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Haiti Group Demands UN Pay for Cholera Outbreak (The Boston Globe)

9 November 2011 Comments: 0

By: Tren­ton Daniel, Asso­ci­ated Press

A human rights group said Tues­day it has filed claims with the United Nations seek­ing dam­ages on behalf of more than 5,000 Hait­ian cholera vic­tims and their families.

The claims filed by the Boston-based Insti­tute for Jus­tice and Democ­racy in Haiti argue that the U.N. and its peace­keep­ing force are liable for hun­dreds of mil­lions of dol­lars for fail­ing to ade­quately screen peace­keep­ing soldiers.

They cite a range of stud­ies that indi­cate the infected sol­diers caused the out­break when untreated waste from a U.N. base was dumped into a trib­u­tary of Haiti’s most impor­tant river.

The sick­ness, death and ongo­ing harm from cholera suf­fered by Haiti’s cit­i­zens are a prod­uct of the U.N.’s mul­ti­ple fail­ures,’’ the com­plaint reads. “These fail­ures con­sti­tute neg­li­gence, gross neg­li­gence, reck­less­ness, and delib­er­ate indif­fer­ence for the lives of Haitians.’’

Cholera has sick­ened nearly 500,000 peo­ple and killed more than 6,500 oth­ers since it sur­faced in Haiti in Octo­ber 2010, accord­ing to the Hait­ian Health Min­istry. Evi­dence sug­gests that the dis­ease was inad­ver­tently brought to Haiti by a U.N. bat­tal­ion from Nepal, where cholera is endemic. A local con­trac­tor failed to prop­erly san­i­tize the waste of a U.N. base, and the bac­te­ria leaked into a trib­u­tary of one of Haiti’s biggest rivers, accord­ing to a study by a U.N. appointed panel.

The dis­ease spread through­out Haiti because of poor san­i­ta­tion, and the coun­try now has the high­est cholera infec­tion rate in the world.

There had been no doc­u­mented cases of the dis­ease prior to its arrival, and med­ical work­ers say the dis­ease is likely to become endemic.

Cholera is caused by a bac­te­ria found in con­t­a­m­i­nated water or food, and can kill peo­ple within hours through dehy­dra­tion. It is eas­ily treat­able if caught in time.

The Insti­tute filed the peti­tion on Thurs­day with the Office of the Sec­re­tary Gen­eral in New York and with the claims unit for the mis­sion in Port-au-Prince, said Brian Con­can­non, an attor­ney who is direc­tor of the Institute.

Con­can­non said he hoped the U.N. mis­sion would set up a tri­bunal to eval­u­ate the claims. He also said he hoped the U.N. force would cre­ate a life­sav­ing pro­gram that would pro­vide san­i­ta­tion, potable water and med­ical treat­ment. He also said he wants a pub­lic apology.

We’re obvi­ously hop­ing that the U.N. will step up and do the right thing,’’ he said by telephone.

If that doesn’t hap­pen, the group plans to file the claims in a Hait­ian court, he said.

The peti­tion­ers include fam­i­lies who saw bread­win­ners die from cholera, and the Insti­tute said some fam­i­lies spent their life sav­ings and went into debt to pay for funerals.

The Insti­tute is also seek­ing a min­i­mum of $100,000 for each bereaved fam­ily and $50,000 for each cholera survivor.

U.N. spokes­woman Sylvie Van Den Wilden­berg said she was aware that a group was plan­ning to file the com­plaint, but couldn’t con­firm that a claim pre­sented to her was the same one offi­cially received by the United Nations.

In any case, the peti­tion, when it is received, should be trans­ferred to the legal office and head­quar­ters,’’ Van Den Wilden­berg said.

Mov­ing for­ward on the case could be tricky.

The U.N. has immu­nity from national courts but “one would hope that the Sec­re­tary Gen­eral would address this with great moral seri­ous­ness,’’ Ruth Wedg­wood, a pro­fes­sor of inter­na­tional law and diplo­macy at Johns Hop­kins’ School of Advanced Inter­na­tional Stud­ies, said after read­ing the peti­tion. “It’s a lot of money but if the facts as alleged as true it’s a seri­ous harm.’’

The U.N. force, known by its French acronym Minus­tah, arrived in 2004 fol­low­ing the ouster of then-President Jean-Bertrand Aris­tide. The mission’s man­date was renewed last month for another year, though troop num­bers are being reduced from almost 13,000 to 11,500.

The renewal coin­cided with anti-U.N. protests in Haiti. Demon­stra­tors accused the world body of doing more harm than good, cit­ing the cholera out­break and an unre­lated abuse scan­dal involv­ing Uruguayan sailors.

The peace­keep­ing mis­sion has helped keep order in the coun­try and ensured two peace­ful trans­fers of power but some Haitians view the force as an affront to national sovereignty.

See Orig­i­nal Post: http://articles.boston.com/2011–11-09/news/30374324_1_cholera-outbreak-sanitation-claims

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