Secretary General's Response
Secretary General's Response
Secretary General's Response
HEADQUARTERS SIEGE
TEL.
1 (212) 963.4879
25 November 2014
Dear Ms. Farha, Mr. Galldn, Mr. Pfiras and Ms. de Albuquerque,
been taken by the United Nations in relation to the outbreak, as well as,
more generally, the measures that have been undertaken by the United
impact of the epidemic in Haiti. From the outset of the outbreak, the
Organization has been actively engaged in efforts to address the situation.
The Secretary-General is personally committed to ensuring that the United
Nations does everything in its power to help Haiti combat and eliminate
cholera. The United Nations is working closely with the Government of
Haiti and has established, in partnership with the Government, a joint
High-level Committee for the Elimination of Cholera that focuses on the
elimination of cholera and the provision of social and economic assistance
to affected communities.
as possible. While the United Nations stands ready to take all necessary
steps to eliminate cholera, it can only do so with the continued support of
the international community.
A. Background
4. The United Nations has had a long relationship with Haiti stretching
over two decades. United Nations involvement in Haiti began in 1990
when, at the request of the Government, the United Nations dispatched
observers to monitor the preparation and holding of elections. Following
the northern part of the country, the United Nations Stabilization Mission
in Haiti (MINUSTAH) was established to, among other things, support the
Government in ensuring a secure and stable environment; assist in the
restoration and maintenance of the rule of law, public safety and public
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efforts to restore its capacity. It also acted decisively within its mandate to
respond to post-earthquake needs by providing relief and security and
restoring the Government's capacity.
a very low level of just 17% of the population. In addition, Haiti had the
highest child mortality rate in the region, losing approximately 52 children
per day, mostly due to preventable diseases, such as diarrhea. The 2010
earthquake compounded the challenges to Haiti's existing infrastructure.
Wastewater collection systems were practically nonexistent. The
earthquake destroyed or damaged the country's existing infrastructure,
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took action to construct additional septic tanks and soak pits in Port au
Prince, Mirebalais, Hinche and Cap Haitien. Furthermore, MINUSTAH
initiated the procurement of modular waste water treatment plants with a
view to enhancing its waste water management capacity.
provide the United Nations, the Government of Haiti and the international
community specific recommendations on how to respond to the outbreak
and avoid future epidemics. The Independent Panel presented its report at
United Nations Headquarters on 3 May 2011 and to the Government of
Haiti through the Special Representative of the Secretary-General for Haiti
and Head of MINUSTAH on 4 May 2011. The Secretary-General
subsequently made the report public. In its report, the Independent Panel
noted that the explosive spread of cholera was due to several factors,
including the poor water and sanitation conditions in Haiti as well as the
conditions of the medical facilities in Haiti. It concluded that the outbreak
was caused by a confluence of circumstances and that it was not the fault
of, or due to deliberate action by, a group or individual. It also made
seven specific recommendations on cholera prevention and response.
11. The Secretary-General immediately convened a senior-level
Fund (UNICEF), the World Health Organization (WHO) and the Office of
Legal Affairs (OLA). Other relevant United Nations actors and observers,
including the Office of the Secretary-General's Special Envoy for Haiti,
were consulted and participated in the work of the Task Force, as
necessary.
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12. Based on the Task Force's evaluation, the United Nations decided
found that existing scientific information and expert opinion did not
provide sufficient clarity to support the implementation of this particular
recommendation. The United Nations has accordingly implemented the
recommendations of the Independent Panel as summarized below.
C. United Nations measures to address issues of health sanitation and
water
io
13. In its report, the Independent Panel of Experts noted that the Haiti
cholera outbreak highlighted the risk of transmitting cholera during
mobilization for emergency response. To prevent the introduction of
cholera into non-endemic countries, it recommended that United Nations
personnel and emergency responders traveling from cholera endemic areas
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16. After careful consideration, the United Nations has not adopted the
use of prophylactic antibiotics or screening. The Task Force was unable to
endorse the Independent Panel's recommendations on such measures in
bacteria, leading to (i) the risk that antibiotic resistant strains of cholera
may further develop and (ii) the risk that other organisms may develop
resistance, which would compromise the use of that antibiotic in the
management of other infectious diseases.
18. The Task Force also found that utilizing screening to confirm the
absence of asymptomatic carriage of cholera poses immense challenges
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certain very unusual circumstances . Extensive consultations within
WHO had also found that it would be unlikely that the proposed screening
method of the Independent Panel would achieve the desired objective.
20. These concerns were confirmed by a Pan American Health
PAHO/HSDiIR/A/00112.
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22. In order to protect its personnel and the health of local populations, in
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(where utilized), is a priority for all United Nations missions. The United
Nations has undertaken substantial actions in this respect since the
taken, and highlight areas that require further attention and guidance from
United Nations Headquarters. The actions being undertaken include the
improvement and better monitoring of existing facilities, the installation of
independent wastewater treatment plants, and the inspection and closer
supervision of contractors involved in wastewater disposal. The United
Nations also continues to strengthen its operational and oversight capacity
in this regard.
28. Since October 2014, there has been an Environmental Officer on the
staff of the DFS Logistics Support Division, who has the responsibility to
support missions in the implementation of policies on sanitation and
environmental issues. The Environmental Officer engages in close
dialogue with all missions regarding the proper treatment and disposal of
wastewater.
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31. During 2013 and 2014, the ECU carried out 150 environmental
iv.
33. In order to improve case management and decrease the cholera case
combat the epidemic and to prevent future outbreaks. The United Nations
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35. Within this context, the United Nations has been supporting national
authorities to ensure free access for cholera patients to adequate treatment
and safe water as a first life-saving intervention. The United Nations is
with the Centres for Disease Control and Prevention (CDC). In 2013,
1,150 alerts on suspected cases of cholera were received through the
system and responded to with health and water interventions. This
than 15,375 individuals have been trained on safe hygiene practices and,
on average, at least 2.9 million people have been reached annually with
cholera prevention messages.
38. To date, the United Nations and its partners have also provided
significant material support to facilitate Government efforts to treat
cholera patients. Among the many items supplied are over 17.7 million
aquatab drops or tablets; over 2,000 gallons of chlorine; more than 1.2
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million bars of soap; over 1.3 million sachets of oral rehydration salts;
approximately 4.9 million antibiotic pills; 6,175 hygiene kits; 9,500 water
purification kits and 30,410 cholera kits. In addition, over 150 cholera
treatment facilities have been established or upgraded and nearly 700
water chlorination points have been created across Haiti.
v. Improving water and sanitation
39. In order to prevent the spread of cholera, the Independent Panel of
Experts recommended that the United Nations and the Government of
developed and!or expanded and (b) safe drinking water supplies should
continue to be delivered and faecal waste should be collected and safely
disposed of in areas of high population density, such as the spontaneous
settlement camps.
40. Currently, only 24 percent of Haitians have access to improved
sanitation and only 62 percent of the population has access to safe water.
These represent the lowest levels in Latin America and the Caribbean,
where the regional average is 82 percent for sanitation and 94 percent for
water.5
41. As noted above, since the beginning of the epidemic, the United
Nations has established and/or upgraded over 150 cholera treatment
facilities and set up nearly 700 water chlorination points across Haiti. The
United Nations has also supported sensitization campaigns to increase
awareness of necessary cholera prevention and basic hygiene measures.
5 WHO/UNICEF Joint Monitoring Programme for Water and Sanitation, Progress on Drinking Water
and Sanitation 2014 Update.
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42. The United Nations strategy of engagement with regard to water and
sanitation includes an emergency response mechanism for water and
sanitation to respond to cholera alerts and a sustainable community-based
water, sanitation and hygiene programme (WASH) to increase access to
safe water, sanitation and hygiene for the population, particularly women
PAHO/WHO work with technical field staff from DINEPA and local
authorities to deliver the emergency WASH response to cholera spikes
within 48 hours. As part of its WASH strategy, the United Nations has
engaged in activities including sensitization on the treatment of water
consumed by households in affected neighborhoods, the delivery of
materials (soap, aquatabs, etc.) to improve water quality and hygiene, as
well as the immediate repair of water points and systems in communities
43. The United Nations has also carried out sustainable community-
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46. The United Nations has also been supporting the desludging of
latrines in camps established for internally displaced persons (IDPs) since
and July. With the support of the United Nations and its partners, DINEPA
has established and is maintaining a waste site, and has recently started to
desludge health facilities in the areas most affected by cholera.
47. Through MINUSTAH's Community Violence Reduction programme,
98 projects related to water-borne diseases have benefited nearly 4.8
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52. In its report, the Independent Panel of Experts noted that recent
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53. The United Nations strongly supports calls for the international
scientific community to enhance its research focus on the use of molecular
They are also expected to respect human rights in both their public and
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57. The United Nations has adopted a number of specific policies and
procedures to ensure that its peacekeeping operations and their personnel
operate within the normative framework of international human rights law
and are held accountable for alleged violations. These policies and
procedures are discussed in detail below.
violation of, human rights. This flows from the purposes and principles of
the United Nations as provided for by the Charter. In this connection, the
Organization has not only taken practical measures to mitigate the effects
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of risks when they have occurred, but, in appropriate cases, it has also
further detail below, and the various practical measures which they
prescribe, are examples of policies and practical measures adopted in
response to such concerns.
61. Moreover, on many occasions, the United Nations has also instituted
necessary inquiries or investigations to establish facts in response to
concerns from States, civil society or other relevant actors, and has
subsequently taken measures based on those established facts to address
the concerns raised. Such inquiries and investigations are an additional
United Nations is working not only to eliminate the disease, but also to
support the development of the economic and physical infrastructure
capable of improving the health of the Haitian population through
increased access to clean water and sanitation systems and improved
medical facilities. These measures are intended to reduce Haiti's
that the most effective way to address the situation in Haiti is by engaging
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and within operations in the field. It has specific provisions with regard to
human rights training of all mission personnel, and outlines the role and
accountability of the Head of Mission in ensuring that all staff are aware
of and abide by international human rights and international humanitarian
law standards.
ho
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Pre-deployment training
all members of its contingent are familiar with and fully understand the
Standards of Conduct and receive adequate and effective pre-deployment
training in those standards. Moreover, troop contributing countries retain
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serious misconduct and where the United Nations has informed the
government of the allegation, initiate a preliminary fact-finding inquiry of
the matter, until the government starts its own investigation. It is
to its appropriate authorities for due action. The MOU provides that those
national authorities shall take their decision in the same manner as they
would in respect of any other offence or disciplinary infraction of a similar
nature under their laws or the relevant disciplinary code. The government
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personnel in the mission, and liaise with investigative officials and the
CDU at Headquarters on misconduct allegations and cases.
f.
75. The United Nations has a zero tolerance policy towards all forms of
sexual exploitation and sexual abuse by United Nations staff members and
related personnel. The Secretary-General is committed to taking all
necessary measures to address all complaints of sexual exploitation and
6 See ST/SGB/2003/13.
7 See A/59/710.
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78. It is the policy of the Secretariat that officials and experts on mission
should be held accountable whenever they commit criminal acts. Such
acts cause harm to victims and also undermine the work and image of the
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80. The Policy sets out the basic principles regarding respect for human
rights, as well as the procedures that all United Nations entities must
follow in order to guide their support to non-United Nations security
forces. United Nations support cannot be provided where there are
substantial grounds for believing there is a real risk of the non-UN security
forces committing grave violations of international humanitarian, human
rights or refugee law and where the relevant authorities fail to take the
necessary corrective or mitigating measures.
grounds for believing that there is a real risk of such violations taking
place, and it is not possible to put in place measures to eliminate that risk
or reduce it to acceptable levels, then the United Nations entity concerned
must refrain from supporting the non-United Nations security forces
concerned.
and the violations continue, then the United Nations entity in question
must suspend or withdraw its support from the forces concerned.
E. The legal claims
83. The joint communication requests information concerning the
determination that the legal claims filed with the United Nations arising
out of the cholera outbreak in Haiti were "non-receivable". With respect
to this request, I have consulted with the United Nations Legal Counsel.
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Background
8 The commission is established by mutual agreement between the United Nations and the relevant
government only in respect of third party claims as envisaged in Section 29 of the General Convention.
To date, as noted by the Secretary-General in several reports to the General Assembly (see A/C.5/49/65,
para. 17, A/51/389, para. 22; A/51/903, para. 8), a standing claims commission has not been established
pursuant to any SOFA with Member States. It has instead been the practice for a local claims review
board established in the mission to examine third party claims and recommend payment of those claims it
considers well-founded.
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between two private parties. Section 29(a) has most frequently been
applied to claims arising under contracts between the United Nations and a
private party, to those relating to the use of property in the context of a
mission away from Headquarters, and to claims arising from vehicle
accidents.
88. Claims under Section 29(a) are distinct from public law claims,
which are understood as claims that would arise between an individual and
a public authority, such as a State. On the international level, these claims
which the United Nations is acting like a private person, claims attacking
the political or policymaking functions of the Organization are not privatelaw in character. In this context, an assertion that the United Nations has
not adopted or implemented certain policies or practices does not generate
a dispute of a private law character.
90. When assessing a claim under Section 29(a), the Organization does
not rely solely on the allegations of the claim itself, but also assesses the
character of the claim in the context of all its circumstances. The mere
allegation of tortious conduct does not make a claim one of a private law
character. The nature of the duty allegedly owed by the Organization, the
nature of the conduct or activity at issue, and other relevant circumstances
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that the claims of the Rwandan citizens against UNAMIR were not of a
private law character within the meaning attributed to it in the General
Convention or in the practice of the United Nations.
those killed after the fall of Srebrenica in 1995 alleging that the United
Nations had failed to protect the inhabitants of Srebrenica and had thus
violated the Security Council's resolutions and the mandate of the United
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State party. A State Party to a SOFA may also seek to resolve disputes on
the claimants alleged that the United Nations failed to take immediate
corrective action by willfully delaying and obscuring the discovery of the
source of the outbreak.
96. The claimants contended that the actions alleged above violated
Haitian law, including the Haitian Constitution, the Haitian Penal Code
and the Haitian Civil Code. Additionally, claimants contended that the
United Nations acted in violation of petitioners' rights under international
human rights law.
97. The United Nations carefully considered the claims and the
circumstances in which they arose. The claims raised broad issues of
98. Accordingly, the Legal Counsel of the United Nations informed the
claimants that the claim was not receivable pursuant to Section 29 of the
General Convention, as these claims would necessarily involve a review
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granted to the United Nations by its Member States is neither qualified nor
limited in any way under the terms of the General Convention. This
immunity is a vital condition for any international organization to exist
Convention and that the immunity of the United Nations before national
courts should be upheld, this does not in any way diminish the
commitment of the United Nations to do all that it can to help the people
of the Haiti overcome the cholera epidemic. The priority of the United
Nations and the international community is, and must be, for the benefit of
the entirety of the Haitian population. Accordingly, the focus of the work
of the United Nations and requests for funding from Member States must
be with respect to measures that ensure that cholera is eliminated in Haiti
and that the necessary infrastructure is built in Haiti that ensures that such
an outbreak will not occur again.
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103. In its resolutions adopted on MINUSTAH and Haiti since the cholera
outbreak, the Security Council has recognized the efforts by the United
Nations to combat cholera and urged the United Nations to continue to
support the Government of Haiti in addressing structural weaknesses, in
particular with respect to its water and sanitation systems, and underscored
designed to reduce the threat. In that resolution, the Security Council also
welcomed the visit that the Secretary-General undertook in July 2014 to
Haiti, and took note that the Secretary-General had, among other things,
underlined the need for adequate funding for the elimination of cholera
and investments in water and sanitation. I have also been engaged in
extensive discussions with the international community to ensure that
necessary funds are provided to support the cholera elimination efforts in
Haiti.
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106. At the World Bank Group's high-level conference for Haiti held in
Washington, D.C. on 9 October 2014, the joint Clean Water, Improved
Sanitation and Better Health for Haiti appeal was launched. The purpose
of the appeal was to solicit funds for a $310 million strategy to reach 1.9
million people in 16 high-risk cholera communes with improved water,
sanitation and health infrastructure over the next three years. It also
included a $70 million appeal to improve the water supply in Port-auPrince. This effort aims to consolidate resource mobilisation efforts by
prioritising high-risk cholera communes across the 10 departments. It will
also support cholera elimination efforts and begin to address both the
medium-term objectives of the Government's National Plan for the
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and Finance, the Minister of Public Works and the Minister responsible for
extreme poverty and human rights represent the Government of Haiti
General has made defeating the disease a priority and significant progress
has been achieved. The Organization remains committed to supporting
the efforts of the Government of Haiti and will continue its work to enable
all Haitians to realize a healthier and more prosperous future.
Yours sincerely,
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cc:
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Mr. A1 Hussein
Ms. Haq
Ms. Honor
Mr. Ladsous
Mr. Serpa Soares
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