Logan Nantais

On July 15th, 2024, the International Justice Clinic (IJC) submitted a written submission of recommendations regarding prevention and recourse against sexual exploitation and abuse in the Multinational Security Support (MSS) Mission to Haiti. The submission was crafted with the support of the Institute for Justice and Democracy in Haiti who provided valuable insight and research recommendations for the development of this report.

The issue at hand is urgent and arises out of United Nations Security Council Resolution 2699 approving a Kenyan-led international policing mission to address rampant gang violence, insecurity, and a declining police force in Haiti. Currently, 80% of Haiti’s capital city, Port-au-Prince, is controlled by gangs. However, there are significant concerns regarding the arrival of the Kenyan force, with many Haitians wary of foreign intervention after the last UN mission, which led to high levels of sexual violence and the reintroduction of cholera to the country. Further, the Kenyan police force has had a history of abuse and scandal, with many arguing that this is not the proper police force to be sent to Haiti. Resolution 2699 allows the MSS to deploy to Haiti for one year and states that MSS participants must dedicate significant resources to combat sexual and gender-based violence. However, statements are not enough, and what is needed are strict preventative measures with the ability to provide swift recourse if they are violated.

The report highlights past issues of sexual violence in international missions sent to Haiti and provides an overview of international human rights law prohibiting sexual exploitation and abuse. The report continues by stating the obligations of states involved in the MSS mission and lists recommendations believed to be crucial in the effort to prevent sexual exploitation and abuse. These recommendations emphasize screening, training, tracking mechanisms, and treating Haitians as rights holders. The report further provides recommendations for recourse and reparations in the case that sexual exploitation and abuse do occur, including developing complaint and reporting mechanisms, criminal prosecution, civil liability, and parental support mechanisms.

This report was submitted to officials at the Department of State, the Organization of American States, and the United Nations Integrated Office in Haiti.

Clinic student Logan Nantais supported this report’s research, drafting, and submission.