Haiti: Recent Developments and U.S. Policy
June 5August 21, 2023 , 2023
Haiti, located on the western third of the island of Hispaniola and bordering the Dominican
Haiti, located on the western third of the island of Hispaniola and bordering the Dominican
Republic, remains mired in interrelated political, security, and humanitarian crises. Republic, remains mired in interrelated political, security, and humanitarian crises.
As of JuneHaiti lacks an
Clare Ribando Seelke
2023, Haiti lacks an elected president, legislature, and mayors following the July 2021 elected president, legislature, and mayors following the July 2021
assassination of President
Specialist in Latin
Jovenel Moïse. Moïse had named Ariel Henry to be prime minister prior to his death, but Henry
American Affairs
had not been sworn in as required under Haitian law. Since the assassination, a political stalemate
has persisted over whether Henry or a transitional government should govern until elections can
Karla I. Rios
be convened and an elected government is in place.
Analyst in Latin American Affairs
Specialist in Latin
assassination of President Jovenel Moïse; the terms of the last 10 elected senators expired in
American Affairs
January 2023. A political standoff between de facto Prime Minister Ariel Henry’s government
and rival political and civil society leaders, some of whom have backed a proposal (the Montana
Karla I. Rios
Accord) to form a transitional government, has prevented the country from scheduling elections
Analyst in Latin American
to replace officials whose terms have expired. It is yet unclear whether an agreement announced
Affairs
by Henry on December 21, 2022, will lead to elections in February 2024 as originally envisioned.
The ongoing political impasse also has hindered Haiti’s ability to respond to worsening security
The ongoing political impasse also has hindered Haiti’s ability to respond to worsening security
and humanitarian crises caused by rampant gang violence, food and fuel shortages,
and humanitarian crises caused by rampant gang violence, food and fuel shortages,
and a a resurgence resurgence
of cholera, and an August 2021 earthquakeof cholera. In October 2022, Henry asked for a foreign security force to help . In October 2022, Henry asked for a foreign security force to help
reestablish reestablish
control and enable humanitarian aid deliveriescontrol and enable humanitarian aid deliveries
;. While many Haitian civil society groups many Haitian civil society groups
opposeinitially opposed this request due to concerns regarding abuses committed during past interventions and Henry’s unelected status, increased insecurity has led more Haitians to express support for international assistance. Kenya is considering leading such a force if authorized by the U.N. Security Council this request, and no country has offered to lead such a force. The compound crises in Haiti continue to fuel instability and U.S.-bound migration. . The compound crises in Haiti continue to fuel instability and U.S.-bound migration.
U.S. Policy
U.S. policy in Haiti has aimed to support Haitian efforts to restore security, the rule of law, democratic institutions leading to U.S. policy in Haiti has aimed to support Haitian efforts to restore security, the rule of law, democratic institutions leading to
free and fair elections, and economic and social stability. In FY2022, the Biden Administration allocated $237.4 million in free and fair elections, and economic and social stability. In FY2022, the Biden Administration allocated $237.4 million in
foreignbilateral assistance for Haiti, including increased support for the Haitian National Police. assistance for Haiti, including increased support for the Haitian National Police.
The FY2023 budget request included $274.8 million for Haiti, and the FY2024 request included $291.5 million for Haiti. The Administration alsoIn FY2023, an estimated $204.5 million has been allocated to Haiti; the Administration requested $291.5 million for Haiti in FY2024. Separately, the Administration has continued to has continued to
provide humanitarian assistance to Haiti, including provide humanitarian assistance to Haiti, including
$79.2 million in FY2022 and $56.5 million to datemore than $112 million in FY2023. In March in FY2023. In March
2023, the Administration released a 10-year 2023, the Administration released a 10-year
strategic plan for preventing conflict and promoting plan for promoting peace and stability in Haiti, stability in Haiti,
1 of 10 countries prioritized by a priority country under the Global Fragility Act (P.L. 116-94), supported by additional funds.
The Biden Administration has encouraged negotiations between Henry and other key stakeholders regarding a pathway to future elections, and has placed increased pressure on Henry in recent monthsthe Global Fragility Act (P.L. 116-94).
The Biden Administration’s approach toward Haiti has evolved from supporting the Henry government to working with the United Nations and other international actors to push Henry, his rivals, and other stakeholders to reach an inclusive political to reach an inclusive political
accord. Since October 2022, the U.S. Treasury and State Departments have publicly sanctioned seven current or former accord. Since October 2022, the U.S. Treasury and State Departments have publicly sanctioned seven current or former
Haitian officials, including Laurent Lamothe, former prime minister for President Michel Martelly (2011-2016). The Haitian officials, including Laurent Lamothe, former prime minister for President Michel Martelly (2011-2016). The
State Department has denied visas to dozens of additional individuals and their families. The Administration also has sought to Administration also has sought to
facilitate a broader international response to the facilitate a broader international response to the
deteriorating situation in Haiti. The United States and Mexico drafted a U.N. situation in Haiti. The United States and Mexico drafted a U.N.
Security Council resolution to sanction gang leaders in Haiti and their financial backers that was adopted in October 2022. Security Council resolution to sanction gang leaders in Haiti and their financial backers that was adopted in October 2022.
Separately, theThe United States and United States and
Mexico proposed, but did not make public, aEcuador plan to present a U.N. Security Council resolution to resolution to
send a non-U.N.-led security assistance mission tosupport a Kenyan-led multinational force in Haiti. Haiti.
Congressional Action
Congress Congress
has set objectives for U.S. policyset objectives for U.S. policy
, appropriated foreign assistance, and engaged in oversight aimed at ameliorating the crises in Haiti. The toward Haiti through 2025 in the Haiti Development, Accountability, and Institutional Transparency Initiative Act (P.L. 117-103, Haiti Development, Accountability, and Institutional Transparency Initiative Act (P.L. 117-103,
Division V), enacted during the 117th Congress, set goals for U.S. development policy in Haiti through 2025Division V) and directed the and directed the
Secretary of State to prioritize the protection of human rights and Secretary of State to prioritize the protection of human rights and
anti-corruptionanticorruption efforts. The efforts. The act also required U.S. agencies to assess the progress of post-disaster recovery in Haiti and develop a strategy for achieving the act’s policy objectives. The Consolidated Appropriations Act, 2023 (P.L. 117-328), did not designate a total funding level for Haiti but placed Consolidated Appropriations Act, 2023 (P.L. 117-328), did not designate a total funding level for Haiti but placed
democracy-related conditions on some foreign assistance. democracy-related conditions on some foreign assistance.
The explanatory statement accompanying P.L. 117-328 urged the Secretary of State to use “every appropriate diplomatic tool to press for dialogue” and to take “strong legal action” against those engaged in human rights abuses, corruption, and other illicit activities.
The 118th Congress is now considering the Biden Administration’s FY2024 budget request for Haiti, as well as other legislative measures. The House Foreign Affairs Committee and Senate Foreign Relations Committee have reported bills Neither of the versions of a Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024, reported by the House (H.R. 4665/H.Rept. 118-146) and Senate Appropriations Committees (S. 2438/S.Rept. 118-71) would designate a specific aid amount for Haiti. However, both measures would place restrictions on assistance to the central government. In addition to foreign assistance, the House passed, and the Senate Foreign Relations Committee reported, bills (H.R. 1684/S. 396) that would require an annual State Department report on ties between gangs and politicians in Haiti and (H.R. 1684/S. 396) that would require an annual State Department report on ties between gangs and politicians in Haiti and
call for the imposition of sanctions on individuals engaged in such activities. Proposed legislationdirect the President to impose visa- and property-blocking sanctions on certain individuals identified in the report. Bills to renew trade preferences to renew trade preferences
for Haiti (for Haiti (
H.R. 5035/S. 552) also S. 552) also
hashave been introduced in been introduced in
the Senateboth houses. Congressional oversight efforts . Congressional oversight efforts
in the 118th Congress have focused on the have focused on the
Administration’s Administration’s
policies to manage migration from Haiti, among other issuesplans to improve security and democracy in Haiti, and could expand to monitor funding and any multinational force deployment to Haiti. .
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2122 Haiti: Recent Developments and U.S. Policy
Contents
Introduction ..................................................................................................................................... 1
Political Situation ............................................................................................................................ 2
Background ............................................................................................................................... 2
The Aftermath of President Moïse’s Assassination ................................................................... 4
Security Crisis ................................................................................................................................. 5
Humanitarian Situation .................................................................................................................... 8
U.N. Presence in Haiti and Recent Action ...................................................................................... 9
Sanctions Resolution ............................................................................................................... 10 Multinational Force Consideration.......................................................................................... 10
U.S. Policy and Issues for Congress ............................................................................................... 11
Foreign Assistance ................................................................................................................... 11 12
Bilateral Assistance ............................................................................................................ 11 12
Humanitarian Assistance ................................................................................................... 1314
Global Fragility Act Implementation ................................................................................ 14
Donor Coordination .......................................................................................................... 1415
Trade Preferences .................................................................................................................... 15
Sanctions: U.S. and Multilateral ............................................................................................. 15
Indictments 16 U.S. Department of Justice Cooperation ................................................................................. 17 Weapons and Drug Trafficking ............................................................................................... 17
Migration Issues ...................................................................................................................... 1718
Outlook .......................................................................................................................................... 1819
Figures
Figure 1. Map of Haiti ..................................................................................................................... 2
Figure 2. Criminal Dynamics in Haiti ............................................................................................. 6
Tables
Table 1. U.S. Foreign Assistance to Haiti by Account: FY2018-FY2024 ..................................... 13
Contacts
Author Information ........................................................................................................................ 1819
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Haiti: Recent Developments and U.S. Policy
Introduction
Haiti, a Caribbean country that shares the island of Hispaniola with the Dominican Republic (see Haiti, a Caribbean country that shares the island of Hispaniola with the Dominican Republic (see
Figure 1), has been of ongoing interest to Congress and successive U.S. presidential , has been of ongoing interest to Congress and successive U.S. presidential
administrations because of its proximity to the United States, chronic instability, and vulnerability administrations because of its proximity to the United States, chronic instability, and vulnerability
to natural disasters.1 Although Haiti has endured corrupt, authoritarian leaders for much of its to natural disasters.1 Although Haiti has endured corrupt, authoritarian leaders for much of its
history, governance arguably had improved in the years prior to a 2010 earthquake.2 That disaster history, governance arguably had improved in the years prior to a 2010 earthquake.2 That disaster
killed more than 200,000 people and set development back killed more than 200,000 people and set development back
decadessignificantly. Despite extensive . Despite extensive
international support for Haiti’s recovery, democratic institutions remain weak and the country international support for Haiti’s recovery, democratic institutions remain weak and the country
continues to contend with extreme poverty; wide economic disparities; and both human-made and continues to contend with extreme poverty; wide economic disparities; and both human-made and
natural disasters, including an August 2021 earthquake that killed 2,000natural disasters, including an August 2021 earthquake that killed 2,000
people. .
The situation in Haiti further deteriorated after
The situation in Haiti further deteriorated after
Haiti at a Glance
Capital: Port-au-Prince Port-au-Prince
the assassination of President Jovenel Moïse in
the assassination of President Jovenel Moïse in
July 2021 led to uncertainty over who would July 2021 led to uncertainty over who would
Population:: 12.2 mil ion (2023, IMF est.) 12.2 mil ion (2023, IMF est.)
succeed him. Two days before the
succeed him. Two days before the
Languages: French (official), Creole (official) French (official), Creole (official)
assassination, Moïse named Ariel Henry to be
assassination, Moïse named Ariel Henry to be
Area: 10,710 sq. miles, slightly larger than 10,710 sq. miles, slightly larger than
Massachusetts Massachusetts
prime minister, but Henry was not sworn in.
prime minister, but Henry was not sworn in.
Since most legislators’ terms had expired at the Since most legislators’ terms had expired at the
GDP: $26.58 bil ion (2023, current prices, IMF est.) $26.58 bil ion (2023, current prices, IMF est.)
time of the assassination, the Haitian legislature
time of the assassination, the Haitian legislature
Real GDP Growth:: -1.8% (2021); -1.7% (2022); -1.8% (2021); -1.7% (2022);
0.3% (2023, forecast) (% change, constant prices, IMF) 0.3% (2023, forecast) (% change, constant prices, IMF)
lacked the quorum needed to select a president
lacked the quorum needed to select a president
Per Capita GDP:: $2,170 (2023, current prices, IMF $2,170 (2023, current prices, IMF
to serve out the remainder of Moïse’s term, as
to serve out the remainder of Moïse’s term, as
est.)
est.)
outlined in the Haitian Constitution.
outlined in the Haitian Constitution.
Life Expectancy: 60.4/66.1 years (male/female) 60.4/66.1 years (male/female)
As of June 2023, Haiti still lacks an elected Haiti still lacks an elected
president, legislature,
(UNDP, 2021)
and local government; the terms of the last 10
(UNDP, 2021)
president, legislature, and local government. A
Maternal Mortality Ratio: 480/100,000 live births 480/100,000 live births
political standoff between de facto Prime
(UNDP, 2022)
Minister Henry’s government and oppositionelected senators ended in January 2023. A
(UNDP, 2022)
political standoff between de facto Prime
Sources:: International Monetary Fund (IMF); United International Monetary Fund (IMF); United
Nations Development Programme (UNDP). Nations Development Programme (UNDP).
Minister Henry’s government and opposition political and civil society leaders regarding political and civil society leaders regarding
how to form a transitional government to how to form a transitional government to
stabilize the country and convene elections persistsstabilize the country and convene elections persists
. The standoff continues amid a worsening amid a worsening
security crisis. Following a September 2022 announcement by Prime Minister Henry that fuel subsidies would end, protests and gang-led violence erupted.3 After gangs took over the ports, highways, and main fuel terminal, the economy ground to a halt and humanitarian agencies lost access to some areas. In October, cholera resurfaced after a three-year hiatus. Henry requested international intervention in Haiti in October 2022, but the United Nations (U.N.)security and humanitarian crisis. In October 2022, Henry requested international support to help the Haitian National Police restore order. In mid-August 2023, the United Nations (U.N.) Security-General outlined options for U.N. support for the deployment of a multinational force to Haiti; the United States is preparing to introduce a U.N. Security Security
Council has not yet voted on a resolution responding to that request.4Council resolution to authorize such a deployment.3
The 118th Congress may consider options for responding to the interrelated political, security, and
The 118th Congress may consider options for responding to the interrelated political, security, and
humanitarian crises in Haiti and the Henry government’s request for international intervention. humanitarian crises in Haiti and the Henry government’s request for international intervention.
This report provides a brief overview of the situation in Haiti and U.S. policy responses to date. This report provides a brief overview of the situation in Haiti and U.S. policy responses to date.
1 For background, see Laurent DuBois,
1 For background, see Laurent DuBois,
Haiti: the Aftershocks of History (New York, NY: Picador, 2013); Philippe (New York, NY: Picador, 2013); Philippe
Girard, Girard,
Haiti: :
The Tumultuous History: From Pearl of the Caribbean to Broken Nation (New York, NY: Palgrave (New York, NY: Palgrave
MacMillan, 2005, 2010). MacMillan, 2005, 2010).
2 International Crisis Group,
2 International Crisis Group,
Consolidating Stability in Haiti, Latin America/Caribbean Report No. 21, July 18, 2007. Latin America/Caribbean Report No. 21, July 18, 2007.
3 3
U.N. Security Council, “Letter Dated 8 October 2022 from the Secretary-General Addressed to the President of the Security Council,” S/2022/747, October 10, 2022. Hereinafter, Security Council, S/2022/747. 4 For a description of the type of resolution the United States and Mexico had envisioned in response to Henry’s request, see United States Mission to the United Nations, “Remarks by Ambassador Linda Thomas-Greenfield at a U.N. Security Council Briefing on Haiti,” October 17, 2022Jacqueline Charles, “U.N. Leader Calls for Range of Options to Combat Haiti Gangs,” Miami Herald, August 15, 2023; U.S. Department of State, “Special Online Briefing: Barbara A. Feinstein Deputy Assistant Secretary of State for Caribbean Affairs and Haiti,” August 4, 2023. .
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Haiti: Recent Developments and U.S. Policy
Figure 1. Map of Haiti
Source: Congressional Research Service (CRS). Congressional Research Service (CRS).
Political Situation
Background
Haiti won independence from France in 1804, making it the second independent republic in the Haiti won independence from France in 1804, making it the second independent republic in the
Western Hemisphere (after the United States). Since then, the country has experienced long Western Hemisphere (after the United States). Since then, the country has experienced long
periods of authoritarianism and political fragility, punctuated by foreign interventions and natural periods of authoritarianism and political fragility, punctuated by foreign interventions and natural
disasters.disasters.
54 After the fall of the brutal Duvalier dictatorship (1957-1986), attempts to consolidate After the fall of the brutal Duvalier dictatorship (1957-1986), attempts to consolidate
democratic rule have had limited success.democratic rule have had limited success.
65 In 1991, a military coup interrupted the term of Haiti’s In 1991, a military coup interrupted the term of Haiti’s
first president elected in free and fair elections, Jean-Bertrand Aristide of the center-left first president elected in free and fair elections, Jean-Bertrand Aristide of the center-left
Fanmi
Lavalas party (1991; 1994-1996; 2000-2004). The threat of a U.S. military intervention allowed party (1991; 1994-1996; 2000-2004). The threat of a U.S. military intervention allowed
Aristide to return three years later to complete his term. In 2000, Aristide began a second term Aristide to return three years later to complete his term. In 2000, Aristide began a second term
after the opposition boycotted the presidential election due to flawed parliamentary elections after the opposition boycotted the presidential election due to flawed parliamentary elections
54 Rocio Cara Labrador and Diana Roy, “Haiti’s Troubled Path to Development,” Council on Foreign Relations, Rocio Cara Labrador and Diana Roy, “Haiti’s Troubled Path to Development,” Council on Foreign Relations,
September 2022 (hereinafter Labrador and Roy, “Haiti’s Troubled Path”). Haiti reportedly paid an indemnity to France September 2022 (hereinafter Labrador and Roy, “Haiti’s Troubled Path”). Haiti reportedly paid an indemnity to France
of some $560 million, which caused a significant drain on Haiti’s finances well into the 20th century. Concerns about of some $560 million, which caused a significant drain on Haiti’s finances well into the 20th century. Concerns about
the indebted country’s ability to pay its creditors prompted a U.S. intervention from 1915 to 1934. Lazaro Gamio et al., the indebted country’s ability to pay its creditors prompted a U.S. intervention from 1915 to 1934. Lazaro Gamio et al.,
“Haiti’s Lost Billions,” “Haiti’s Lost Billions,”
New York Times, May 20, 2022; Hans Schmidt, , May 20, 2022; Hans Schmidt,
The United States Occupation of Haiti: 1915-
1934 (Rutgers, NJ: Rutgers University Press, 1971). (Rutgers, NJ: Rutgers University Press, 1971).
65 Fearing communist rule and/or instability on the island, successive U.S. presidential administrations recognized the Fearing communist rule and/or instability on the island, successive U.S. presidential administrations recognized the
regimes of François Duvalier (1957-1971) and his son, Jean-Claude Duvalier (1971-1987), despite concerns about the regimes of François Duvalier (1957-1971) and his son, Jean-Claude Duvalier (1971-1987), despite concerns about the
leaders’ authoritarian tendencies. See U.S. Department of State, Office of the Historian, “U.S. Relations with Haiti” in leaders’ authoritarian tendencies. See U.S. Department of State, Office of the Historian, “U.S. Relations with Haiti” in
Foreign Relations of the United States, 1958-1960, American Republics, vol. V, document 309, at , vol. V, document 309, at
https://history.state.gov/historicaldocuments/frus1958-60v05/d309; and U.S. Department of State, Office of the https://history.state.gov/historicaldocuments/frus1958-60v05/d309; and U.S. Department of State, Office of the
Historian, “Telegram from the Embassy in Haiti to the Department of State” in Historian, “Telegram from the Embassy in Haiti to the Department of State” in
Foreign Relations, 1977-1980, Mexico,
Cuba, and the Caribbean, vol. XXIII, document 253, August 14, 1978, at https://history.state.gov/historicaldocuments/vol. XXIII, document 253, August 14, 1978, at https://history.state.gov/historicaldocuments/
frus1977-80v23/d253. frus1977-80v23/d253.
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favoring
favoring
Fanmi Lavalas in May 2000. In 2004, Aristide—facing an armed uprising against his . In 2004, Aristide—facing an armed uprising against his
rule as well as U.S. and international pressure—resigned and went into exile.rule as well as U.S. and international pressure—resigned and went into exile.
76
From 2004 to 2017, the U.N. Stabilization Mission in Haiti (MINUSTAH), a peacekeeping force
From 2004 to 2017, the U.N. Stabilization Mission in Haiti (MINUSTAH), a peacekeeping force
that grew to 13,000 at its peak, sought to restore order in the country; build the Haitian National that grew to 13,000 at its peak, sought to restore order in the country; build the Haitian National
Police (HNP); and, later, help with recovery after Police (HNP); and, later, help with recovery after
thea 2010 earthquake. The legacy of 2010 earthquake. The legacy of
MINUSTAH is complicated, as troops MINUSTAH is complicated, as troops
introducedhelped restore some stability to Haiti but reintroduced cholera into the country and committed human cholera into the country and committed human
rights and sexual abuses. This experience rights and sexual abuses. This experience
hasinitially led many Haitians to oppose the type of foreign led many Haitians to oppose the type of foreign
military involvement requested by the Henry government.military involvement requested by the Henry government.
87
Haiti’s most recent presidents, Michel Martelly (2011-2016) and his chosen successor, Jovenel
Haiti’s most recent presidents, Michel Martelly (2011-2016) and his chosen successor, Jovenel
Moïse (2017-July 2021), who represented the center-right Moïse (2017-July 2021), who represented the center-right
Tèt Kale Party (PHTK), took office Party (PHTK), took office
after disputed elections and administered governments allegedly rife with corruption.after disputed elections and administered governments allegedly rife with corruption.
98 Under Under
Moïse, Haiti experienced political and social unrest, high inflation, Moïse, Haiti experienced political and social unrest, high inflation,
anti-governmentantigovernment protests, and protests, and
gang violence. Like other Haitian politicians, Moïse allegedly provided money and arms to gangs gang violence. Like other Haitian politicians, Moïse allegedly provided money and arms to gangs
in exchange for favors, including suppressing in exchange for favors, including suppressing
anti-governmentantigovernment protests such as those that erupted protests such as those that erupted
in 2018 afterin 2018 after
the government announced fuel price hikes. announced fuel price hikes.
109 A 2021 report by Harvard Law School’s International A 2021 report by Harvard Law School’s International
Human Rights Clinic documented state (primarily police) involvement in attacks on Human Rights Clinic documented state (primarily police) involvement in attacks on
neighborhoods in which some 240 civilians died from 2018 to 2020.neighborhoods in which some 240 civilians died from 2018 to 2020.
1110 Instability increased in Instability increased in
2019 after Haitian auditors issued two reports to the country’s chief prosecutor alleging Moïse 2019 after Haitian auditors issued two reports to the country’s chief prosecutor alleging Moïse
and other officials had misappropriated and embezzled millions of dollars in public funds.and other officials had misappropriated and embezzled millions of dollars in public funds.
1211
Political gridlock between the executive and legislative branches led to the government not
Political gridlock between the executive and legislative branches led to the government not
organizing scheduled October 2019 parliamentary elections. The terms of the entire lower organizing scheduled October 2019 parliamentary elections. The terms of the entire lower
Chamber of Deputies and two-thirds of the Senate expired in January 2020, as did the terms of all Chamber of Deputies and two-thirds of the Senate expired in January 2020, as did the terms of all
local government posts, without newly elected officials to take these positions.local government posts, without newly elected officials to take these positions.
1312 Thereafter, Thereafter,
Moïse ruled by decree, with some controversy over whether his term was to end in February 2021 Moïse ruled by decree, with some controversy over whether his term was to end in February 2021
or February 2022 (the State Department did not take a position on that dispute).or February 2022 (the State Department did not take a position on that dispute).
1413
76 Daniel P. Erikson, “Haiti After Aristide: Still on the Brink,” Daniel P. Erikson, “Haiti After Aristide: Still on the Brink,”
Current History, vol. 104, no. 679 (February 2005), pp. , vol. 104, no. 679 (February 2005), pp.
83-90. 83-90.
87 Carla King et al., “‘MINUSTAH Is Doing Positive Things Just as They Do Negative Things’: Nuanced Perceptions of Carla King et al., “‘MINUSTAH Is Doing Positive Things Just as They Do Negative Things’: Nuanced Perceptions of
a UN Peacekeeping Operation Amidst Peacekeeper-Perpetrated Sexual Exploitation and Abuse in Haiti,” a UN Peacekeeping Operation Amidst Peacekeeper-Perpetrated Sexual Exploitation and Abuse in Haiti,”
Conflict,
Security & Development, vol. 21, no. 6 (November 17, 2021), pp. 749-779. For how past interventions have influenced , vol. 21, no. 6 (November 17, 2021), pp. 749-779. For how past interventions have influenced
recent popular opinion in Haiti, see Rafael Bernal, “Human Rights Coalition to Biden: No Military Intervention in recent popular opinion in Haiti, see Rafael Bernal, “Human Rights Coalition to Biden: No Military Intervention in
Haiti,” Haiti,”
The Hill, November 1, 2022. , November 1, 2022.
98 On Martelly and Moïse’s elections, see Georges Fauriol, “Haiti’s Problematic Electoral Dynamics,” On Martelly and Moïse’s elections, see Georges Fauriol, “Haiti’s Problematic Electoral Dynamics,”
Global
Americans, December 21, 2021. On Martelly and drug trafficking, see Jacqueline Charles and Michael Wilner, , December 21, 2021. On Martelly and drug trafficking, see Jacqueline Charles and Michael Wilner,
“Canada Sanctions Former Haiti President Michel Martelly, Two Former Prime Ministers,” “Canada Sanctions Former Haiti President Michel Martelly, Two Former Prime Ministers,”
Miami Herald, November , November
21, 2022. On corruption in the Moïse government, see Maria Abi-Habib, “Haiti’s Leader Kept a List of Drug 21, 2022. On corruption in the Moïse government, see Maria Abi-Habib, “Haiti’s Leader Kept a List of Drug
Traffickers. His Assassins Came for It,” Traffickers. His Assassins Came for It,”
New York Times, December 12, 2021. , December 12, 2021.
109 Chris Dalby, “International Sanctions Seek to Weaken Haiti’s Patronage System Between Politicians, Gangs,” Chris Dalby, “International Sanctions Seek to Weaken Haiti’s Patronage System Between Politicians, Gangs,”
InSight Crime, November 24, 2022. For Moïse officials’ involvement in attacks on neighborhoods where protests , November 24, 2022. For Moïse officials’ involvement in attacks on neighborhoods where protests
occurred, see U.S. Department of the Treasury, “Treasury Sanctions Serious Human Rights Abusers on International occurred, see U.S. Department of the Treasury, “Treasury Sanctions Serious Human Rights Abusers on International
Human Rights Day,” December 10, 2020. Human Rights Day,” December 10, 2020.
1110 Harvard Law School International Human Rights Clinic, Harvard Law School International Human Rights Clinic,
Killing with Impunity: State-Sanctioned Massacres in Haiti, ,
April 2021. April 2021.
1211 U.S. Department of State, “Appendix C: Major Corruption Cases in Haiti and Government of Haiti Efforts to U.S. Department of State, “Appendix C: Major Corruption Cases in Haiti and Government of Haiti Efforts to
Address Corruption,” November 10, 2022Address Corruption,” November 10, 2022
, at https://www.state.gov/wp-content/uploads/2022/11/Appendix-C-Developments-in-Haiti-004977.pdf.
13. 12 The 10 remaining senators’ terms expired on January 9, 2023. The 10 remaining senators’ terms expired on January 9, 2023.
1413 U.S. Department of State, “Appendix F: Alleged February 2021 Coup Against President Jovenel Moïse and U.S. and U.S. Department of State, “Appendix F: Alleged February 2021 Coup Against President Jovenel Moïse and U.S. and
International Partner Efforts to Support Free and Fair Elections in Haiti,” November 2022, at https://www.state.gov/wp-content/uploads/2022/11/Appendix-F-Developments-in-Haiti-004977.pdf.(continued...)
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On July 7, 2021, armed assailants assassinated President Moïse in his private home in Port-au-
On July 7, 2021, armed assailants assassinated President Moïse in his private home in Port-au-
Prince. Details of the attack remain under investigation; however, the U.S. Federal Bureau of Prince. Details of the attack remain under investigation; however, the U.S. Federal Bureau of
Investigation (FBI) has arrested 11 individuals for their role in a plot to kill MoïseInvestigation (FBI) has arrested 11 individuals for their role in a plot to kill Moïse
. A federal judge sentenced, and one of those individuals one of those individuals
was sentenced to life in prison in to life in prison in
early June 2023.June 2023.
1514 The FBI also has The FBI also has
supported Haitian authorities’ investigation of the crime, although threats to the safety of those supported Haitian authorities’ investigation of the crime, although threats to the safety of those
authorities and turnover among the judges leading the investigation have hindered their efforts. authorities and turnover among the judges leading the investigation have hindered their efforts.
Haitian police have arrested at least 23 people accused of planning the plot, including Haitian police have arrested at least 23 people accused of planning the plot, including
18 former former
Colombian soldiers, members of Moïse’s security team, a former rebel leader, a former police Colombian soldiers, members of Moïse’s security team, a former rebel leader, a former police
inspector, and a Haitian-American pastor with ties to Florida.inspector, and a Haitian-American pastor with ties to Florida.
1615
The Aftermath of President Moïse’s Assassination
Moïse’s assassination gave rise to uncertainty about who would succeed him as president and Moïse’s assassination gave rise to uncertainty about who would succeed him as president and
who would serve as prime minister. Under the Haitian Constitution (Article 149), if a president who would serve as prime minister. Under the Haitian Constitution (Article 149), if a president
dies in the last two years of his term, the legislature should elect a provisional president to serve dies in the last two years of his term, the legislature should elect a provisional president to serve
out the term.out the term.
1716 As Haiti lacked a functioning legislature at the time of the assassination, the choice As Haiti lacked a functioning legislature at the time of the assassination, the choice
of who would succeed Moïse could not follow the prescribed constitutional order. of who would succeed Moïse could not follow the prescribed constitutional order.
Three individuals laid claims to serve as prime minister: interim Prime Minister Claude Joseph;
Three individuals laid claims to serve as prime minister: interim Prime Minister Claude Joseph;
Ariel Henry, a neurosurgeon nominated to be prime minister two days before Moïse’s death but Ariel Henry, a neurosurgeon nominated to be prime minister two days before Moïse’s death but
not sworn in; and Joseph Lambert, then-president of the Haitian Senate. On July 8, the Haitian not sworn in; and Joseph Lambert, then-president of the Haitian Senate. On July 8, the Haitian
government requested security and investigative assistance from the United States. In response to government requested security and investigative assistance from the United States. In response to
that request, an inter-agency delegation traveled to Haiti on July 11. U.S. officials met with all that request, an inter-agency delegation traveled to Haiti on July 11. U.S. officials met with all
three claimants to prime minister. After days of jockeying among the claimants over who would three claimants to prime minister. After days of jockeying among the claimants over who would
become prime minister, Joseph agreed that Henry would be prime minister and he foreign become prime minister, Joseph agreed that Henry would be prime minister and he foreign
minister on July 12.minister on July 12.
1817 Lambert separately gave up his quest to be prime minister; the U.S. Lambert separately gave up his quest to be prime minister; the U.S.
government later sanctioned him for drug trafficking. On July 17, the United States, United government later sanctioned him for drug trafficking. On July 17, the United States, United
Nations, and other donors issued a statement calling for the formation of an “inclusive Nations, and other donors issued a statement calling for the formation of an “inclusive
government” and encouraging Prime Minister-designate Ariel Henry to form a government.government” and encouraging Prime Minister-designate Ariel Henry to form a government.
19
In September 2021, Henry dismissed Haiti’s electoral council. He and his supporters then 18 Henry’s irregular path to his position, lackluster efforts while in office, and allegations of his possible involvement in Moïse’s assassination, have eroded his credibility.19
Since the assassination, a political stalemate has persisted over how to convene elections and who should govern until an elected government is in place. In September 2021, de facto Prime Minister Henry and his supporters proposed that Henry name a provisional electoral council to convene electionsproposed that Henry name a provisional electoral council to convene elections
. They also proposed, and that Henry remain the single head of government until a new elected that Henry remain the single head of government until a new elected
government takes office. As of June 2023, Henry has yet to appoint that council, and many civil society and political actors within Haiti have opposed this proposal. Henry’s irregular path to his position and
15
International Partner Efforts to Support Free and Fair Elections in Haiti,” November 2022, at https://www.state.gov/wp-content/uploads/2022/11/Appendix-F-Developments-in-Haiti-004977.pdf.
14 U.S. Department of State, Report to Congress on the Assassination of Former President of Haiti Jovenel Moïse, (Div. U.S. Department of State, Report to Congress on the Assassination of Former President of Haiti Jovenel Moïse, (Div.
V, P.L. 117-103), November 10, 2022, at https://www.state.gov/haiti-reports/V, P.L. 117-103), November 10, 2022, at https://www.state.gov/haiti-reports/
. U.S. Department of Justice, “Four Florida U.S. Department of Justice, “Four Florida
Men Arrested in Plot to Kill Haitian President, Grand Jury Returns Indictment Against 11,” February 14, 2023; Chris Men Arrested in Plot to Kill Haitian President, Grand Jury Returns Indictment Against 11,” February 14, 2023; Chris
Cameron, “Man Gets Life in Prison in Killing of Haiti Leader,” Cameron, “Man Gets Life in Prison in Killing of Haiti Leader,”
New York Times, June 4, 2023. , June 4, 2023.
1615 Jacqueline Charles, “Made in Miami: How a South Florida Plot to Oust Haiti’s Jovenel Moïse Led to His Murder,” Jacqueline Charles, “Made in Miami: How a South Florida Plot to Oust Haiti’s Jovenel Moïse Led to His Murder,”
Miami Herald, December 8, 2022; “Ex-Rebel Leader Known as ‘the Torturer’ Is Arrested in Haiti President’s , December 8, 2022; “Ex-Rebel Leader Known as ‘the Torturer’ Is Arrested in Haiti President’s
Assassination,” Assassination,”
Miami Herald, December 21, 2022. , December 21, 2022.
1716 Haiti’s Constitution of 1987 with Amendments Through 2012 is available in English at Haiti’s Constitution of 1987 with Amendments Through 2012 is available in English at
https://www.constituteproject.org/constitution/Haiti_2012.pdf?lang=en. https://www.constituteproject.org/constitution/Haiti_2012.pdf?lang=en.
1817 CRS interview with State Department officials, January 9, 2023. CRS interview with State Department officials, January 9, 2023.
1918 U.N. Integrated Office in Haiti (BINUH), “Core Group Press Release,” July 17, 2021. U.N. Integrated Office in Haiti (BINUH), “Core Group Press Release,” July 17, 2021.
19 Monique Beals, “Judge, Investigators say Haitian Prime Minister Involved in President’s Assassination,” The Hill, February 8, 2022.
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government takes office, but Henry did not appoint that council. Rival political and civil society leaders, some of whom backed the Montana Accord, a 2021 proposal to form an interim Haiti: Recent Developments and U.S. Policy
allegations of his possible involvement in Moïse’s assassination, have eroded his credibility.20 Henry has fired officials who have sought to question him about the Moïse case.21
As an alternative to Henry’s proposal, numerous civil society organizations and political parties have sought to form an interim government. After months of broad consultations, the Citizen Conference for a Haitian Solution to the Crisis (widely known as the Montana Group) came to an agreement in August 2021.22 The Montana Accord proposed a two-year interim government led government led
by a president and prime minister, with oversight committees, to restore order, administer elections, and create a truth and justice commission to address past human rights violations. Although many civic leaders and political parties signed the accord, some did not (including some business groups, churches, and the PHTK and allied parties).
In October 2022, Henry and his advisers requested foreign intervention to address the worsening security and humanitarian crises.23 Many Haitian political and civil society groups opposed the request, and critics maintain that Henry wants an intervention to help him remain in power and protect his and allied interests, as past Haitian leaders did.24 U.S. and Canadian sanctions targeting Haitian politicians and business leaders, some of whom have opposed negotiations or reportedly have benefitted from the unrest, have sought to break the political impasse.25
Henry put forth a transition proposal on December 21, 2022, named the National Consensus for an Inclusive Transition and Transparent Elections.26 by a president and prime minister, argued for a transitional government not led by Henry. 20
On December 21, 2022, Henry put forth a new transition proposal—the National Consensus for an Inclusive Transition and Transparent Elections (or the December 21st agreement)—that was signed by a range of stakeholders, including some former signatories of the Montana Accord.21 His government established a three-member His government established a three-member
High Transition Council (HTC) to implement that transition plan in January 2023 and appointed High Transition Council (HTC) to implement that transition plan in January 2023 and appointed
eight judges to the country’s highest court in March 2023. An independent facilitation committee is judges to the country’s highest court in March 2023. An independent facilitation committee is
carrying out consultations between the HTC, civil society, and donors on implementing the carrying out consultations between the HTC, civil society, and donors on implementing the
agreement. Discussions are also ongoing over how to improve security conditions and to select a new provisional electoral council. It is yet unclear whether the plan will receive broad enough support to enable Haiti to convene elections in February 2024 as originally envisioned.
Security Crisis
Since Moïse’s assassination, violent gangs have threatened to overwhelm the Haitian government and businesses, many of which have long been the gangs’ primary benefactors. The symbiotic relationship between the gangs in Haiti and the country’s political and economic elite is well established. Many of Haiti’s past presidents and other agreement. Since May, a three-person eminent persons group from the Caribbean Community (CARICOM) has facilitated intra-Haitian dialogue. High-level talks among Henry and other key stakeholders took place in Jamaica in mid-June 2023, with a focus on increasing the size of the transition council and possibly expanding its powers, as well as selecting an electoral council. The stakeholders did not reach a final agreement, but negotiations are continuing.22
Security Crisis Relations between Haitian gangs and the country’s political and economic elite are well established (see Figure 2). Many of Haiti’s past presidents and prominent politicians have used and prominent politicians have used and
received support from gangs. Generally, gangs provide political elites with services such as received support from gangs. Generally, gangs provide political elites with services such as
campaign support, voter intimidation, bribery, fundraising, vandalism, and campaign support, voter intimidation, bribery, fundraising, vandalism, and
disruption (see depiction in Figure 2).27 protest disruption.23 Former President Aristide Former President Aristide
reportedly relied on support from gangs that engaged in political repression, and the Canadian government sanctioned former President Martelly for his role in financing gangs.24 Business elites have formed relationships with gangs in order to protect their businesses and enable them to move merchandise throughout the country and abroad.25 In December 2022, the Canadian government imposed sanctions on prominent businessmen—Gilbert Bigio, Reynold Deeb, and Sherif Abdallah—for reportedly providing “illicit financial and operational support to gangs.”26
20 The Montana Accord proposed a two-year interim government led by a president and prime minister, with oversight committees, to restore order, administer elections, and create a truth and justice commission to address past human rights violations. Georges Fauriol, “Haiti: Betting on the Montana Accord,” Global Americans, February 9, 2022.
21 U.N. Security Council, U.N. Integrated Office in Haiti (BINUH), Report of the Secretary General, April 14, 2023. 22 Jacqueline Charles, “They Don’t Have a Deal, but Haitian Leaders Leave Jamaica with Promise to Keep Talking,” Miami Herald, June 14, 2023.
23relied on support from gangs known as
20 Monique Beals, “Judge, Investigators say Haitian Prime Minister Involved in President’s Assassination,” The Hill, February 8, 2022.
21 As an example, see “Haiti’s PM Replaces The Prosecutor Who Wanted Him Charged In The President’s Slaying,” Associated Press (AP), September 14, 2021.
22 Georges Fauriol, “Haiti: Betting on the Montana Accord,” Global Americans, February 9, 2022. 23 Catherine Osborn, “Haiti’s Crisis Escalates,” Foreign Policy, October 14, 2022. 24 Jonathan M. Katz, “Haiti’s Elites Keep Calling for the U.S. Marines,” Foreign Policy, October 31, 2022. 25 David C. Adams, “U.S. and Canada Turn to Sanctions Against Haitian Politicians and Businessmen Accused of Ties to Gangs,” UnivisionNews, December 19, 2022 (hereinafter Adams, “U.S. and Canada Turn to Sanctions”).
26 U.N. Security Council, BINUH, Report of the Secretary General, April 13, 2023. 27 Global Initiative Against Organized Crime, Global Initiative Against Organized Crime,
Gangs of Haiti: Expansion, Power, and an Escalating Crisis,, October 2022. Hereinafter: Global Initiative, Gangs of Haiti.
24 Immigration and Refugee Board of Canada, Haiti: The Chimères, Their Activities and Their Geographic Presence; the Treatment of the Chimères by the Authorities and the Presence of Group Members Within the Government and the Police (2006-May 2008), June 3, 2008; Harold Isaac and Brian Ellsworth, “Canada Sanctions Haiti Ex-President Martelly for Financing Gangs,” Reuters, November 20, 2022. 25 Alberto Arce and Rodrigo Abd, “In Haiti, the Difficult Relationship of Gangs and Business,” Associated Press, October 21, 2021.
26 Government of Canada, “Canada Imposes Sanctions Against Haitian Economic Elites,” December 5, 2022.
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October 2022. Hereinafter: Global Initiative, Gangs of Haiti.
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chimères, and the Canadian government sanctioned former President Martelly for his role in financing gangs.28
The relationship between Haiti’s economic elite and gangs is less apparent but no less significant than the ties between politicians and gangs. Business owners assert they have to support certain gangs as a defensive measure to protect their businesses and enable them to move merchandise throughout the country and abroad.29 In December 2022, the Canadian government imposed sanctions on Gilbert Bigio, Reynold Deeb, and Sherif Abdallah, three elites who reportedly provided “illicit financial and operational support to armed gangs.”30
Figure 2. Criminal Dynamics in Haiti
Source: CRS, based on a graphic from CRS, based on a graphic from
InSight Crime for theused in U.S. Agency for International Development, U.S. Agency for International Development,
Mapping Haiti’s Criminal Dynamics: Conclusions and Recommendations Brief, November 2021, at https://pdf.usaid.gov/November 2021, at https://pdf.usaid.gov/
pdf_docs/PA00ZF3H.pdf.
Since Moïse’s assassination, state authority has collapsed in parts of Port-au-Prince and surrounding areas. Armed gangs control parts of the city and other urban areas, as well as major highways. These gangs are often better armed than the national police.27 Protests and gang-led violence erupted following a September 2022 announcement by de facto Prime Minister Henry that fuel subsidies would end. After gangs took over a major port and the country’s main fuel terminal, the economy temporarily ground to a halt and humanitarian agencies lost access to some areas. In early October 2022, Henry and his advisors requested an international force to help quell the security situation and allow humanitarian aid to flow as an outbreak of cholera surged; possible responses to that request remain pending (see “Multinational Force Consideration,” below).28
The U.N. Office for the Coordination of Humanitarian Affairs (OCHA) estimates that there are at least 300 criminal groups operating in Haiti.29pdf_docs/PA00ZF3H.pdf.
Gangs have expanded their power in the wake of Moïse’s assassination. They have exerted control over territory, highways, ports, and the delivery of humanitarian aid, challenging the authority of the HNP and other state institutions. Gangs were responsible for an October 2021 kidnapping of U.S. missionaries and a blockade of the country’s primary fuel terminal from September to early November 2022.
In 2021, the U.S. Agency for International Development (USAID) estimated there were 200 gangs in Haiti, which reportedly controlled some 60% of Port-au-Prince.31 The G9 and Family (G9) and the G-PEP are two of Haiti’s most powerful gang federations. In 2022, homicides In 2022, homicides
increased by 35.2% compared with 2021 as gangsincreased by 35.2% compared with 2021 as gangs
, such as G9 and Family (G9) and G-PEP, vied for control of territory. vied for control of territory.
3230 More More
than 2,094 reported homicides occurred between January 2023 and June 2023, 68% more than the last half of 2022.31 In 2022, kidnappings increased by 104.7% compared with 2021. Kidnappings escalated further during the first half of 2023, as gangs sought to find new revenue amid diminished support from elites fearful of being designated for U.S. and Canadian sanctions.32
27 Jon Lee Anderson, “A Land Held Hostage,” The New Yorker, July 24, 2023. 28 Catherine Osborn, “Haiti’s Crisis Escalates,” Foreign Policy, October 14, 2022. 29 Haiti: Humanitarian Response Plan 2023 at a Glance,” Relief Web, April 13, 2023. 30 U.N. Security Council, BINUH, Report of the Secretary-General, January 17, 2023; and Scott Mistler-Ferguson, “G9 vs. G-PEP – The Two Gang Alliances Tearing Haiti Apart,” InSight Crime, July 21, 2022.
31 Ibid; “Haiti: International Support Needed Now to Stop Spiraling Gang Violence,” UN News, May 9, 2023. 32 U.N. Security Council, BINUH, Report of the Secretary General, January 17, 2023; U.N. Security Council, BINUH, Report of the Secretary General, July 3, 2023; Reuters, “Haiti Rights Group Records Three-Fold Rise in Kidnappings for Early 2023,” April 4, 2023.
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Gang attacks on government personnel and critical infrastructure have increased as they have grown more autonomous.than 1,400
28 Immigration and Refugee Board of Canada, Haiti: The Chimères, Their Activities and Their Geographic Presence;
the Treatment of the Chimères by the Authorities and the Presence of Group Members Within the Government and the
Police (2006-May 2008), June 3, 2008; Harold Isaac and Brian Ellsworth, “Canada Sanctions Haiti Ex-President Martelly for Financing Gangs,” Reuters, November 20, 2022. 29 Alberto Arce and Rodrigo Abd, “In Haiti, the Difficult Relationship of Gangs and Business,” Associated Press, October 21, 2021.
30 Government of Canada, “Canada Imposes Sanctions Against Haitian Economic Elites,” December 5, 2022. 31 U.S. Agency for International Development (USAID), Mapping Haiti’s Criminal Dynamics, November 2021; Global Initiative, Gangs of Haiti.
32 U.N. Security Council, BINUH, Report of the Secretary-General, January 17, 2023.
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reported homicides occurred between January 2023 and April 2023.33 In 2022, kidnappings increased by 104.7% compared with 2021. Kidnappings escalated further during the first quarter of 2023, as gangs sought to find new revenue amid diminished support from elites who reportedly feared being subject to U.S. or Canadian sanctions.34
According to U.N. reports, gangs have used “collective rape” and other gender-based violence
According to U.N. reports, gangs have used “collective rape” and other gender-based violence
against women, children as young as 10, and the elderly to intimidate people against women, children as young as 10, and the elderly to intimidate people
3533
. From January
. From January
2023 to March 2023, at least 652 women and girls were victims of collective rape. Gender-based
2023 to March 2023, at least 652 women and girls were victims of collective rape. Gender-based
and sexual violence is more prevalent in zones contested by warring gangs in which many and sexual violence is more prevalent in zones contested by warring gangs in which many
inhabitants lack access to basic health, education, and social services. inhabitants lack access to basic health, education, and social services.
Although the State Department asserted that the HNP ranked among the “most trusted and effective institutions in Haiti” after MINUSTAH left the country, theThe U.N. Secretary-General U.N. Secretary-General
described the police described the police
force in 2022 as “spread thin” and lacking weapons, equipment, and in 2022 as “spread thin” and lacking weapons, equipment, and
capacity.capacity.
3634 Some studies also indicate the HNP has struggled with widespread criminal cooptation Some studies also indicate the HNP has struggled with widespread criminal cooptation
and infiltration. A July 2022 International Crisis Group study estimated that 40% of . A July 2022 International Crisis Group study estimated that 40% of
the HNP has ties to gangs.37 Even when police have sought to confront gangs and broader violence, the challenges have been dauntingHNP officers have ties to gangs.35 Corruption, combined with the HNP and Haitian Coast Guard’s lack of control over the country’s ports and borders, have made Haiti a hub for drug and arms trafficking and worsened gang violence (See “Weapons and Drug Trafficking”). Low pay and poor working conditions have increased attrition among the 10,000 or so HNP officers available to perform police duties.36 When police have sought to confront gangs, confrontations have often proven deadly. In November 2022, criminals assassinated the director of the . In November 2022, criminals assassinated the director of the
HNP’s training center at the center. In May 2023, a police officer died as gangs set two Canadian-HNP’s training center at the center. In May 2023, a police officer died as gangs set two Canadian-
provided armored vehicles on fire.provided armored vehicles on fire.
38
Furthermore, impunity
Impunity prevails in Haiti’s weak justice system. In addition to failing to resolve prevails in Haiti’s weak justice system. In addition to failing to resolve
Moïse’s assassination, Haitian authorities have yet to arrest Jimmy Chérizier, a former HNP Moïse’s assassination, Haitian authorities have yet to arrest Jimmy Chérizier, a former HNP
officer turned gang leaderofficer turned gang leader
who was linked to Moïse, or other Haitian officials implicated in the 2018 La Saline massacre of , or other Haitian officials implicated in the 2018 La Saline massacre of
71 people.71 people.
3937 Gangs overtook several of Haiti’s main courthouses in summer 2022, and many of Gangs overtook several of Haiti’s main courthouses in summer 2022, and many of
the courthouses remain inoperable. Without functioning courts, Haitian prisons continue to hold the courthouses remain inoperable. Without functioning courts, Haitian prisons continue to hold
inmates, inmates,
8385% of whom were in pretrial detention in % of whom were in pretrial detention in
MarchJune 2023; prisons have a 2023; prisons have a
286332% cell % cell
occupancy rate.occupancy rate.
4038 Many inmates lack access to food, water, and medical care.
The rampant violence in Haiti has left many Haitians hopeless and frustrated. Since April 2023, Haiti has experienced a rise in antigang vigilantism—the Bwa Kale movement.39 On April 24, Port-au-Prince residents confronted, lynched, and burned 10 alleged gang members. The movement is now in all 10 administrative departments (states) of Haiti, with at least 224 people killed from April-June 2023.40
33 Many inmates lack access to food, water, and medical care. In April 2023, Haitian officials estimated that gangs control 80% of the capital and other major cities.41
In addition, corruption and a lack of control over the country’s ports and borders have made Haiti a hub for drug and arms trafficking. In August 2022, the U.S. Department of Homeland Security
33 Ibid; “Haiti: International Support Needed now to Stop Spiraling Gang Violence,” UN News, May 9, 2023. 34 U.N. Security Council, BINUH, Report of the Secretary General, January 17, 2023; U.N. Security Council, BINUH, Report of the Secretary General, April 13, 2023; Reuters, “Haiti Rights Group Records Three-Fold Rise in Kidnappings for Early 2023,” April 4, 2023.
35 This draws from BINUH and Office of the U.N. High Commissioner for Human Rights (OHCHR), This draws from BINUH and Office of the U.N. High Commissioner for Human Rights (OHCHR),
Sexual Violence
in Port-au-Prince: A Weapon Used by Gangs to Instill Fear, October 14, 2022; OHCHR and BINUH, , October 14, 2022; OHCHR and BINUH,
Human Rights
Situation, Quarterly Report: January-March 2023; Global Initiative Against Transnational Organized Crime, ; Global Initiative Against Transnational Organized Crime,
Gang
Control and Security Vacuums: Assessing Gender-Based Violence in Cité Soleil, May 2023, May 2023
.
36 U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs, “Haiti Summary,” at https://2017-2021.state.gov/bureau-of-international-narcotics-and-law-enforcement-affairs-work-by-country/haiti-summary/index.html; Human Rights Watch, “Living a Nightmare,” August 14, 2023. 34 Security Council, S/2022/747. Security Council, S/2022/747.
3735 International Crisis Group, International Crisis Group,
New Gang Battle Lines Scar Haiti as Political Deadlock Persists, July 27, 2022. , July 27, 2022.
38 Jacqueline Charles, “Police Officer Is Killed in Haiti After Gang Sets Armored Vehicles Ablaze,” Miami Herald, May 18, 2023.
3936 U.N. Security Council, BINUH, Report of the Secretary General, July 3, 2023. 37 Chérizier, then-Minister of the Interior Fednel Monchery, and President Moïse’s Departmental Delegate Joseph Chérizier, then-Minister of the Interior Fednel Monchery, and President Moïse’s Departmental Delegate Joseph
Pierre Richard Duplan Pierre Richard Duplan
allegedly planned an attack carried out by gangs on protesters who had criticized the government. U.S. planned an attack carried out by gangs on protesters who had criticized the government. U.S.
Department of the Treasury, “Treasury Sanctions Serious Human Rights Abusers on International Human Rights Day,” Department of the Treasury, “Treasury Sanctions Serious Human Rights Abusers on International Human Rights Day,”
December 10, 2020.
40 OHCHR and BINUH, Human Rights Situation, Main Trends, Quarterly Report: January-March 2023. 41 U.N. Security Council Meetings Coverage, “As Haiti Slides into Violence, Its People ‘Cannot Wait Any Longer’ for Assistance, Foreign Minister Tells Security Council,” April 26, 2023.
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(DHS) Homeland Security Investigations office in Miami, FL, announced new initiatives to counter reported spikes in arms trafficking to Haiti.42 In December 2022, the State Department sanctioned Rommel Bell, former customs director in Haiti, for corruption after Haiti’s anti-corruption unit launched an investigation into Bell’s alleged participation in arms trafficking.43
The rampant violence in Haiti has left many Haitians hopeless and frustrated. Since April 2023, Haiti has experienced a rise in anti-gang vigilantism—the Bwa Kale movement.44 On April 24, Port-au-Prince residents confronted, lynched, and burned 10 alleged gang members. Anti-gang vigilantism has spiraled, with the Office of the U.N. High Commissioner for Human Rights citing 164 “mob killings and lynchings of alleged gang members” in April 2023.45 December 10, 2020. 38 U.N. Security Council, BINUH, Report of the Secretary-General, July 3, 2023; Widlore Mérancourt and Amanda Coletta, “He Was Sentenced to a Year in Prison. He Had Been Held More Than Nine,” Washington Post, August 11, 2023.
39 Reuters, “Haitian Residents Lynch and Set Fire to Suspected Gang Members,” April 26, 2023. 40 U.N. Security Council, BINUH, Report of the Secretary General, July 3, 2023.
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Humanitarian Situation
Haiti is a fragile country that is highly vulnerable to natural disasters due to its location and Haiti is a fragile country that is highly vulnerable to natural disasters due to its location and
topography (exacerbated by deforestation and climate change), and the Haitian government’s topography (exacerbated by deforestation and climate change), and the Haitian government’s
capacity to respond to such disasters is limited. A decade after the devastating 2010 earthquake, capacity to respond to such disasters is limited. A decade after the devastating 2010 earthquake,
inadequate recovery efforts, combined with subsequent natural disasters (e.g., Hurricane inadequate recovery efforts, combined with subsequent natural disasters (e.g., Hurricane
Matthew, Matthew,
thea 2021 earthquake) and disease outbreaks (e.g., cholera, Coronavirus Disease 2019 2021 earthquake) and disease outbreaks (e.g., cholera, Coronavirus Disease 2019
[COVID-19])[COVID-19])
, have further weakened the state’s ability to protect and provide for its citizens. have further weakened the state’s ability to protect and provide for its citizens.
46 Recent flooding has41 Flooding in June 2023 resulted in more than 40 deaths and left some 13,000 resulted in more than 40 deaths and left some 13,000
homeless.47 Haitians homeless.42 The Fund The Fund
for Peace’s 2022 Fragile States Index ranked Haiti as the 11th most fragile state in the world due for Peace’s 2022 Fragile States Index ranked Haiti as the 11th most fragile state in the world due
to various factors, including the state’s lack of legitimacy and inability to deliver services, uneven to various factors, including the state’s lack of legitimacy and inability to deliver services, uneven
economic development, and relatively low levels of social cohesion.economic development, and relatively low levels of social cohesion.
4843
In contrast to some previous humanitarian crises Haiti has endured,
In contrast to some previous humanitarian crises Haiti has endured,
athe political and security political and security
crisis situation is the primary driver of the current humanitarian emergency.is the primary driver of the current humanitarian emergency.
4944 According to U.N. officials, as of According to U.N. officials, as of
MarchJune 2023, gang violence had displaced at least 2023, gang violence had displaced at least
160195,000 people.,000 people.
5045 Gang blockades of highways Gang blockades of highways
have limited humanitarian access, particularly to the southern peninsula but also to communities have limited humanitarian access, particularly to the southern peninsula but also to communities
to the east and north of the capital. The G9 gang’s blockade of the Varreux fuel terminal from to the east and north of the capital. The G9 gang’s blockade of the Varreux fuel terminal from
mid-September to early November 2022mid-September to early November 2022
, combined with broad unrest, caused businesses and combined with broad unrest, caused businesses and
hospitals to close. During that period, Haitians, fearful of encountering gang violence, sheltered hospitals to close. During that period, Haitians, fearful of encountering gang violence, sheltered
in place amid a lack of water and sanitation services, fuel, electricity, and in place amid a lack of water and sanitation services, fuel, electricity, and
food. The U.N. OCHA estimates that 5.2 million Haitians are in need of humanitarian aid.46
Ongoing humanitarian concerns include food insecurity and inadequate access to health care, protection, and education. In October 2022, the U.N. Food and Agriculture Organization estimated that a record 4.7 million Haitians, roughly 50% of the population, faced acute levels of hunger.47 In October 2022, cholera resurfaced in Haiti, and as of mid-April 2023 it had claimed 686 lives.48 While cholera is preventable through vaccination and treatable with rehydration, gangs have reportedly prevented patient access to health facilities and denied medical staff entry to affected communities. In March 2023, the U.N. Integrated Office in Haiti (BINUH) reported that 21 health facilities had temporarily shut down or reduced their activities due to violence.49 Children in Haiti are extremely vulnerable to protection concerns, particularly gender-based
41food. The U.N. Office
42 U.S. Department of Homeland Security, “Homeland Security Investigations (HSI) Announces Crackdown on Firearms, Ammunition Smuggling to Haiti, the Caribbean,” August 19, 2022.
43 U.S. Department of State, “Combating Global Corruption and Human Rights Abuses,” December 2, 2022; Jacqueline Charles, “U.S. Sanctions More Haitians, Including the Relatives of People Accused of Corruption,” Miami Herald,
December 11, 2022.
44 Reuters, “Haitian Residents Lynch and Set Fire to Suspected Gang Members,” April 26, 2023. 45 OHCHR, “Haiti: UN Human Rights Chief Warns Against ‘Never-Ending Cycle of Violence,’” May 9, 2023. 46 On recovery and reconstruction, see Jonathan Katz, On recovery and reconstruction, see Jonathan Katz,
The Big Truck That Went by: How the World Came to Save Haiti
and Left Behind a Disaster (New York, NY: St. Martin’s Press, 2014); Government Accountability Office (GAO), (New York, NY: St. Martin’s Press, 2014); Government Accountability Office (GAO),
Haiti: USAID and State Should Improve Management and Assessment of Reconstruction Activities, GAO-23-105211, GAO-23-105211,
March 2023. Hereinafter: GAO, March 2023. On subsequent disasters, see Labrador and Roy, “Haiti’s Troubled Path.” March 2023. Hereinafter: GAO, March 2023. On subsequent disasters, see Labrador and Roy, “Haiti’s Troubled Path.”
4742 Jacqueline Charles, “At Least 42 Dead, Thousands Homeless in Haiti After a Weekend of Heavy Rains, Flooding,” Jacqueline Charles, “At Least 42 Dead, Thousands Homeless in Haiti After a Weekend of Heavy Rains, Flooding,”
Miami Herald, June 5, 2023. , June 5, 2023.
4843 The Fund for Peace, Fragile States Index, at https://fragilestatesindex.org/country-data/. The Fund for Peace, Fragile States Index, at https://fragilestatesindex.org/country-data/.
4944 U.N. Office for the Coordination of Humanitarian Affairs (UNOCHA), “Seven Things to Know About the U.N. Office for the Coordination of Humanitarian Affairs (UNOCHA), “Seven Things to Know About the
Humanitarian Crisis in Haiti,” October 26, 2022. Humanitarian Crisis in Haiti,” October 26, 2022.
50 OHCHR, Haiti- Gang Violence, March 21, 2023.
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for the Coordination of Humanitarian Affairs estimates that 5.2 million Haitians are in need of humanitarian aid.51
Some of the ongoing humanitarian concerns focus on food insecurity, health, protection, and education. In October 2022, the U.N. Food and Agriculture Organization estimated that a record 4.7 million Haitians, roughly 50% of the population, faced acute levels of hunger and 19,000 people were experiencing “catastrophic” (most urgent) levels of hunger.52 In October 2022, cholera resurfaced in Haiti; as of mid-April 2023, cholera had claimed 686 lives. 53 While cholera is preventable through vaccination and treatable with rehydration, gangs have reportedly prevented patient access to health facilities and denied medical staff entry to affected communities. In March 2023, BINUH reported that at least 21 health facilities had shut down or reduced their activities due to escalating violence—including Doctors Without Borders, which temporarily closed a hospital in Cité Soleil.54 Children in Haiti are extremely vulnerable to protection concerns, particularly gender-based 45 International Organization for Migration (IOM), “Haiti Emergency Response: Situation Report,” June 2023. 46 UNOCHA, Global Humanitarian Overview 2023, December 2022. 47 U.N. Food and Agriculture Organization of the United Nations (FAO), “Catastrophic Hunger Levels Recorded for the First Time in Haiti,” October 14, 2022. 48 Pan-American Health Organization (PAHO), “Cholera Epidemic in Haiti and the Dominican Republic,” May 19, 2023.
49 OHCHR and BINUH, Human Rights Situation, Main Trends, Quarterly Report: January-March 2023, March 8, 2023; Reuters, “Medecins Sans Frontieres Shuts Haiti Hospital amid Gang Violence,” March 8, 2023.
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violence. They have also lost years of schooling violence. They have also lost years of schooling
due to COVID-19; insecurity and cholera-related school closures; and, most recently, armed due to COVID-19; insecurity and cholera-related school closures; and, most recently, armed
attacks on schools.attacks on schools.
5550
U.N. Presence in Haiti and Recent Action
The U.N. has had a continuous presence in Haiti for almost 19 years, with The U.N. has had a continuous presence in Haiti for almost 19 years, with
strong support and fundingdiplomatic and financial support provided by successive U.S. presidential administrations. Following the collapse of the provided by successive U.S. presidential administrations. Following the collapse of the
Aristide government in 2004, the U.N. Security Council established MINUSTAH to help restore Aristide government in 2004, the U.N. Security Council established MINUSTAH to help restore
order and train the HNP.order and train the HNP.
5651 After the 2010 earthquake, the Security Council expanded After the 2010 earthquake, the Security Council expanded
MINUSTAH’s size and mission. MINUSTAH’s size and mission.
A Security Council resolution ended MINUSTAH in 2017, citing Haiti’s peaceful completion of a
A Security Council resolution ended MINUSTAH in 2017, citing Haiti’s peaceful completion of a
long-delayed electoral process in February 2017 as a milestonelong-delayed electoral process in February 2017 as a milestone
; critics argue, however, that a transitional government, not the U.N.-backed PHTK government, accomplished that goal.57.52 The The
Security Council also praised MINUSTAH for supporting the political process, professionalizing Security Council also praised MINUSTAH for supporting the political process, professionalizing
the police, and improving security and stability in Haiti, achievements that proved short-lived. the police, and improving security and stability in Haiti, achievements that proved short-lived.
Haitian and international human rights and health experts criticized MINUSTAH for its role in Haitian and international human rights and health experts criticized MINUSTAH for its role in
introducing cholera to Haiti (a disease that had not been present in the country for more than a introducing cholera to Haiti (a disease that had not been present in the country for more than a
century) and for allegations of sexual abuse by some of its forces.century) and for allegations of sexual abuse by some of its forces.
5853 In 2016, then-Secretary-General Ban Ki-Moon apologized for the U.N.’s role in a cholera outbreak that ultimately caused nearly 10,000 deaths; the U.N. also launched a $400 million fund to confront the epidemic.54
In 2017, the U.N. Mission for Justice Support in Haiti (MINUJUSTH) succeeded MINUSTAH, focusing on strengthening judicial institutions, protecting human rights, increasing the professionalism of the HNP, and reinforcing the rule of law. The mission also supported violence-reduction projects and income-generating activities for youth. During MINJUSTH’s mandate, the number of HNP officers increased by 10% to 15,400 and courts reported a 300% increase in files processed on the day of their reception.55 However, Haitians continued to report increased sexual violence.56
In October 2019, the U.N. transitioned to a political office, the U.N. Integrated Office in Haiti (BINUH), for an initial one-year period that the U.N. Security Council twice extended. BINUH’s
50 In 2016, then-Secretary-
51 UNOCHA, Global Humanitarian Overview 2023, December 2022. 52 U.N. Food and Agriculture Organization of the United Nations, “Catastrophic Hunger Levels Recorded for the First Time in Haiti,” October 14, 2022. 53 Pan-American Health Organization, “Cholera Epidemic in Haiti and the Dominican Republic,” May 19, 2023. 54 OHCHR and BINUH, Human Rights Situation, Main Trends, Quarterly Report: January-March 2023, March 8, 2023; Reuters, “Medecins Sans Frontieres Shuts Haiti Hospital amid Gang Violence,” March 8, 2023. 55 U.N. Children’s Fund, “Haiti: Armed Violence Against Schools Increases Nine-Fold in One Year,” February 9, U.N. Children’s Fund, “Haiti: Armed Violence Against Schools Increases Nine-Fold in One Year,” February 9,
2023. 2023.
5651 U.N. Security Council, “Resolution 1542 (2004)/Adopted by the Security Council at Its 4961st Meeting, on 30 April U.N. Security Council, “Resolution 1542 (2004)/Adopted by the Security Council at Its 4961st Meeting, on 30 April
2004,” S/RES/1542 (2004), June 1, 2004. MINUSTAH’s original mission aimed to restore security and stability, 2004,” S/RES/1542 (2004), June 1, 2004. MINUSTAH’s original mission aimed to restore security and stability,
promote political processes (including elections), strengthen institutions and rule-of-law-structures, and promote and promote political processes (including elections), strengthen institutions and rule-of-law-structures, and promote and
protect human rights. protect human rights.
5752 U.N. Security Council, “Resolution 2350 (2017)/Adopted by the Security Council at Its 7924th Meeting, on 13 April U.N. Security Council, “Resolution 2350 (2017)/Adopted by the Security Council at Its 7924th Meeting, on 13 April
2017,” S/RES/2350 (2017), April 13, 2017. 2017,” S/RES/2350 (2017), April 13, 2017.
Critics argue, however, that a transitional government, not the U.N.-backed PHTK government, accomplished that goal. Even with MINUSTAH present, Haiti experienced a constitutional crisis Even with MINUSTAH present, Haiti experienced a constitutional crisis
after Michel Martelly failed to convene elections to choose his successor. Georges Fauriol, ‘A Cycle of Instability’: after Michel Martelly failed to convene elections to choose his successor. Georges Fauriol, ‘A Cycle of Instability’:
Haiti’s Constitutional Crisis,” Center for Strategic and International Studies, February 8, 2021. Haiti’s Constitutional Crisis,” Center for Strategic and International Studies, February 8, 2021.
5853 For background, see CRS In Focus IF10502, For background, see CRS In Focus IF10502,
Haiti: Cholera, the United Nations, and Hurricane Matthew, by , by
Maureen Taft-Morales and Tiaji Salaam-Blyther. Maureen Taft-Morales and Tiaji Salaam-Blyther.
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General Ban Ki-Moon apologized for the U.N.’s role in an outbreak that ultimately caused nearly 10,000 deaths; the U.N. also launched a $400 million fund to confront the epidemic.59
In 2017, the U.N. Mission for Justice Support in Haiti (MINUJUSTH) took MINUSTAH’s place, focusing on strengthening judicial institutions, protecting human rights, increasing the HNP’s professionalization, and reinforcing the rule of law. The mission also supported violence-reduction projects and income-generating activities for youth. During MINJUSTH’s mandate, the number of HNP officers increased by 10% to 15,400 and courts reported a 300% increase in files processed on the day of their reception.60 However, Haitians continued to report increased sexual violence and widespread cholera cases.61
In October 2019, the U.N. transitioned to a political office, the U.N. Integrated Office in Haiti (BINUH), for an initial one-year period that the U.N. Security Council twice extended. BINUH’s mandate, which currently runs through July 2023,6254 U.N. News, “U.N.’s Ban Apologizes to People of Haiti, Outlines New Plan to Fight Cholera Epidemic and Help Communities,” December 1, 2016. By the end of 2021, donors had contributed only $21.8 million to support the pledged $400 million fund. See U.N. Haiti Cholera Response Multi-Partner Trust Fund, 2021 Annual Report.
55 U.N. Mission for Justice Support in Haiti, “MINUJUSTH Completes Its Mandate, Putting an End to 15 Consecutive Years of Peacekeeping in Haiti,” October 16, 2019.
56 International Justice Resource Center, “U.N. Transitions from Peacekeeping to Governance, Amid Crisis in Haiti,” October 17, 2019.
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mandate, which currently runs through July 2024,57 is to advise the Haitian government on how to is to advise the Haitian government on how to
establish an inclusive national dialogue on reestablishing stability, security, and the rule of law so establish an inclusive national dialogue on reestablishing stability, security, and the rule of law so
elections can be held, among other aims. The mission also emphasizes protecting and promoting elections can be held, among other aims. The mission also emphasizes protecting and promoting
human rights, including by documenting recent gender-based violence by gangs and producing human rights, including by documenting recent gender-based violence by gangs and producing
reports from Haiti for the U.N. Secretary-General and Security Council.reports from Haiti for the U.N. Secretary-General and Security Council.
6358 BINUH coordinates BINUH coordinates
with other U.N. agencies, funds, and programs, ranging from humanitarian agencies such as the with other U.N. agencies, funds, and programs, ranging from humanitarian agencies such as the
World Food Program to World Food Program to
a newerthe U.N. Office on Drugs and Crime U.N. Office on Drugs and Crime
office in Haiti.
On October 6, 2022, Acting.
Sanctions Resolution On October 17, 2022, the Security Council discussed a resolution sponsored by the United States and Mexico to establish a U.N. sanctions regime against gang leaders in Haiti and those who finance them. The Security Council unanimously approved the sanctions resolution (Resolution 2653) on October 21, 2022; an expert committee is guiding its implementation.59
Multinational Force Consideration On October 6, 2022, de facto Prime Minister Henry and his ministers requested the deployment of Prime Minister Henry and his ministers requested the deployment of
an international force to help Haitian forces quell the security situation and allow humanitarian an international force to help Haitian forces quell the security situation and allow humanitarian
aid to flow. On October 8, U.N. Secretary-General António Guterres sent a letter to the Security aid to flow. On October 8, U.N. Secretary-General António Guterres sent a letter to the Security
Council recommending various approaches to respond to that request. Such approaches included Council recommending various approaches to respond to that request. Such approaches included
deploying a non-U.N. rapid action force (probably composed of some military forces) to support deploying a non-U.N. rapid action force (probably composed of some military forces) to support
the HNP, forming a multinational police task force, creating a multinational the HNP, forming a multinational police task force, creating a multinational
anti-gangantigang force, force,
expanding BINUH’s budget and mandate, bolstering the HNP and the justice sector, and expanding BINUH’s budget and mandate, bolstering the HNP and the justice sector, and
combating arms trafficking.combating arms trafficking.
6460 On October 17, 2022, the Security Council discussed a proposed On October 17, 2022, the Security Council discussed a proposed
resolution by the United States and Mexico, which reportedly would have authorized the resolution by the United States and Mexico, which reportedly would have authorized the
deployment of a non-U.N. multinational force to Haiti.deployment of a non-U.N. multinational force to Haiti.
65 Few countries have61 From October 2022 through mid-2023, few countries publicly offered to publicly offered to
send their forces to Haitisend their forces to Haiti
, and Canada has reportedly and many countries, including Canada, declined U.S. requests to lead such a force.
In July 2023, Kenya announced its willingness to “positively consider” leading a multinational force in Haiti and sending 1,000 police to support the HNP if authorized by the Security Council.62 Once announced, the State Department and CARICOM praised Kenya’s disposition even as some questioned the human rights record of the Kenyan police.63 Other countries that have considered contributing troops to a mission to Haiti include the Bahamas, Jamaica, and Rwanda.64 Such a mission would likely require many more contributors as well as significant
57 For background, see BINUH, “Mandate,” at https://binuh.unmissions.org/en/mandate. 58 BINUH and OHCHR, Sexual Violence. 59 Security Council, “Resolution 2692 (2023), July 14, 2023. 60 Security Council, S/2022/747. 61declined U.S. requests to lead such a mission.66
On October 17, 2022, the Security Council also discussed a resolution sponsored by the United States and Mexico to establish a U.N. sanctions regime against gang leaders in Haiti and those
59 U.N. News, “U.N.’s Ban Apologizes to People of Haiti, Outlines New Plan to Fight Cholera Epidemic and Help Communities,” December 1, 2016. By the end of 2021, donors had contributed only $21.8 million to support the pledged $400 million fund. See U.N. Haiti Cholera Response Multi-Partner Trust Fund, 2021 Annual Report.
60 U.N. Mission for Justice Support in Haiti, “MINUJUSTH Completes Its Mandate, Putting an End to 15 Consecutive Years of Peacekeeping in Haiti,” October 16, 2019. 61 International Justice Resource Center, “U.N. Transitions from Peacekeeping to Governance, Amid Crisis in Haiti,” October 17, 2019.
62 For background, see BINUH, “Mandate,” at https://binuh.unmissions.org/en/mandate. 63 BINUH and OHCHR, Sexual Violence. 64 Security Council, S/2022/747. 65 United States Mission to the United Nations, “Remarks by Ambassador Linda Thomas-Greenfield at a U.N. Security United States Mission to the United Nations, “Remarks by Ambassador Linda Thomas-Greenfield at a U.N. Security
Council Briefing on Haiti,” October 17, 2022. Security Council Report, “Haiti: Briefing,” in Council Briefing on Haiti,” October 17, 2022. Security Council Report, “Haiti: Briefing,” in
What’s in Blue (blog), (blog),
December 21, 2022 (hereinafter Security Council Report, “Haiti”). December 21, 2022 (hereinafter Security Council Report, “Haiti”).
66 International Crisis Group, Haiti’s Last Resort: Gangs and the Prospect of Foreign Intervention, December 14, 2022; Richard Sanders, Canada, The United States and Haiti- Dilemmas of Foreign Policy and Immigration, Wilson Center, May 10, 2023.
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who finance them. The Security Council unanimously approved the sanctions resolution (Resolution 2653) on October 21, 2022; an expert committee is guiding its implementation.67 The Security Council has continued to receive regular briefings from BINUH and other U.N. agencies in Haiti but has not taken additional public actions.
U.S. Policy and Issues for Congress
U.S. policy goals in Haiti under the Biden Administration 62 Reuters, “Kenya Ready to Lead Multinational Force to Haiti,” July 29, 2023. 63 U.S. Department of State, Press Statement, Antony J. Blinken, Secretary of State, “Kenya Considering Leading a Multinational Force in Haiti,” August 1, 2023; CARICOM, “Statement on Multi-national Force to Support Haiti,” August 4, 2023; Luke Taylor, “Kenya’s Offer to Send Police to Haiti Sparks Human Rights Concerns,” The Guardian, August 5, 2023; Human Rights Watch, Kenya: End Abusive Policing of Protests, May 31, 2023.
64 “Antigua Considers Role as Ja Confirms Plan to Send Troops to Haiti,” The Gleaner, August 4, 2023; “Rwanda Willing to Support Multilateral Force Requested by Haiti,” Prensa Latina, July 6, 2023.
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training, equipment, and logistical support from the United States, Canada, and others. In his August 15 letter to the Security Council, the Secretary-General reportedly said that the mission should focus on disarming the gangs, securing key installations and highways, and reasserting state presence to enable basic services to reach the population.65 He also asserted that “the robust use of force by a specialized multinational police force,” likely supported by military assets, is needed help the HNP reestablish law and order. He reportedly outlined how the U.N. could provide logistical support to the multinational force and the HNP, while also expanding and strengthening BINUH to facilitate a political accord and train the police, among other tasks.
The United States and Ecuador plan to present a U.N. Security Council resolution to support a Kenyan-led multinational force in Haiti financed by voluntary contributions.66 Kenya expects to deploy an assessment mission accompanied by U.S. officials to Haiti in the coming weeks.67
U.S. Policy and Issues for Congress Biden Administration policy goals in Haiti include supporting Haitian-led efforts include supporting Haitian-led efforts
to confront gangs and insecurity; to confront gangs and insecurity;
resolvingresolve the political and constitutional the political and constitutional
crises; revivingcrisis; revive the the
economy; and economy; and
addressingaddress poverty and a lack of poverty and a lack of
basic services (including health care and education), which have fueled irregular migrationaccess to health care, education, and other basic services.68 Since Moïse’s assassination, U.S., Canadian, .68 Since Moïse’s assassination, U.S., Canadian,
and U.N. officials—among others criticized for past interventions in the country—have and U.N. officials—among others criticized for past interventions in the country—have
emphasized their support for emphasized their support for
“Haitian-led solutionsHaitian-led solutions
” to the to the
country’s challenges. In March 2023, the Biden Administration issued a 10-year plan for Haiti, as mandated by the Global Fragility Act (GFA; P.L. 116-94), with a long-term, interagency goal of helping the government and citizenry of Haiti work together to develop a shared vision and plan to achieve long-term stability.69
U.S. country’s political and security challenges. As those solutions have yet to emerge and conditions in Haiti have deteriorated, U.S. officials have pursued several courses of action.
The Biden Administration’s diplomatic approach to Haiti has evolved from supporting the Henry government to encouraging Henry and other key stakeholders to implement the December 21 agreement and address insecurity in the country.officials have pursued several courses of action to advance those goals. Secretary of State Antony Blinken and other top U.S. officials have stressed the increasing urgency of reaching a political consensus on how to reestablish constitutional order to de facto Prime Minister Henry and other key stakeholders.70 The U.S. government has sanctioned corrupt The U.S. government has sanctioned corrupt
officials and encouraged other countries to do so, supported officials and encouraged other countries to do so, supported
back-channel negotiations between Henry and other key stakeholdersefforts to facilitate dialogue by CARICOM and others, expanded support for the HNP, and sought a partner country to lead a non-U.N. “multinational , and sought a partner country to lead a non-U.N. “multinational
force” funded by voluntary contributions force” to help stabilize the country.71 U.S. officials have pledged to provide significant funding, equipment, and logistical support to any multinational force deployed to Haiti that would expand on U.S. assistance to the HNP.72
On many U.S. policy issues regarding Haitito help stabilize the country.69 In March 2023, the Biden Administration issued a 10-year plan for Haiti, as mandated by the Global Fragility Act (P.L. 116-94), with a long-term, interagency goal of helping “Haiti’s citizens and government advance a shared vision and a permissive environment for long-term stability.”70
On many U.S. policy issues, Congress has had a direct role in shaping policy or conducting , Congress has had a direct role in shaping policy or conducting
oversight of policy development and implementation. Those policy issues include, but oversight of policy development and implementation. Those policy issues include, but
are not limited to, foreign assistance, trade preferences, sanctions policy, and migration.
Foreign Assistance
Bilateral Assistance
Congress has appropriated foreign assistance to support Haiti’s recovery from recurrent natural disasters and foster long-term stability. In addition to significantly expanding such assistance in the aftermath of a massive 2010 earthquake, Congress has closely monitored the implementation and impact of U.S. assistance activities.71 Congress also shapes U.S. policy toward Haiti through appropriations, conditions on appropriations, and reporting requirements linked to the obligation of U.S. assistance.
67 Security Council, “Resolution 2653 (2022), October 21, 2022; Security Council Report, “Haiti.”
65 Jacqueline Charles, “U.N. Leader Calls for Range of Options to Combat Haiti Gangs,” Miami Herald, August 15, 2023; Edith M. Lederer, “UN Chief Urges Deployment of Police Special Forces and Military Support to Combat Gangs in Haiti,” Associated Press, August 15, 2023.
66 U.S. Mission to the United Nations, “Remarks by Ambassador Thomas-Greenfield at a Press Conference on the August Planned Program of Work and the U.S. Presidency of the UN Security Council,” August 1, 2023.
67 U.S. Department of State, “Department Press Briefing,” August 14, 2023. 68 U.S. Department of State, 68 U.S. Department of State,
Integrated Country Strategy: Haiti, approved March 18, 2022, , approved March 18, 2022,
at https://www.state.gov/https://www.state.gov/
wp-content/uploads/2022/04/ICS_WHA_Haiti_Public.pdfwp-content/uploads/2022/04/ICS_WHA_Haiti_Public.pdf
(hereinafter State Department, Integrated Country Strategy).
69.
69 U.S. Department of State, The U.S. Strategy to Prevent Conflict and Promote Stability 10-Year Strategic Plan for Haiti, March 24, 2023.
70 U.S. Department of State, “Secretary Blinken’s Meeting with Haitian Prime Minister Henry,” July 5, 2023. 71 Adams, “U.S. and Canada Turn to Sanctions”; International Crisis Group, Adams, “U.S. and Canada Turn to Sanctions”; International Crisis Group,
Haiti’s Last Resort: Gangs and the
Prospect for Foreign Intervention, ,
briefing noBriefing No. 48, December 14, 2022. . 48, December 14, 2022.
7072 U.S. Department of State, “Department Press Briefing,” August 14, 2023.
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are not limited to, foreign assistance, trade preferences, sanctions policy, and migration. Should a multinational force be deployed to Haiti, Congress could engage in oversight or consider legislative options related to the mission. For example, Congress could provide or withhold funding for such a force and/or seek to ensure that such a force respects human rights and that those who receive U.S. training or equipment are rigorously vetted, as required by U.S. law.73
Foreign Assistance
Bilateral Assistance
Congress has appropriated foreign assistance to support Haiti’s recovery from recurrent natural disasters and foster long-term stability. In addition to significantly expanding such assistance in the aftermath of a massive 2010 earthquake, Congress has closely monitored the implementation and impact of U.S. assistance activities.74 Congress also shapes U.S. policy toward Haiti through appropriations, conditions on appropriations, and reporting requirements linked to the obligation of U.S. assistance. U.S. Department of State, The U.S. Strategy to Prevent Conflict and Promote Stability 10-Year Strategic Plan for
Haiti, March 24, 2023.
71 See, as an example, GAO-23-105211, March 2023.
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Congress enacted the Haiti Development, Accountability, and Institutional Transparency Initiative
Congress enacted the Haiti Development, Accountability, and Institutional Transparency Initiative
Act (HAITI ActAct (HAITI Act
; H.R. 2471/S. 1104) as part of the FY2022 Consolidated Appropriations Act) as part of the FY2022 Consolidated Appropriations Act
, 2022 (P.L. (P.L.
117-103, Division V). The HAITI Act stated that U.S. policy should support sustainable 117-103, Division V). The HAITI Act stated that U.S. policy should support sustainable
rebuilding and development efforts in Haiti that recognize Haitian independence, are led by the rebuilding and development efforts in Haiti that recognize Haitian independence, are led by the
people and government of Haiti, and contribute to international efforts to support broad and people and government of Haiti, and contribute to international efforts to support broad and
inclusive dialogue to restore democratic institutions and legitimacy in the country.inclusive dialogue to restore democratic institutions and legitimacy in the country.
7275 The HAITI The HAITI
Act also required U.S. agencies to measure the progress of Act also required U.S. agencies to measure the progress of
post-disasterpostdisaster recovery and efforts to recovery and efforts to
address corruption, governance, rule of law, and media freedoms in Haiti. The State Department address corruption, governance, rule of law, and media freedoms in Haiti. The State Department
submitted the reports required by the act and made them public on November 10, 2022.submitted the reports required by the act and made them public on November 10, 2022.
73
Over the last five years, U.S. bilateral assistance to Haiti has ranged from a low of $180.3 million in FY2020 to $237.4 million in FY2022 (see Table 1). In March 2022,76
In addition to the HAITI Act, current and future U.S. programming and budget requests are likely to reflect the priorities of the State Department and USAID’s the State Department and USAID adopted a two-year Integrated Country two-year Integrated Country
Strategy for FY2022-FY2024, adopted in March 2022, and the GFA-mandated U.S. Strategy to Prevent Conflict and Promote Stability 10-Year Strategic Plan for Haiti, released in March 2023 (see “Global Fragility Act Implementation”).77Strategy to guide U.S. foreign assistance to Haiti for FY2022-FY2024.74 The Administration requested $274.8 million in assistance for Haiti in FY2023 to help Haiti recover from external shocks by investing in the HNP, combating corruption, strengthening civil society, and providing services for marginalized people.75
The FY2023 Consolidated Appropriations Act (P.L. 117-328), enacted in December 2022,
The FY2023 Consolidated Appropriations Act (P.L. 117-328), enacted in December 2022,
does did not specify a comprehensive appropriations level for Haiti. The accompanying explanatory not specify a comprehensive appropriations level for Haiti. The accompanying explanatory
statement statement
designatesdesignated $8.5 million for reforestation efforts and “not less than” $5.0 million to help $8.5 million for reforestation efforts and “not less than” $5.0 million to help
meet the sanitary, medical, and nutritional needs of Haitian prisoners. The act meet the sanitary, medical, and nutritional needs of Haitian prisoners. The act
requiresrequired the State the State
Department to withhold any aid to support the Haitian government until the Secretary of State Department to withhold any aid to support the Haitian government until the Secretary of State
certifies that a new president and parliament have taken office following free and fair elections or certifies that a new president and parliament have taken office following free and fair elections or
that a broadly representative transitional government is in place and it is in the U.S. interest to provide such assistance. The withholding requirement does not apply to aid intended to support free and fair elections; anti-gang police and justice administration; disaster relief and recovery; and education, public health, food security, and other basic human needs. As in prior years, the act prohibits assistance for the armed forces of Haiti. The explanatory statement accompanying P.L. 117-328 urges the Secretary of State to use “every appropriate diplomatic tool to press for dialogue” among key stakeholders and to take “strong legal action” against those engaged in human rights abuses, corruption, and other illicit activities.76
The Administration has requested $291.5 million for Haiti in FY2024, with the largest increase in funding requested for International Narcotics Control and Law Enforcement (INCLE) to support the HNP and other justice sector actors. This prioritization of restoring security and justice coincides with the phase one activities outlined by the Global Fragility Act of 2019 (GFA; P.L. 116-94, Division J, Title V) plan for Haiti.
72
73 CRS In Focus IF10575, Global Human Rights: Security Forces Vetting (“Leahy Laws”), by Michael A. Weber. 74 See, as an example, GAO-23-105211, March 2023. 75 Other elements of U.S. policy cited in the act include building the long-term capacity of the government, civil Other elements of U.S. policy cited in the act include building the long-term capacity of the government, civil
society, and private sector to foster economic development in Haiti; fostering collaboration with the Haitian diaspora society, and private sector to foster economic development in Haiti; fostering collaboration with the Haitian diaspora
and the business community in Haiti; supporting and the business community in Haiti; supporting
anti-corruptionanticorruption, press freedom, and human rights protection, including , press freedom, and human rights protection, including
through the imposition of sanctions; restoring the natural resources of Haiti; promoting political stability and free and through the imposition of sanctions; restoring the natural resources of Haiti; promoting political stability and free and
fair elections; providing comprehensive reporting on the goals and progress of the Haitian government and the U.S. fair elections; providing comprehensive reporting on the goals and progress of the Haitian government and the U.S.
governmentgovernment
,; and promoting the participation of Haitian women and youth in U.S. assistance programs. and promoting the participation of Haitian women and youth in U.S. assistance programs.
7376 U.S. Department of State, Bureau of Western Hemisphere Affairs, “Haiti: Reports,” November 10, 2022, at U.S. Department of State, Bureau of Western Hemisphere Affairs, “Haiti: Reports,” November 10, 2022, at
https://www.state.gov/haiti-reports/. https://www.state.gov/haiti-reports/.
7477 State Department, Integrated Country Strategy; and State Department, The U.S. Strategy to Prevent Conflict and Promote Stability 10-Year Strategic Plan for Haiti.
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that a broadly representative transitional government is in place and it is in the U.S. interest to provide such assistance. The withholding requirement does not apply to aid intended to support free and fair elections; antigang police and justice administration; disaster relief and recovery; and education, public health, food security, and other basic human needs. As in prior years, the act prohibited assistance for the armed forces of Haiti. The explanatory statement accompanying P.L. 117-328 urged the Secretary of State to use “every appropriate diplomatic tool to press for dialogue” among key stakeholders and to take “strong legal action” against those engaged in human rights abuses, corruption, and other illicit activities.78 The State Department has allocated an estimated $204.9 million in foreign assistance to Haiti for FY2023 (see Table 1).
Over the last six years, U.S. foreign assistance to Haiti has ranged from a low of $180.3 million in FY2020 to $237.4 million in FY2022 (see Table 1). The Administration has requested $291.5 million for Haiti in FY2024, with the largest increase in funding requested under the International Narcotics Control and Law Enforcement (INCLE) foreign assistance account to support the HNP and other justice sector actors. This prioritization of restoring security and justice coincides with the phase one activities outlined by the P.L. 116-94GFA strategic plan for Haiti. State Department, Integrated Country Strategy. 75 White House, Budget of the U.S. Government, FY2023, p. 91. 76 “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Congressional Record, vol. 168, no. 198—book II (December 20, 2022), p. S9299.
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Table 1. U.S. Foreign Assistance to Haiti by Account: FY2018-FY2024
(appropriations in thousands of current U.S. dollars)
(appropriations in thousands of current U.S. dollars)
FY2023
FY2024
Account
FY2018
FY2019
FY2020
FY2021
FY2022
(RequestEstimate)
(Request)
DA
DA
32,000
32,000
51,000
51,000
51,000
51,000
52,000
52,000
59,000
59,000
111,00046,400
113,200
113,200
ESF
ESF
8,500
8,500
—
—
—
—
14,80
14,80
0a
20,50
20,50
0b
—7,000
—
—
FFP
FFP
3,244
3,244
11,719
11,719
7,996
7,996
3,110
3,110
—
—
—
—
—
—
GHP (State)
GHP (State)
99,386
99,386
103,011
103,011
78,765
78,765
99,822
99,822
103,081
103,081
100,000102,505
100,000
100,000
GHP
GHP
24,200
24,200
24,500
24,500
24,500
24,500
24,500
24,500
24,500
24,500
34,50030,000
33,000
33,000
(USAID)
(USAID)
INCLE
INCLE
12,000
12,000
15,000
15,000
18,000
18,000
13,000
13,000
30,300
30,300
2919,000 ,000
45,000
45,000
IMET
IMET
233
233
241
241
96
96
255
255
47
47
255—
255
255
FMF
FMF
5,000
5,000
—
—
—
—
—
—
—
—
—
—
—
—
Total
184,563
205,471
180,357
207,487a
237,428b
274,755204,905
291,455
Sources: U.S. Department of StateU.S. Department of State
, Congressional Budget Justification,Congressional Budget Justification,
Supplementary Tables-Foreign Supplementary Tables-Foreign
Operations, FY2020-FY2024Operations, FY2020-FY2024
and U.S. Department of State, FY2023 estimate data, August 2023..
Notes: DA = Development Assistance; ESF = Economic Support Fund; FFP = Food for Peace; GHP = Global DA = Development Assistance; ESF = Economic Support Fund; FFP = Food for Peace; GHP = Global
Health Programs; INCLE = International Narcotics Control and Law Enforcement; IMET = International Military Health Programs; INCLE = International Narcotics Control and Law Enforcement; IMET = International Military
Education and Training; FMF = Foreign Military Financing. Education and Training; FMF = Foreign Military Financing.
a. This sum includes $14.8 mil ion of ESF appropriated through the American Rescue Plan Act of 2021 (P.L. a. This sum includes $14.8 mil ion of ESF appropriated through the American Rescue Plan Act of 2021 (P.L.
117-2).
117-2).
b. This sum includes $15.0 mil ion of ESF appropriated through the Additional Ukraine Supplemental
b. This sum includes $15.0 mil ion of ESF appropriated through the Additional Ukraine Supplemental
Appropriations Act, 2022 (P.L. 117-128).
Appropriations Act, 2022 (P.L. 117-128).
78 “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Congressional Record, vol. 168, no. 198—book II (December 20, 2022), p. S9299.
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Humanitarian Assistance
The United States is the largest humanitarian donor
Humanitarian Assistance
The United States often provides additional humanitarian assistance to Haiti. USAID’s Bureau of to Haiti. USAID’s Bureau of
Humanitarian Assistance (BHA) provided more than $92.1 million in humanitarian assistance to Humanitarian Assistance (BHA) provided more than $92.1 million in humanitarian assistance to
Haiti in FY2021 and $79.2 million in FY2022. Of the total amount of humanitarian assistance Haiti in FY2021 and $79.2 million in FY2022. Of the total amount of humanitarian assistance
provided provided
over thoseover the past two fiscal years, $152.8 million represented emergency funding, much of two fiscal years, $152.8 million represented emergency funding, much of
which responded to humanitarian needs (i.e., concerns about food; health; water, sanitation, and which responded to humanitarian needs (i.e., concerns about food; health; water, sanitation, and
hygiene; and protection) exacerbated by an August 2021 earthquake that killed some 2,250 people hygiene; and protection) exacerbated by an August 2021 earthquake that killed some 2,250 people
and damaged 115,000 homes and other structures. and damaged 115,000 homes and other structures.
As the humanitarian situation in Haiti worsened, USAID sent a Disaster Assistance Response
As the humanitarian situation in Haiti worsened, USAID sent a Disaster Assistance Response
Team (DART) Team (DART)
team to the country in October 2022. The DART is coordinating the delivery of to the country in October 2022. The DART is coordinating the delivery of
relief supplies to a portion of the estimated 5.2 million Haitians in need of humanitarian relief supplies to a portion of the estimated 5.2 million Haitians in need of humanitarian
assistance.assistance.
77 Since October, USAID/BHA has helped transport 450 metric tons of relief supplies Since October, USAID/BHA has helped transport 450 metric tons of relief supplies
to help Haiti to help Haiti
respond to the cholera outbreak and redoubled efforts to help communities access clean water and prevent the spread of communicable diseases. BHA and other partners have scaled up programs to address food insecurity and the protection needs of the estimated 1.9 million Haitians most vulnerable to GBV and gang violencerespond to the cholera outbreak. Total USAID humanitarian funding for Haiti in . Total USAID humanitarian funding for Haiti in
FY2023 stood at $FY2023 stood at $
56.5112.6 million as of million as of
MayAugust 2023. 2023.
79
U.S. agencies also helped Haiti respond to the COVID-19 pandemic and related health needs. The
U.S. agencies also helped Haiti respond to the COVID-19 pandemic and related health needs. The
United States has donated nearly 1.1 million COVID-19 vaccines to Haiti.United States has donated nearly 1.1 million COVID-19 vaccines to Haiti.
78 In FY2022, USAID
77 USAID, “Haiti-Complex Emergency,” Fact Sheet #4, FY2023, May 3, 2023. 78 U.S. Department of State, “COVID-19 Vaccine Distribution,” at https://www.state.gov/countries-areas/haiti/#covid_map_link.
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80 As of August 11, 2023, 3.1% of Haiti’s population had completed the COVID-19 vaccination schedule.81 In FY2022, USAID provided $51.3 million to help Haiti address the health and humanitarian impacts of COVID-19.provided $51.3 million to help Haiti address the health and humanitarian impacts of COVID-19.
79 82 In December 2022, DOD deployed the U.S. Naval ShipIn December 2022, DOD deployed the U.S. Naval Ship
Comfort to deliver medical care to to deliver medical care to
Haitians as part of a Haitians as part of a
multi-countrymulticountry deployment. deployment.
Global Fragility Act Implementation
The 116th Congress enacted the GFA, which directed the executive branch to develop a 10-year
The 116th Congress enacted the GFA, which directed the executive branch to develop a 10-year
strategy to prevent conflict globally and stabilize conflict-affected areas. It also directed the strategy to prevent conflict globally and stabilize conflict-affected areas. It also directed the
executive branch to select priority countries or regions to execute such efforts through 10-year executive branch to select priority countries or regions to execute such efforts through 10-year
plans. In April 2022, the Biden Administration announced one region and four priority countries plans. In April 2022, the Biden Administration announced one region and four priority countries
for GFA implementation; Haiti was among them. The GFA also authorized three distinct funds: for GFA implementation; Haiti was among them. The GFA also authorized three distinct funds:
the Prevention and Stabilization Fund (PSF), the Complex Crisis Fund (CCF), and the Multi-the Prevention and Stabilization Fund (PSF), the Complex Crisis Fund (CCF), and the Multi-
Donor Global Fragility Fund. Donor Global Fragility Fund.
These funds support the updated Global Fragility Strategy put forth by the Biden Administration and country implementation plans, summaries of which the Administration released in March 2023.80 Haiti received a total of $15 million in FY2021 PSF resources to carry out activities in support of the GFA, including the development of the country strategy.81
Some Members of Congress have debated whether Haiti should receive some types of GFA-related funding. This debate may reflect, in part, the absence of viable government entities with whom to execute the GFA country plan (§505(a)). For example, the explanatory statement accompanying the Senate-introduced version of the FY2023 Department of State, Foreign Operations, and Related Programs Appropriations measure, S. 4662, would have directed that PSF assistance not be made available for Haiti. That provision was not included in the final legislation or explanatory statement. In March 2023, the Biden Administration released a 10-year plan for Haiti, as mandated by the GFA. According to a summary of the plan, the U.S.-interagency seeks to help “Haiti’s citizens and government advance a shared vision and a permissive environment for long-term stability.” It prioritizes security and justice sector sectors first, then broadens to focus on economic and development goals, as well as civil society strengthening.83
79 USAID, “Haiti-Complex Emergency,” Fact Sheet #6, FY2023, August 9, 2023. 80 U.S. Department of State, “COVID-19 Vaccine Distribution,” at https://www.state.gov/countries-areas/haiti/#covid_map_link.
81 Pan American Health Organization, “COVID-19 Vaccination in the Americas,” https://ais.paho.org/imm/IM_DosisAdmin-Vacunacion.asp, accessed August 8, 2023.
82 USAID, “COVID-19: Latin America and the Caribbean,” Fact Sheet #6, FY2022, September 30, 2022. 83 U.S. Department of State, The U.S. Strategy to Prevent Conflict and Promote Stability 10-Year Strategic Plan for Haiti, March 24, 2023.
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Haiti received a total of $15 million in FY2021 PSF resources to carry out activities in support of the GFA, including the development of the country strategy.84
Donor Coordination
The United States is the leading bilateral donor in Haiti, and Congress has encouraged U.S.
The United States is the leading bilateral donor in Haiti, and Congress has encouraged U.S.
executive agencies to coordinate foreign assistance priorities with key countries and international executive agencies to coordinate foreign assistance priorities with key countries and international
organizations represented in Haiti. Active since 2004, the “Core Group” has shaped international organizations represented in Haiti. Active since 2004, the “Core Group” has shaped international
responses to key events in Haiti, as when it called on Henry to form a “consensual and inclusive responses to key events in Haiti, as when it called on Henry to form a “consensual and inclusive
government” in July 2021.government” in July 2021.
8285 In addition to the U.S. Ambassador, the Core Group comprises the In addition to the U.S. Ambassador, the Core Group comprises the
Special Representative of the U.N. Secretary-General; the Ambassadors of Brazil, Canada, Special Representative of the U.N. Secretary-General; the Ambassadors of Brazil, Canada,
France, Germany, Spain, and the European Union (EU); and the Special Representative of the France, Germany, Spain, and the European Union (EU); and the Special Representative of the
Organization of American States. Organization of American States.
Many members of the Core Group (including the EU, Spain, and France) have expressed interest
Many members of the Core Group (including the EU, Spain, and France) have expressed interest
in contributing to a in contributing to a
multi-donormultidonor basket fund on security that aims to support the long-term basket fund on security that aims to support the long-term
development of the HNP; Canada and the U.N. Development Program (UNDP) administer the development of the HNP; Canada and the U.N. Development Program (UNDP) administer the
fund. UNDP estimated the fund needs at least $28 million over two years to achieve its aims. fund. UNDP estimated the fund needs at least $28 million over two years to achieve its aims.
As of February 2023, the U.S. government had donated $3 million and Canada had donated C$10 million (about $7.4 million); total donations stood at $19 million83
79 USAID, “COVID-19: Latin America and the Caribbean,” Fact Sheet #6, FY2022, September 30, 2022. 80 U.S. Department of State, The U.S. Strategy to Prevent Conflict and Promote Stability 10-Year Strategic Plan for
Haiti, March 24, 2023.
81 Email from State Department official, May 30, 2023. 82 BINUH, “Core Group Press Release,” July 17, 2021. 83 U.S. Department of State, “United States and Canada Joint Statement on Support for the Haiti Security Basket Fund,” September 23, 2022; Global Affairs Canada, “Canada-Haiti Relations,” February 15, 2023.
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According to BINUH, donations stood at roughly $17.7 million in June 2023.86
In October 2022, the U.S. and Canadian governments accelerated the delivery of armored
In October 2022, the U.S. and Canadian governments accelerated the delivery of armored
vehicles and other tactical equipment purchased by the Haitian government for the HNP.vehicles and other tactical equipment purchased by the Haitian government for the HNP.
8487 In In
March 2023, Canada pledged to provide C$100 million (about $74 million) in additional aid for March 2023, Canada pledged to provide C$100 million (about $74 million) in additional aid for
the HNP.the HNP.
8588
Trade Preferences86Preferences89
Congress has extended unilateral trade preferences to Haiti through several trade preferences Congress has extended unilateral trade preferences to Haiti through several trade preferences
programs enacted since 1975. The Caribbean Basin Economic Recovery Act (P.L. 98-67, programs enacted since 1975. The Caribbean Basin Economic Recovery Act (P.L. 98-67,
subsequently amended, with no expiration), for example, provides limited duty-free entry of subsequently amended, with no expiration), for example, provides limited duty-free entry of
selected Caribbean products as a core element of the U.S. foreign economic policy response to selected Caribbean products as a core element of the U.S. foreign economic policy response to
uncertain economic and political conditions in the region. The current Haiti-specific uncertain economic and political conditions in the region. The current Haiti-specific
preference program, which expires in 2025, providespreferences, which expire in 2025, provide unilateral preferences to the country’s apparel sector. unilateral preferences to the country’s apparel sector.
87 90 The value The value
of U.S. imports from Haitiof imports entering under Caribbean preference programs increased from $25 million entering under Caribbean preference programs increased from $25 million
in 2000 to $253.3 million in 2022, an increase of over 900%.in 2000 to $253.3 million in 2022, an increase of over 900%.
8891 Those imports accounted for about Those imports accounted for about
31.9% of total U.S. merchandise imports from Haiti. Over 90% of U.S. imports from Haiti in 31.9% of total U.S. merchandise imports from Haiti. Over 90% of U.S. imports from Haiti in
2022 consisted of apparel items or clothing2022 consisted of apparel items or clothing
:; knitted or crocheted apparel imports totaled $807.0 knitted or crocheted apparel imports totaled $807.0
million, while other apparel items or clothing totaled $155.0 million. million, while other apparel items or clothing totaled $155.0 million.
84 Email from State Department official, May 30, 2023. 85 BINUH, “Core Group Press Release,” July 17, 2021. 86 BINUH, Report of the Secretary General, July 3, 2023. 87 Reuters, “U.S., Canada Deliver Armored Vehicles to Haitian Police to Fight Gangs,” October 15, 2022. 88 White House, “Remarks by President Biden and Prime Minister Trudeau of Canada in Joint Press Conference,” March 24, 2023.
89 For additional information, see CRS Report R47432, Caribbean Trade Preference Programs, by Liana Wong and M. Angeles Villarreal.
90 For a description of how the Haiti-specific preference programs have evolved and have affected Haitian exports and Haitian workers, see U.S. International Trade Commission, U.S.-Haiti Trade: Impact of U.S. Preference Programs on Haiti’s Economy and Workers, December 2022. 91 Compiled by CRS using data from U.S. International Trade Commission DataWeb.
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The Haiti Economic Lift Program Extension Act of 2023 (S. 552), introduced in the Senate in
The Haiti Economic Lift Program Extension Act of 2023 (S. 552), introduced in the Senate in
February 2023, would renew U.S. trade preferences for Haiti through 2035. February 2023, would renew U.S. trade preferences for Haiti through 2035.
In the House, H.R. 5035, introduced in July 2023, would modify and extend trade preferences for Haiti under the Caribbean Basin Economic Recovery Act.
Sanctions: U.S. and Multilateral
In 2020, as part of its policy toward Haiti, the U.S. government began to impose sanctions against In 2020, as part of its policy toward Haiti, the U.S. government began to impose sanctions against
those responsible for significant human rights abuses, corruption, and drug trafficking. In those responsible for significant human rights abuses, corruption, and drug trafficking. In
December 2020, pursuant to Executive Order (E.O.) 13818, which built upon and expanded the December 2020, pursuant to Executive Order (E.O.) 13818, which built upon and expanded the
Global Magnitsky Human Rights Accountability Act (P.L. 114-328), Global Magnitsky Human Rights Accountability Act (P.L. 114-328),
the U.S. Department of the U.S. Department of the
Treasury imposed asset blocking and visa restrictions on Chérizier (the gang leader and former Treasury imposed asset blocking and visa restrictions on Chérizier (the gang leader and former
HNP officer) and two former Moïse officials for involvement in the La Saline massacre.HNP officer) and two former Moïse officials for involvement in the La Saline massacre.
89
The United States has expanded targeted sanctions on current and former Haitian officials since autumn 2022.92
Since fall 2022, the U.S. Treasury and State Departments have publicly imposed financial sanctions and/or visa restrictions on seven current or former Haitian officials and their families for corruption, drug trafficking, and/or human rights violations.93 In November 2022, the U.S. Department of the Treasury imposed sanctions In November 2022, the U.S. Department of the Treasury imposed sanctions
pursuant to E.O. 14059 on Joseph Lambert, then-president of the Haitian senate, and former pursuant to E.O. 14059 on Joseph Lambert, then-president of the Haitian senate, and former
Senator Youri Latortue for involvement in drug trafficking.Senator Youri Latortue for involvement in drug trafficking.
90 Treasury imposed the same
84 Reuters, “U.S., Canada Deliver Armored Vehicles to Haitian Police to Fight Gangs,” October 15, 2022. 85 White House, “Remarks by President Biden and Prime Minister Trudeau of Canada in Joint Press Conference,” March 24, 2023.
86 For additional information, see CRS Report R47432, Caribbean Trade Preference Programs, by Liana Wong and M. Angeles Villarreal.
87 For a description of how the Haiti-specific preference programs have evolved and have affected Haitian exports and Haitian workers, see U.S. International Trade Commission, U.S.-Haiti Trade: Impact of U.S. Preference Programs on
Haiti’s Economy and Workers, December 2022. 88 Compiled by CRS using data from U.S. International Trade Commission DataWeb. 89 Treasury imposed the same sanctions on then-Senator Rony Celestin and former Senator Herve Fourcand in December 2022. In April 2023, the Department of the Treasury sanctioned Gary Bodeu, former head of Haiti’s Chamber of Deputies, for corruption. Pursuant to Section 7031(c) of P.L. 117-103, Division K, the State Department imposed visa restrictions on then-Senator Lambert for corruption and involvement in a gross violation of human rights. The State Department also imposed visa restrictions on former Haitian Customs Director Rommel Bell and then-Senator Celestin for corruption. In June 2023, the State Department sanctioned Laurent Lamothe, former prime minister under President Martelly, for corruption. Those subject to recent public sanctions represent a range of political parties. The U.S. State Department has privately revoked the visas of dozens of officials and their families.
The United States has encouraged other international partners and the U.N. to sanction the financial backers of Haitian gangs, recognizing that targeted sanctions imposed in a multilateral manner may have a better chance of affecting change than unilateral sanctions.94 U.S. sanctions have been closely coordinated with those announced by the Government of Canada, which also imposed sanctions on former President Martelly for drug trafficking—a move U.S. officials have “welcomed.”95 In October 2022, the U.N. Security Council unanimously approved Resolution
92 E.O. 13818, “Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption,” December E.O. 13818, “Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption,” December
20, 2017; U.S. Department of the Treasury, “Treasury Sanctions Serious Human Rights Abusers on International 20, 2017; U.S. Department of the Treasury, “Treasury Sanctions Serious Human Rights Abusers on International
Human Rights Day,” December 10, 2020. Human Rights Day,” December 10, 2020.
9093 Sources for this paragraph include E.O. 14059, “Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,” December 15, 2021; E.O. 14059, “Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,” December 15, 2021;
U.S. Department of the Treasury, “Treasury Sanctions Corrupt Haitian Politicians for Narcotics Trafficking,” U.S. Department of the Treasury, “Treasury Sanctions Corrupt Haitian Politicians for Narcotics Trafficking,”
November 4, 2022.
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sanctions on Senator Rony Celestin and former Senator Richard Lenine in December 2022.91 In April 2023, the Treasury Department sanctioned Gary Bodeu, former headNovember 4, 2022; U.S. Department of the Treasury, “U.S. Sanctions Additional Corrupt Haitian Politicians for Drug Trafficking,” December 2, 2022; U.S. Department of State, “Treasury Sanctions Former President of Haiti’s Chamber of of Haiti’s Chamber of
Deputies, for corruption.92 Pursuant to Section 7031(c) of P.L. 117-103, Division K, the State Department imposed visa restrictions on Senator Lambert for corruption and involvement in a gross violation of human rights.93 The State Department also imposed visa restrictions on former Haitian Customs Director Rommel Bell and Senator Celestin for corruption.94 In June 2023, Secretary of State Blinked announced visa restrictions on Laurent Salvador Lamothe, former prime minister and minister of planning and external cooperation for Michel Martelly, for significant corruption.95 Those subject to recent public sanctions represent a range of political parties. Dozens of officials and their families have privately had their visas revoked.
The United States has encouraged other international partners and the U.N. to sanction the financial backers of Haitian gangs, recognizing that targeted sanctions imposed in a multilateral manner may have a better chance of affecting change than unilateral sanctions.96 U.S. sanctions have been closely coordinated with those announced by the Government of Canada, which also imposed sanctions on former President Martelly for drug trafficking—a move U.S. officials have “welcomed.”97 In October 2022, the U.N. Security Council unanimously approved Resolution 2653 imposing sanctions on Jimmy Chérizier for “engaging in acts that threaten the peace, security, and stability of Haiti.”98Deputies,” April 5, 2023; U.S. Department of State, Antony J. Blinken, Secretary of State, “Designation of Haitian Senate President, Joseph Lambert, for Involvement in Significant Corruption and a Gross Violation of Human Rights,” December 4, 2022; U.S. Department of State, “Combating Global Corruption and Human Rights Abuses,” December 9, 2022; The State Department, Antony J. Blinken, Secretary of State, “Designation of Laurent Salvador Lamothe—Former Haitian Prime Minister and Minister of Planning and External Cooperation—for Involvement in Significant Corruption,” June 2, 2023.
94 U.S. Department of the Treasury, Treasury 2021 Sanctions Review, October 2021. 95 Government of Canada, “Sanctions: Grave Breach of International Peace and Security in Haiti,” updated December (continued...)
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2653 imposing sanctions on Jimmy Chérizier.96 The Security Council named a panel of experts to recommend The Security Council named a panel of experts to recommend
further individuals and entities to be subject to travel bans, asset seizures, and an arms embargo. further individuals and entities to be subject to travel bans, asset seizures, and an arms embargo.
The House and Senate are consideringIn July 2023, the EU created a mechanism to impose such sanctions on Haitians.
Congress is considering legislation that would require reporting from the State Department and potential sanctions on Haitians who back criminal gangs. In July 2023, the House passed an amended version of the Haiti Criminal Collusion Transparency Act of 2023 the Haiti Criminal Collusion Transparency Act of 2023
(H.R. 1684(H.R. 1684
/S. 396), aimed at identifying and penalizing ties between Haitian political and ), aimed at identifying and penalizing ties between Haitian political and
economic elites and criminal gangs. economic elites and criminal gangs.
The Senate Foreign Relations Committee reported a companion bill, S. 396, in May 2023. The The bills would require the Secretary of State, in bills would require the Secretary of State, in
coordination with the intelligence community, to produce an unclassified annual report, which coordination with the intelligence community, to produce an unclassified annual report, which
may have a classified annex, to specific congressional committees identifying Haitian political may have a classified annex, to specific congressional committees identifying Haitian political
and economic elites tied to gangsand economic elites tied to gangs
, among other topics. They also would require the . They also would require the
Secretary of StatePresident to impose visa to impose visa
restrictions and sanctions on those individuals pursuant to Section 7031(c) of annual Department restrictions and sanctions on those individuals pursuant to Section 7031(c) of annual Department
of State, Foreign Operations, and Related Programs Appropriations legislation, Section 1263 of of State, Foreign Operations, and Related Programs Appropriations legislation, Section 1263 of
the Global Magnitsky Human Rights Accountability Act (Title XII, Subtitle F of P.L. 114-328), or the Global Magnitsky Human Rights Accountability Act (Title XII, Subtitle F of P.L. 114-328), or
any other legal provision. The President could waive those sanctions requirements if the any other legal provision. The President could waive those sanctions requirements if the
Secretary of StatePresident certifies that said waiver is in the U.S. national interest or is necessary for the delivery of certifies that said waiver is in the U.S. national interest or is necessary for the delivery of
humanitarian or related assistance. humanitarian or related assistance.
91 U.S. Department of the Treasury, “U.S. Sanctions Additional Corrupt Haitian Politicians for Drug Trafficking,” December 2, 2022.
92 U.S. Department of State, “Treasury Sanctions Former President of Haiti’s Chamber of Deputies,” April 5, 2023. 93 U.S. Department of State, Antony J. Blinken, Secretary of State, “Designation of Haitian Senate President, Joseph Lambert, for Involvement in Significant Corruption and a Gross Violation of Human Rights,” December 4, 2022.
94 U.S. Department of State, “Combating Global Corruption and Human Rights Abuses,” December 9, 2022. 95 The State Department asserts that LaMothe misappropriated some $60 million in PetroCaribe funds provided to Haiti by the Venezuelan government, The State Department, Anthony J. Blinken, Secretary of State, “Designation of Laurent Salvador Lamothe – Former Haitian Prime Minister and Minister of Planning and External Cooperation – for Involvement in Significant Corruption,” June 2, 2023.
96 U.S. Department of the Treasury, Treasury 2021 Sanctions Review, October 2021. 97 Government of Canada, “Sanctions: Grave Breach of International Peace and Security in Haiti,” updated December
U.S. Department of Justice Cooperation The U.S. Department of Justice (DOJ) has obtained one indictment in the Moïse assassination, assisted Haitian officials investigating the assassination, and pursued cases involving those complicit in arms trafficking, gang violence, and drug trafficking in and through Haiti. In November 2022, DOJ indicted seven leaders of five Haitian gangs, including additional individuals involved in kidnappings of U.S. missionaries that took place in 2021.97 DHS has established a vetted Transnational Criminal Investigative Unit within the HNP to work with U.S. prosecutors on cases affecting both countries, including the trafficking of arms, drugs, and people.
Weapons and Drug Trafficking In March 2023, the U.N. Office on Drugs and Crime issued a report on how illicit drug and weapons trafficking have exacerbated gang-related violence in Haiti. The report includes recommendations for national, regional, and international responses to address illicit trafficking, strengthen port security, reinforce the capabilities of the HNP, and promote stability in Haiti.98
The State Department’s International Narcotics Control Strategy Report (INCSR), issued in March 2023, asserts that continuing instability, a weak justice system, corruption, and the HNP’s inability to patrol the country’s extensive borders have kept drug seizures low and inhibited bilateral antidrug efforts. Haiti’s porous border with the Dominican Republic and corruption in the Haitian customs authority have enabled gangs to obtain illicit arms.
19, 2022, at https://www.international.gc.ca/campaign-campagne/haiti-sanction/index.aspx?lang=eng; Jacqueline 19, 2022, at https://www.international.gc.ca/campaign-campagne/haiti-sanction/index.aspx?lang=eng; Jacqueline
Charles and Michael Wilner, “Canada Sanctions Former Haiti President Michel Martelly, Two Former Prime Charles and Michael Wilner, “Canada Sanctions Former Haiti President Michel Martelly, Two Former Prime
Ministers,” Ministers,”
Miami Herald, November 21, 2022. , November 21, 2022.
9896 U.N. Security Council, “Security Council Committee Established Pursuant to Resolution 2653 (2022) Concerning U.N. Security Council, “Security Council Committee Established Pursuant to Resolution 2653 (2022) Concerning
Haiti,” at https://www.un.org/securitycouncil/sanctions/2653. Haiti,” at https://www.un.org/securitycouncil/sanctions/2653.
97 U.S. Department of Justice, “Criminal Charges Unsealed Against Gang Leaders for Kidnappings of U.S. Citizens,” November 7, 2020.
98 U.N. Office on Drugs and Crime, Haiti’s Criminal Markets: Mapping Trends in Firearms and Drug Trafficking, March 2023.
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Indictments
The U.S. Department of Justice (DOJ) has assisted Haitian officials investigating the Moïse assassination and selected cases involving those complicit in arms trafficking, gang violence, and drug trafficking in and through Haiti. DOJ has secured the extradition of two individuals allegedly complicit in Moïse’s assassination, as well as a gang leader responsible for the 2021 kidnapping of U.S. missionaries. In November 2022, DOJ indicted seven leaders of five Haitian gangs, including additional individuals involved in the 2021 missionary kidnappings.99
Migration Issues
Migration issues continueU.S. agencies have taken some steps to combat illicit trafficking to Haiti. In August 2022, the U.S. Department of Homeland Security (DHS) Homeland Security Investigations office in Miami, FL, announced new initiatives to counter reported spikes in arms trafficking to Haiti.99 In December 2022, the State Department sanctioned Rommel Bell, former customs director in Haiti, for corruption after Haiti’s anticorruption unit launched an investigation into Bell’s alleged participation in arms trafficking.100 U.S. law enforcement agencies are also supporting a new CARICOM Crime Gun Intelligence Unit in Trinidad that is to investigate regional arms trafficking cases alongside national officials.101
Migration Issues Stemming irregular migration to the United States continues to be a high priority for U.S. policy and Congress. U.S. government to be a high priority for U.S. policy and Congress. U.S. government
apprehensions of Haitian migrants have risen notably, both at sea and on the U.S. Southwest apprehensions of Haitian migrants have risen notably, both at sea and on the U.S. Southwest
border. border.
In FY2022During the first nine months of FY2023, U.S. Customs and Border Protection (CBP) encountered , U.S. Customs and Border Protection (CBP) encountered
roughly 53,910 Haitians on the Southwest border, up from 47,255 encountered in FY2021.100 Many105,369 Haitians, up from 56,596 Haitians encountered in all of FY2022.102 Some of those of those
Haitians had resided in third countries (particularly Brazil and Chile) since the 2010 earthquake Haitians had resided in third countries (particularly Brazil and Chile) since the 2010 earthquake
and had few ties to Haiti.101 CBP placed a majority of those individuals (77%) into Title 8 removal proceedings under immigration code, and many were released into the United States to await their immigration court proceedings. CBP expelled the other 22% of Haitians from the United States under Title 42 of the U.S. Code.102 In FY2022, the Coast Guard interdicted more than 7,175 Haitian migrants, compared with 1,527 Haitian migrants in FY2021.103and had few ties to Haiti.103 From October 2022 to mid-July 2023, U.S. Coast Guard-reported interdictions and/or encounters of Haitian migrants totaled roughly 5,100.104
On January 5, 2023, DHS announced the expansion of a set of new immigration policies to
On January 5, 2023, DHS announced the expansion of a set of new immigration policies to
Haitians, Nicaraguans, and Cubans, which started in October 2022 for Venezuelans.Haitians, Nicaraguans, and Cubans, which started in October 2022 for Venezuelans.
104105 Haitians Haitians
who have a U.S. sponsor can apply for immigration parole and fly directly into the United States who have a U.S. sponsor can apply for immigration parole and fly directly into the United States
after U.S. vetting. after U.S. vetting.
As of April 2023, some 580,000 Haitians had reportedly applied for the program (of some 1.5 million applicants from the four countries), overwhelming the program’s pledge to accept a monthly aggregate of 30,000 parolees from the four countries.105
In contrast, Haitians apprehended crossing the U.S. Southwest border between ports of entry were subject to the public health-related Title 42 policy until it ended on May 11, 2023. Title 42 allowed DHS to expel migrants back to Mexico (in coordination with the government of Mexico). Following the end of Title 42, Haitians encountered by DHS are likely to be deemed ineligible for
99 U.S. Department of Justice, “Criminal Charges Unsealed Against Gang Leaders for Kidnappings of U.S. Citizens,” November 7, 2020.
100 U.S. Customs and Border Protection, “Nationwide Encounters,” calculated by CRS using data available at In April 2023, DHS added another requirement for participation in the program making any Haitian interdicted at sea after April 27 ineligible for the parole program.106 As of June 2023, some 63,000 Haitians had been vetted, and 50,000 had arrived in the United States under the program, with demand far outpacing the program’s 30,000 aggregate monthly cap for parolees accepted from all four countries.107
99 U.S. Department of Homeland Security, “Homeland Security Investigations (HSI) Announces Crackdown on Firearms, Ammunition Smuggling to Haiti, the Caribbean,” August 19, 2022.
100 U.S. Department of State, “Combating Global Corruption and Human Rights Abuses,” December 2, 2022; Jacqueline Charles, “U.S. Sanctions More Haitians, Including the Relatives of People Accused of Corruption,” Miami Herald, December 11, 2022.
101 U.S. Embassy in Trinidad and Tobago, “Launch of CARICOM Crime Gun Intelligence Unit (CCGIU),” November 17, 2022, https://tt.usembassy.gov/launch-of-caricom-crime-gun-intelligence-unit-ccgiu/.
102 U.S. Customs and Border Protection, “Nationwide Encounters,” https://www.cbp.gov/newsroom/stats/nationwide-https://www.cbp.gov/newsroom/stats/nationwide-
encounters.
103encounters. Nearly 46% of migrants were encountered at ports of entry and 53% between ports of entry.
101 Caitlyn Yates, Caitlyn Yates,
Haitian Migration Through the Americas: A Decade in the Making, Migration Information Source, , Migration Information Source,
September 30, 2021. September 30, 2021.
102 Title 42 was a public health measure invoked in March 2020 during the COVID-19 pandemic by the Centers for Disease Control and Prevention that enabled U.S. authorities to restrict entry into the United States of foreign nationals lacking “proper travel documents” to help prevent the spread of disease. On May 11, 2023, the federal COVID-19 public health emergency declaration expired and the Biden Administration ended the use of Title 42.
103 Skyler Shepard, “Coast Guard Repatriates 180 People to Haiti, 46 Children,” CBS12, November 25, 2022. 104 Department of Homeland Security (DHS), “DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and Eliminates Cap for Venezuelans,” January 6, 2022. 105104 United States Coast Guard News, “Coast Guard Repatriates 143 People to Haiti, Cuba,” July 18, 2023. 105 Department of Homeland Security (DHS), “DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and Eliminates Cap for Venezuelans,” January 6, 2022. 106 “DHS, “Implementation of a Change to the Parole Process for Haitians,” 88 FR 26327 Federal Register 26327-26329, April 28, 2023.
107 DHS, “Fact Sheet: Data from First Six Months of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans Shows That Lawful Pathways Work,” July 25, 2023; Camilo Montoya-Galvez, “1.5 Million Apply for U.S. Migrant Sponsorship Program with 30,000 Monthly Cap,” Camilo Montoya-Galvez, “1.5 Million Apply for U.S. Migrant Sponsorship Program with 30,000 Monthly Cap,”
CBS NewsCBS News
, May 22, 2023. May 22, 2023.
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In contrast, Haitians apprehended crossing the U.S. Southwest border between ports of entry were subject to the public health-related Title 42 policy until it ended on May 11, 2023.108 Title 42 allowed DHS to expel migrants back to Mexico (in coordination with the government of Mexico). Following the end of Title 42, some Haitians encountered by DHS have been deemed ineligible for asylum, deported to Mexico under Title 8 expedited removal procedures, and banned from reentry asylum, deported to Mexico under Title 8 expedited removal procedures, and banned from reentry
for at least five years.for at least five years.
106109
The United States also has taken steps to provide
The United States also has taken steps to provide
other legal migration and protection pathways for legal migration and protection pathways for
some Haitians. Some 155,000 Haitians may be eligible for relief from removal under the some Haitians. Some 155,000 Haitians may be eligible for relief from removal under the
Temporary Protected Status (TPS) designation announced in May 2021, and Temporary Protected Status (TPS) designation announced in May 2021, and
an estimated 105,100 additional Haitians additional Haitians
are eligible under the extension announced in December 2022.are eligible under the extension announced in December 2022.
107 In July 2022110 In August 2023, the Biden , the Biden
Administration said it would resume the Haitian Family Reunification Parole Program, allowing Administration announced a modernized Haitian Family Reunification Parole Program. As in the past, the program will allow certain U.S. citizens and legal permanent residents to seek parole for family members in Haiticertain U.S. citizens and legal permanent residents to seek parole for family members in Haiti
. (or other countries); most of the process can now be completed online.111
Outlook
The 118th Congress has maintained a keen interest in developments in Haiti, as deteriorating The 118th Congress has maintained a keen interest in developments in Haiti, as deteriorating
security and humanitarian conditions in Haiti intersect with a broad range of U.S. interests and security and humanitarian conditions in Haiti intersect with a broad range of U.S. interests and
policy responses. policy responses.
As noted earlierAmong other actions, Congress has directly engaged with U.S. policy approaches , Congress has directly engaged with U.S. policy approaches
toward Haiti in relation to foreign assistance, trade preferences, sanctions policy, and migration. toward Haiti in relation to foreign assistance, trade preferences, sanctions policy, and migration.
Should the current crisis in Haiti continue, Congress may Should the current crisis in Haiti continue, Congress may
choose to considerfund, oversee, and assess new and assess new
policy approaches to address the situation in Haiti, including the potential policy approaches to address the situation in Haiti, including the potential
for U.S.-backed international intervention, or other new engagements in Haiti.
deployment of a U.S.-backed, Kenya-led multinational security force to the country.
Author Information
Clare Ribando Seelke Clare Ribando Seelke
Karla I. Rios
Karla I. Rios
Specialist in Latin American Affairs
Specialist in Latin American Affairs
Analyst in Latin American Affairs
Analyst in Latin American Affairs
Acknowledgments
This report draws from the
This report draws from the
past work of Maureen Taft-Morales,work of former CRS Specialist in Latin American Affairs Specialist in Latin American Affairs
.
106 Maureen Taft-Morales.
108 CRS Report R47343, U.S. Border Patrol Apprehensions and Title 42 Expulsions at the Southwest Border: Fact Sheet, by Audrey Singer and Sylvia L. Bryan.
109 CRS Insight IN12159, CRS Insight IN12159,
Post-Title 42: U.S. Foreign Policy Initiatives to Manage Regional Migration, by Clare Ribando Seelke, Peter J. Meyer, and Ramon Miro.
107. 110 See CRS Report RS20844, See CRS Report RS20844,
Temporary Protected Status and Deferred Enforced Departure, by Jill H. Wilson. , by Jill H. Wilson.
111 DHS, “DHS Modernizes Cuban and Haitian Family Reunification Parole Processes,” August 10, 2023.
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This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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