritized Less coherent and coordinated No single international actor has assumed

responsibility for initiating reform Corruption Inadequate personal security for judges Human resources (low competency rate) Accessibility (French official language of courts but

Haitian creole is primary language of public)

Haiti

Identify the problems present in Haiti’s correctional system

Haiti

Prolonged pre-trial detention Overcrowding Depleted infrastructure Poor prison administration

Haiti

Reform efforts in corrections did not begin until 2007 Success of the reform undetermined Goals

– Separate most dangerous prisoners from minimal risk detainees until maximum security prison is built;

– modernize existing prisons– Increase prison staff ; built database systems (with prisoner

records) – Vet prison guards similar to vetting in HNP

Haiti

In 1995, President Jean Bertrand Aristide disbanded Haiti’s military

Why? Decades-long history of repression and violence toward civilians

UN peacekeeping force presently provides border security

Haiti

Michel Martelly (current Haitian president) has announced plan to reconstitute military

Haiti

Should Haiti reconstitute its military? Identify pros and cons

End of Class

Good luck!