The International Association of Democratic Lawyers has been informed of the exactions committed in Haiti by the United Nations Mission for the Stabilization of Haiti (MINUSTAH), notably the massacres in popular neighborhoods, the hanging of a 17 years old young man, acts of pedophilia, sexual violence on women and girls. MINUSTAH is also legally responsible for the cholera epidemic brought by Nepalese soldiers, situation which has already caused the deaths of 6000 Haitians and has contaminated more than 400.000, in an epidemic that continues to spread all over the country.
In general terms, MINUSTAH has created in Haiti a climate of authoritarianism and insecurity that seriously threatens Haitian people’s sovereignty.
Yet, MINUSTAH’s presence is not legally justified. The only motive that can justify the constitution of a military intervention mission under chapter 7 of the United Nations Charter (UN) is the power that it gives to the Security Council under strict limitations in terms of maintenance or reestablishment of peace in International relations.
However, Haiti has not been in war against any other country. Thus, there is no legal standing to apply chapter 7.
Notwithstanding the authorization given in 2004 by the de facto Premier, the MINUSTAH remains illegal. Chapter 7 don’t give any competence to intervene in domestic affairs, according to article 2.7 of the Charter itself, even with authorization from the Chief of State.
Consequently, the respect for international rule of law imposes the immediate departure of the United Nations Mission for the Stabilization of Haiti (MINUSTAH) as well as the total and supportive compensation for all damages caused by this illegal occupation.
The International Association of Democratic Lawyers (IADL) Bureau, gathered in Costa Rica on September 24th and 25th, 2011, support all the Haitian organizations reunited within the Mobilization Collective for the compensation of cholera victims, requesting and demanding the immediate and unconditional departure of MINUSTAH from Haitian territory.