 |
Comrades,
Below you will find the latest perjury done onto to the court of International Justice, Democracy and Sovereignty; onto the valiant peoples of Haiti. In the form of an "Accord," the unelected, unelectable, illegitimate shock-trooper Latortue / Boca Raton, FL regime has attempted to subjugate the world's first Black Republic to the will, jurisdiction and rule of an ostensibly International Peace Keeping force – in the form of a Washington subservient, Elite / Bourgeois conniving junta – ; a protectorate state, a colony, new-day, transformed packaged in the veneer of Neo-Liberalism and blistering racism. That no mandate, accord, treaty, Security Council Measure and the like, can gift 202 yrs of Independence born by bloodshed and righteousness is assumed. Further that such a audacious maneuver be disingenuously struck by a cabal lacking recognition from 1/3 of United Nations members – CARICOM, African Union and others --, a clique of fascist technocrats steering a half-witted, arguably senile Prime Sinister in the Haitian tradition of Les Politiques de Doubleurs (the politics of the understudy), is Orwellian and Draconian in a situation where the tactics of Machiavelli are far more appropriate.
Such brazen barbarism and contempt for the institution of Democracy is only witnessed at the height of Empire.
The legitimate president of Haiti, Jean Bertrand Aristide remains in exile, victim to a kidnapping and bushwhacking by the Marine's finest. The recently elected president of Haiti, Renee Preval, is little more than an effigy of the proverbial figurehead, impotent and thwarted by the premeditated delay of Parliamentary elections. And now, the coup de gras, the below accord; in essence a bill of sale on Haiti's Democracy, Independence and Sovereignty, ceremoniously sacrificed and offered-up to the dimwitted, cowardly, retrograde pack of Neo-Liberal Hyenas and their blood and guile-thirsty Emperor at 1600 Pennsylvania Ave.
The coup d'etat of 2-29-04 was a harrowing and dismal day for both Haitians and the International community, those concerned with the inalienable rights to self-determination. In comparison, despite the 14,000 murdered hitherto, February 22nd surpasses that day n all that is unjust, wanton and violent.
The Haitian People are this hemisphere's original guerillas. Our efforts are now redoubled.
Towards Revolution, JG Boomerang Politick
February 22, 2006 Accord Arrangement on the monitoring, restructuring and reforming of the Haitian National Police (HNP) and the restoration and maintenance of the rule of law, public order and public safety in Haiti Supplemental to the Agreement between the United Nations and the Government of Haiti Concerning the Status of the United Nations Stabilization Mission in Haiti (MINUSTAH) Arrangement on the monitoring, restructuring and reforming of the Haitian National Police (HNP) and the restoration and maintenance of the rule of law, public order and public safety In Haiti
Supplemental to the Agreement between the United Nations and the Government of Haiti Concerning the Status of the United Nations Stabilization Mission in Haiti (MINUSTAH) The Special Representative of the Secretary-General of the United Nations for Haiti and the Prime Minister of the Republic of Haiti; Recalling the Agreement between the United Nations and the Government of Has Concerning the Status of the United Nations Stabilization Mission in Haiti (MINUSTAH), done at Port-au-Prince on 9 July 2004 (the "SOFA"': Recalling paragraph 59 of the SOFA, in accordance with which the Special Representative of the Secretary-General and the Government of Haiti (the "Government" may conclude supplemental arrangements to the SOFA: Recalling Security Council resolution 1542 (2004) of 30 April 2004, in which the Security Council, acting In this regard under Chapter Vll of the Charter of the United Nations, decided that MINUSTAH shall have the mandate, Inter Oa:
In support of the Transitional Government, to ensure a secure and stable environment within which the constitutional and political process In Haiti can take place;
to assist the Transitional Government In monitoring, restructuring and reforming the Haitian National Police, consistent with democratic policing standards, including through the vetting and certification of its personnel. advising on its reorganization and training, including gender training, as well as monitoring/mentoring members of the Haitian National Police; to assist the Transitional Government, particularly the Haitian National Police, with comprehensive and sustainable Disarmament, Demobilization and Reintegration (DDR) programs for all armed groups, including women and children associated with such groups, as well as weapons control and public security measures;
to assist with the restoration and maintenance Of the rule of law, public safety and public order in Haiti through the provision inter ails of operational support to the Haitian National Police and the Haitian Gvaat Guard, as well as With their institutional strengthening, including the reestablishment of the corrections system; to protect Untied Nations personnel, facilities, installations and equipment and to ensure the security and freedom of movement of its personnel, taxing into account the primary responsibility of the Transitional Government in that regard;
to protect civilians under imminent threat or physical violence, within its capabilities and areas of deployment, Without prejudice to the responsibilities cif the Transitional Government and of police authorities;
Recalling also that, in that same resolution, the Security Council decided that MINUSTAH shall also have the mandate, inter ails:
to assist the transitional Government in its efforts to organize, monitor and carry out free and fair municipal, parliamentary and presidential elections at the earliest possible date, in particular through the provision, Inter alia, of continued security;
to assist the Transitional Government in extending State authority throughout Haiti and support good governance at all levels; Recalling other Security Council resolution 1608 (2005) of 22 June 2005, in which acting under chapter VII of the charter of the United Nations, the Security Council inter aria, extended the mandate of the Minustah and: Requested the Secretary General to share with the council the reform plan for the Haitian National Police formulated by the Minustah and the Haitian authorities that was to include the antielpated size, standards. Implementation timetable and resources; requested that MINUSTAH and the Haitian authorities take aft necessary steps to achieve Optimal coordination between MINUSTAH's civilian police and the Haitian National Police; Haiti to ensure that HNP personnel do not serve unless certified and to ensure that technical advice and recommendations provided by MINUSTAH are fully implemented by Haitian authorities at all levels without delay; and urged the Transitional Government to conduct proper and transparent investigations into cases of human rights violation; particularly those allegedly involving HNP officers; and requested that in order to support this effort MINUSTAH make the Joint Special Investigation Unit operational as soon as possible; Recognizing that the Transitional Government of the Republic of Haiti and Its successors are principally responsible for establishing a professional police service that is effective, efficient, consistent with democratic standards and meets the needs of Haitian people; Recognizing also that the maintenance of security and stability in Haiti remains in the first place the responsibility of the Government of the Republic of Haiti and of its police authorities; Recognizing the need to enable the Haitian National Police (the "HNP") progressively to assume as great an extent of operational responsibility as is compatible with the maintenance of a secure and stable environment, the rule of law, public safety and public order in Haiti and as is commensurate with progress achieved in the restructuring and reform of the Haitian National Police, consistently with democratic policing standards; Wishing to put in place, pursuant to Security Council resolution 1608 (2005) of 22 June 2005, necessary arrangements to achieve optimal coordination between MINUSTAH's military units and civilian police and the Haitian National Police:
Wishing also to put in place, pursuant to Security Council resolutions 1542 (2004) and 1608 (2005) of 30 April 2004 and 22 June 2005, necessary common arrangements for the engagement of MINUSTAH and Its assets and of the Government of the Republic of Haiti in the monitoring, restructuring and reform of the Haitian National Police; Have agreed as follows: 1. DEFINITIONS For the purposes of this Supplemental Arrangement, the following definitions shall apply, in addition to those contained In Part I of the SOFA: (a) Area of operation ..
(b) the Government shall provide MINUSTAH with copies of any arrangements that it may have concluded before the entry-into-force of this Supplemental Arrangement and which remain operational. If MINUSTAH considers that such an arrangement might conflict with its mandated responsibilities or the implementation of the HNP Reform Plan, the Government shall take the necessary steps to make such adjustments to that arrangement as MINUSTAH may indicate are needed in order to avoid such a conflict
2.4 HNP reform shall be supported through a progressive program of certification of HNP personnel administered by MINUSTAH, as mandated by Security Council resolutions 1542 (2004) of 30 April 2004 and 1608 (2005) of 22 June 2005. That program shall be administered by security council and implemented in accordance with the principles set out in Annex II to this supplemental Arrangement in accordance with the Security Council resolution 1608 (2005) in order that an individual may serve or continue to serve the PNH in any of its units or sections and at any rank 3rd level, it shall be necessary that he certified for service by Minustah pursuant to the program referred to above and that such certification is current and valid. Individuals who have not been certified for service or whose certification of service has not been renewed by Minustah and has ceased to be valid and current may not serve or continue to serve with HNP or any of its units or sections and may not otherwise perform any law-enforcement function in Haiti. The government shall ensure that the service with the HNP or any such individual is terminated forthwith and that he or she is precluded from service during the currency of the supplemental arrangement in any position within the HNP or otherwise performing any law-enforcement functions in Haiti. 2.5 Without prejudice to Section 2.4 above and subject to Section 2.6 below, all decisions regarding the retention, promotion, discipline and dismissal of HNP personnel shall rest with and be taken by the competent Haitian authorities. In taking their decisions in such matters, the Haitian authorities shall take into account any advice given by MINUSTAH in accordance with Security Council resolution 1608 (2005). 2.6. No promotion of HNP personnel shall take place unless the individual officer concerned has first successfully completed a vetting process devised and administered by MINUSTAH. 2.7 MINUSTAH. in consultation with Me competent authorities of the Government shall prepare draft minimum selection criteria for new recruits seeking to enter service with the HNP and shall submit them to the Government no later than forty-five (45) days after the entry-into-force of this Supplemental Arrangement for approval by the Conseil Superieur de la Police Nationale (CSPN) provided for in Annex I to this Supplemental Arrangement. Once approved by the CSPN, those criteria shall constitute the minimum selection criteria for selection for service with the HNP. Pending such approval, the draft criteria shall provisionally serve as such. 2.8 Without prejudice to the above, the Haitian authorities at all levels shall accept and fully implement without delay technical advice and recommendations provided by MINUSTAH regarding the monitoring, restructuring, reforming, reorganization and training of the HNP. 2.9 Without prejudice to the generality of Section 9.3 below, the Government, acting in close coordination and consultation with MINUSTAH, shall ensure the prompt Preparation, drafting and adoption, issuance, promulgation or enactment, as appropriate, of such directives, rules, decrees, executive Instruments or legislation as may be necessary to ensure the proper, effective and lawful Implementation of the HNP Reform Plan, the certification program and technical advice and recommendations provided by MINUSTAH pursuant to Sections 2.2, 2.4 and 2.8 above. 2.10 In order to ensure thorough and transparent investigations of cases of suspected human rights violations allegedly involving HNP personnel, the Haitian authorities shall make all necessary information available to MINUSTAH's Joint Special Investigation Unit and shall ensure full cooperation et all levels with itlrestigdl1005 QoNUc1vcl ay that Unit Acting In cooperation with MINUSTAH, the Government shall develop Its national capacity to investigate such violations. 3. BASIC PRINCIPLES FOR THE MAINTENANCE OF THE RULE OF LAW, PUBLIC SAFETY AND PUBLIC ORDER IN HAITI 3.1 Pursuant to its mandate under Security Council Resolution 1542 (2004), as extended, MINUSTAH has the responsibility, in support of the Transitional Government, to ensure a secure and stable environment within which the constitutional and political process In Haiti can take place and to assist with the restoration and maintenance of the rule of law, public safety and public order In Haiti through the provision Inter aria of operational support to the Haitian National Police and the Haitian Coast Guard. 32 The SRSG shall determine which security tasks that are necessary to secure these objectives are most appropriate for performance by MINUSTAH Security Support Components, which are most appropriate for performance by the HNP and which are most appropriate for performance by the HNP acting with the operational support of MINUSTAH Security Support Components. In making this determination, the SRSG shall, whenever and wherever possible, act in close consultation with the competent Haitian authorities and take duly Into account the current capacity and operational capabilities of the HNP end its relevant units and sections. 3.3 The HNP leadership shall ensure that no HNP deployment or operations are undertaken without prior consultation and coordination with the MINUSTAH Police Commissioner or his or her designate, except where the possibility for the HNP so to deploy or to conduct such operations without such prior consultation and coordination is expressly provided for In written policies or procedures jointly developed and agreed by the Director General of the HNP and the MINUSTAH Police Commissioner. 3.4 It is envisaged that, as the HNP Reform Plan and the certification program are implemented and the operational capacity of the HNP increases and strengthens, the HNP will progressively play a greater role in ensuring a secure and stable environment and in restoring and maintaining the rule of law, public safety and public order. In particular, it is envisaged that operational responsibility for maintaining security, stability, the rule of taw, public safety and public order in specific geographical areas or for performing specific categories of operational tasks or functions will eventually be assumed by the HNP, pursuant to written agreements between the SRSG and the Director General of the HNP. 3.5 Notwithstanding the HNP may have assumed operational responsibility for ensuring a secure and stable environment and restoring and maintaining the rule of law, public safety and public order in a specific geographical area in accordance with Section 3.4 above, the Government of Haiti may nevertheless request MINUSTAH temporarily to resume operational responsibility for discharging those tasks, in whole or in part, in or with respect to that area. Detailed provisions on the content communication and compliance with such requests are set out in Annex Ill to this Supplemental Arrangement. 3.6 MINUSTAH Security Support Components and the HNP shall at all times operate under their awn separate and Independent chains of command and control. No elements of MINUSTAH shall command elements of the HNP; nor shall any elements of the HNP command MINUSTAH Security Support Components or any of their constituent elements. MINUSTAH Security Support Components and the HNP shad each have and maintain their own respective ROE/DIR. Neither the SRSG, nor the Force Commander, nor the Police Commissioner, nor any other member of MINUSTAH is authorized to receive instructions from any official of the Government or from any HNP personnel, Including with respect to the discharge by MINUSTAH of Security Responsibility for and within an AO, where such responsibility has been temporarily transferred to MINUSTAH pursuant to Annex III to this Supplemental Arrangement 3.7 The fact that the SRSG may have determined that a security task is most appropriate for performance by MINUSTAH Security Support Components shall not preclude the HNP from providing individual HNP personnel to assist MINUSTAH Security Support Components with language and local guidance when so requested by those Components; nor shell it preclude HNP personnel from accompanying those Components for training purposes pursuant to their applicable training plan. 4. PLANNING CONSULTATION AND INFORMATION EXCHANGE 4.1 The Minustah Police Commissioner, the Force Commander and representative of the HNP, shall as soon as practicable following entry-into-Force of the Supplemental Arrangement jointly develop draft contingency plan concerning their operational collaboration. 4.2 The following consultation arrangements and mechanisms shall be established and be made operational immediately following the entry-into-force of this Supplemental Arrangement: (a) Senior representatives of the Government and the SRSG shall meet regularly to consider and discuss MINUSTAH support and assistance to the Government for the maintenance of security and stability and with the restoration and maintenance of the rule of law, public safety and public order in Haiti.
(b) Senior officers of the HNP and of the MINUSTAH police and military components shall meet regularly to consider and discuss issues relevant to the discharge of their respective responsibilities.
(c) Subject to authorization by the SRSG, senior officers of the MINUSTAH police and military components shall be made available to the Government, at Its request, to attend ministerial-level meetings or to discuss and advise on important security issues.
(d) MINUSTAH and the Government shall establish a dedicated telephone line for use in emergency situations by the SRSG, the MINUSTAH Force Commander, the MINUSTAH Police Commissioner, the Prime Minister, the Minister of Justice and Public Security and the Director General of the HNP. MINUSTAH shall also provide these persons with mobile telephones exclusively for use in such situations. 4.3 Subject to the requirements of operational security, legal considerations (including the relevant provisions of the SOFA), statutory limitations and the mandates of their respective services, the MINUSTAH military and police components and the HNP shall exchange security information and shall otherwise cooperate, wherever and whenever possible, by passing on to each other any available information that would facilitate their operations of their respective services. 4.4 The Transitional Government shall provide members of MINUSTAH performing functions under this Supplemental Arrangement, including the HNP Reform Plan and the Certification Program, with: (a) free, Immediate and unrestricted access to all offices, facilities and institutions, including prisons and places of detention, where the HNP and HNP personnel may be deployed, work or operate;
(b) free, immediate and unrestricted access to any and all sources of information, materials, files, records, documentation and archives within the possession or under the authority or control of the HNP or other Haitian authorities, including prosecutorial, Investigative or judicial authorities, that relate to the organization, management, training, functioning or operations of the HNP or to the recruitment, retention, promotion, training, performance or activities of individual HNP personnel;
( c) full and unhindered freedom to meet with and to interview all persons in possession of information considered necessary by the Minustah to the fulfillment of its responsibilities pursuant to this Supplemental Arrangement, including representatives of national and local authorities, HNP personnel, persons accused or convicted of involvement in crimes. That shall include freedom to meet and interview such persons in conditions of privacy and confidentiality, as deemed necessary. In the case of persons in detention, meetings and interviews will be conducted in the presence of members in the prison service. 5. OPERATIONAL AUTHORITY AND RESTRICTIONS When providing security assistance pursuant to this Supplemental Arrangement, MINUSTAH Security support Components will operate in strict accordance with their ROE/DIR 6. ANCILLARY UNDERSTANDINGS The MINUSTAH military and police components and the HNP may conclude ancillary understandings, as approved by the SRSG and relevant Haitian authorities, that are consistent with this Supplemental Arrangement 7. SETTLEMENT OF DISPUTES Without prejudice to Part Ylll of the SOFA, any dispute between MINUSTAH and the Government concerning the interpretation and application of this Supplemental Arrangement shall be settled by negotiations. 8. AMENDMENT, ENTRY-INTO.. (b) Considering and approving the draft minimum selection criteria submitted by Minustah in accordance with section 2.6 of this Supplemental Agreement. 2. The CSPN shall establish its own working procedures and decide on the dates and times of its meetings, and shall establish subsidiary working-level bodies as appropriate. Annex II Certification program 1. The restructuring and reform of the Haitian National Police (HP) shall take place through a progressive process that will combine academic training, on-the-job training and regular monitoring. This will enable HNP officers to assume increasing responsibilities as their technical skills and professionalism develop, while respecting the Security Council's stipulation in Resolution 1608 (2005) that HNP personnel should not serve unless certified, 2. The certification program shall consist of the following three stages: (a) registration: (b) provisional certification; (c) final certification A. Registration 3. All individuals serving with the HNP or any of its units or services at the time of the entry-into-fume of this Supplemental Arrangement shall be identified and registered by MINUSTAH. 4. All graduates from the HNP Academy shall be registered by MINUSTAH. (B) Provisional Certification 5. M individuals who have been registered by MiN USTAH in accordance with Section A of this Annex shall be provisionally certified for service with the HNP by MINUSTAH, 6. Provisional certification for service with the HNP shall be valid for one year. At the end of that period, provisional certification for service with the HNP shall be renewable by MINUSTAH for successive periods of one year. 7. All HNP personnel who have been provisionally certified for service with the HNP by MINUSTAH shall be issued by MINUSTAH with a card certifying this, Indicating the date on which such provisional certification was granted and the date or dates, if any, on which it was renewed. The card shall also state that the provisional certification of the HNP personnel concerned shall cease to be valid one year from the date on With it was first issued or was last renewed. 8. All HNP personnel who hold valid and current provisional certification for service with the HNP shall be authorized to undertake law-enforcement activity, under HNP command, in an on-the-job training capacity. 9. All HNP personnel who are provisionally certified for service with the HNP shall undergo training, in accordance with the requirements laid dawn in the HNP Reform Plan.
As that training progresses and the ability and skills of such HNP personnel increase and are strengthened, individual HNP personnel shall progressively assume greater levels of operational responsibility and perform increasingly complex, specialized or sensitive tasks. The Director General of the HNP, acting on the advice of the MINUSTAH Police Commissioner, shall issue directives, In accordance with the HNP Reform Plan, defining the differing levels of operational responsibility and various operational tasks to which individual HNP personnel who are, provisionally certified for service with the HNP may be assigned. The assignment of such individual HNP personnel to those various levels of operational responsibility and operational tasks shall be made by competent Haitian authorities acting in accordance with the advice of co-located Minustah police advisers. 10. The performance of individual HPN personnel who are provisionally certified for service with the HPN in term inter alia of their technical skills, professional demeanor adherence to democratic policing standards gender sensitivity and respect for human rights shall be evaluated on a monthly basis by co-located Minustah police advisers. 11. Renewal by MINUSTAH of the provisional certification of individual HNP personnel Shall depend upon their satisfactory completion of training activities, their satisfactory performance of their duties and their proven adherence to democratic policing standards, gender sensitivity and respect for human rights. 12. The MINUSTAH Police Commissioner shall elaborate detailed standards regarding the training that HNP personnel must undertake and the performance-attainment standards that they must meet, including with respect to adherence to democratic policing standards and respect for human rights, in order for their provisional certification to be renewed. These standards shall be made known and available to all HNP personnel who hold valid and current provisional certification for service with the HNP.. and (e) Of other significant circumstances which the SRSG, in consultation with the MINUSTAH Police Commissioner and Force Commander, determines warrant the assistance of MINUSTAH Security Support Components. (D) forms of security assistance 18. Subject to the approval requirements contained in this Arrangement, MINUSTAH may, through the MINUSTAH Security Support Components and in accordance with its ROFJDIR, provide the following types of security assistance to the Government (a) Provide logistic support to enable the HNP to operate beyond its normal capability, including through the provision of transport, rations, accommodation, communications and medical support. (b) Rescue and recovers& Assist civilian victims of natural or man-made disasters. (c) Clean-up operations: Clean up following natural or man-made disasters. (d) Patrol present: Conduct foot, vehicle or aerial patrols. (e) Armed escorts: Protect vulnerable civilian convoys in support of the civil power, (f) Protection of key sites: Protect key national properties and elements of infrastructure in support of the civil power. (g) Checkpoints: Establish and conduct static or mobile checkpoints. (h)Cordon: Provide an outer perimeter or cordon around an incident site (i) Crowd control: Control and disperse crowds for public safety in support of the civil power. (j) Detaining, searching and disarming: Detain, search and disarm persons, vehicles or premises. (k) Recapture of key sites: Recapture and reoccupy key national facilities and elements of infrastructure in support of the civil power. (E)Planning 17. The MINUSTAH Police Commissioner, the Force Commander and the Director General of the HNP shall, as soon as practicable following the entry-Into-force of this Supplemental Arrangement, jointly develop draft contingency plans detailing the security assistance that MINUSTAH may make available to the Government pursuant to this Annex. Copies of these plans shall promptly be provided to the SRSG for approval. (F) Proviso 18. The provisions of this Annex shall in no way limit the competence and the authority of MINUSTAH, pursuant to its mandate, to take action, without any prior request from the Government, to ensure a secure and stable environment in Haiti, to protect United Nations personnel, facilities, Installations and equipment, to ensure the security and freedom of MINUSTAH personnel or to protect civilians under imminent threat of physical violence.
12:18 AM
Powered by  | | English | | Albanian | | Arabic | | Bulgarian | | Catalan | | Chinese | | Croatian | | Czech | | Danish | | Dutch | | Estonian | | Filipino | | Finnish | | French | | Galician | | German | | Greek | | Hebrew | | Hindi | | Hungarian | | Indonesian | | Italian | | Japanese | | Korean | | Latvian | | Lithuanian | | Maltese | | Norwegian | | Polish | | Portuguese | | Romanian | | Russian | | Serbian | | Slovak | | Slovenian | | Spanish | | Swedish | | Thai | | Turkish | | Ukrainian | | Vietnamese |
|