MINUJUSTH BENCHMARKS: Mandate Implementation Dashboard [1]

6 Sep 2018

MINUJUSTH BENCHMARKS: Mandate Implementation Dashboard

DPKO

As requested by the Security Council in its resolutions 2350 (2017) [2] and 2410 (2018) [3], the United Nations Mission for Justice Support in Haiti (MINUJUSTH) established a mechanism to monitor progress in the implementation of the benchmarked two-year exit strategy to a non-peacekeeping United Nations presence in the country. The data collection and analysis for the 46 indicators continue to be conducted in collaboration with the United Nations country team and national stakeholders. The indicators show uneven progress against the benchmarks informing the future drawdown of MINUJUSTH. Efforts must be redoubled to ensure that the benchmarks are attained and form a solid foundation on which to strengthen the rule of law, cons olidate stability and advance towards sustainable development.

*Benchmark*	*Indicator*	*Target Timeline*	*Target*	*Update as of 15 July (or otherwise specified)*	*Trend*
1. The executive and legislative branches have promulgated legislation that improves access to justice, enhances the development of the national police and addresses prolonged pre-trial detention, which is a cause of prison overcrowding; all branches have initiated implementation of the new legislation, including through sustainable budget allocations.	1.1 Existence of the new Criminal Code (1 — draft law initiated; 2 — draft law voted by each chamber; 3 — law promulgated by President)	April 2019	3 — New Criminal Code is promulgated	1 — Draft Criminal Code under review in each chamber’s justice and security commission
	1.2 Existence of the Code of Criminal Procedure (1 — draft law initiated; 2 — draft law voted by each chamber; 3 — law promulgated by President)	April 2019	3 — Code of Criminal Procedure is promulgated	1 — Draft Criminal Code under review in each chamber’s justice and security commission
	1.3 Existence of the Legal Aid Law (1 — draft law initiated; 2 — draft law voted by each chamber; 3 — law promulgated by President)	April 2019	3 — Legal Aid Law is promulgated	1 — Draft legal aid law adopted by the Senate and transferred to the lower chamber.
	1.4 Existence of the organic law on the Haitian National Police elevating Directorate of Prison Administration to a central directorate (1 — draft law initiated; 2 — draft law voted by each chamber; 3 — law promulgated by President)	April 2019	3 — Organic law on national police is promulgated	1 — Draft organic law still pending review by the national police
	1.5 Existence of the Prison Law (1 — draft law initiated; 2 — draft law voted by each chamber; 3 — law promulgated by President)	April 2019	3 — Prison Law is promulgated	1 — Draft Prison Law pending final validation by Directorate of Prison Administration
	1.6 Identification of the implementation requirements by the relevant institutions, including budgetary allocations, for the new legislation (disaggregated by law)	October 2019	Implementation requirements, including budgetary allocations, are determined for new legislation	Identification of implementation requirements for _Draft Criminal Code: not yet adopted _Code of Criminal Procedure: not yet adopted _Legal Aid Law: not yet adopted _Organic law on national police: not yet adopted _Prison Law: not yet adopted
	1.7 Number of new case files processed in real time by the prosecutors in the jurisdiction of Port-au-Prince.	October 2019	800 new case files processed in real time by the prosecutors in the jurisdiction of Port-au-Prince	October 2017-June 2018: 358 new cases processed in real time by Port-au-Prince jurisdiction prosecutors
	1.8 Proportion of detainees in pretrial detention in excess of two years at the civil prison of Port-au-Prince	October 2019	50.4 per cent of detainees in pretrial detention at the civil prison of Port-au-Prince	16 July 2018: 61,6 per cent of detainees in pre-trial detention at civil prison of Port-au-Prince (2320 of 3764)
	1.9 Number of cases closed by investigative judges in the jurisdiction of Port-au-Prince	October 2019	750 orders issued	October 2017-June 2018: 280 orders issued
	1.10 Number of penal cases adjudicated by the court of first instance of Port-au-Prince	October 2019	800 penal cases adjudicated by the court of first instance of Port-au-Prince	October 2017-June 2018: court of first instance of Port-au-Prince adjudicated 352 penal cases
2. The Haitian authorities make timely, gender-balanced and merit-based appointments in the justice sector, including in the Superior Council of the Judiciary, the Court of Cassation and the Superior Court of Audits and Administrative Disputes.	2.1 Existence of the annual report of the Superior Council of the Judiciary, to include: judiciary staffing by gender; judiciary inspection results; number of certified judges; and implementation of judge evaluation process	April 2019	Annual report of the Superior Council of the Judiciary available, including: judiciary staffing by gender; judiciary inspection results; number of certified judges; and implementation of judge evaluation process	MINUJUSTH supported the CSPJ for the collection and analysis of nationwide data on the state of the judiciary. The report, currently being drafted will provide a cartography and a database on the Haitian judicial system.
	2.2 Number of seats filled at the Superior Council of the Judiciary, the Court of Cassation and the Superior Court of Audits and Administrative Disputes, disaggregated by gender	April 2019	Superior Council of the Judiciary: 9/9 (3 women) Court of Cassation: 12/12 (4 women) Superior Court of Audits and Administrative Disputes: 9/9 (3 women)	Superior Council of the Judiciary: 9/9 (0 women). All seats were renewed for a three-year term beginning on 3 July 2018. 5 seats have new incumbents, two councillors were re-appointed and the President and the Public Prosecutor of the Cour de Cassation remain as ex officio members of the CSPJ. This new council does not include any woman, contrary to the two precedents that were comprised of two women. Court of Cassation: 6/12 (1 woman). Since the CSPJ sent, with an opinion, to the President the Senate’s list of retained candidates for nomination there has been no progress. Superior Court of Audits and Administrative Disputes: 9/9 (2 women)
3. The Directorate of Prison Administration performs key management functions providing basic services to all detainees and ensures respect for their rights.	3.1 Number of deaths per 1,000 inmates	October 2019	Ratio equal to or below 10/1,000 inmates	1 January to 15 July 2018: 8/1,000 inmates (52 deaths registered)
	3.2 Number of prisons supported by functioning health services for inmates, disaggregated by gender	October 2019	Nine out of 18 prisons and four largest national police holding facilities supported by adequate health-care facilities for inmates	Seven out of 18 prisons supported by functioning health services for inmates
	3.3 Number of Directorate of Prison Administration officers recruited through a dedicated process, disaggregated by gender, out of the 941 new officers required by 2021 to meet the Directorate’s needs	October 2019	300 Directorate of Prison Administration officers recruited, of whom 30 per cent are women, out of the total 941 new officers to meet the Directorate’s needs by 2021	Strategy on targeted and dedicated recruitment not yet implemented.
	3.4 Number of prisons certified by the Directorate of Prison Administration as being able to operate without full-time support from international actors (MINUJUSTH or others)	October 2019	Nine prisons certified out of 18	Draft evaluation survey is pending validation from Directorate of Prison Administration
4. The national police responds to public disorder and manages security threats throughout Haiti, demonstrating elevated levels of professionalism, human rights awareness and gender sensitivity, without requiring international support, as a result of the implementation of the relevant priorities of the strategic development plan of the national police for 2017–2021.	4.1 Implementation rate of the national police strategic development plan 2017-2021	October 2019	43 per cent implemented (57 of 133 priorities in strategic development plan)	43 per cent implemented (57 of 133 priorities in strategic development plan). First annual evaluation of the SDP 2017-2021 is ongoing and should be completed by August
	4.2 Number of police officers per 1,000 citizens	October 2019	1.45	1.32 (reduction due to dismissals, deaths and resignations of police officers)
	4.3 Percentage of women police officers	October 2019	11 per cent	9.17 per cent (1,379 women out of 15,042 total)
	4.4 Percentage of national police capacity statically deployed outside the Port-au-Prince metropolitan area	October 2019	40 per cent	32.7 per cent
	4.5 Number of specialized public order units out of the 13 existing units of the national police (12 Unités départementales pour le maintien de l’ordre and 1 Compagnie d’intervention et de maintien de l’ordre) capable of responding to security threats with no MINUJUSTH support	October 2019	All 13 units are capable of responding to security threats with no MINUJUSTH support	Six of the 13 units operate without MINUJUSTH support
	4.6 Percentage of public order/security operations planned and executed by national police without MINUJUSTH support	October 2019	100 per cent of operations without MINUJUSTH support	96 per cent of operations without MINUJUSTH support
	4.7 Percentage of national budget allocated to national police	October 2019	8.0 per cent of national budget allocated to national police	7.2 per cent of national budget allocated to national police (amended budget)
5. Strengthened internal oversight and accountability mechanisms in the justice, corrections and police sectors address misconduct and ensure increased effectiveness and compliance with human rights.	5.1 Number of courts of first instance inspected (xx of 18) Number of appeal courts inspected (xx of 5)	April 2019	All 18 courts of first instance and 5 appeal courts inspected by the Ministry of Justice	No inspections conducted
	5.2 Percentage of allegations of human rights violations against public officials (national police officers, Directorate of Prison Administration officials) investigated by the General Inspectorate of the national police	`	80 per cent of all allegations investigated by the General Inspectorate of the national police	1 January - 30 June: 81.2 per cent of Human Rights violations allegations against HNP officers, including DAP officials, investigated (147 out of 181 received by General Inspectorate of national police)
	5.3 Percentage of confirmed misconduct by national police and Directorate of Prison Administration officers disciplined by the national police	April 2019	60% of cases investigated have sanctions implemented	1 January - 30 June: 8.4 per cent (13 cases have been sanctioned out of 155 allegations of misconducts against HNP officers, including DAP officials, investigated by General Inspectorate of the national police)
	5.4 Percentage of confirmed crimes or human rights violations committed by national police and Directorate of Prison Administration officers prosecuted by judicial authorities	April 2019	100 per cent of confirmed crimes or human rights violations committed by national police officers prosecuted by judicial authorities	One
	5.5 Percentage of staff of the General Inspectorate of the national police deployed outside the Port-au-Prince metropolitan area, disaggregated by gender	April 2019	30 per cent of projected 340 staff of the General Inspectorate of the national police deployed outside the Port-au-Prince metropolitan area	July 2018: none of the 188 personnel assigned to the General Inspectorate of the national police are deployed outside the Port-au-Prince metropolitan area.
6. Haitian women and men, in particular those from the most vulnerable and marginalized communities, demonstrate increased trust in the capability and willingness of the justice system to address crime and of the national police to provide security.	6.1 Proportion of the population expressing satisfaction on how the national police performs at reducing crime	April 2019	88 per cent	N/A: survey pending
	6.2 Number of youth at risk and women benefiting from community violence reduction/reinsertion programmes demonstrating willingness to work with national police community policing initiatives and law enforcement authorities	April 2019	500 youth at risk and women cooperating with national police community policing and law enforcement authorities	None - implementation of projects approved for financial period 2017-2018 is scheduled to start in July 2018
	6.3 Number of victims of intentional homicide per 100,000 citizens, disaggregated by gender and age	April 2019	Rate of 9.3 or less of intentional homicide, disaggregated by gender and age	2018 (From Jan to 19 July): 6.52 equivalent to 372 intentional homicides out which 345 men and 27 women
	6.4 Number of kidnappings reported in the Port-au-Prince metropolitan area	April 2019	50 or fewer kidnappings reported in the Port-au-Prince metropolitan area	2018 (From Jan to 19 July): 29 cases of kidnapping out which13 men and 19 women
	6.5 Number of gang-related incidents in the hotspot zones of Cité Soleil, Bel-Air and Martissant	April 2019	18 or fewer gang-related incidents in the hotspot zones of Cité Soleil, Bel-Air and Martissant	2018 (From Jan to 19 July): 17 incidents
	6.6 Number of sexual and gender-based violence cases investigated by national police, reflecting enhanced national police capacity	April 2019	At least 275 cases of sexual and gender-based violence are investigated	2018 (From Jan to 19 July): 130 cases are investigated
7. The national Office of the Ombudsperson functions independently and protects citizens whose rights have been violated.	7.1 Level of compliance of the Office for the Protection of Citizens with international standards on the work of national human rights institutions, and structural capacity to operate as an independent and effective institution in accordance with the Paris Principles	October 2019	Status A according to Paris Principles	Status A according to Paris Principles until next decision of the Global Alliance of National Human Rights Institutions due for May 2019
	7.2 Number of recommendations of the Office for the Protection of Citizens implemented by national rule of law institutions	April 2019	Three recommendations of the Office for the Protection of Citizens implemented by national rule of law institutions	None
8. Civil society organizations, including those representing women, engage with the Haitian authorities to advocate the promotion and protection of human rights, and are empowered to bring allegations of human rights violations to the competent judicial or administrative authorities.	8.1 Number of alternative reports prepared and submitted by civil society to international human rights mechanisms	April 2019	Two reports prepared and submitted by civil society organizations to international human rights mechanisms	N/A: no meeting or reviews by international human rights mechanisms in the reporting period
	8.2 Number of cases reported by local civil society organizations monitoring human rights violations.	April 2019	10 reports published by local civil society organizations monitoring human rights violations	7 reports published by local civil society organizations monitoring human rights
9. National authorities comply with international human rights obligations, including holding individuals responsible for current and past human rights violations and fulfilling their reporting obligations to human rights treaty bodies.	9.1 Availability of national plan of action for human rights	October 2019	National plan of action for the implementation of the recommendations made by human rights mechanisms, in particular through the universal periodic review of the Human Rights Council	On 3 July, Government announced appointment of the Minister of Justice as human rights focal point with the mandate to lead the Interministerial Committee on human rights in preparing the national plan of action.
	9.2 Number of recommendations made by the human rights mechanisms accepted by the Government of Haiti	April 2019	Three recommendations made by human rights mechanisms accepted by the Government of Haiti	N/A: no meeting or reviews by international human rights mechanisms in the reporting period.
	9.3 Number of reports prepared and submitted to international human rights mechanisms by the Government of Haiti	April 2019	Two reports prepared and submitted to international human rights mechanisms by the Government of Haiti	N/A: no meeting or reviews by international human rights mechanisms in the reporting period.
	9.4 Appointment by the Government of Haiti of a high-level human rights focal point within the executive branch	April 2019	One high-level focal point within the executive branch appointed by the Government of Haiti	In progress - on 3 July, Government announced that the Minister of Justice as human rights focal point but the appointment needs to be formalised.
10. Rule of law and anti-corruption institutions demonstrate increased capacity to fight corruption	10.1 Availability of annual report on public spending by Superior Court of Audits and Administrative Disputes	April 2019	The annual report on public spending of Superior Court of Audits and Administrative Disputes is available	2017 report was finalized and is pending publication
11. The Permanent Electoral Council is established through a credible and transparent process and exercises its electoral responsibilities in an independent and transparent manner, without requiring international support.	11.1 Nomination by the three branches of their three members for the Permanent Electoral Council, with a view to establishing the Council as an operational and independent body	October 2019	The nine members are nominated and the Permanent Electoral Council is established, is operational and functions independently	Nomination process of the three representatives has been initiated by each branch
	11.2 Update of the electoral lists in preparation of the next electoral cycle	October 2019	The electoral lists are updated	Not yet undertaken
	11.3 Existence of the Electoral Law in preparation of the next electoral cycle (1 — draft law initiated; 2 — draft law voted by each chamber; 3 — law promulgated by the President)	October 2019	3 — Electoral Law is promulgated	1 — Draft electoral law completed by the Provisional Electoral Council pending submission to the Executive for transmission to the Parliament.

Color-coding	Equivalent
	On track to achieve target by the timeline
	Challenges expected to achieve target by the timeline but with a positive trend
	Challenges expected to achieve target by the timeline with a stagnating trend
	Challenges expected to achieve target by the timeline with a descending trend
	No progress / Not on track to achieve target by the timeline
	No update on progress was expected during the reporting period

News [4]

MINUJUSTH BENCHMARKS: Mandate Implementation Dashboard

Benchmark

Indicator

Target Timeline

Target

Update as of 15 July (or otherwise specified)

Trend

2. The Haitian authorities make timely, gender-balanced and merit-based appointments in the justice sector, including in the Superior Council of the Judiciary, the Court of Cassation and the Superior Court of Audits and Administrative Disputes.

3. The Directorate of Prison Administration performs key management functions providing basic services to all detainees and ensures respect for their rights.

5. Strengthened internal oversight and accountability mechanisms in the justice, corrections and police sectors address misconduct and ensure increased effectiveness and compliance with human rights.

6. Haitian women and men, in particular those from the most vulnerable and marginalized communities, demonstrate increased trust in the capability and willingness of the justice system to address crime and of the national police to provide security.

7. The national Office of the Ombudsperson functions independently and protects citizens whose rights have been violated.

8. Civil society organizations, including those representing women, engage with the Haitian authorities to advocate the promotion and protection of human rights, and are empowered to bring allegations of human rights violations to the competent judicial or administrative authorities.

9. National authorities comply with international human rights obligations, including holding individuals responsible for current and past human rights violations and fulfilling their reporting obligations to human rights treaty bodies.

10. Rule of law and anti-corruption institutions demonstrate increased capacity to fight corruption

11. The Permanent Electoral Council is established through a credible and transparent process and exercises its electoral responsibilities in an independent and transparent manner, without requiring international support.

Color-coding

Equivalent