ECOSOC REPORT

REPORT OF THE ECOSOC AD HOC ADVISORY GROUP ON HAITI

(ADVANCE UNEDITED VERSION E/2011/…… July 2011 Original: English/French)

Substantive session of 2011
Geneva, 4 – 29 July 2011
Item 7 (d) of the provisional agenda
Coordination, programme and other questions:
Long-term programme of support for Haiti

* 1 The report is submitted late in order to reflect on the visit of the Ad Hoc Advisory Group to Haiti from 15 to 18 June 2011.

SUMMARY

This report, which is based on the visit of the Ad Hoc Advisory Group to Haiti in June 2011 and on the Group‟s meetings with Haiti‟s development partners, presents progress made in the recovery process of the country and the challenges that continue to hinder it, mainly linked to the absence of clear authorities. In light of the complexity of the situation on the ground, including the number of actors involved, both national and international, the Group could not provide an extensive overview of the activities carried out and has framed the main points related to aid effectiveness and development policy options that can strengthen recovery and reconstruction and build a highly needed long term economic and reconstruction plan for the country. The report concludes with recommendations addressed to the Haitian authorities and their development partners.


I. INTRODUCTION

This is the seventh annual report presented to the Economic and Social Council substantive session by the Ad Hoc Advisory Group on Haiti since its reactivation in 2004. At that time, following a request made by the Government of Haiti, the Council decided by its resolution 2004/52 to reactivate the Group, which was established in 1999 to help coordinate the development of a long-term programme of support to the country.

MANDATE AND COMPOSITION OF THE GROUP

In accordance with Council decisions 2004/322, 2009/211 and 2009/267, the Group is composed of the Permanent Representatives of Benin, Brazil, Canada, Chile, El Salvador, Haiti, Peru, Spain and Trinidad and Tobago to the United Nations. In addition, in 2011, following the request by the Bahamas, France and the United States of America to join the Group2, the Council decided to appoint the Permanent Representatives of the Bahamas and France to the United Nations and the Permanent Representative of the United States of America to the United Nations Economic and Social Council as additional members of the Group (decisions 2011/… ). Since its first meeting, on 23 November 2004, the Group has been chaired by the Permanent Representative of Canada to the United Nations. As stipulated in decision 2004/322, the President of the Economic and Social Council and the Special Representative of the Secretary-General for Haiti are invited to take part in the Group‟s meetings.

In its resolution 2010/28, the Economic and Social Council decided to extend the mandate of the Ad Hoc Advisory Group on Haiti until its substantive session of 2012 with a view to “closely following and providing advice on Haiti‟s long-term development strategy to promote post-disaster socio-economic recovery, stability and reconstruction, with particular attention to the need to ensure coherence and sustainability in international support for Haiti, based on the long-term national development priorities, as contained in the Government‟s Action Plan for the Reconstruction and National Development of Haiti, and stressing the need to avoid overlap and duplication with respect to existing mechanisms”. The Council also requested that the Group report on its activities in support of the recovery, reconstruction and development of the country, with recommendations, as appropriate, to the Economic and Social Council for its consideration at its organizational and substantive sessions of 2011.

OUTLINE OF THE GROUP'S ACTIVITIES

While most of the conclusions in this report are based on the visit of the Group to Haiti from 15 to 18 June 2011, the Group‟s preliminary meetings with international NGOs, Interim Haiti Recovery Commission (IHCR) staff and Resident Coordinator Nigel Fisher, also facilitated the establishment of the foundation of this document. The political context delayed timing of the visit and affected opportunities for interactions with national authorities. It is worth noting that since the last visit, many developments occurred in Haiti. On the reconstruction side, the Interim Haiti Recovery Commission had its first meeting during the Group‟s 2010 visit and since then has met on several occasions, approving numerous projects in various areas. The Haiti Reconstruction Fund, managed by the World Bank, was also set up.

However, most of the reconstruction and recovery efforts were overshadowed by the political and electoral situation, creating concerns over the stability of the country. While the first democratic and peaceful transfer of power between two elected presidents in the history of Haiti has to be recognised and praised, uncertainties around the process remain a hindrance to the country‟s deeply needed recovery. At time of drafting, Parliament had still not approved the nomination of a new Prime Minister, blocking the formation of a government. There was also an attempt to modify the Constitution, which as a result of political and legal innuendos, was considered Null and Void.

The Group recognises that realities on the ground have given no respite to the Haitian population, as well at the United Nations country team. Last year our visit was planned in the middle of the recovery from the devastating earthquake of 12 January, which was quickly followed by the hurricane season, the outbreak of cholera as well as an electoral process that was difficult and, at times, marked by civil unrest on the streets of Port-au-Prince.

The members of the Group wish to express their profound gratitude to the Haitian authorities who managed to find time in a context of political transition and uncertainties, helping to draw the conclusions and formulate the recommendations contained in the present report. The Group also wishes to express its appreciation for the open and constructive exchange with Haitian officials, including the Acting Prime Minister and Minister for Planning and External Cooperation, Jean-Max Bellerive; President of the Senate Rodolphe Joazile; the former designate Prime Minister Daniel Rouzier; the Minister for Foreign Affairs, Marie Michèle Rey; and other members of the Cabinet. In addition, the Group is grateful to the Department of Economic and Social Affairs of the Secretariat for its constant and dedicated support for the work of the Group. Sincere thanks go also to the Deputy Special Representatives of the Secretary-General for Haiti and head of the United Nations Stabilization Mission in Haiti (MINUSTAH), Mr. Kevin Kennedy and Nigel Fisher and their able team, as well as the whole United Nations country team, for their excellent support during the visit and for the valuable information and analysis provided during the numerous meetings organized for the Group.

The outline of the Group‟s dense programme, which included a visit to Leogane, a dynamic discussion with Youth representatives, a briefing by WHO and a Cuban medical representative and meeting with the Private sector, amongst many other things, can be found in annex. Even in the absence of a full-fledged government, the visit was considered highly fruitful, in great part thanks to the quality of interactions with the different actors of civil society, the private sector and the diplomatic and donor community, both in Port-au-Prince and outside the capital. The numbers of actors involved makes it difficult to provide an exhaustive overview of all the activities and interactions that took place. As the post-electoral context hindered the reconstruction, many challenges have arisen, mainly linked to the absence of clear authorities. In light of the complexity of the situation on the ground, including the number of actors involved, both at the local and international level, the Group tried to frame the main points that can strengthen recovery and reconstruction and build a highly needed long term economic and reconstruction plan.

II. SOME TANGIBLE PROGRESS ON THE GROUND, IN A PRECARIOUS CONTEXT

The first observation that the Group should make is the improvement of the situation compared to its visit a year ago. Progress in clearing operations and in rebuilding the city of Port-au-Prince and the surrounding communities are obvious and indicate that the Haitian society is mobilized and that help provided by the International community is useful.

These following figures are telling in this regard: close to 50,000 people leave the IDP camps every month to settle in permanent or semi permanent shelters. As a result, out of 1.3 million people living in camps during the Group‟s visit last year, 680,000 people remain in camps, with an anticipated case load of 400,000 persons at the end of 2011. One of the flagship programmes of the new authorities is the closure of six camps in Port-au-Prince through the launch of long term reconstruction in the corresponding 16 neighbourhoods of origin, a programme supported by the United Nations country team as part of its proactive engagement with the new presidential team. In this context, the issue of land reform will need to be addressed in order to provide secured tenures to displaced persons.

Tons of debris have already been removed thanks, inter alia, to the cash for work and food for work programmes. Today, several UN entities (UNDP, UN Habitat, ILO and UNOPS) work together towards supporting the Ministry of Public Work, Transport and Communication to rehabilitate areas by setting up a recycling system that will remove and process debris in a sustainable manner. Through recycling activities, small enterprises and a significant number of jobs are created. The Group witnessed these activities during its trip to Léogane, where it visited a project of UNDP and the Mairie of the city to evacuate 350,000 m3 of debris and to operate a site de décharge et la construction d’une usine de recyclage des debris (a landfill site and the construction of a debris recycling plant). In addition to its labor intensive nature, the project will allow the construction of school facilities by using the recycled debris, and will strengthen Haitian local capacities for project implementation. The Group encourages this approach and calls for the rapid implementation of this project which generates much expectation from the local population and can serve as a model of sustainable activities in a post earthquake context.

Progress made in the fight against cholera also testify to the capacity of Haitian and international actors to make a difference on the ground. The Group met with WHO and attended a presentation by representatives of the Cuban Medical Brigades, who have carried out epidemiological studies on the disease throughout the country, including in remote rural areas. It appears that while the disease has now diminished in numbers, it will continue to exist in Haiti for many years and the rainy season may increase its incidence together with other diseases.

These examples, though encouraging in relation to the effectiveness of the work done since the earthquake, also recall the precarious conditions in which hundreds of thousands of people live and the persistence of poverty, which affects about two-thirds of the Haitian population. It should be noted that 2010 saw a contraction of the annual growth rate of 8.5% of the country because of the earthquake. The recurring climatic and seismic threats continue to increase this vulnerability.

In addition, it should be noted that the continuing global economic and financial crisis could also threaten the Haitian economy. If the inflation risk has so far been contained and the exchange rate of the gourde is stable, which is to the credit of the monetary policy of the Government, the increase in global food prices could fuel the inflation and create social discontent. The recent history of Haiti shows the destabilizing effects of such crises at the political and institutional level.

III. COORDINATION OF INTERNATIONAL SUPPORT: A WORK IN PROGRESS

Aid coordination is a major issue on which the group focused for many years. It has taken a particular significance because of the increased number of partners in development who provide assistance to Haiti and who are also involved in the reconstruction process. Moreover this process has created new mechanisms, like the Interim Haiti Recovery Commission (IHRC) and the Fund for the reconstruction of Haiti. An initial assessment of the action of these structures can already be drawn.

COORDINATION WITHIN THE UN SYSTEM

The Group benefited during its visit from strong support by MINUSTAH and the whole United Nations country team (UNCT) and met with representatives of fifteen UN agencies present on the ground. It is now largely recognized that the UNCT was successful in providing humanitarian assistance to the Haitian population while engaging in long term development activities. The humanitarian assistance mechanisms, including the clusters involving the international institutions and NGOs on specific topics, have successfully managed to help organize international aid and make it understandable. The unifying role of the Resident Coordinator of the United Nations system, coordinators of “clusters”, such as the IOM for camp management (CCPO) and UNICEF for the WASH cluster, should be highlighted. The quick impact projects carried out by MINUSTAH also enhance the operational capacity of the Mission, including in disaster preparedness, while generating tangible benefits for the population.

While the level of collaboration among UN actors was enhanced even before the earthquake, it appears that such collaboration has increased since the Group‟s visit in June 2010. The rapid formulation of the Integrated Strategic Framework (ISF) has been the main vehicle for joint planning in a wide range of development sectors. The ISF represents an important step in terms of UN integration in peace-keeping environments and towards the “delivering as one” objective. The fact that the UNCT has submitted eighteen projects to the IHRC for a total of $376 million, most of which involve several UN agencies, testifies to increased UN coherence. The Group encourages the systematization of joint programmes and their coordinated implementation.

Meetings were organized for the Group by the UNCT on cross-cutting issues such as Government capacity building, the rule of law and the status of women, and on thematic issues, including education and health. The Group was pleased to note that these encounters not only brought together several UN actors working on issues of common interest, including MINUSTAH and UN development entities, but also Haitian civil society organizations, women Parliamentarians and key donors in a given sector. While some overlaps and diverging priorities were noted, these meetings illustrated the capacity of the United Nations to play a leadership role and engage other development partners, including in their interaction with outside actors such as the Group.

Complementarity of activities between MINUSTAH and the UN agencies is particularly useful in the context of actions against the sexual violence against women, especially in the camps. The use of patrols and civilian police coupled with advocacy and victim support allows a multifaceted response to a widespread problem.

Another important dimension is the decentralization of staff and projects outside of Port-au-Prince in order to strengthen local governance and development. In Léogane, the Group met with eight UN actors present on the ground, creating added value in regions that traditionally received less international assistance. Similarly, throughout the country, MINUSTAH carries out capacity building activities to the municipalities, while UNDP, WFP, UNEP and others are developing joint sustainable development projects, such as watershed management, in various departments. The Group encourages the pooling of resources of different agencies to increase their presence to the largest possible area of the country, thereby supporting decentralization efforts that all agree to present as a necessary condition for long-term development of the country. It also encourages all development actors, including UN entities, to increase the share of their staff posted outside of Port-au-Prince, a proportion that remains insufficient.

COORDINATION AMONG DONORS

According to the Group's partners, aid coordination remains weak, which feeds the confusion over the responsibilities of all actors. However, positive examples are highlighted, including in the fight against cholera or dealing with hurricanes. This is not the case for development aid, where the dispersion of activities is often deplored.

Efforts have been made by the donor community to exchange information and foster coherence in their support to Haiti particularly through the G12, the Group of main donors in Haiti3. Interesting aid management tools have been put in place, in particular an Aid Management Platform which allows for tracking of donor funds pledged and disbursed against the priorities of the Government Action Plan, a tool that the Group recommended in the past. The support provided in this field by UNDP in collaboration with the United Nations Office of the Special Envoy for Haiti deserves to be praised.

Yet, donor coordination can only be fully effective if a funding and planning process led by the Government is in place, whereby international partners can articulate their actions around nationally owned projects and activities. Clearly, Haiti has not reached this stage yet and the current political uncertainty further delays this prospect.

COORDINATION THROUGH THE IHRC

The Interim Haiti Recovery Commission (IHRC), established in April 2010 to coordinate and oversee recovery and reconstruction efforts, has approved, as of June 2011, 89 priority projects for a total budget of US $ 3.2 billion. A strategic plan has been prepared with priority goals related to the implementation of the Government Action Plan, until the end of the Commission‟s mandate originally planned for October 2011. The Commission also gathers a diversity of Haitian and international actors, including NGOs, and is supported by a secretariat staffed with experts from several development agencies, including from the United Nations Development Programme.

The attention of the Group was drawn to the fact that the Commission has become a heavy structure with a complicated decision-making process and high operating costs. Its focus on projects has also restricted its ability to operate strategic planning and oversight. In addition, the lack of an Executive Director since April 2011 reflects negatively on the functioning of the institution. In this context, the appointment of a Director by the new Government will be crucial. Similarly, decisions are needed on future steps in the work of the Commission, including the necessary adjustment of its strategies and modus operandi and its possible transformation into a full fledged Haitian governmental institution, as originally planned. From this standpoint as well, the clarification of the Haitian political situation is a prerequisite for the functioning of the Commission and the orderly continuity (poursuite) of the reconstruction process. In the short term, it seems that an extension of the Commission‟s mandate beyond October might be considered given its workload and the desirability of completing its tasks.

COORDINATION THROUGH THE HRF

The Haiti Reconstruction Fund (HRF), established by the World Bank and whose Steering Committee is chaired by the Minister of Finance of Haiti, has already allocated $237 million to fourteen projects, all previously approved by the CIRH. The United Nations, the World Bank and the Inter American Development Bank are implementing agencies of all HRF projects. As of mid-June 2011, nineteen donors had committed $352 million to the Fund. Twenty percent of all reconstruction finance disbursed to Haiti has been channeled through this Fund. While this may appear as a small proportion, it is actually above the original expectations, given the experience of similar mechanisms established in other countries.

It is noteworthy that the HRF provides most funding allocated for debris management, an important area of work that is often overlooked by donors, who favor more development oriented activities. Support by the HRF also benefits the multilateral system, with important UNDP projects funded through this channel. As a flexible mechanism, with a life span of at least seven years, the Fund contributes to increasing transparency of international assistance and expanding the donor base. The Group encourages the Fund to play an active role in mobilizing resources, including from non traditional donors, and to adapt its support to the priorities of the new Government when it is in place.

ALIGNMENT TO NATIONAL PRIORITIES

The Group welcomes the contribution made by the post-earthquake coordination structures to enhancing aid effectiveness to Haiti in a very complex environment. It also recognizes that in the longer term, the planning and funding processes in Haiti should be unique and Government led, in line with the principle of national ownership. A crucial step in this direction is the revamping of key sectoral tables (tables sectorielles) that were in place before the earthquake and involved main national and international partners under the leadership of relevant Ministries. Mr. Jean-Max Bellerive, the outgoing Prime Minister and co-chair of the IHRC, whom the Group met in Port-au-Prince, has played an important role in this exercise. In this regard, it is important that development partners provide ministries with the necessary capacities to effectively lead such tables.

The connection between the IHRC mechanisms and the sectoral tables needs to be better defined. In an effort to further align the IHRC with Government processes, all projects are now approved by the Ministry of Planning and Development Cooperation and by key sector Ministries prior to submission to the IHRC Board. It appears to the Group that the Sector Tables should be directly linked and integrated within the IHRC architecture so as to empower Haitian Ministries to more directly shape the strategic planning, decision-making and funding of the Commission. Projects would be shared by the Ministries leading the sector tables for funding by the IHRC Board, a process that would further align international support to Haiti‟s National Action Plan and the Government‟s priorities.

While the exact modalities for such interaction should be defined by the new political leadership in consultation with development partners, particularly those who are members of the IHRC, the Group favors an approach that increasingly gives a leading role to the Government of Haiti and empowers the Ministries. It should also be kept in mind that given the difficulties currently encountered at the political level and the continued weakness of State institutions, there may be a need in the short term to maintain mechanisms that allow development organizations to directly request project funding from the Commission‟s Board, provided that these proposals have been discussed and coordinated with relevant Ministries beforehand.

Meanwhile, it remains essential to strengthen Haitian capacities to increasingly handle these processes. The Group reiterates the proposal contained in its report last year that a certain percentage of projects and related funding be directly implemented by the Haitian authorities, with a commensurate level of support provided for capacity building through the training and mentoring of civil servants. The Group, which in its previous reports, noted with concern the over representation of NGOs in project execution in lieu of Haitian State capacities, noted with satisfaction the creation within the IHRC, with UNDP support, of a NGO coordination unit aimed at sharing information on NGOs‟ proposals and at better regulating the sector.

IV. MAINTAINING A HIGH LEVEL OF SUPPORT TO HAITI: A SHARED RESPONSIBILITY OF THE INTERNATIONAL COMMUNITY AND HAITIAN POLITICAL ACTORS

At the international donors‟ conference “Towards a New Future for Haiti”, held in New York on 31 March 2010, fifty-five public sector donors (national Governments and multilateral institutions) pledged a total of $5.6 billion for Haiti‟s recovery and development, $4.6 billion for aid programs and $1 billion in debt relief. For the combined 2010-2011 timeframe, donors have disbursed 36.1 per cent ($1.66 billion). This leaves 63.9 percent ($2.93 million) to be disbursed this year, with more than half of this amount already committed to specific projects. The sectors that have received the most support are social rebuilding, namely water and sanitation, education and health, followed by territorial rebuilding, particularly the transportation system.

The attention of the Group was drawn to the fact that there is a significant gap between available international funding aimed mainly at long-term projects and the funding needs identified by the Haitian Government for recovery efforts, including debris management. It is estimated that $750 million are still urgently needed to allow for the immediate implementation of all priority projects approved by the IHRC. In addition, on the humanitarian side, the consolidated appeal launched by the UN for $915 million was only 24 percent funded at the mid-point review carried out in May 2011.

These figures call for continued mobilization of the donor community to support Haiti. In addition to economic recovery and reconstruction, assistance by development partners will be required to restructure the economy by investing in energy and infrastructures, sustainable urban planning and building the capacity of the State to regulate economic activities. Additional financial support will be needed to engage in this pathway. At the same time, further thoughts should be given to the best way to “déclencher le potential de l‟aide” so as to convince donors to maintain a high level of assistance.

The current political situation in Haiti raises concern as to the sustainability of donor support to the country. Firstly, the polarization of political actors could hinder the continuity of development programmes and projects if one side ignores what has been initiated by the other. Secondly, the lack of an agreement between the executive and the legislative branches could lead to a paralysis of State institutions, with negative impact on the country‟s ability to engage in broad reforms. The Group stresses the need for constructive relations that will prevent any “tabula rasa” of recent relevant programmes, and will ensure the scaling up of development activities towards longer term projects in key sectors.

Political uncertainties may also discourage some donors from channeling funds through Haitian institutions. This would be all the more unfortunate as increased budgetary support has been provided to support recovery efforts, with about half of the recovery funds going directly or indirectly to the Government (44 per cent in grants and budget support, while multilateral agencies received 28 per cent and NGOs 27 per cent). This positive trend should not be undermined.

The Group was informed of the work undertaken to prepare for a budget (loi de finance rectificative and budget pour l‟exercice 2011-2012), aimed at ensuring the continued functioning of the State apparatus. For this exercise to bear fruit, the political situation should be clarified and constructive interaction should take place between the Parliament and the new team in power. As 60 percent of the Haitian budget still depends on international assistance, donors should receive assurances about this important process.

The same applies to the preparation of a second “Document de stratégie nationale pour la croissance et la réduction de la pauvreté” (DSNCRP), which was mentioned to the Group. The successful conclusion of such a process will depend on the capacity to carry out broad consultations with all sectors of society, including the Parliament.

V. INVESTING IN PRIORITY SECTORS IDENTIFIED BY THE HAITIAN LEADERSHIP

The Group held a series of consultations with a wide range of Haitian and international actors, on key development dimensions that must be taken into account in order to strengthen recovery and reconstruction and build a long term plan. To ensure aid effectiveness, it will be increasingly important to focus international support on priority sectors identified by the authorities in power, including the “four Es” that President Martelly has identified as major components of its programme, namely education, employment, environment and the rule of law (Etat de droit).

EDUCATION

The education sector in Haiti has long suffered from structural problems that result in poor quality education, in spite of high societal demand. The sector was further weakened by the earthquake, with more than 4,000 schools damaged or destroyed. During the electoral campaign, Mr. Martelly emphasized the need for free universal education in Haiti, with a commitment to enroll 400,000 children by September 2011.

To help implement the programme, a National Educational Fund has been established with inputs from a new tax on incoming international telephone calls, transfer of funds from the diaspora and donor contributions. The Group welcomes this innovative mechanism to finance development in a key sector where the new President is called to make a difference, and calls on donors to support it.

Education partners have expressed concern to the Group as to the feasibility of this policy in such a short time frame, essentially because of the lack of well trained teachers to take care of so many additional children. Although donor commitment is high, and some arrangements are in place to accelerate teacher‟s training, the commitment made during the electoral campaign may not be implemented in the short term. The risk is therefore high of a growing feeling of dissatisfaction within the population that could in turn fuel social unrest.

In this context, the Group calls for increased donor mobilization in support of the education sector in order to help the new authorities implement their innovative policy. The Group also stresses the need to make full use of the National Pact on Education, which has been elaborated as a result of a two year long inclusive process of Haitian education experts.

EMPLOYMENT

Job creation is recognized by all as an imperative in Haiti. Today, 2.5 million people are recognized as unemployed or underemployed. In Port-au-Prince, housing and debris related activities create job opportunities, while in the provinces major sectors remain agriculture, watershed management and road construction.

The private sector plays a major role in this respect. The Group met with representatives of this sector, including the banks, and was encouraged by the call made by these interlocutors for the new Haitian administration and the international community to ensure the establishment of a level playing field thanks to which investments could flourish and jobs could be created. They referred to the conclusions contained in the report of the Commission on Competitiveness, established in 2009 to enhance entrepreneurship and wealth creation4 and welcomed the willingness of the new authorities in power to use the work of this Commission to inspire a policy that stimulates business.

One of the projects being considered is the creation of integrated economic zones, which would include industrial parks, transport facilities including access to airport and seaport and training facilities. The existing private park in the North of the country is an example that should serve as leverage for other regions of the country. As explained to the Group by the Economic Advisor to President Martelly, it is imperative to mobilize donors and investors, including from the diaspora, to translate this vision into reality. The Group supports this call for action, which will also give clear signals as to the willingness of the authorities to engage in economic decentralization and create job opportunities outside of Port-au-Prince.

As the Group stressed in the past5, the garment sector and other industrial activities, as important as they may be, are unlikely to create a sufficient number of jobs (an estimated number of 50,000) to allow for in-depth changes in society. In a country where most of the population is rural, it is essential to continue efforts to improve agricultural productivity and empower farmers, including rural women.

Finally, the setting up of a national policy of job creation concerted between the Government, business federations and trade unions, a policy that the United Nations country team advocates for, would be a step forward for advanced social dialogue. Such an approach would attest to a spirit of cooperation at the time where the country must focus on political dialogue to break the institutional deadlock.

ENVIRONMENT

In its past reports, the Group highlighted the degradation of the environment in Haiti and the urgent need for sustainable development policies that reconcile economic activity, social inclusion and environmental protection. It will not elaborate on this matter in detail in the present document, although it very much welcomes the priority that is given by the Presidential team to this crucial issue for the long term development of the country.

During its visit, the Group was interested to learn about development projects that combine watershed management, flood mitigation and food security in several Départements. The Group welcomes these projects and calls for further integration of disaster preparedness into capacity-building activities at the local and national levels, across sectoral ministries. Decentralization projects and plans should also take this dimension into account.

The Group also welcomes the idea of creating a Ministry with a triple portfolio covering the Interior, Territorial Planning (Aménagement du territoire) and Environment, as presented by the Presidential team.

THE RULE OF LAW

The rule of law was frequently addressed during the visit of the Group and the new team in power stated that it was at the heart of its strategy. The Group praises MINUSTAH for the efforts it has made for several months so as to highlight its centrality for all activities in the country, including those by the Haitian Authorities and by their international partners.

The Group highlights the cross-cutting nature of this issue that many interlocutors have referred to in the presentation of their aspirations and activities. Thus, the rule of law has to prevail so as to guarantee the necessary security for the development of the persons and economic activities, to create an enabling framework for the development of the Haitian private sector and foreign investments, which many called for, including the banking sector.

On the other end of the pyramid, civil society invokes the rule of law so as to ask for more equality. Representatives of women and youth associations put forward their aspiration for a more equitable society, where citizens would be legally recognized, thanks to an efficient civil registration system, and would be protected from abuse, which in most instances still go unpunished. Women associations, for instance, campaign for promulgation of legal texts drafted by former governments but never examined by the Parliament, such as the laws on responsible paternity, domestic work or recognition of plaçage, the most common form of family union in Haiti. The Group highlighted the importance of these texts in its previous reports (see E/2008/90 paragraph 18). Their consideration by the Parliament is not dependent on the existence of a functioning Government and could start immediately. The Group hopes that the establishment of a quota of 30% of women to the elective functions, currently under consideration, will contribute to a quick consideration of these issues.

The theme of the rule of law has always had a special significance in rural areas. Land reform requires the establishment of a land registration system (cadastre), which promotes and allows the legal security of small farmers. Today, land reform requirements also applies to the metropolitan area of Port-au-Prince, where the progressive closing of IDP camps also requires progressive mechanisms of information and management of land tenure which enable to determine the status of occupation before the earthquake and to enhance security of the tenure. While it is aware of the difficulty and sensitivity of such process, the Group highly encourages the authorities to launch a reform process to that end as early as possible.

The promotion of the rule of law starts with a normal functioning of public institutions. Several interlocutors mentioned the recurrent problem of corruption, including in the police and the judiciary. Moreover, it is unlikely that tangible progress will be noticed if the legal and executive branches do not find a common ground on the choice of a Prime Minister and the government’s nomination. After that, elaborating a proposed budget is needed so as to prevent paralysis of the Haitian State and to take advantage of direct aid that it benefits nowadays.

VI. CONCLUSION AND RECOMMENDATIONS

More than ever, the Group considers it imperative that Haiti remains on the international agenda and that appropriate support be provided to the country, in particular through a strong United Nations presence on the ground in the form of MINUSTAH and the United Nations country team, in Port-au-Prince and increasingly in other vulnerable areas of the country. The situation on the ground remains extremely complex. While improvements were noticed by the Group during its visit, they were yet far from where the country needs to be in order to ensure its political stability and economic and social development.

In this context, a long term perspective of the development of Haiti will be necessary in order to translate the success encountered over the short and medium term into sustainable progress, provided that all political actors play their part in ensuring the adequate functioning of State institutions.

At this critical juncture, the Group calls on all relevant Haitian actors to find a rapid course of action to have a fully functioning Government in power very soon in order to avoid any detrimental effect on the level of international assistance to the country and on the prospects for its development. Meanwhile a continued mobilization of the donor community is vey much needed in order to support Haiti in the current delicate situation and on the longer term.

For ease of reference, the recommendations formulated in the body of the report are presented below in a succinct way for consideration by the Council.

RECOMMENDATIONS ADDRESSED TO THE UNITED NATIONS SYSTEM

The Group welcomes the increased capacity of the United Nations presence in Haiti to play a leadership role on humanitarian and development issues and recommends the UN system to do the following:

(a) foster the sustainability of all reconstruction projects through increased focus on national capacities building;

(b) systematize joint programmes by UN entities and coordinate their implementation;

(c) pool resources of UN entities on the ground, including in the provinces, and encourage all development partners to increase the share of their staff posted outside of Port-au-Prince. thereby increasing local capacities and supporting decentralization efforts;

(d) continue the promotion by MINUSTAH of the rule of law and its cross-cutting dimension in the work of both Haitian stakeholders and development partners;

RECOMMENDATIONS ADDRESSED TO THE GOVERNMENT OF HAITI

The Group recognizes that much progress has been made by the Haitian Authorities to sustain recovery efforts and recommends the following actions for their consideration:

(e) make all necessary efforts to lead the coordination of donor support and in this connection, reflect with development partners how to leverage the potential of aid;

(f) appoint a Director to the Interim Haiti Recovery Commission, taking into account the possible need of extending the Commission‟s mandate beyond October, while deciding on future steps in the work of the Commission, including its possible transformation into a full fledged Haitian governmental institution,;

(g) avoid the “restart” of new programmes and make full use of existing development support so as to allow for the scaling up of activities towards longer term projects in key sectors;

(h) promote clear and constructive interaction between the Parliament and the new Government in order to facilitate the preparations of the budget for 2011-2012 and the definition of future development plans;

(i) while implementing the new and innovative policy to fund the educational sector, make full use of existing policy documents such as the National Pact on Education;

(j) make all necessary efforts to enhance the rule of law, a key element in the creation of an environment that enables investment and job creation;

(k) strengthen efforts towards improving agricultural productivity and empowering farmers, including rural women, while utilizing the potential of the „integrated economic zones‟ to increase productive capacities in the agricultural field through the development of „filières‟ based on local production;

(l) implement a national policy for job creation among the Government, business federations and trade unions, as an important step towards enhanced social dialogue;

(m) integrate disaster preparedness into capacity-building activities at the local and national levels, across sectoral ministries, including in decentralization projects and plans and formulate development projects that combine watershed management, flood mitigation and food security in several Départements of the country;

(n) encourage rapid consideration by the Parliament of draft laws prepared by former Governments aimed at improving the status of women and promoting their rights;

(o) engage in a land reform process, including a land registration system in rural areas and progressive mechanisms of information and management of land tenure in Port-au-Prince to help in the closing process of IDP camps.

RECOMMENDATIONS ADDRESSED TO THE DONOR COMMUNITY

To assist in the recovery and reconstruction of Haiti, as well as its longer-term development, the Group encourages the donor community to:

(p) use the Aid Management Platform established by the Haitian Ministry of Planning and External Cooperation which allows for tracking donor funds pledged and disbursed against the priorities of the Government Action Plan and allocate additional funding for its full operationalization;

(q) ensure that the Haiti Reconstruction Fund plays an active role in mobilizing resources, including from non traditional donors, and to adapt its support to the priorities of the new Government when it is in place;

(r) support Haitian ministries in revamping the sectoral tables (tables sectorielles) aimed at coordinating international support in key areas around the Government‟s priorities and to provide them with the necessary capacities to effectively lead such mechanisms;

(s) clarify the connection between the IHRC mechanisms and the sectoral tables and integrate them within the IHRC architecture so as to empower Haitian Ministries to more directly shape the strategic planning, decision-making and funding of the Commission;

(t) ensure that a certain percentage of projects and related funding be directly implemented by the Haitian authorities, with a commensurate level of support provided for capacity building through the training and mentoring of civil servants;

(u) continue to close the gap between funding for long-term projects and for recovery identified by the Government of Haiti, including debris management, while continuing to provide direct budgetary support;

(v) respond to the call to fund consolidated appeal launched by the United Nations for humanitarian activities in Haiti;

RECOMMENDATIONS ADDRESSED TO THE INTERNATIONAL COMMUNITY

The international community, including civil society organizations, should share in the recovery and long-term development of Haiti and the Group encourages the following:

(w) enhance the sharing of information on the contribution of NGOs to reconstruction and development activities and on improved regulation of such activities, including through the creation within the IHRC, with UNDP support, of a NGO coordination unit;

(x) keep the macroeconomic situation in Haiti under review, including the impact of the volatility of food prices on the country‟s economy, and provide appropriate support to the Government to assist in maintaining macroeconomic balances;

(y) ensure sustained funding to allow Haiti to engage in longer-term development and invest in such sectors as energy and infrastructure, sustainable urban planning and building State capacities and provide funds for all priority projects approved by the IHRC;

(z) support the National Educational Fund to finance the development of the education.

ANNEX

Programme of the visit of the Ad Hoc Advisory Group to Haiti

Wednesday 15 June

12:25 Arrival at Toussaint Louverture International Airport

14:15 Meeting with Ms. Marie-Michele Rey, Minister of Foreign Affairs (Ministry of Foreign Affairs)

16:00 Meeting with DSRSG/RC/HC Nigel Fisher (MINUSTAH)

16:30 Meeting with the United Nations country team, chaired by DSRSG Fisher, including a briefing by OCHA on the humanitarian situation (MINUSTAH)

18:00 Cocktail dînatoire with the donor community, hosted by DSRSG Fisher

Thursday 16 June

06:00 Visit to Léogane (by helicopter)

- meeting with the country team
- visit of a debris removal and recycling project
- visit of dumping and recycling sites

13:00 Meeting with Mr. Jean-Rodolphe Joazile, President of the Senate (Parliament)

15:15 Meeting on gender and sexual based violence with MINUSTAH, country team, women Parliamentarians and Haitian women‟s groups (MINUSTAH)

18:00 Cocktail hosted by the Ambassador of Canada (Residence of the Ambassador)

Friday 17 June

08:30 Meeting with Mr. Daniel Rouzier, designated Prime Minister (National Palace)

10:00 Meeting with Mr. Jean-Max Bellerive, outgoing Prime Minister (Residence of the Prime Minister)

11:30 Meeting with Mr. Wilson Laleau, Economic Advisor to President Martelly (National Palace)

13:30 Meeting with the Haiti Reconstruction Fund (MINUSTAH)

15:00 Meeting on Government Capacity Building with MINUSTAH and UNDP (MINUSTAH)

16:00 Meeting on Education (UNESCO/UNICEF/World Bank/CIDA) (MINUSTAH)

17:30 Meeting with the representatives of the private sector (Petion-ville)

20:00 Dinner hosted by the French Ambassador (Residence of the Ambassador)

Saturday 18 June

09:00 Meeting on the Rule of Law with MINUSTAH, UNDP and other country team members (MINUSTAH)

10:30 Meeting with Haitian children and young people, with World Vision International and other NGOs (MINUSTAH)

11:30 Meeting on cholera with the Cuban Medical Brigades and WHO/PAHO (MINUSTAH)

12:15 Debriefing with DSRSG and Acting Chief of MINUSTAH Kennedy and DSRSG/HC/RC Fisher (MINUSTAH)

13:00 Departure to New York