State of emergency

• El Salvador: Stop attacks on civil society and civic freedoms

  Government extends a state of emergency with unprecedented mass arrests and restrictions on civic rights.

• HAITI: ‘Gangs control the country instead of the authorities’

  CIVICUS speaks with freelance journalist Nancy Roc about the increase in gang violence and the political situation in Haiti.

  With 38 years of experience, Nancy is a Haitian-born journalist renowned for her work for press freedom. She is the recipient of numerous awards, including UNESCO’s Jean Dominique Prize for Press Freedom.

  What’s the current security situation in Haiti?

  The situation is untenable, to use the exact words of Volker Türk, the United Nations (UN) High Commissioner for Human Rights. Despite a state of emergency and a succession of curfews the government has declared since 4 March to try to regain control of the capital, Port-au-Prince, not a week goes by without kidnappings. Violence is a daily occurrence.

  People are holed up in their homes, most schools are closed and economic activity is severely affected. The same goes for roads, where gangs have been imposing their law for more than three months and many drivers are out of work. Virtually all the capital’s infrastructure has been destroyed or seriously affected by gang attacks.

  An attack on the National Penitentiary on 2 March came as a great shock to Haitians, even though they are used to living under the constant threat of violence. More than 4,500 inmates are believed to have escaped, including prominent gang members and people arrested in connection with the assassination of President Jovenel Moïse in July 2021. There have been widespread looting and attacks, particularly against the National Library, which was stormed on 3 April.

  On the evening of 2 April, heavily armed bandits looted dozens of homes and seized private vehicles in the villages of Tecina and Théodat, in Tabarre municipality, northeast of Port-au-Prince. The vast majority of the population, already living in extreme poverty, have now been plunged into hell and left to fend for themselves.

  As for the police, despite some efforts, they are neither equipped nor numerous enough to deal with such a situation of urban guerrilla warfare against heavily armed gangs. There are currently around 23 gangs operating in the Port-au-Prince metropolitan area, divided into two major coalitions: G-Pèp, led by Gabriel Jean Pierre, known as Ti Gabriel, and G9 Family and Allies, led by Jimmy Chérizier, alias Barbecue. However, UN experts estimate there are between 150 and 200 gangs throughout Haiti.

  According to the UN, since the start of the year, 1,193 people have been killed and 692 injured as a result of gang violence. The health system is on the verge of collapse, and hospitals often lack the capacity to treat the injured. The economy is suffocating as the gangs impose restrictions on people’s movements. The main supplier of drinking water has stopped deliveries. The situation has led to a major food crisis: almost half of Haiti’s 11 million inhabitants need some form of food assistance.

  How did the gangs become so powerful?

  The gangs have powerful backers in government and the private sector. Under former de facto Prime Minister Ariel Henry, who resigned in March, the government funded 30 per cent of the members of the G9. It wouldn’t be surprising if some people, both in the private sector and former senior government officials, have continued to fund them, particularly those who have been sanctioned by the international community.

  A UN expert report published in 2023 also singled out former president Michel Martelly, in power between 2011 and 2016, as well as several prominent business leaders and legislators, as providing resources to armed gangs, whether in kind or in cash.

  The proliferation of gangs began under Martelly and intensified after Moïse’s assassination. By 2019, some 162 armed groups had been identified, more than half of them operating in the metropolitan area. In total, they are said to potentially have over 3,000 soldiers armed with firearms, including adolescents and children.

  Under Moïse, numerous massacres took place, such as the La Saline massacre in 2018, the Bel Air massacre in 2019 and the Cité Soleil massacre in 2020. All took place in neighbourhoods with significant electoral power where members of the opposition lived, and these crimes all went unpunished.

  In 2020, the situation worsened when Chérizier, a former police officer, federated the gangs with the G9 Family, allied to the nine most powerful gangs in the region. This enabled him to control a large part of Port-au-Prince – all while being covertly financed by high-ranking government officials.

  The federation of gangs was even hailed by the UN Secretary-General’s Special Representative in Haiti, who claimed that federating the gangs had reduced the number of homicides by 12 per cent in three months. This caused such a scandal that she was forced to retract her statement, describing it as a ‘misinterpretation‘.

  A year after the assassination of Moïse, as the situation worsened, the UN Security Council unanimously adopted a resolution establishing a sanctions regime that targeted gang leaders and those who financed them. Chérizier was the only gang leader named in an annex to the resolution, but to date no action has been taken against him.

  On 29 February 2024, the situation in the capital took a decisive turn for the worse when Chérizier announced, in a video posted on social media, the reconstitution of the coalition of armed groups known as Viv Ansanm (Living Together). In the video, he claimed responsibility for the tensions that have shaken Port-au-Prince and declared that the gangs’ primary objective was to overthrow the government. He also stated that a hunt was now on for ministers and the Director General of the National Police. He wanted to arrest them and prevent Henry, who was in Puerto Rico, returning to the country. Police officers were killed, police stations were attacked and several flights were cancelled following an assault by gangs at Toussaint Louverture international airport, which has since been closed.

  Chérizier claims to be launching a revolution to liberate the Haitian people from the authorities and the oligarchs. But the gangs have targeted every stratum of society, as well as the poor districts of Port-au-Prince and many state structures that serve the poor, such as the main public hospital. The destruction is such that the UN refers to Haiti as ‘a state on the brink of collapse’.

  By December 2023, more than 310,000 people had been displaced within Haiti. According to the International Organization for Migration, more than 50,000 people left Port-au-Prince in three weeks in March 2024. The scale of the disaster is staggering, and all the countries that had promised police or military aid are absent. Haiti has been abandoned to its sad fate and gangs are controlling the country instead of the authorities.

  Why hasn’t the government reacted to the growing gang threat?

  Four years ago, the Haitian National Police officially had a force of 15,498 police officers, among them only 1,711 women, although the actual number of officers was estimated to be much lower. Moreover, the humanitarian programme put in place by the Biden-Harris administration to make it easier for Haitians to live in the USA has put the police at risk of losing up to a third of its workforce to emigration.

  Against this backdrop, chaos and violence have reached unprecedented levels. Since Moïse’s assassination, the government has been unable to establish order with the police, and the army has only had around 2,000 soldiers. No legislative or general elections have been held since 2016. As a result, there are no longer any elected representatives, as the terms in office of the previously elected ones have expired. Critics of Henry, who was very unpopular, considered his government illegitimate.

  In October 2022, Henry appealed to the international community, requesting the intervention of a foreign force. Given his unpopularity, this aroused public mistrust, as people feared this intervention would strengthen an illegitimate government accused of colluding with gangs. What’s more, the composition of this mission turned into a headache.

  Almost a year later, the UN Security Council adopted a resolution authorising the use of force by an international security assistance mission in Haiti. Neither Canada nor the USA wanted to intervene directly, stressing that the solution had to come from Haitians themselves. But Haitians have been unable to reach agreement, and what’s more, they fear foreign intervention, given the catastrophic interventions led by the UN since 2004. Canada, which had been asked by the USA to take the lead in the intervention, withdrew in March 2023, passing the leadership on to Kenya.

  Deployment of a multinational intervention force was due to begin on 1 January 2024. Last July, Kenya offered to lead the mission with a thousand police officers. Antigua and Barbuda, Bahamas and Jamaica had pledged to send security personnel, and more recently Belize and Guyana did as well. Canada has also pledged to participate in the mission. For its part, the US government pledged to fund the mission to the tune of at least US$100 million.

  As the gangs extended their hold over Port-au-Prince and formed an alliance with the declared aim of overthrowing Henry, he planned to travel to Kenya to sign a reciprocity agreement. While he was away, Chérizier’s criminal gangs launched their attacks on police stations, the airport and prisons. They threatened civil war if Henry returned to Haiti. He resigned on 11 March 2024. The next day, Kenya suspended the dispatch of police to Haiti.

  Who is in charge today, and what are the chances of democracy being restored?

  In the wake of Henry’s resignation, the government declared a state of emergency. On the same day, it was announced that a Presidential Transitional Council (PTC) had been formed to restore order. The Council is made up of nine members: seven voting members and two observers. It includes representatives of the main political parties, civil society and the private sector. Its 22-month mandate is due to end on 7 February 2026 after it has organised ‘democratic, free and credible elections’.

  There are already a number of obstacles to achieving this goal. First, how can security be re-established when the gangs are still receiving weapons from the USA? The latest twist is that when Henry issued the decree announcing the formation of the PTC, it didn’t include any of the members’ names. Since then, the organisations of the PTC’s appointed representatives have expressed their disagreement with the government decree published in the official gazette on 12 April 2024. Finally, the decree formalising the appointment of PTC members was published on 16 April.

  In addition, the Council wishes to be sworn in at the National Palace before the nation, even though the Palace has been targeted by gangs on several occasions. Who will provide security? How can peace be restored to Haiti in a context of such political uncertainty and economic fragility? Will the members of the Council, some of whom are frenemies, be able to look beyond their own interests for the benefit of the nation? And who will rebuild the country after so many young people have left? Will the diaspora finally be called upon?

  Further, the possibility of famine looms on the horizon and the World Food Programme fears that its food stocks will run out by the end of April.

  Finally, how can gangs be persuaded to lay down their arms when they are making millions from kidnappings and arms sales? Crime is a very lucrative business for gangs and for citizens facing great poverty.

  How can we restore justice and punish those who have committed so many crimes against humanity? As the saying goes, no justice, no peace. Finally, what about the gangs’ political ambitions? On 11 March, Chérizier declared that it would be ‘the Viv Ansanm alliance, along with the Haitian people, who will elect the person who will lead the country’. Will the PTC have to negotiate with the gangs?

  The challenges facing the PTC are therefore significant, and one of the most arduous will be to find a way of articulating a request for external aid without losing Haiti’s sovereignty.

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  Civic space in Haiti is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Nancy Roc on herFacebook page and follow@TheNancyRoc on Twitter.

• HAITI: ‘If the mission succeeds, the authorities won’t have to turn again to the international community to maintain peace’

  CIVICUS speaks with Haitian lawyer Rosy Auguste Ducéna about the situation in Haiti and the prospects for a newly deployed international mission.

  Rosy is Head of Programmes at the National Human Rights Defence Network (RNDDH), a civil society organisation working to support the establishment of the rule of law in Haiti.

  Following the resignation of de facto prime minister Ariel Henry in April, a Transitional Presidential Council was appointed to try to start the process of restoring peace in gang-besieged Haiti. Riven by internal divisions, it took until June for the council to appoint a new prime minister, academic and development practitioner Garry Conille. In the same month, the first contingent of a long-delayed Kenya-led United Nations Multinational Security Support Mission began to arrive. Given the long history of failed international interventions in Haiti, civil society is sceptical, and demands that the mission has a strong human rights focus.

  What has changed since the resignation of de facto prime minister Ariel Henry?

  After supporting him throughout his government, the international community finally withdrew its support for Henry, who resigned in disgrace. He was a human rights predator, so we are glad to see him go, even if it wasn’t in the way we would have liked.

  A Transitional Presidential Council was set up with the involvement of the international community through the Caribbean Community (CARICOM), the regional organisation. It’s made up of people who don’t inspire confidence among Haitian people. The only woman on the Council has an observer role, and all the candidates for prime minister it interviewed were men.

  A month after the council was established, with Haitian people ravaged by insecurity and armed gangs, a prime minister was finally chosen: Garry Conille, backed by the international community. The next logical step is to set up a transitional government.

  What does civil society expect from the new prime minister?

  We expect the new prime minister to keep his first promise: to form a government where women don’t play a symbolic role but are in positions of power. And we hope women will be chosen with an agenda to fight for women’s rights in the context of the transition. It’s important to respect the minimum 30 per cent quota of women in decision-making bodies – without this being the ceiling, since over half of Haiti’s population is female – but it’s also important that the women who occupy these positions be involved in the fight against sexual and gender-based violence, discrimination and the social injustices suffered by women.

  We hope the new government’s decisions will take people’s priorities into account’: fighting against insecurity and against the impunity that benefits armed bandits, putting the victims of insecurity at the centre of decision-making and organising elections.

  And since this transition must produce results, everything must be done to ensure the roadmap drawn up by the Council and prime minister is implemented.

  What’s the security and human rights situation like?

  The human rights situation on the ground is very concerning: robberies, murders, rapes, gang rapes, massacres, armed attacks, kidnappings for ransom and the burning of people’s homes and vehicles are commonplace.

  Two large coalitions of armed gangs, formerly at war with each other – G-9 an Fanmi e Alye, led by Jimmy Chérizier, alias Barbecue, and G-Pèp, led by Gabriel Jean Pierre, alias Ti Gabriel or Gabo – have joined forces and are attacking civilians as they seek to consolidate their power.

  The consequences for the lives and security of Haitian people are enormous: armed bandits control the movement of goods and services, including fuel and medical supplies, and sow terror. Some areas have been completely emptied of their population. The victims of insecurity are living in overcrowded camps, in promiscuity, exposed to all kinds of abuse and contagious diseases.

  Not all schools are functioning. Thousands of school-age children and young people who should be attending university have lost an academic year. Hospitals and health centres have been forced to close due to insecurity. Warnings of an acute food crisis have been issued. Haiti is facing an unprecedented humanitarian crisis. And if nothing is done about it, it will only get worse.

  In an impoverished country where the education system was already not inclusive and social rights have always been seen as commodities to be bought, the gap in access to education and quality healthcare is widening. Women, children and people with physical, sensory or cognitive disabilities have been the first to suffer the harmful consequences of the chaos created by armed bandits, with the complicity of the police and Henry’s government.

  Against this backdrop of massive and continuing human rights violations, the Transitional Presidential Council has yet to demonstrate that it understands the need to act quickly.

  How was the new international mission set up and how does it differ from its predecessors?

  On 6 October 2022, Henry called for a ‘robust force’ to be sent, in his words, ‘to combat insecurity, restore peace and conduct elections’. Almost a year later, on 2 October 2023, the United Nations Security Council adopted a resolution authorising the deployment of a force called the Multinational Security Support Mission, after Kenya agreed to take the lead.

  Setting up the mission has taken a long time. It is now up and running, but we remain sceptical.

  This will be the 11^th mission since 1993. All its predecessors have been implicated in human rights violations against the Haitian people, including summary executions, beatings and attacks on physical and mental integrity, sexual trafficking and rape of minors and women. The only punishment for these violations has been repatriation.

  The United Nations brought cholera, the spread of which caused the deaths of over 10,000 people, and paid only lip service to its responsibility. Promises of reparations have never been fulfilled.

  The results of the various missions to Haiti, which have cost millions of dollars, have been meagre. The police and judicial institutions, and the electoral body they were supposed to strengthen, have never been more dysfunctional. The cost-benefit calculation of these missions and their involvement in human rights abuses suggest they are counterproductive.

  However, it must be acknowledged that many people, tired of the insecurity that robs them of their lives and their humanity, and having lost confidence in the Haitian criminal justice system, are pinning their hopes on this international force. At present, the police don’t pursue notorious bandits and the courts don’t try them, even in absentia, despite the fact that several hundred victims of massacres, supported by RNDDH, have filed complaints against their attackers. On the rare occasions they are arrested, they escape or spend years in prison without charges against them ever being cleared up and without their victims receiving justice.

  How can the international mission contribute to sustainable peace?

  Alongside six other Haitian civil society organisations, we have reflected on this question and come up with several recommendations. These include defining the mission’s objectives and ensuring the concerns of human rights organisations are taken into account in the development of the mission’s legal framework and strategic security plan.

  As the United Nations’ resolution is silent or says little on some important issues, we stress the need to address the obligations of security agents in relation to water management, ethical standards and transparency, as well as mechanisms for monitoring and following up on their conduct.

  We also recommend the establishment of mechanisms to prevent human rights abuses and a means for victims to have complaints heard. It is essential that countries that provide those coming to Haiti commit themselves to doing everything possible to ensure abuses are punished and the legal guarantees of victims are protected and respected.

  Above all, we hope the mission will carry out its operations on the ground with the participation of Haitian police officers, who will benefit from training in tactics to fight armed gangs, so when the mission leaves, Haitian authorities won’t have to turn again to the international community to maintain peace and security.

  Civic space in Haiti is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with RNDDH through itswebsite orFacebook page, follow@RnddhAyiti and@AugusteRosy on Twitter, and contact Rosy Auguste Ducéna on herInstagram account orFacebook page.

• Maldives: release judges immediately and respect citizens' civic freedoms

  Global civil society alliance CIVICUS and the Voice of Women (VOW) Maldives condemn the ongoing attacks on the Maldivian judiciary, which has included targeting judges for simply upholding the rule of law and the constitution.  On 6 February 2018 authorities arrested Chief Justice Abdulla Saeed and Judge Ali Hameed, just one day after President Abdulla Yameen declared a 15-day state of emergency.   Justice Saeed is now in an intensive care unit at the Indira Ghandi medical Hospital in the capital, Male.

• Sri Lanka: end government crackdown on peaceful protesters

  

  We, the undersigned organizations, condemn the Sri Lankan authorities' violent crackdown and increasing reprisals against peaceful protesters in Sri Lanka. This includes arrests, intimidation and the brutal attack on the protest camp in Colombo on 22 July 2022. The Sri Lankan authorities must ensure that security forces do not use excessive force and will respect the rights of peaceful protesters at the ‘Gotagogama’ site, which authorities have ordered to be vacated by 5:00 pm on 5 August 2022.[1]

• Sri Lanka: Lift restrictions on fundamental freedoms and investigate violations

  CIVICUS, a global civil society alliance, is alarmed by the declaration of a state of emergency in Sri Lanka, the excessive use of force by the Sri Lankan security forces against protesters and restrictions on internet access following widespread demonstrations in the country.

  There have been anti-government protests since early March 2022 as the country suffers its worst economic crisis in decades. Demonstrators accuse the government of mismanaging the economy and creating a foreign exchange crisis that has led to shortages of essentials such as fuel, cooking gas, milk powder and medicine.

  Hundreds of protesters marched outside President Gotabaya Rajapaksa’s private residence on 31 March 2022. The peaceful protests turned violent when security forces deployed tear gas and water cannons leaving at least 50 injured. Dozens of protesters were arrested and some ill-treated. Eight journalists who were covering the protests were allegedly assaulted by security forces.

  On 1 April 2022, a state of emergency was declared by the president in an effort to quell the protests. It allows authorities to arrest and detain suspects without warrants, and this severely restricts fundamental rights such as the freedoms of expression and assembly. Under the state of emergency, the authorities imposed a nation-wide 36-hour curfew. Despite this, thousands of protesters, including students, continued to take to the streets. According to reports at least 600 protesters were arbitrarily arrested on 2 and 3 April.

  “Sri Lanka’s clampdown on civic space with the imposition of a state of emergency is extremely worrying. We urge the government to refrain from deploying violence against protesters and instead respect and protect peoples’ rights to peaceful protest. All those detained arbitrarily must be released and all abuses by security forces must be investigated and punished,” said Josef Benedict, Asia Pacific Researcher of CIVICUS.

  The government has restricted internet access and social media platform for nearly 15 hours under the pretext of maintaining public and social order. On 2 April 2022, Thisara Anuruddha Bandara, a youth activist who actively promoted the #GoHomeGota social media campaign to oust the president - used widely during the protest - was arrested for allegedly ‘exciting disaffection’ against the president under Section 120 of the Penal Code. He was granted bail a day after.

  “The government must halt any restrictions on internet access, including to social media platforms, which is a clear violation of the right to freedom of expression and information guaranteed by the constitution and under international human rights law. The authorities must also drop the charges against youth activist Thisara Anuruddha Bandara immediately,” added Josef Benedict.

  CIVICUS has documented how the Rajapaksa administration has led an assault on civic space and fundamental freedoms since the President assumed power more than two years ago. There have been ongoing attempts to prevent and disrupt protests. This included imposing a ban on all protests under the pretext of COVID-19, arbitrary arrests of peaceful protesters and activists using the draconian Prevention of Terrorism Act (PTA), as well as criminalising dissenters. In March, the UN High Commissioner for Human Rights, Michelle Bachelet, similarly reported to the Human Rights Council that ‘the Government’s response to criticism has constricted democratic and civic space’.

  As the party to the International Covenant on Civil and Political Rights (ICCPR), the Sri Lankan government has the duty to respect, protect and fulfil fundamental freedoms enshrined under the treaty. This includes the right to freedom of expression and peaceful assembly. Any use of force must only be the minimum amount necessary, targeted at specific individuals, and proportionate to the threat posed.

  The protests and escalating economic crisis has led to the resignations of 26 ministers in the current cabinet leaving only the president, Gotabaya Rajapaksa, and his brother, Mahinda Rajapaksa, the prime minister.

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  Civic space in Sri Lanka is rated as obstructed by the CIVICUS Monitor. 

• Thailand: Immediately repeal emergency regulation that threatens online freedoms

  🇹🇭#Thailand: Joint statement by 1⃣7⃣ international CSOs calling on the authorities to immediately repeal emergency regulation that threatens online freedoms. This regulation is incompatible with international law on freedom of expression & information.
  
  📄https://t.co/Ghqzvpctoy pic.twitter.com/dWgzBo1WhM

  — CIVICUS (@CIVICUSalliance) August 3, 2021

  Seventeen (17) international human rights organisations today denounced the Thai government’s newly announced Regulation No. 29, which empowers the authorities to censor online expression, and investigate and prosecute individuals responsible for communications that may “instigate fear”. The Regulation is the government’s latest attack on the right to freedom of expression and information in Thailand.

• We are in this together, don’t violate human rights while responding to COVID-19

  Arabic

  As governments are undertaking extraordinary measures to curb the spread of COVID-19, we recognise and commend the efforts states are making to manage the well-being of their populations and protect human rights, such as the rights to life and health. However, we urge states to implement these measures in the context of the rule of law: all responses to COVID-19 must be evidence-based, legal, necessary to protect public health, non-discriminatory, time-bound and proportionate.