HAITI JUSTICE SECTOR STRENGTHENING PROGRAM (JSSP)
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vidyui It was q HAITI JUSTICE SECTOR STRENGTHENING PROGRAM (JSSP) ANNUAL REPORT PROJECT YEAR 5, FISCAL YEAR 2021 OCTOBER 2020 - SEPTEMBER 2021 Contract No. AID-OAA-I-13-00032, Task Order No. AID-521-TO-16-00005 Cover photo: Sabine Boucher, JSSP Training Advisor, leads a presentation at the Port- au-Prince Bar Association’s conference on international Women’s Day. (Photo credit: Philippe Lamarche, JSSP COP). DISCLAIMER The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States government.
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5
ACRONYMS
ACJ Alliance Chrétienne pour la Justice
AHJI Association Haïtienne des Journalistes d’Investigation
ANAGH Association Nationale des Greffiers d’Haiti
BALs Legal Assistance Offices
BINUH Integrated Office of the United Nation in Haiti
CFATF/GAFIC Caribbean Financial Action Task Force
CCC Codes’ Consultative Commission
CMIS Case Management Information System
CMO Commission de Mise en Œuvre
CNAL National Committee on Legal Assistance
CNdP National Steering Committee on the CMIS
CONAJ Comité National pour l’Avancement de la Justice
COVID-19 Coronavirus Disease 2019
CPD Organization Cooperation for Peace and Development
CSO Civil Society Organization
CSPJ Conseil Supérieur du Pouvoir Judiciaire
CTC CSPJ Vetting Commission
DAP Directorate of Prison Administration
EMA École de la Magistrature
FBH Federation of Bar Associations of Haiti
FEFBA Federation of Women of Artibonite
FL Fort-Liberte
GBV Gender-Based Violence
GOH Government of Haiti
IT Information Technology
JIU Judicial Inspection Unit
JSSP Justice Sector Strengthening Program
M Men
MCFDF Ministry for the Status of Women and Women's Rights
MJPS Ministry of Justice and Public Security
MoU Memorandum of Understanding
MEL Monitoring, Evaluation and Learning
NGO Non-Governmental Organization
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5 | i
PAP Port-au-Prince
PAPBA Port-au-Prince Bar Association
PPD Prolonged Pretrial Detention
Q U.S. Government fiscal year Quarter
RFF Réseau des femmes Frontalières de Ferrier
RFJS Réseau Frontalier Jeannot Succès (RFJS)
TNH National TV Station
UCOTES Technical Coordination Unit of CMIS
UCREF National Central Financial Unit
ULCC Anti-Corruption Unit
UNDP United Nations Development Program
USAID United States Agency for International Development
W Women
Y Year
ii
EXECUTIVE SUMMARY
SECTION 1
OPERATIONS
In Y5, particularly in Q4, acute political crisis, a
sharp rise of gang violence and insecurity, justice “The use of the CMIS
sector operators’ recurrent strikes, an alleged coup, will allow us to prepare
the assassination of the President of the Republic a report on Haiti’s
and related turmoil, the COVID-19 pandemic, and a achievements in
devastating earthquake in the South paralyzed and fighting money
flattened Haitian justice sector institutions and the laundering that will be
country at large. The State is unable to protect its submitted to the
citizens and provide justice. Under these extremely Caribbean Financial
challenging circumstances, in Y5 the Justice Sector Action Task Force
Strengthening Program (JSSP or “the Program”) (CFATF/GAFIC).”
managed to conduct most of its planned activities
-Michelin Justable,
by adopting mitigation strategies and being
Director, Central
proactive in resolving sector deadlocks.
Financial Information
Nevertheless, due to the scale of these events,
Unit (UCREF)
some activities did not generate as much impact as
in previous years. The Program operated with
reduced funding in Y5, as it conducts its close out
phase with limited staff. This year, JSSP activities
include drafting seven executive orders necessary
for the penal code and enforcement of the penal procedural code, expanding the Case
Management Information System (CMIS) into two new jurisdictions, supporting clerk
trainings at the École de la Magistrature (EMA), furthering the development of Bar
associations by completing an assessment of lawyer statuses, providing logistical support
for 11 Vetting Unit field visits, aiding the newly formed National Committee on Legal
Assistance (CNAL), conducting trainings for lawyers and investigative journalists,
supporting four bar associations’ legal assistance programs, and overseeing the transition
of two legal assistance offices to the state-funded system in alignment with sustainability.
The program also helped organized workshops on prosecutors’ independence and on the
Ministry of Justice and Public Security (MJPS)’s plan to combat prolonged pretrial
detention (PPD). JSSP also supported several activities for the United Nations (UN)’s
gender-based violence campaign and International Women’s Day.
On December 15, 2020, the penal procedural code, adopted by decree on June 24, 2020,
was made available to the public. Since the program’s inception, JSSP has provided
significant support for the code’s passage. In Y5, the team completed reviewing the code
and prepared a related list of minor errata. JSSP also examined existing laws to ensure
compliance with this new code. Finally, the team identified all legislation that must be
drafted for the penal code and the penal procedural code’s implementation and
subsequently drafted seven executive orders necessary for their enforcement.
The project expanded the CMIS in two new jurisdictions, Les Cayes and Port-de-Paix.
Minor tasks remain to be performed in the first quarter of Y6 to complete implementation.
The system was already operational in 11 other jurisdictions, and JSSP is about to fulfill
its contractual obligation to implement the CMIS in 13 jurisdictions. In Y5, 5,324 cases
were entered in the system. A total of 46,794 cases have been entered since the
program’s launch. Furthermore, JSSP completed installing the CMIS’ offline system in 12
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5out of 13 courts, allowing users to operate the system without internet. The final
jurisdiction, Les Cayes, will have offline CMIS access by November 2021. Additionally, in
Q3 the team transferred the CMIS database from a server in the US to a JSSP-purchased
server in Haiti. This is a critical step for ensuring local, sustainable system ownership. The
CMIS also received significant media exposure as the National TV Station (TNH) aired a
CMIS promotional video on its TV network and YouTube page. The video was also posted
on the High Judicial Council (CSPJ) and MJPS websites, and is circulating on social
media. Finally, this year JSSP intensified implementation of the CMIS transition plan,
working alongside the CSPJ and MJPS. Unfortunately, political instability and related crisis
negatively impacted this process. The CSPJ, who should take full ownership of the CMIS
with the MJPS, has not been operational since July 3rd, 2021. JSSP is exploring avenues
with USAID to ensure sustainability of the CMIS.
This fiscal year, JSSP provided technical, logistical, and material support to the newly
established National Committee on Legal Assistance (CNAL), a body who funds and
oversees nine legal assistance offices (BALs) around the country. This is a significant
milestone, considering that legal assistance had previously been entirely donor-funded for
20 years. While the CNAL was being fully setup, JSSP also supported BALs in Port-au-
Prince (PAP), Cap-Haitian, Fort-Liberté, and Saint Marc. In Y5, these four BALs provided
free legal assistance to 588 detainees (522 men, 66 women), of which 28 (all men) were
convicted, 64 (57 men and 7 women) were acquitted, and 496 (437 men, 59 women) were
liberated without judgment. Out of these 588 detainees, 64 were acquitted or 11%, while
84% were liberated. The BALs of Fort-Liberté and Saint Marc, previously supported by
JSSP, are now fully state-funded through the CNAL. JSSP has achieved its goal – these
BALs are now sustainable. JSSP is aiding the two others BALs, Port-au-Prince and Cap-
Haitian, in joining the CNAL.
Since its first year, JSSP has provided significant support to the EMA, the primary training
institution in the justice sector. On December 7, 2020, JSSP led a training at the EMA on
gender for 26 trainee clerks (20 men (M) and 6 women (W) ), as part of a broader
continuing education training program for clerks. On December 14, 2020, JSSP supported
the National Clerks’ Association (ANAGH) and the EMA in a joint training for clerks on
“Ethics of Clerks and Case Management Technology”. Twenty-nine participants (20 M and
9 W) attended. During Q3, JSSP supported six training sessions on “Gender and Support
to Victims of Gender Based Violence (GBV)” for 55 (44 M and 11 W) EMA trainee judges.
Additionally, in partnership with the Caris Foundation (the USAID/funded Impact Youth
activity), JSSP held a training on gender, ethics, and socio-legal approach for 24 Impact
Youth personnel (10 M and 14 W). In Y5, JSSP trained 308 (213 M and 95 W) sector
operators and has trained a total of 1,897 (1,449 M and 448 W) fonctionnaires since its
launch.
At the request of the Federation of Haitian Bar Associations (FBH) President, in Q2 JSSP
completed an assessment of lawyers in Haiti to identify issues and recommendations
related to the practice of law. The assessment’s recommendations included developing a
code of ethics for lawyers, as the public largely views them as corrupt. On March 25 and
26, 2021, 93 trainee lawyers in Saint-Marc (79 M, 14 W) attended a two-day training on
judicial guarantees and the deontology of law.
Because Haiti currently has no laws that provide autonomy to prosecutors, they can be
removed at any time, including when trying high-profile cases that involve government
officials. On December 14, 2020, JSSP supported the Haitian Association of Professional
Magistrates (APM) through the planning and execution of a workshop on “The Statue of
2the Prosecutor with Regards to the Independence of the Judiciary”. Eighty-six (86) justice
sector operators (65 M, 21 W) participated. The APM took advantage of this event to elect
their board’s new members.
Suzie Legros, the new President of the Port-au-Prince Bar Association (PAPBA), is the
first woman to hold this position since the institution’s establishment in 1859. She is
launching several initiatives to promote women’s rights and gender issues. On May 21,
2021, with JSSP assistance, the PAPBA held a debate on “Challenges and Perspectives
of Gender Equality in Rule of Law” for 212 attendees (133 M and 79 W). Additionally, in
partnership with JSSP, PAPBA conducted a two-day training from April 29-30, 2021, on
gender and ethics for 25 lawyers (1 M and 24 W) from the Port-au-Prince and Petit-Goave
Bar Associations. On July 27 and 28, 2021, JSSP provided a two-day training on money
laundering crimes for 15 lawyers (5 M and 10 W) of the PAPBA. On August 18 and 19,
2021 JSSP provided a follow up two-day training on corruption for 14 lawyers (3 M and 11
W) of the PAPBA. To date, trainings on these important matters have primarily been
provided to judges and prosecutors.
According to a 2017 JSSP-conducted survey, Haitian citizens do not trust the judiciary.
The vetting of judges and prosecutors is critical to guarantee the system’s integrity and
increase public trust in the sector. In Y5, JSSP provided logistical support for 11 CSPJ
Vetting Commission (CTC) field visits in 22 towns. The CTC reports serve as the basis for
the CSPJ Board’s vetting decisions. On October 26, 2020, the CSPJ published the names
of 44 judges and prosecutors who were vetted based on CTC reports. 25 judges and
prosecutors passed (57%) the vetting, while 19 failed (43%).
Despite numerous initiatives from donors and the Government of Haiti (GOH) to combat
PPD, the rate remains high, as 82.15% of detainees in prison are held under pretrial
detention.1 From January 11-13, 2021, the MJPS held, with JSSP support, a workshop on
combatting PPD. After this event, JSSP and legal advisors from the United Nations
Development Program (UNDP) and the Integrated Office of the United Nation in Haiti
(BINUH) organized several working sessions to refine recommendations from the
workshop and integrate them into the MJPS Action Plan on PPD. However, the judges’
strike and sharp rise in insecurity have prevented the MJPS’ implementation of the plan.
To avoid the derailing of progress on combatting PPD, JSSP, BINUH, and the UNDP
developed a strategy for jurisdictions. Under this plan, jurisdictions would organize special
hearings as part of a “minimum essential service”. JSSP also assisted the PPD Monitoring
Unit in the Port-au-Prince Prosecutor’s office by creating ways to prioritize PPD cases.
Unfortunately, the assassination of the President of the Republic and related political
instability hindered this initiative. On December 22, 2020, JSSP supported a coordination
forum in Saint-Marc with all the jurisdiction’s stakeholders to improve coordination and
combat PPD. A total of thirty-three (31 M and 2 W) individuals participated. Finally, on
December 15, 2020, JSSP provided technical and financial support to civil society
organization (CSO) Alliance Chretienne pour la Justice (ACJ) for a workshop on pretrial
detention in Croix-des-Bouquets. Seventy-five participants (55 Mand 20 W) attended.
Women in Haiti are too often subject to injustice and violence, and few are aware of their
legal rights. In Q1, JSSP supported several activities as part of the UN’s activism
campaign against gender-based violence. These activities included debates on societal
stereotypes that create inequalities, the role of the Ministry for the Status of Women and
Women's Rights (MCFDF), participation in a radio show to discuss feminicide and ways
1
This is the rate of PPD as of September 23, 2021, according to the Direction of Prisons (DAP)
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5for women to seek justice in cases of gender-based violence (GBV) and participating in
an event in Ferrier on November 25 to commemorate International Day for the Elimination
of Violence against Women. 152 people (39 men, 78 women, 14 boys and 21 girls)
attended this event. On March 8, 2021, as part of the International Women Rights’ Day
commemoration, JSSP aided with various activities including a conference organized by
PAPBA. The event, entitled “Female lawyers and Women’s Rights”, was attended by 100
participants (46 M and 54 W). On March 8, 2021, JSSP moderated the conference-debate
entitled “Women in Haiti: Challenges and Prospects” at the EMA on for 54 (42 M and 12
W) trainee judges. JSSP also provided technical support to the CSO Cooperation for
Peace and Development (CPD), moderating the panel on “Gender and Inequalities in
Society” on March 8, 2021, for 40 participants (14 M and 26 W). Finally, on March 24,
2021, JSSP provided technical support to the Federation of Women of Artibonite (FEFBA),
helping organize a seminar on the “National and International Legal Framework of
Women’s Rights” for 85 participants (10 M and 75 W). On March 24, 2021, JSSP
supported a follow-up session for 50 (24 M and 26 W) attendees.
In Y4, JSSP assisted in establishing the first investigative journalism association, the
Haitian Association of Investigative Journalists (AHJI). In Y5, on March 20, 2021, AHJI
held its first training for 21 (15 M and 6 W) investigative journalists on “Habeas Corpus”.
From May 27 to 29, 2021, JSSP helped AHJI organize a three-day training on
“Investigative Journalism on Corruption and Money Laundering Crimes” for 29 journalists
(9 M and 20W). It is imperative that investigative journalists have the tools necessary to
conduct thorough investigations on financial crimes, particularly as citizens request
greater transparency and accountability from state officials.
PERSONNEL
Since March 12, 2020, the members of the JSSP Project Management Unit in Washington,
DC, including Amanda Burke and Elizabeth Constable, PMU Directors, Aliya
Ishmukhamedova, and Jeff Ratcliffe, Interim PMU Directors, Ibilola Owoyele, PMU
Manager, and Omonye Abumere and Terence Michel, PMU Associates, have worked
remotely from home. They ensure business continuity by employing Chemonics’ COVID-
19 contingency plan and remote management strategy.
On August 7, 2020, JSSP was granted a one-year cost extension, with a reduced annual
budget. As a result, JSSP has downsized its staff by more than 50%. Five individuals left
the program in Y4 Q4, seven in Y5 Q1, and four in Y5 Q4. On August 30, 2021, Philippe
Lamarche, JSSP COP, completed his assignment. As planned in the cost extension,
Jacques Miguel Sanon took over the COP position. The Program is now in the close out
phase with limited staff and activities, in anticipation of the February 6, 2022 end date.
SECTION 2
PROGRAM ANALYSIS
Opportunities and challenges
In Y5, political instability, gang violence, justice sector operators’ recurrent strikes, a surge
of COVID-19 cases, an alleged coup, the assassination of the President of the Republic
and related institutions crisis, and a catastrophic earthquake in the South crushed what
was already a very weak state and justice sector. Insecurity and impunity now prevail.
JSSP’s activities were severely impacted by this situation - particularly in Q4. However,
the Program adopted mitigation strategies to conduct most planned activities. JSSP’s role
4in such crises is critical since local counterparts lack the necessary coordination and
capacity to address the challenges presented.
In Q1, clerks’ and prosecutors’ strikes impaired courts operations. As a result, only a few
court hearings were held. This situation limited citizens access to justice and contributed
to prolonged detention. JSSP proactively assisted in resolving these strikes primarily
through facilitation and negotiation.
In Q2, President Moïse’s five-year presidential term was disputed, as some viewed the
end of his term as February 7, 2021, and others as February 7, 2022. Elections were not
organized, and President Moise remained in power. On February 7, 2021, a Supreme
Court Justice and 19 other individuals were arrested and detained for an alleged coup. On
February 15, 2021, the country’s four main judges’ associations called for a general strike
to protest the arrest of a Supreme Court Justice and the forced retirement of three others,
all in violation of Haiti’s Constitution.2 JSSP played an active role in resolving this strike by
serving as an intermediary between the MJPS and the judges’ associations.3
On July 7, 2021, Jovenel Moise, President of the Republic, was assassinated, further
plunging the country in a crisis. Following a series of political dealings for his succession,
Ariel Henry was sworn in as interim Prime Minister (PM) on July 20, 2021. On September
11, 2021, he signed an agreement with opposition political parties for a consensual
transitional government. The proposed way forward is complex, as some authorities,
including the Ombudsman, demand PM Henry's resignation for allegedly being involved
in the assassination plot. The investigations and judicial procedures of the President’s
assassination and other high-profile cases have further prompted officials to intervene in
court decisions, eroding the independence of the judiciary.
The CSPJ is tasked with managing and discipling the judiciary. In April 2021, new board
members were elected and were scheduled to be sworn in on July 3, 2021. However, due
to the death of the CSPJ President on June 23, 2021, and the assassination of President
Moise, the swearing in ceremony has been delayed. Following pressure from Judges’
Associations, PM Henry has pledged to swear in the new CSPJ Board members on
October 1, 2021, three months after the original date. This hiatus further affected court
operations. Jury trials conducted each year in July could not be organized in 2021, since
the CSPJ could not disburse the required funds.
On August 14, 2021, a 7.2 earthquake struck southern Haiti killing 2,248 individuals and
injuring 12,763 others. 3,289 remain missing. PM Henry declared a state of emergency
for one month. These dramatic events were further exacerbated by gang violence,
including assassinations and multiple kidnappings. The National Police is overwhelmed
and cannot contain the gangs. Because of insecurity, courts and sector institutions were
often closed or partially operational. It was challenging for JSSP to conduct some activities
in this context, as roads were very hazardous around the country, including in Port-au-
Prince around the First-Instance Court.
In Y5, the multiple crises affected JSSP’s ability to conduct all its activities. The CSPJ
Vetting Unit (CTC) and Inspection Unit (JIU) postponed several field missions and the
CMIS expansion in remote courts was challenging. Some initiatives to combat pretrial
2 The associations that declared the strikes on February 7, 2021 are: the National Association of Magistrates
(ANAMAH), the Association of Professional Judges (APM), the Network of Magistrates (RENAMAH), and the
Association of Justices of the Peace (AJPAH),
3 With JSSP’s mediation support, the strike finally ended on April 16, 2021 and court operations resumed.
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5detention and civil society strengthening activities were hindered. The implementation of
the new penal code and penal procedural code is considerably delayed. JSSP developed
several strategies to maximize activities and maintain project continuity all year long. For
instance, legal assistants focused on prisons and police stations instead of courts, which
were paralyzed by insecurity and strikes. JSSP also managed to use video conference
and other technologies to organize trainings. As a result, JSSP was able to conduct most
of its activities, some (such as legal assistance) with less impact than seen in previous
years. JSSP is concerned that gains made in previous years may be at risk due to the
collapse of the state and institutions. For instance, in Q4 the CMIS transition to the GOH
was significantly impeded by the CSPJ’s crisis. As has been previously discussed with the
COR, the Program may not be able to complete the transition by the end of the project
due to these external factors, and the CMIS sustainability could be in jeopardy. JSSP is
exploring avenues with USAID as to what may be possible to ensure the GOH assumes
full responsibly for the CMIS despite these factors..
APPROACH
Path to progress. As part of its “Mutual Accountability and Partnership Strategy”, JSSP is
tasked with facilitating Memorandum of Understanding (MOU) signings between JSSP
and key USAID partners. Due to various external factors, USAID has yet to approve the
MOUs’ signing. In Y3, USAID agreed that JSSP would develop and sign MOUs between
the project and other institutions, in parallel to the USAID memorandums. The draft MOUs
were prepared, approved by USAID, presented to the MJPS and the CSPJ, and signed
by both institutions.4 JSSP demanded greater involvement from the GOH to take
ownership of key activities to achieve sustainability. In this last year of the Program, JSSP
successfully deployed various efforts and strategies to meet these goals, particularly
regarding legal assistance and the CMIS (see below). In Y2, JSSP developed a
preliminary assessment of the “necessary conditions” and basic assumptions of what the
GOH and other Haitian stakeholders must fulfill for JSSP to track partner progress and
achieve desired results, as listed in the JSSP contract. The program regularly updates this
table and shares it with USAID (see Annex 1 for reference).
Path to coordination. On November 16, 2017, JSSP supported the establishment of the
Comité National pour l’Avancement de la Justice (CONAJ), a five-member, high level
coordination group of key institutions in the justice sector.5 As explained in previous
quarterly and annual reports, due to various challenges, the CONAJ eventually ceased
activities. JSSP advocated for its existence, but Y5’s extremely challenging political and
security situation prevented this initiative’s relaunching.
Objective 1: Legal, Policy, and Regulatory Framework Improved
Since the program’s launch, JSSP has provided significant support for the passage of the
penal code.6 On June 24, 2020, the GOH adopted the penal code and procedural code by
decree, a significant milestone as the codes had not been significantly updated since
1835. They include measures that will bolster the effectiveness of the criminal justice
system, which could drastically reduce pre-trial detention and more effectively combat
4 On March 7, 2019, Jean Roudy Aly, Minister of Justice, signed the MOU, and on July 18, 2019 Mr. René
Sylvester president of the CSPJ, signed the CSPJ MoU.
5 Minister of Justice, President of the CSPJ, President of the FBH, Presidents of the two Parliamentary Justice
and Security Commissions.
6 Assistance includes public hearings held by the Parliament justice commissions; reviewing the draft codes
for professional associations; hosting two study tours in Chile, three grants to NGOs to conduct civic education
campaigns. Throughout this assistance, JSSP staff never provided their opinions on the content of the codes.
6corruption and modern criminality. The codes also include a new sentencing scale and
introduce new rights for victims and minors. Unfortunately, despite recent efforts, the
Codes’ Implementation Commission (CMO) has not yet been established.
This fiscal year, Mr. René Magloire, JSSP consultant, reviewed existing laws to ensure
their compliance with the new penal code and penal procedural code. He also identified
all legislation that must be drafted to implement the codes and drafted seven executive
orders necessary for the codes’ enforcement.
IR1.1: THROUGH MULTI-STAKEHOLDER ADVOCACY, NEW AND IMPROVED
PENAL AND HUMAN RIGHTS LAWS AND POLICIES ARE PASSED
On December 15, 2020, the government made the penal procedural code available to the
public. The code was adopted by decree by the Council of Ministers on April 11, 2020 and
published in the Moniteur alongside the penal code on June 24, 2020. Unfortunately,
implementation of the codes has lagged under the PM’s leadership. Following JSSP’s
recommendation, the President of the Republic mandated Rockefeller Vincent, Minister of
the MJPS, to oversee implementation of both codes. In Y5 Q4 Minister Vincent prepared
an executive order that would have established the penal code and penal procedural Code
Implementation Commission (CMO). On September 15, 2021, Minister Vincent resigned
before sending the draft executive order to the Council of Ministers for approval. To-date,
the draft executive order still has not been sent.
Codes’ review. In Y5 Q1 and Q2 Mr. Rene Magloire, a JSSP consultant, completed a
thorough review of the penal procedural code’s 1364 articles to verify that the version
made public on December 15, 2020 is identical to the version prepared by the Joint
Technical Committee and presented to President Martelly in 2015. The review confirmed
that the Executive made no substantial modifications to the code. After reviewing, Mr.
Magloire prepared a list of minor errata consisting of grammatical errors, inaccurate
references, additions that create redundancies, and misplaced edits. He prepared
modifications for 130 articles. This list of errata and related proposed modifications will be
presented to the CMO once it will be established.
Codes’ legislation review. The new penal and penal procedural codes impact existing
legislation. In FY5 Q2, Mr. Magloire finished identifying the laws that will need to be
reviewed to comply with the new codes, such as the decree of 1995 on the judiciary’s
organization. He also listed all laws that will need to be developed and adopted for the
codes’ implementation, such as a law on Parole.
Executive orders. In FY5 Q3 and Q4 Mr. Magloire and JSSP Training Advisor Sabine
Boucher prepared seven draft executive orders on the following: the electronic signature,
the conditions for admission in prisons, the sexual offender registry, community services,
the judiciary police’s special powers in pedo-pornography cases, the anonymity of police
agents in terrorism issues, and company registration requirements. The executive orders
will be presented to the CMO once it is established.
IR1.2: NEW AND EXISTING CRIMINAL CODES IMPLEMENTED IN TARGET
JURISDICTIONS
Both codes adopted on June 24, 2020 entail a 24-month transition period before they are
enforced. They include numerous new procedures and institutions, requiring significant
human and financial resources for proper implementation. To oversee this process, the
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5codes call for the establishment of CMO. As mentioned above, the CMO is not yet
established. The codes will become effective June 24, 2022. Due to closeout and
budgetary constraints, JSSP is in the process of winding down activities. Nevertheless,
the Program will continue to press for the establishment of the CMO and provide technical
assistance if it is formally established.
Objective 2: The Independence, credibility, and effective authority of the judiciary
strengthened
From Y1-Y4, JSSP implemented the CMIS in 11
jurisdictions.7 Rampant insecurity and the
earthquake in the South forced the team to
postpone some of the final implementation steps
for Les Cayes and Port-de-Paix. Once expansion
in these two areas is completed early next
quarter, JSSP’s contractual obligation of
implementing the system in 13 courts will be met.
Additionally, this year JSSP transferred the
CMIS’ data and system from a server in the USA
to a local server in Haiti, fostering the CMIS’
sustainability. JSSP completed installing the
Figure 1: Rosemitha Joseph, clerk at the CMIS’ offline system in 9 out of 13 courts,
Croix-des-Bouquets court, uses the CMIS improving the system’s accessibility. Finally, this
year JSSP intensified implementation of the CMIS transition plan, working alongside the
CSPJ and MJPS. Unfortunately, political instability and related crises hampered this
process. The CSPJ, who alongside the MJPS should take full ownership of the CMIS, has
not been operational since July 3rd, 2021. It should be operational as normal soon.
In Y5, JSSP supported 11 CTC fact-finding missions covering 22 towns. The vetting of
judges and prosecutors is a critical process necessary for building the justice sector’s
credibility. This year JSSP supported numerous EM trainings for clerks, including six
training sessions on gender and support for GBV victims for trainee judges. JSSP also
aided the PABPA with organized trainings for lawyers on gender and ethics, anti-money-
laundering and anti-corruption. Finally, JSSP supported a workshop on prosecutor
independence and a workshop on an initiative aimed at promoting the publication of
doctrinal work.
IR2.1: COURT CASE ADMINISTRATION IMPROVED
During the yearlong cost extension which began in February 2021, JSSP expanded the
CMIS to two additional jurisdictions: Port-de-Paix and Les Cayes. The CMIS is already
operational in 11 jurisdictions (see above). Despite significant challenges including
rampant insecurity on the roads and the earthquake in the South, JSSP is almost complete
in implementing the CMIS in two additional jurisdictions. The JSSP CMIS team, alongside
CSPJ and MJPS CMIS Task Force technicians, completed cabling in the courts and
delivered 12 computers, 12 uninterruptible power sources (UPS), and 8 printers. JSSP’s
CMIS team trained judicial and court personnel including the Chief judge, Chief
prosecutor, clerks, and secretaries. The CMIS team will complete implementation early
next quarter.
7Fort-Liberté, Cap-Haïtien, Port-au-Prince, Grande Riviere du Nord, Saint-Marc, Croix-des Bouquets, Petit-
Goâve, Jacmel, Hinche, Mirebalais, and Gonaives.
8In Y5, 5,324 cases were entered in the CMIS. 2,481 cases alone were entered in Q4.
Since the program’s launch a total of 46,794 cases have been entered. Some data were
entered in the system by two pro-bono PABPA interns. Utilizing interns for data entry is
an effective and sustainable process that could be replicated in the future. In Y5 Q1 JSSP
launched a training of trainers’ program, where CMIS court users were trained to coach
new CMIS users. By sharing their experiences and best practices, CMIS court users serve
as champions for the CMIS’ sustainability. In Y5 they mentored Chief Judges, prosecutors,
and court staff in nine courts.8 CMIS task force members also continued to establish and
activate WhatsApp groups for court CMIS users, such as court and prosecutors’ offices
staff, as well as JSSP. These groups allow for swift and effective coordination as well as
remote support. In Q3, the team installed the CMIS for Mr. Altes Octave, Director of the
CSPJ Judicial Inspection Unit (JIU). The team also trained him on the use of the Dean
(Chief Judge) and Chief prosecutor’s dashboards. Mr. Octave stated he will use the
dashboards for future court inspections by selecting cases and verifying related
information. He stressed that this is particularly useful as the JIU inspection field visits are
being hampered by insecurity on the roads.
In Q1, CMIS programmer and JSSP Consultant Kazimierz Lobaza completed the
programming that facilitates offline use of the CMIS. This is a significant development,
considering that internet in Haiti is unreliable. In Q2 and Q3 the CMIS team implemented
the offline system in nine courts: Hinche, Mirebalais, Cap-Haitien, Fort-Liberté, Grande
Riviere du Nord, Saint-Marc, Gonaives, Jacmel, and Petit-Goave. The team also took
advantage of these visits to provide refresher trainings for court staff, and conducting an
inventory of IT equipment delivered. On March 12, 2021, JSSP led a CMIS training in
Croix-des-Bouquets for 16 judicial and court personnel (6 M, 10 W) including one judge,
five clerks and 10 secretaries.
Mr. Lobaza, the CMIS developer, is based in the US. For the past 5 years, he and the
JSSP team have significantly modified and refined the CMIS. The system was previously
located on a US server under control of the developer. To achieve sustainability, in Y4
JSSP purchased a server to transfer the
system to a local host. In Y5 Q3 the project
finalized installing the ALPHA software on
Haitian servers and transferred the CMIS
database, as well as related programs,
from the US server to one in Haiti. This is a
milestone that guarantees the security and
sustainability of the CMIS for years to
come. In Q4 JSSP’s CMIS team and the
CMIS task force visited the datacenter of
the Central Bank (BRH) and finalized
logistics for the server installation with the
BRH Director of Information and
Technology, Mr. Rosemond Pierre. The
server is scheduled to be installed early
next quarter. Figure 2: Issac Lamothe, MJPS IT technician,
installs the CMIS server in Port-de-Paix.
8 In Q1 staff from Cap-Haitien, visited the 3 jurisdictions of Gonaives, Petit-Goave and Jacmel as part of the
ToT program. In Q3 JSSP, staff from the Cap-Haitien Court of First Instance, visited Fort-Liberte, and in Q4,
staff from Croix-des-Bouquets conducted similar visits in Port-de-Paix and Les Cayes.
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5In Y4, the JSSP CMIS team, alongside Mr. Lobaza, completed the web portal for
institutions, including the National Police Investigative Unit (DCPJ), the National Central
Financial Unit (UCREF), the Anti-Corruption Unit (ULCC), the Central Directorate of the
Judicial Police (DCPJ), and the Directorate of Prison Administration (DAP). Connecting
these institutions will improve their effectiveness, as they will now have quick access to
information they do not currently possess.9 In Y5 Q4, JSSP held meetings with leadership
of each of these institutions, where the project presented the CMIS and its different
functionalities. Participants discussed developing MOUs between their institutions, and to
ensure the MJPS and CSPJ will grant them access to the system. 10 It is now up to the
National Steering Committee on the CMIS (CNdP) to confirm that these institutions can
access the system and determine which data will be shared via web portal link.11
In Y4, JSSP, alongside MJPS and CSPJ CMIS Task Force representatives, developed
the “CMIS Transition Plan”, annexed to the “Ownership and Expansion Phase” document.
The plan provides a detailed roadmap for all stakeholders and a tool to track and monitor
progress. The team, working alongside CSPJ and MJPS financial units, also prepared a
budget to transfer the entire system. In Q3, JSSP leadership met with the Minister of
Justice and CSPJ President to further discuss the CMIS transition, particularly the financial
costs of upkeep. JSSP touched upon issues such as equipment, maintenance, and
internet. After discussion, the MJPS and CSPJ financial units agreed to collaborate on a
final detailed budget, as they will split responsibility for covering all CMIS-related costs.
Additionally, in Q3 the National Steering Committee on CMIS (CNdP) and the Technical
Coordination Unit of CMIS (UCOTES) continued their work on the CMIS’ expansion and
transition plan. The CNdP and UCOTES are two critical contributors to the CMIS’ success
and sustainability. Key decisions on the CMIS’ future, including who can access the
system and which courts the system will expand to, are now made by the CNdP.
Unfortunately, because of the overall crisis in the country, especially at the CSPJ, the
transition process is severely impeded. The turmoil is so significant that it will take a while
for institutions to return to their normal pace. Consequently, it is unlikely that JSSP will
complete the CMIS transition to the MJPS and the CSPJ before the end of the project on
February 6, 2022. JSSP leadership has engaged in discussions with USAID to explore
ways to ensure this process will be continued in the case JSSP is unable to complete it.
While the CMIS is a significant achievement in the justice sector, it remains relatively
unknown to the public. Consequently, in Q2 JSSP commissioned local firm KREYATIF to
produce a short eight-minute promotional video on the CMIS. After review, the MJPS,
CSPJ, and USAID all provided approval to air the video. In Q3, TNH aired the clip eight
times a week for two months.12. TNH also featured the video on its YouTube page.13
Dissemination has been successful, as the video has been published on the MJPS and
CSPJ websites, as well as the Ministry’s website. The video is also posted on various
websites and social media. Furthermore, the TNH produced a 20-minute documentary on
the CMIS to provide an in-depth overview of the system. In Q3 and Q4 the TNH aired short
segments of the documentary. All 5 short clips are available through an online link.14
9 Web Portal Link: http://216.81.202.94/gicaj_portal/_gicaj_portal.a5w
10 On September 10, JSSP met with the Director of ULCC Me Ludwig Joseph and ULCC staff. On September
16, JSSP met with the Director of UCREF Me Michelin Justable. And on September 28, JSSP met with the
Director of the DCPJ Frederick Lecompte.
11 http://216.81.202.94/gicaj_portal/_gicaj_portal.a5w
12 https://drive.google.com/file/d/1hr07-4A0fJUJLtm_IFV5RiFL18M9V6y9/view
13 https://youtu.be/XSmB-0wGoJI
14 https://drive.google.com/drive/folders/1adU172YpID5W4ZjZNEQaZlM0ureLnxu6?usp=sharing
10IR2.2: HUMAN RESOURCES EFFECTIVELY DEVELOPED AND MANAGED
EMA trainee judges. In partnership with the EMA, in Q3 JSSP provided six training
sessions entitled “Gender and Support to Victims of GBV” for 55 (44 M and 11 W) trainee
judges.15 During the trainings, Marie Francoise Metellus, JSSP’s Gender Advisor, outlined
gender, sex, and gender differences, and the role of socialization in gender inequality.
Trainees learned how to identify psychological and economical violence, and how to
resolve practical cases. A session was devoted to the national and international legislation
that protects women’s rights, and their importance in providing security to victims of GBV.
Clerks training at Magistrates’ School (EMA). During their long-lasting strike, clerks
requested trainings from the MJPS and the EMA. On December 7, 2020, Ms. Mettelus led
a training on gender for 26 trainee clerks (20 M and 6 W) at the EMA, as part of a broader
training program. Participants were taught similar notions as those taught to trainee judges
(see above). As part of the training, JSSP purchased a printer photocopier for the EMA,
who prepared the training manual.
QR1 Training Association of Clerks (ANAGH): On December 14, 2020, JSSP provided
financial and technical support for the ANAGH and EMA joint clerk trainings on “Ethics of
clerks” and “Case Management Technology”. Twenty-nine participants (20 M and 9 W)
attended. Ms. Boucher presented modules on clerks’ professional ethics, their roles and
responsibilities, and respect of the judicial fees scale. The training was followed by an
award ceremony to reward 28 clerks who have worked in the Haitian justice sector for 25
years.
Trainings of lawyers on gender and ethics. At the request of the PAPBA, on April 29 and
30, 2021, JSSP conducted a “Gender and Ethics” training for 25 lawyers (1 M and 24 W)
from the Port-au-Prince and Petit-Goave Bar Associations. Ms. Boucher focused on ethics
in the legal profession, and participants discussed the different ethical dilemmas that
lawyers often face.
Training of lawyers on judicial guarantees. At the request of the Saint-Marc Bar
Association President, JSSP provided financial support to train 93 lawyers (79 M and 14
W) on “judicial guarantees and ethics”. The two-day training, which took place from March
25 -26, 2021, covered the following topics: judicial guarantees in international and national
legislation, the importance of procedures in court, and deontology in the profession of law.
Training of lawyer’s money laundering and anti-corruption. On July 27 and 28, 2021, JSSP
provided a two-day training on money laundering crimes for 15 lawyers (5 M and 10 W) of
PABPA. Ms. Boucher presented different national and international legislation and anti-
money laundering institutions and followed her presentation with practical cases. On
August 18 and 19, 2021 JSSP provided two-day trainings on corruption for 14 lawyers (3
M and 11 W) of the PAPBA with a similar approach as the first training.
15The first session was held on April 19, 2021, the second session on April 26, 2021, the third session on
May 3, 2021, the fourth session on May 17, 2021, the fifth session on June 2, 2021, and the sixth session on
June 7, 2021.
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5Support to the PAPBA. On May 21, 2021, with JSSP assistance, PABPA held a debate
entitled “Challenges and Perspectives of Gender Equality in Rule of Law” (see below).
The debate served as part of the commemoration of St. Yves, the Patron Saint of Lawyers.
212 individuals (133 M and 79 W) consisting
of lawyers, trainee lawyers, and law students
attended the event. Panelists discussed
topics such as electoral system reform,
political party reform, women’s access to
politics, and strengthening judiciary
independence.
Support the capacity of Bar associations: In
Y4, at the request of the FBH president, Ms.
Boucher, alongside two JSSP consultants,
assessed the conditions of lawyers in Haiti to
further identify issues related to the practice
Figure 3: Suzie Legros, PAPBA president, presents of law and to provide recommendations. In
a certificate to a lawyer for her participation in the Q2 they completed the final report,
anti-corruption training. providing recommendations to reform law
pertaining to the legal profession, standardization of the rules for entering the Bar,
curriculum for the initial and continuing education trainings, and strategies to increase the
Bar’s financial resources (see annex 3 for reference). The public presentation of the final
report was postponed several times, as many Bar Presidents could not travel to Port-au-
Prince due to insecurity.
Support for the publication of doctrinal works: The lack of doctrine in Haitian law is flagrant
and hinders advancement of rectifications for the most significant issues that Haitians
face. The PAPBA President has relaunched the doctrinal books initiative, which aims to
encourage the production of legal doctrine by rewarding four works. One winner will
receive $5,000 to cover the costs of publishing their books. The Association also agreed
to rename the prize to “Prix du Batonnier Monferrier Dorval”, in honor of the Bar President
assassinated on August 28, 2020. The selection committee is currently analyzing the
papers that were submitted, and the winner will be announced next quarter.
Independence of the prosecutors: Haiti currently has no laws regarding prosecutor
autonomy. As such, they can be removed at any time, which is particularly concerning
regarding high profile cases involving government officials. On December 14, 2020, JSSP
supported the Haitian Association of Professional Magistrates (APM) with a workshop on
the statue of the prosecutor with regards to the independence of the judiciary. Eighty-six
justice sector operators (65 M and 21 W) comprising primarily of judges and prosecutors
participated. Three experienced former prosecutors assessed the current situation and
presented various models adopted in Europe and Latin America as potential resolutions
to the issue. The APM took advantage of this event to elect their new board members.
IR2.3: ACCOUNTABILITY AND OVERSIGHT STRENGTHENED
Vetting Commission (CTC). According to a 2017 JSSP-sponsored survey, Haitian citizens
do not trust the judiciary. Proper vetting of judges and prosecutors is critical for bolstering
the credibility of the justice sector. Since the program’s inception, JSSP has supported 63
12fact finding missions. This year, JSSP supported 11 CTC fact finding missions in 22
towns.16
Once the CTC completes its report, files are then transferred to the CSPJ Board, who are
tasked with making vetting decisions. On October 26, 2020, the CSPJ published the
names of 44 judges and prosecutors who were vetted using CTC reports. 25 judges and
prosecutors passed (57% of those vetted) the vetting while 19 failed (43% of those vetted)
(see annex 3 for reference).
Inspection Unit (JIU). The lack of court oversight contributes to PPD and allows for
corruption. After a two-year hiatus, the JIU, with JSSP support, resumed court inspections
in February 2021. The JIU began the first-ever inspection of the Port-au-Prince First
Instance Court, the largest and most dysfunctional jurisdiction in the country.
Unfortunately, this court is located in a neighborhood controlled by gangs, and was not
operational almost all year, preventing the JIU from completing its inspection. In Y1 and
Y2, JSSP provided support to 23 of JIU’s weeklong inspections.
OBJECTIVE 3: ACCESS TO JUSTICE AND PROTECTION OF RIGHTS IMPROVED
With significant JSSP support, on September 10, 2018 the law that establishes a state-
owned national legal assistance program for individuals unable to afford legal services
was adopted. The GOH also adopted a related budget. In Y5, JSSP continued to aid the
MJPS in the law’s implementation, including with the establishment of the CNAL and the
opening of its nine BALs. In Y5 JSSP transferred two of the four BALs it used to support
to the CNAL. These BALs had been JSSP-supported since Y2. In Y5, the four BALS
provided assistance to 905 individuals, for a total of 10,345 people aided since JSSP’s
launch.
In Year 1, a JSSP-commissioned study on the types of conflicts and resolution
mechanisms used in remote, underserved, and rural areas found that 90 percent of
citizens resolve conflicts through non-formal mechanisms. In Y2, Y3, and Y4, JSSP
conducted activities to address issues identified in the study. However, in Y5 the security
situation prevented the program from launching new initiatives.
IR 3.1. INCREASED INFORMAL AND FORMAL LEGAL SERVICES TO KEY
VULNERABLE POPULATIONS
3.1.1 Legal assistance legislation and CNAL. As earlier stated, JSSP aided in the
adoption of the 2018 Legal Assistance Law. On September 29, 2020, the Executive
adopted a decree appointing the five CNAL board members. In parallel with the CNAL’s
16
From November 3 to 6, 2020, CTC field fact finding mission in Port-au-Prince, covering areas of Port-au-
Prince, Delmas, and Canapé-vert. The inspectors also visited the Ministry of Education and the “rectorat” of
the State University (Université d’Etat d’Haiti).
From November 9 to 13, 2020, CTC field fact finding mission in Jacmel. The inspectors also visited the Law
Faculty of Jacmel, the bar association, 5 law firms and 5 Civil Society Organizations (CSO).
From February 22 to 26, JSSP supported 4 CTC fact finding missions in Mirebalais, Hinche, Fort-Liberté and
Grande Riviere du Nord
From March 1 to 5, JSSP supported two CTC field fact finding missions in Nippes covering Miragoane and in
the North covering Cap-Haitien and Plaine-du-Nord
From March 8 to 12, 2021, JSSP supported one CTC field fact finding mission in Gonaives.
From April 19 to 23, JSSP supported two CTC fact finding missions in Cap-Haitien, Grande Riviere du Nord,
Fort-Liberte, Ouanaminthe, Les Cayes, Coteaux, Saint-Louis du Sud, Acquin and Baraderes
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5establishment, the Ministry of Finance and Economy budgeted 50 million gourdes for the
committee in its 2021 national budget. This was a significant achievement, considering
that legal assistance has been entirely donor-funded for the past 20 years and, therefore,
unsustainable. JSSP has advocated for this incremental funding since the program’s
inception, first introducing it in an MoU signed with the MJPS. In Y3, the Program slashed
financial support to the BALs by half to motivate the GOH to appropriate adequate funding.
In Y2, Y3, and Y4, prior of the appointment of the CNAL members, JSSP consultant Mr.
Magloire provided significant support to Judith Bazile, the CNAL’s Administrative Director,
and her team to establish this new body. He continued to assist them in Y5, helping
develop the CNAL strategic plan (2021-2026) and its related budget, develop recruitment
and training requirements for BAL coordinators and legal assistants, identify BAL premises
in the different jurisdictions, open BALs, and draft an assessment report for newly
appointed Board members. In Q4 Y5, Mr. Magloire helped the CNAL conduct an
evaluation of its admin staff in accordance with terms of reference he previously helped
prepare. From May 31 to June 3, 2021, JSSP provided logistical support (drivers and
vehicles) for CNAL’s official launch of two BALs in Petit-Goave and Les Cayes. During this
visit, Mr. Magloire also provided technical support to the new BALs’ lawyers. In June 2021,
JSSP donated several equipment (6 desks, 6 folders, 18 chairs) to the CNAL for its new
headquarters.
3.1.2 JSSP-supported BALs. While the GOH established their state-owned BALs (Q1 and
Q2), JSSP continues to support legal assistance offices through local Bar associations.17
On November 30, 2020, JSSP ended its BAL grants in Port-au-Prince, Cap-Haitien, Saint-
Marc, and Fort-Liberté, as the program was originally scheduled to end in early February
2021. However, upon receiving a yearlong cost extension, in March 2021 JSSP signed
four-month grants with the BALs of Port-
au-Prince and Cap-Haitian, which hold
42% of total pretrial detainees of the
country. On July 31, 2021, JSSP grants to
the BALs of Port-au-Prince and Cap-
Haitian completed the period of
performance. JSSP assisted the CNAL in
preparing its budget and related
procedures to ensure a smooth and
effective takeover of the BAL of Saint-
Marc and Fort-Liberté BALS. Now, the
program has achieved its goal of these two
BALs becoming state-funded and Figure 4: Yvonne Bazile, coordinator of Port au-
sustainable. The Program is currently Prince BAL, provides a consultation for a beneficiary.
assisting the BAL of Port-au-Prince and
Cap-Haitian in joining the CNAL. To date
the CNAL has opened 9 BALs.18
3.1.3 BAL services. BAL services were conceived in alignment with the new law, findings
of the JSSP/MINUSTAH Y1 legal assessment, and lessons learned from Y2 and Y3.
Offered services include free legal representation for indigent persons, free consultation
services in civil and criminal matters, mediation for out-of-court settlements in civil matters,
17As part of its initial support to the four BALs, JSSP provided solar panels.
18 Fort-Liberte, Petit-Goave, Les Cayes, Miragoane, Cap-Haitien, Gonaives, Port-de-Paix, Jacmel, and Port-
au-Prince.
14mobile units to bring legal services closer to the people (“proximity justice”), and civic
education in response to the needs of remote, rural, and underserved communities.
Since 2017, JSSP has supported 5 legal assistance offices BALs in Port-au-Prince, Cap-
Haitien, Fort-Liberte, Saint-Marc, and Croix-des-Bouquets, helping 10,345 (7,415 M and
2,930 W) receive legal representation, legal consultations, and mediation services.
Legal representation: This year, JSSP-supported BALs provided free legal assistance to
588 detainees (522 M, 66 W), of which 28 (all men) were convicted, 64 (57 M and 7 W)
were acquitted and 496 (437 M, 59 W) were liberated without judgment. Of these 588
detainees, 11% were acquitted while 84% were liberated.
Mediation. This year, the four BALs conducted 18 mediations for 36 individuals (26 M and
10 W) in cases related to debt, child support, work conflict and cattle issues.
On May 13, 2021, as part of the continuous training of Bar associations lawyers, JSSP
provided a training on mediation for 11 lawyers (7 M and 4 W) from the Port-au-Prince
BAL. The training began with a presentation of different concepts linked to mediation then
focused on the dynamic of a conflict, the mediation process, and the required skills of a
mediator.
Mobile units. This FY, 110 individuals (96 M and14 W) benefited from mobile unit services
that tackled topics such as gender-based violence, citizens’ rights and duties, juvenile
justice, responsible parenthood and rent.
Civic education. This FY, the BALs held 61 civic education sessions for 992 participants
(510 M and 482 W). Sessions covered topics such as the role of witness in trials, rent,
penal responsibility, juvenile justice, judicial guarantees, GBV, child support, paternity,
citizen rights, and citizen duties. Since the beginning of the pandemic in March 2020, the
number of participants in these events do not exceed 10 people, as per GOH COVID-19
regulations.
Victim assistance. The number of victims that come forward to launch judicial proceedings
is low due to traditional attitudes and a lack of corollary services for victims. This quarter,
127 victims (51 M and 76 W) received services from the BALs for cases such as assault,
death threats, and breaches of trust.
Legal consultations. This quarter, the BALs provided 142 legal consultations (87 M and
55 W) for cases such as child support, work conflict, purchase of land, rape, and debt.
3.2 Collaboration with Caris Foundation. On July 10, 2020, JSSP and Caris Foundation
International (through the Impact Youth project) signed an MOU to collaborate on
providing legal assistance to underage victims of sexual violence. According to this MOU,
JSSP-sponsored BALs will provide legal assistance and representation for minors that are
referred by Impact Youth, and Impact Youth will provide medical and psychosocial support
to victims referred by JSSP. From June 8 to 11, 2021, JSSP held an online training on
gender, ethics, and socio-legal approaches for 24 Impact Youth staff in Port-au-Prince
and Cap-Haitien (10 M and 14 W). Attendees included managers, program coordinators,
doctors, and nurses.
HAITI JSSP ANNUAL REPORT, PROJECT YEAR 5Initiative to combat prolonged pretrial detention
MJPS action plan on PPD. From January 11 to 13, 2021, JSSP, alongside UNDP and
BINUH, provided technical and financial support for the MJPS National Workshop to
support their 2021 Action Plan on PPD. This plan was developed in Q1 with JSSP
assistance (See annex 4 for reference). 247 participants attended the three-day event.
Participants provided recommendations that include systemically using the 1927 law on
immediate hearings, conducting court hearings on weekends, and organizing court
session via visio-conference. The event received wide media coverage. Following this
MJPS workshop, JSSP, UNDP, and BINUH legal advisors refined the plan and developed
related forms. In April 2021, the MOJ approved the final draft, allowing for the distribution
of 300 copies of the plan to key stakeholders. On June 16, 2021, the MOJ officially
established a committee tasked with implementing the action plan. Only three working
sessions were organized because of the overall challenging security situation afflicting the
country.
Throughout Y5, sector operators’ strikes and insecurity have partly or entirely paralyzed
court activities. As a result, only a few hearings, mainly habeas corpus, were held in
courthouses, and no jury sessions could be organized. This situation has increased PPD
in prisons around the country. JSSP, BINUH, and UNDP legal advisors regularly met to
discuss relaunching hearings in courts, particularly during the judges’ strike. The agreed-
upon strategy consisted of organized special hearings in jurisdiction as part of a “minimum
essential service” or as “urgent cases”. Due the scale of the challenges, the MJPS never
managed to implement the strategies. JSSP tried to identify ways to prioritize treatment of
PPD cases, but unfortunately the socio-political factors previously mentioned prevented
implementation of these strategies.
On October 14, 2020, the clerks ended their strike. As such, with program support, several
hearings were held. In Saint-Marc, correctional hearings began on October 20, 2020. A
total of 24 cases involving 31 detainees (30 M and 1 W) were heard, resulting in 12
acquittals, 16 convictions, and 3 postponements. BAL lawyers provided legal
representation to 9 detainees (8 M and 1 W). JSSP also provided logistical support for
these hearings. In Fort-Liberté, with JSSP BAL support, correctional hearings took place
- 13 cases were heard, resulting in 8 convictions and 5 acquittals.
Workshop pretrial detention. On December 15, 2020, JSSP provided technical and
financial support to CSO Alliance Chretienne pour la Justice (ACJ) for a workshop on
pretrial detention in Croix-des-Bouquets. Seventy-five participants (55 M and 20 W)
attended. In Haiti, CSOs can provide legal assistance to detainees, conduct court
monitoring, and advocate the sanctioning of judges to the CSPJ.
IR 3.2. INCREASED ADJUDICATION OF DISPUTES AT THE SUB-DISTRICT LEVEL
In Year 1, the JSSP-commissioned study on the types of conflicts and resolution
mechanisms used in remote, underserved, and rural areas found that 90 percent of
citizens currently resolve conflicts through non-formal mechanisms. In Y2, Y3 and Y4
JSSP conducted activities to address issues identified in the study.
In Q1 Y5, the Program organized several weekly meetings with its network of CSOs. The
meetings focused on how to expand outreach, particularly to garner more signatures for
the petition they prepared in Y4. They established a new strategy in November 2020 –
they printed out copies of the petition to share, and CSO representatives collected
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