Nairobi has tied down the Haitian government from taxing or punishing members of the Kenyan police contingent, providing assurances that only Nairobi will determine fate of any errant security officers, and look into their earnings.
The details are contained in a pre-deployment agreement signed on June 21, just four days before Kenya deployed troops to Port-au-Prince.
Known as the Agreement on the protection of the Status of the Multinational Security Support Mission (MSS) in Haiti, it borrows heavily from the Convention on the Privileges and Immunities of the United Nations, a 1946 treaty that often protects staffers of the United Nations working in member states.
The MSS, endorsed by the UN Security Council, differs from ordinary UN peacekeeping missions because it is a policing mission deployed “on the understanding that the cost of implementing this temporary operation will be borne by voluntary contributions and support from individual Member States and regional organisations”.
And although the resolution had required this kind of agreement to be in place before deployment, The Weekly Review understands Nairobi wanted to be in control of meting out any rewards or punishment for the officers it is deploying to quell gang violence in Haiti.
The agreement says “any criminal prosecution will be conducted in the country” of origin of the officer involved. The bilateral deal deposited with the UN this week omits naming the particular countries involved because the UN resolution authorised voluntary participation, which means more countries could join in once it settles down.
Nairobi, however, is leading the mission heavily funded by the United Stated government. The agreement says the Commander of the Mission may arrest any errant officer and send him back to his country of origin.
If Haitian authorities arrest the said officer, however, they must hand them “over to the mission without delay for the necessary course of action”.
“The Mission Commander may arrest members of his or her team for breaches of conduct and discipline in terms of policies and directives. In such cases, these individuals will be referred to the States that deployed them for appropriate disciplinary action.”
The officers will be free from local taxes on their income and may import equipment into Haiti without inspection, tax or restriction. Their luggage, facilities, and vehicles will be free from inspection and will remain “inviolable”.
Their records, archives or remains of their equipment will be immune from perusal, damage or destruction and the Mission may transport their property out of Haiti without restriction. It may, however, choose to donate to Haitian authorities if it deems fit.
On Tuesday, 196 police officers landed at Toussaint Louverture International Airport in Port-au-Prince, the first batch of the expected 1000 men Nairobi offered to deploy.
The mission will be led by Deputy Inspector General of Police Noor Gabow. Samuel Chebet will command officers from the General Service Unit (GSU), which includes those trained for anti-gang violence as well as battling criminals in dark city alleys.
Geoffrey Otunge will command Administrative Police (AP) officers, which includes experienced men involved in protection of important installations. Officers under Otunge are from the Rapid Deployment Unit (RDU), Anti-Stock Theft Unit (ASTU) and the Border Patrol Unit (BPU).
First contingent of Kenyan police touch down in Haiti
Delayed by almost four months as Haiti sorted out its transitional government, the mission was also supposed to draw up relevant policies, procedures and measures for discipline, as required by the UN Security Council.
The agreement states it will stick within “the rules and principles of international law as well as local laws and regulations” and that both Haitian authorities and trop contributing countries will take all appropriate measures to ensure compliance with the outlined obligations.
Haitian Justice Minister Carlos Hercule told local media on Tuesday the mission will be treated as ordinary UN peacekeepers. But he argued they will not have a free hand to commit crimes or break rules.
He said it was “a standard agreement practically borrowing from established norms under the UN Convention”. He was referring to the 1946 Treaty to which both countries are signatories.
“We will determine where they are going, what their mission will be and to what extent they can provide assistance,” Hercule told a local press conference, indicating the Haitian National Police, and the army, will draw up operational procedures.
Prime Minister Gary Conille received the contingent after touching down in Haiti. They were led by Kenya’s National Security Advisor Monica Juma, whom he called the head of the Kenyan delegation.
“At last the multinational force is here to support our national police. The work to retake the country would begin slowly without any major fights unless need be,” said the Prime Minister.
Some members of the contingent lamented on low allowances paid to them ahead of the trip. Before departure, they claimed they had received Sh20,000, not the Sh100,000 they were promised ahead of the mission. There was no word on whether the balance would be paid.
The monetary challenge is the most recent one of several that stood in the way of the MSS. The High Court had earlier stalled it, forcing Nairobi to sign a bilateral agreement with Haiti.
Then-PM Ariel Henry was forced to resign, paving the way for a transitional authority that took more than a month to form. Kenya has never made public the details of the whole mission, including the pay, actual number to go as well as compliance with human rights code.
Nonetheless, the officers trained in French language skills, cultural lessons on Haiti, specialised anti-gang response as well as additional legal and survival skills. The Weekly Review reached out to Inspector-General of Police Japhet Koome for clarification. But he did not respond.
Since the assassination of President Jovenel Moise in July 2021, gang violence has been on an upward trajectory. The gangs joined hands in what is called Viv Ansanm (Living together in Kreyol).
The gangs ,who have joined hands with the aim of dealing with the UN sponsored mission, have also been ensuring that people don’t get humanitarian aid.
But this week, gang leader Jimmy Chérizier aka ‘Barbecue’ called for community dialogue, indicating it is the only option that can help stop violence.
While we could not determine whether his was a bait or a genuine turnaround, Barbecue did said Conille is a man he thinks can help end the violence.
“We need dialogue today, Prime Minister. Prove to the world that you can make history as someone who did not contribute to the destruction of the country by distributing guns in poor neighborhoods but who now pacifies the country,” said Barbecue, who described the new Premier as a man with no past dirt of gang violence or illegal arms importation into Haiti, something blamed on the rise of gang violence.
“I haven’t heard anyone with guns say you were the one who armed them. Don’t listen to traditional politicians who armed the country to destabilise previous governments and now want you to take back the guns by force,” he said.
He further advised the Prime Minister not to listen to those who armed the country since they feared competition with other businessmen with the aim of causing chaos. According to him, those who armed the society were the ones who were now busy pushing him to disarm the community.
Barbecue, initially opposed to the MSS, had overseen some of his gang members withdraw from parts of Porto-au-Prince, according to reports in local media.
But he didn’t remove his threats on the mission yet, having declared the troops as invaders. Conille spoke to journalists on Tuesday after he welcomed the Kenyan contingent.
He assured them of cooperation, seeing it as a basis to start the country’s journey back to stability. Conille told journalists the gangs must first lay down arms before seeking talks.
