Institute for Justice & Democracy in Haiti

Transcription

1 Institute for Justice & Democracy in Haiti General Information 15 Newbury Street Boston, MA 2116 (617) Website Organization Contact Ashley Armand Year of Incorporation 24 1

2 Statements & Search Criteria Mission Statement We are a partnership of Haitian and US human rights advocates. We support the Haitian people in their struggle to achieve universal human rights, access to a just legal system, social justice, a society without violence, and the right to participate fully in choosing their government. Using models like the US civil rights movement, we are active in the courts, both in Haiti and internationally, in the streets and in poor neighborhoods. We work in partnership with grassroots movements, to transform the structural injustices that stand in the way of stability and prosperity for the majority of Haitians. Background Statement IJDH works closely with our sister organization in Haiti, the Bureau des Advocats Internationaux (BAI), to promote human rights in Haiti, document and disseminate accurate information about human rights violations and pursue legal claims abroad and in Haiti. BAI spearheaded the prosecution of the Raboteau Massacre, the best complex litigation ever handled in Haitian courts, and one of the most important human rights trials ever in the Americas. The trial convicted the top leaders of the dictatorship; obtained $4, in compensation; and achieved the deportation from the U.S. of several top officials, including the highest-ranked officer ever deported from the U.S. on human rights grounds. After co-managing BAI from , Brian Concannon founded IJDH in March 24 to: 1) pursue the BAI s cases in U.S. and international courts; 2) bring IJDH s fight for justice to the U.S. population by disseminating information and supporting grassroots advocacy; and 3) provide financial support for BAI, which no longer receives Haitian government support. The organizations work closely together on all their cases. Impact Statement Recent top accomplishments: A major July 215 court victory for residents terrorized for years by their mayor showed again that Haitian courts can deliver justice against the powerful. Les Irois mayor meted out beatings, shootings and arson for disloyalty. One man was murdered; others were maimed. After years fighting in court, foiled by the mayor's influence, the victims turned to BAI for help. The perps were sentenced to 7 years in prison and $55, in damages. In January 216, BAI/IJDH advocacy amplifying Haitian grassroots concerns halted fraudulent elections international interests were urging forward. With partners, we supported diverse Haitian voices calling for fair elections and spread their message internationally. The call was echoed by outlets including The New York Times and Miami Herald, and by U.S. Congresspersons. The calls also gained traction in Haiti and were eventually joined by business and religious institutions, until the Electoral Council lacked the legitimacy to push forward. Haiti now has another chance at fair elections. In March 216, IJDH defended Haiti s cholera victims right to justice before the U.S. Court of Appeals. Our case has won support from over 8 leading scholars, human rights experts, Haitian- American leaders and former UN officials, and is one of the largest cases to seek justice for UN wrongdoing in history. It has educated the world about UN responsibility for the epidemic, spurring hundreds of television, radio and print pieces. BAI/IJDH also helped women bring rape cases to court, trained Haitian human rights lawyers, protected activists and mobilized communities for civic engagement. Top goals: Keep focusing on accountability for victims of rape, cholera and the Duvalier regime, but also respond to emergent issues labeled priorities by Haiti s grassroots. Build financial reserves and raise funds to support more advocacy staff. Continue building the administrative structures needed to support our programs. 2

3 Needs Statement Our most pressing needs include: 1.Funding: We need to raise $9, per year. Ideally, $1 million/year. Capacity building 2. Training 3.Programmatic alliances 4. Service Categories Alliances & Advocacy Public Interest Law International Human Rights Geographic Areas Served Haiti Please review online profile for full list of selected areas served. 3

4 Programs Cholera Accountability Project (CAP) Description IJDH and BAI are pursuing a claim on behalf of victims of a cholera epidemic recklessly introduced into Haiti by UN Peacekeepers. We are seeking: 1) provision of water and sanitation infrastructure, 2) compensation for their losses, and 3) a formal apology. Adequate water and sanitation in Haiti would save over 3, lives in a decade. Since 21, over 9, Haitians have died from and over 75, have contracted cholera. Budget 2 Category Population Served Program Short Term Success Program Long term Success Program Success Monitored By Crime & Legal, General/Other Poor,Economically Disadvantaged,Indigent, Victims, People/Families of People with Health Conditions The UN has invested tens of missions of dollars in healthcare, water, and sanitation in Haiti since IJDH filed its legal claims, and has agreed in principle to support the water and sanitation infrastructure necessary to control the epidemic. We will continue to educate the International Community on the cholera epidemic through meetings with officials, submission of written opinion pieces, online video campaigns and live demonstrations. More current and former UN officials, international law experts, human rights advocates, students, donors, etc. will join us in calling for cholera justice. If the cholera campaign is won either via the lawsuit or as a result of other advocacy, it would overhaul Haiti s piecemeal water and sanitation systems, providing sustainable access to these services for millions. The campaign would also result in compensation for victims losses and reaffirm the dignity of Haitians lives through a UN apology. Taken as a whole, the cholera campaign stands to establish a global precedent for accountability. a) Concrete progress in the lawsuit, including the establishment of a standing claims commission or other fair mechanism for evaluating the cholera victims claims; b) concrete progress towards the provision of a comprehensive water and sanitation infrastructure in Haiti; and c) the application of pressure on the UN through press work, demonstrations and participation in conferences. 4

5 Examples of Program Success Successes so far include: Filing complaints on behalf of 5, victims; Obtaining favorable press coverage throughout the world, including: ABC news, Al Jazeera, the BBC, CNN, Democracy Now!, the Economist, the New York Times, NPR, and Time Magazine; Support of our case from over 8 leading scholars, human rights experts, Haitian-American leaders and former UN officials around the world; and A UN spokesman s admission in August 216 of UN involvement in causing the epidemic. Rape Accountability and Prevention Project (RAPP) Description IJDH and BAI joined with grassroots groups in Haiti and international partners to launch the Rape Accountability and Prevention Project (RAPP) to respond to the influx of rapes against poor women and girls in the wake of the January 12, 21 earthquake. RAPP provides individual victims of sexual assault the legal services they need to obtain justice and compensation, while working with allies in Haiti and abroad to transform the social context that underlies the vulnerability of all poor Haitian women to assault. The Project also aims to deter future rape by punishing the perpetrators and forcing a more effective response by law enforcement and the justice system. RAPP includes four closely integrated components: legal advocacy, health care, organizing, and public advocacy. Budget 8 Category Population Served Program Short Term Success Crime & Legal, General/Other Sexual Assault Prevention Females, Victims, Poor,Economically Disadvantaged,Indigent Our short-term goals are to: Push more cases through to the trial phase this year; Provide direct legal services and medical care for rape victims; Provide intake for all victims referred to BAI Program Long term Success Our long-term goals are to: Reduce the incidence of rape in Haiti through increased prosecution and by compelling a better police response to the rapes. Help transform Haiti s legal system and society through legal and grassroots advocacy, to make both more receptive to the needs of poor women, and to serve justice to victims of sexual violence. Program Success Monitored By Examples of Program Success - 5

6 Defending Human Rights Defenders Description Year after year, BAI and IJDH have defended human rights defenders, freeing and protecting people who were wrongfully detained or imprisoned. This includes activists and lawyers who are threatened, harassed, and arrested. Every activist or lawyer freed or defended is another voice back in the fight to advance Haiti, knowing that the risks they take are mitigated by BAI s and IJDH s readiness to step in. Budget Category Population Served Program Short Term Success Program Long term Success Program Success Monitored By Examples of Program Success Crime & Legal, General/Other Poor,Economically Disadvantaged,Indigent, Latin America & the Caribbean, Getting individual human rights defenders and activists out of jail and back on the streets fighting for justice A Haiti that is safe for human rights defenders and activists, with no more attacks against them A decrease in the number of attacks against human rights defenders and activists In 215, BAI helped secure the release of political prisoner Jean Robert Vincent after more than two years of detention. Also in 215, BAI helped democracy activists in the town of Les Irois win a seven-year-long fight for justice against the town s mayor and his henchmen, for murder and aggravated assault committed during a string of political attacks in 27. 6

7 Lawyer Training Description Through its intensive training program, BAI is preparing the next generation of public interest lawyers to work alongside Haiti s grassroots movements to compel fundamental social change. Most Haitian law graduates will never become lawyers the exceptions are usually those with wealth or connections. BAI challenges that norm by providing intensive mentoring and apprenticeships for law graduates committed to becoming social justice lawyers. BAI s trainees work side by side with BAI s all- Haitian legal staff. BAI and IJDH are also part of a global network that connects trainees with allies fighting similar fights around the world. Budget Category Crime & Legal, General/Other Legal Services Population Served Poor,Economically Disadvantaged,Indigent,, Program Short Term Success Improvements in the legal research and writing skills of the trainee lawyers at BAI Trainee lawyers successfully completing their legal theses and graduating from law school Program Long term Success Program Success Monitored By A Haitian justice system full of lawyers who are committed to human rights and helping the poor enforce those rights Trainees successful completion of their theses and graduating from law school Trainees becoming effective people s lawyers, working to protect the human rights of Haiti s poor. Examples of Program Success Past BAI trainees have gone on to serve as top judges, prosecutors and ministry officials in Haiti; with human rights groups; and in international tribunals and public interest law organizations throughout the world. 7

8 Other Work Description We are also working on the following: Teaching citizens of Haiti s Central Plateau skills that will allow them to engage effectively with the local, national and international powers that make the decisions which deprive them of their rights. Prosecuting the associates of Jean-Claude Baby Doc Duvalier, one of the most notorious dictators of the 2th century, who perpetrated systematic human rights abuses against Haitian citizens. Advocating for a more complete and inclusive version of the Haitian Family Reunification Parole Program so that families who have been approved for immigrant visas will be reunited sooner. Budget Category Crime & Legal, General/Other Population Served Poor,Economically Disadvantaged,Indigent,, Program Short Term Success Program Long term Success Civic Engagement: Increased leadership and civic engagement by community members in the Central Plateau. HFRP: More support for expansion of the program Improvement in the lives of these community members through decreased vulnerability to human rights violations. Justice for the victims of Duvalier's crimes. Establishment of a parole program which would allow Haitians approved for immigration to the U.S. to spend the years of waiting for their visa slot with their US-based family members, instead of in Haiti. Program Success Monitored By Examples of Program Success Duvalier: Garnering explicit support for the prosecution from governments in the International Community, especially the U.S. government, and strengthening collaborations amongst Haitian and international groups who are trying to advance the prosecution. Successes include: Signing of an electoral pact between Haitian political candidates and community members, saying that the candidates would return to the community once elected and engage in protecting community members human rights. Filing eight formal complaints on behalf of former political prisoners of the Duvalier regime, submitting boxes of evidence of Duvalier's financial crimes for the prosecution effort, recruiting and supervising three top U.S. law firms that have contributed tens of thousands of dollars in donated legal services to the case, preparing information on the Duvalier regime's killings, torture, and financial crimes. We helped collect over 6, signatures in support of HFRPP which were submitted to President Obama and Secretary Napolitano. In October 214 DHS announced implementation of a limited HFRP in early

9 Management CEO/Executive Director Executive Director Term Start Mar 24 Mr. Brian Concannon Jr., Esq. Experience Mr. Concannon co-managed the Bureau des Advocats Internationaux (BAI) in Haiti for eight years, from , and worked for the United Nations as a Human Rights Officer in He founded IJDH, and has been the Director since 24. He helped prepare the prosecution of the Raboteau Massacre trial in 2, one of the most significant human rights cases anywhere in the Western Hemisphere. He has represented Haitian political prisoners before the Inter-American Commission on Human Rights, and represented the plaintiff in Yvon Neptune v. Haiti, the only Haiti case ever tried before the Inter-American Court of Human Rights. Mr. Concannon has received fellowships from Harvard Law School and Brandeis University and has trained international judges, U.S. asylum officers and law students across the U.S. He is a member of the Editorial Board of Health and Human Rights, an international journal. He holds an undergraduate degree from Middlebury College and JD from Georgetown Law. He speaks English, Haitian Creole and French. Senior Staff Brian Concannon Jr., Esq. Title Director Experience/Biography Staff Information Full Time Staff Part Time Staff Volunteers Contractors Retention Rate % Staff Demographics - Ethnicity African American/Black Asian American/Pacific Islander Caucasian Hispanic/Latino Native American/American Indian Other More than one race 9

10 Staff Demographics - Gender Male Female Unspecified 2 4 Formal Evaluations CEO Formal Evaluation CEO/Executive Formal Evaluation Frequency Senior Management Formal Evaluation Senior Management Formal Evaluation Frequency NonManagement Formal Evaluation Non Management Formal Evaluation Frequency No N/A Yes Annually Yes Annually Plans & Policies Organization has a Fundraising Plan? Organization has a Strategic Plan? Organization Policy and Procedures Nondiscrimination Policy Whistleblower Policy Yes Under Development Under Development Yes No Collaborations IJDH is the sister organization of Haiti-based Bureau des Avocats Internationaux (BAI). In order to maximize the impact of our limited resources, all of IJDH and BAI's work involves collaboration with allies. Haitian collaborators include: "Rezo Fanm BAI" (BAI Women s Network), including KOFAVIV (Komisyon Fanm Viktim pou Viktim), FAVILEK (Fanm Viktim Leve Kanpe), Groupe Concertation des Femmes Victimes (GCFV), Kodinasyon Nasyonal Viktim Direk (KONAMAVID), and Zafe Fanm pou yon Lot Ayiti (ZAFALA), and over 3 grassroots groups; Zanmi Lasante. International collaborators include: the Center for Constitutional Rights, Partners in Heath, MADRE, TransAfrica Forum, the Center for Economic and Policy Research, several U.S. law firms and programs at Boston College, Harvard University, City University of New York, New York University, the University of Miami, and the University of San Francisco law schools, New York City College of Technology. Awards Awards 1

11 Award/Recognition Organization Year International White Dove Award Honorary Degree of Doctor of Humane Letters conferred upon IJDH Director Zanmi Ayiti Award Salem Award for Human Rights and Social Justice Rochester Committee of Latin America 212 Canisius College 212 Haiti Solidarity Network of the Northeast 25 Salem Award Foundation

12 Board & Governance Board Chair Board Chair Company Affiliation Mr. Ira J. Kurzban Esq. Adjunct Professor of Law at the Univ of Miami and Nova Southeastern Univ Term June 24 to Apr 217 Board Members Name Affiliation Status Navjeet Bal Brian Concannon Jr., Esq. Paul Farmer M.D., PhD VP and General Counsel of Social Finance Director of the Institute for Justice & Democracy in Haiti Founder of Partners In Health, Professor at Harvard Medical School, and Deputy UN Special Envoy to Haiti. Voting Voting Voting Laura Flynn Author, Teacher, and Activist Voting Linda Dorcena Forry Massachusetts State Senate Voting Ira J. Kurzban Esq. Joia Mukherjee MD, MPH Judy Prosper Bryan Stevenson Esq. Irwin Stotzky Esq. Attorney with Kurzban, Kurzban, Weinger & Tetzeli, and Adjunct Professor of Law at the University Miami and Nova Southeastern University Chief Medical Officer for Partners in Health Assistant Attorney General in New York and former volunteer attorney at BAI Founder and Executive Director of the Equal Justice Initiative of Alabama and a Clinical Professor at NYU School of Law Professor of Law and Director of the Center for the Study of Human Rights at the University of Miami Voting Voting Voting Voting Voting Board Demographics - Ethnicity African American/Black 3 Asian American/Pacific Islander 1 Caucasian 5 Hispanic/Latino Native American/American Indian Other 1 12

13 Board Demographics - Gender Male Female Unspecified 5 5 Board Information Number of Full Board Meetings Annually Written Board Selection Criteria? Written Conflict of Interest Policy? Percentage Making Monetary Contributions Percentage Making In-Kind Contributions Constituency Includes Client Representation 4 No Yes 67% 3% No Additional Board Members and Affiliations Name Karen Keating Ansara Herby Duverné Albert J Kaneb Affiliation Co-founder of Haiti Fund at the Boston Foundation Principal and CEO of Taino Consulting Group Retired Fran Quigley clinical professor at Indiana University Robert H. McKinney School of Law Mary H White MD physician at Mount Sinai School of Medicine 13

14 Impact Goals We seek to build the rule of law in Haiti, so most Haitians know their rights as well as strategies to defend their rights, while building the Haitian justice system s capacity to deliver equal justice to all Haitians. When this has been accomplished, all crime victims can seek justice, no matter how powerful the perpetrators; contracts for land and labor can be enforced so that people can work their way out of poverty, investing any profits in their homes or businesses or education. Further, the democratic process will be allowed to function freely, without domestic or international interference, such that the government will be accountable to the majority of Haitians and prioritize popular concerns regarding health, education and other rights. In sum, we aim to enable Haitians to build a more just, prosperous, and stable country. Strategies IJDH and BAI work in partnership with Haitian grassroots organizations and communities, in the courts and in the streets, to promote human rights in Haiti. IJDH and BAI Use impact litigation to work with individual clients for justice in cases that will train the justice system to respond better to all victims of rape or government harassment or cholera. Provide training and strategic advice to grassroots groups and communities to engage with the justice system, government officials and the media. Keep activists safe while they fight for justice and get them out of jail when needed. Provide apprenticeships to Haitian law graduates and host international law fellows, teaching them how to use their profession to serve the poor and create a just society. Bring Haitian concerns to international media and foreign powers in places outside Haiti where decisions about Haitian rights are made, to combat anti-democratic interference. Document and report on human rights violations Capabilities BAI is led by Haiti s most prominent human rights lawyer, who has over 2 years of experience working in solidarity with Haiti s poor majority to build justice in his country. Under his leadership, BAI s Haitian staff attorneys, apprentice attorneys, grassroots coordinators, grassroots trainers and support staff have built a public interest law tradition in Haiti where none existed before and have allied with and mentored grassroots groups and communities for decades. IJDH is led by an American human rights lawyer a top international Haiti rights expert with 2 years experience partnering with Haitian lawyers and grassroots communities. Under his guidance, IJDH s small staff and dedicated cadre of volunteers, fellows and interns amplify and support the work of the BAI team. Indicators Progress is marked by court victories; growth and resilience of grassroots movements; increased public knowledge of how and when to access the courts; increased ability and commitment of the judiciary and the rest of Haiti s government to serve the people; improved and expanded Haitian and international media coverage of Haitian rights issues; and reduced foreign manipulation of Haiti politics. Longer-term systematic changes marking success include improved water and sanitation infrastructure, better and sustainable housing, fewer instances of wrongful imprisonment, reduced incidence of rapes throughout Haiti, increased prosecution and conviction of rapists and other criminals, and fair U.S. immigration policy towards Haitians. 14

15 Progress The 2 Raboteau Massacre court victory set the precedent that Haiti s justice system can hold the most powerful accountable, as well as the soldiers and police who carried out the orders. In this case, the crime was the 1994 killing of grassroots activists and their neighbors by the coup regime. The trial led to the deportation from the U.S. of the highest-level military officer ever deported from the U.S. for human rights crimes. Year after year, BAI and IJDH have defended human rights defenders, freeing and defending people who were wrongfully detained or imprisoned, including activists and lawyers when they are threatened, harassed, and arrested. Every activist or lawyer freed or defended is another voice back in the fight to advance Haiti, knowing that the risks they take are mitigated by BAI s and IJDH s readiness to step in. BAI and IJDH s fight for UN cholera accountability has garnered more and more allies and consistent public attention. In 213, we filed an innovative class action lawsuit against the UN in U.S. federal court on behalf of Haitian cholera victims. This case and the media response to it has put a great deal of pressure on the UN to take responsibility for its recklessness and act more responsibly in the future. Many current and former UN officials have spoken out about the need for UN accountability and the UN has agreed to lead efforts to raise $2.2 billion for water and sanitation in Haiti. Our 215 appeal was supported by over 8 leading scholars, human rights experts, Haitian-American leaders and former UN officials around the world. A March 216 appeals hearing had judges struggling with how to reconcile UN immunity with the rights of its victims. During Haiti s election cycle, BAI and IJDH amplified Haitian grassroots concerns about fraud and other irregularities and worked effectively to curb anti-democratic international pressures to proceed to a final vote without addressing continuing issues. IJDH s campaign for a Haitian Family Reunification Parole Program bore fruit in 214, when the U.S. government announced it would implement the program starting in 215. IJDH has been a leader in this fight for years, securing over 8 items of editorial, political, and community support. IJDH will work to expand this program s limited coverage, as it currently only serves a fraction of those already approved for immigration. As of late 215, BAI had won convictions in 14 of 2 rape cases that had reached trial, with several more on appeal and dozens more in the investigation stage or ready for trial. Many police officers are now more responsive to rape victims than ever before, even referring them to BAI for help. Each case builds the capacity of the police, lawyers, judges and grassroots communities to respond justly to rape, which in turn increases the safety that women need to fully participate in society. In the years following Haiti s 21 earthquake, BAI and IJDH allied with grassroots activists in Internally Displaced Persons (IDP) camps to defend the right to housing, particularly by preventing illegal camp evictions. Tools included local street protests, media engagement, winning Precautionary Measures from the Inter-American Commission on Human Rights and reporting to the UN. The fight to hold the Duvalier regime accountable for its crimes achieved a historic victory when the appeals court reinstated political violence charges against Jean-Claude Duvalier in 214. While Baby Doc himself died before the case was complete, holding his co-defendants accountable will reinforce the message that powerful murderers and pillagers of public resources are not immune from justice. Much of this work will be ongoing until human rights defenders in Haiti are no longer at risk and rape is regularly 15

16 Financials Fiscal Year Fiscal Year Start Apr 1, 215 Fiscal Year End Mar 31, 216 Projected Revenue $1,5,. Projected Expenses $1,3,. Endowment? No Spending Policy N/A Credit Line? No Reserve Fund? No Months Reserve Fund Covers Detailed Financials Revenue and Expenses Fiscal Year Total Revenue $1,783,867 $1,658,483 $1,73,31 Total Expenses $1,794,651 $1,726,675 $1,712,547 Revenue Sources Fiscal Year Foundation and Corporation Contributions Government Contributions $ $ $ Federal State Local Unspecified Individual Contributions $1,783,867 $1,658,483 $1,73,31 Indirect Public Support Earned Revenue Investment Income, Net of Losses Membership Dues Special Events Revenue In-Kind Other

17 Expense Allocation Fiscal Year Program Expense $1,5,7 $1,464,322 $1,58,65 Administration Expense $222,143 $171,259 $134,927 Fundraising Expense $72,51 $91,94 $69,15 Payments to Affiliates Total Revenue/Total Expenses Program Expense/Total Expenses 84% 85% 88% Fundraising Expense/Contributed Revenue 4% 5% 4% Assets and Liabilities Fiscal Year Total Assets $59,919 $365,936 $128,742 Current Assets $57,454 $365,271 $127,645 Long-Term Liabilities -- $ $ Current Liabilities $2,997 $34,876 $34,13 Total Net Assets $492,423 $331,6 $94,639 Short Term Solvency Fiscal Year Current Ratio: Current Assets/Current Liabilities Long Term Solvency Fiscal Year Long-Term Liabilities/Total Assets % % % Top Funding Sources Fiscal Year Top Funding Source & Dollar Amount Second Highest Funding Source & Dollar Amount Third Highest Funding Source & Dollar Amount Capital Campaign Currently in a Capital Campaign? No Comments Foundation Staff Comments Financial summary data in the charts and graphs above are per the organization's IRS Form 99s. Contributions from foundations and corporations are listed under individuals when the breakout was not available. This nonprofit only has audited financials starting in the year ending 211 as they were previously housed in another state with higher audit threshold requirements. Please note for FY15 the total expense amount was adjusted to reflect the total of the functional expenses listed on page 1 of the Form 99 (Statement of Functional Expenses). For FY14, the total expense amount was adjusted to reflect the total of the functional expenses listed on page 1 of the Form 99 (Statement of Functional Expenses). For FY13, the Program expense total was obtained from page 1 of the Form 99, (Statement of Functional Expenses). Created Copyright 218 The Boston Foundation 17