Alternative Dispute Resolution (ADR) Training Program

Improving Justice Sector Delivery and Sector Reform in Haiti

Contract: 521-C-00-09-00018-00

Implemented by:

DPK Consulting 605 Market Street, Suite 800 San Francisco, CA 94105 Project Address: 11, Rue Rosa Canapé Vert Port-au-Prince, Haiti

August 2010

DISCLAIMER This publication was produced for review by the United States Agency for International Development. It was prepared by DPK Consulting, A Division of ARD, Inc. The views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

Alternative Dispute Resolution (ADR) Training Program Haiti PROJUSTICE Project

ALTERNATIVE DISPUTE RESOLUTION (ADR) TRAINING PROGRAM

TABLE OF CONTENTS

PAGE ACRONYMS ii 1. INTRODUCTION 1 2. ADR TECHNIQUES 1 3. THE INTERNALLY DISPLACED PERSONS’ CAMPS 2 4. MEDIATION TRAINING 3 5. TRAINING ASSESSMENT 5 6. RECOMMENDATIONS 6 ANNEXES 8

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ACRONYMS

ADR Alternative Dispute Resolution COP Chief of Party DCOP Deputy Chief of Party GOH Government of Haiti HNP Haitian National Police IDP Internally Displaced Persons IOM International Organization for Migration MINUSTAH Mission des Nations Unies pour la Stabilisation en Haïti MJPS Ministry of Justice and Public Security NGO Non-Governmental Organization UNDP United Nations Development Program USAID United States Agency for International Development

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1. INTRODUCTION The January 12, 2010 earthquake was one of the worst natural disasters in Haiti’s history. In a matter of seconds, it caused a devastating number of deaths and severe structural damage to most buildings in Port-au-Prince, Leogane, and Petit-Goâve. Hundreds of thousands of residents of Port-au-Prince and Petit-Goâve became homeless. Due to the chaos and lack of proper government services, the precise numbers of internally displaced persons were unknown, but estimates were of around 1.5 million (see Annex B). Those who lost their homes started setting up makeshift shelters on vacant public and private property, turning these into densely populated areas. In this report, these areas will be referred to as internally displaced persons camps or IDP camps. In Port-au-Prince alone, the number of displaced people was estimated to be around 750,000. In addition to heavy infrastructure damage and severe disruption of government services, the earthquake dislocated the survivors’ daily routine. Tens of thousands of people from different neighborhoods, socio-economic backgrounds, and age groups were forced to live in IDP camps. The conditions of these camps in the greater Port-au-Prince metropolitan area and in the municipality of Petit-Goâve, both target jurisdictions of PROJUSTICE, were very poor. It soon became clear that the conditions in IDP camps would create tension and violence among residents. Differences in political strategy delayed some provision of services in the camps, as the Government of Haiti (GOH) wished the camps to be dismantled as quickly as possible. In early April 2010, the Project planned its first alternative dispute resolution (ADR) training program for community leaders of IDP camps in the target jurisdictions of Saint-Marc, Petit-Goâve, and Cité Soleil. Both USAID and the Ministry of Justice and Public Security (MJPS) approved these trainings. PROJUSTICE staff conducted the trainings of reference on July 6-7 in Petit-Goâve, July 13-14 in Saint-Marc, and July 20-21 in Cité Soleil. Seventy-three camp committee members participated in these trainings. This report details the content, implementation, and outcome of the training provided by PROJUSTICE on ADR.

2. ADR TECHNIQUES 2.1 ADR UNDER HAITIAN CIVIL LAW In addition to arbitration, Haitian civil law contemplates two ADR techniques: conciliation and mediation. Conciliation is defined in Article 60 of the Haitian Criminal Procedural Code and Article 91 of Decree of the August 22, 1995 as an alternative to court decisions. The conciliator proposes a solution that may or may not be accepted by the parties in conflict. In the Haitian judicial system, only justices of the peace can legally solve cases through conciliation. The preamble to the Decree of December 28, 2005 on Civil Code Reform states that conciliation is an alternative method of dispute resolution. Although the decree highlights the importance of conciliation, it does not clearly articulate when a court may refer a particular case to such alternative methods. The law is also silent on the ADR process itself. Conciliation in the Haitian civil law justice system confers a decisive role to the judge-conciliator in the settlement of the litigation.

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Under Haitian law, a mediator or facilitator facilitates dialogue between the parties but cannot propose a solution. Accordingly, the parties must settle their differences on their own. In a sense, mediation in Haiti operates as a community-based method of dispute resolution and is not a formal part of the judicial system. 2.2 PROJUSTICE’S ADR PROGRAM The original work plan of the Project contained mediation training for the leaders or “notables” in remote areas of Haiti. However, in the wake of the January 2010 earthquake, IDP camps became hotspots of violence and conflict. In order to meet the emerging needs in Haiti, the Project decided to conduct community mediation training for the leaders of the IDP camps. PROJUSTICE developed a training module to introduce IDP camp representatives to mediation as an ADR technique. In addition, PROJUSTICE developed modules for a two-day refresher course in conciliation intended for the justices of the peace within the framework of the Project’s roving justice program. The Project’s conciliation training course was designed to review the conciliation process in Haitian courts. The course differentiated conciliation from mediation and elaborated on conciliation principles, the role of the conciliator, and the different stages of the procedure (see Annex A).

PROJUSTICE presented the curriculum of the conciliation training course to both the Minister of Justice and the Director of the School of Magistrates and was given verbal approval by both. PROJUSTICE planned to deliver conciliation trainings for roving justices of the peace in the three target jurisdictions (Petit-Goâve, Saint-Marc, and Cité Soleil). However, during a meeting held on July 1, 2010 with PROJUSTICE COP Claudio Santorum, DCOP David de Giles, and Senior Advisor Marceau Edouard, the Minister of Justice rescinded his prior approval of this activity and suggested postponing it.

3. THE INTERNALLY DISPLACED PERSONS’ CAMPS 3.1 GENERAL TYPOLOGY During the past six months, the IDP camps have been home to 1.5 million Haitians. The profiles and needs of the individuals residing in the IDP camps vary significantly. Some residents are people who owned homes before the quake and are now homeless; some are individuals who were renting and now prefer to live in IDP camps to save money; and some are people who could otherwise stay with family or friends but choose to stay in IDP camps particularly when NGOs distribute supplies. IDP camps are visibly disorganized. Tents are arranged haphazardly and there is a complete lack of infrastructure. Most of the IDP camps are within 60 kilometers of Port-au-Prince, in the 12 communes of the Western Department. Some camps host less than a hundred families, while others are home to more than 400–500 households. A Displacement Tracking Matrix developed by the International Organization for Migration (IOM) (see Annex B), provides the following numbers for the displaced population: Area 1 – Port-au-Prince and surrounding areas (including Pétionville):

1,369,592 individuals in 311,271 households; Cité Soleil’s displaced residents total 89,896.

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Area 2 and 3 – Gressier, Leogane, Grand-Goâve, and Petit-Goâve:

352,752 individuals in 80,171 households; Petit-Goâve’s displaced residents total 37,734. 3.2 CONDITIONS IN THE CAMPS In addition to the health hazards that are inherent in living in tents among hundreds or thousands of individuals, IDP camp residents face other threats. Some of these include petty theft, arson, intimidation by young criminals, rape, and domestic disputes. According to the residents, the NGOs are poorly organized and the distribution of supplies is uneven and scarce.

4. MEDIATION TRAINING The mediation training took place over a period of three weeks in the Project’s three target jurisdictions: Petit-Goâve: July 6-7, 2010 Saint-Marc: July 13- 14, 2010 Cité Soleil: July 20- 21, 2010.

4.1 SELECTION, IDENTIFICATION, AND LEVEL OF PARTICIPANTS Prior to training, Project staff visited Petit-Goâve, Saint-Marc, and Cité Soleil to identify and contact IDP camp committee members to participate in the training. PROJUSTICE sought to evaluate the leaders’ interest in mediation training, their skills, average educational level, and ability as IDP or camp community leaders. The Project was able to identify university students, community leaders, and a few local officials and preachers. Their ages ranged from early twenties to late fifties. (See Annex D) 4.2 TRAINING MODULE The introductory mediation training sought to introduce to IDP camp representatives and residents the basic skills of a mediator. Specifically, participants were instructed that a mediator should be able to safely intervene in volatile situations that might develop in IDP camps, ease tensions in the camps, and facilitate the reconciliation of those involved in a dispute or conflict. The approach was inclusive and participatory. Throughout the training, volunteers worked in groups of two or three. The presentations, made in Creole, included an analysis of real and simulated cases to illustrate abstract mediation concepts. The simulation exercises illustrated interpersonal conflicts, a mediation session, and the negotiation process. Project staff members noted the reactions, observations, and comments of the participants. These observations were analyzed through group discussions. Most of the participants had previous experience in resolving or easing conflict between IDP camp residents and therefore the discussions built on their actual experiences. Participants were guided on how to integrate mediation concepts into their work as mediators. In order to successfully resolve a conflict, the mediator must be able to clearly define the problem, facilitate communication between parties, and create feasible options for negotiations.

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The mediation training covered (1) understanding the nature of the conflict, (2) the mediation process, and (3) the negotiation process. The training material consisted of 10 printed PowerPoint slides summarizing the stages of conflict from beginning to resolution (see Annex C). 4.3 TRAINING IN THE PILOT JURISDICTIONS AND PARTICIPANTS’ RESPONSE PROJUSTICE invited IDP camp resident committee representatives in Petit-Goâve and Saint-Marc to participate in the training. The participants in Cité Soleil were mostly community association leaders. PROJUSTICE currently oversees an access to justice program (Kay Jistis) in Cité Soleil, thus it was feasible to invite community leaders in addition to IDP camp committee members.

4.3.1 Petit-Goâve The training was conducted at the By the Sea Hotel located in the north of Petit-Goâve on July 6-7 with 13 male and 7 female participants. Through a conflict simulation exercise, participants were able to highlight a number of gender issues, such as power equilibrium in a relationship, responsible fatherhood, and children born out of wedlock. These issues provoked a lively debate and exchange among participants. Participants gave examples of real disputes between camp residents, the national police, and the MINUSTAH forces. They expressed their concerns about the lack of coordination between the police and camp committee members. The participants asked the Project staff for ideas on how best to approach negotiation with institutional representatives regarding issues of camp security. They acknowledged that better communication would ameliorate the relationship with law enforcement and municipal authorities. At the end of the training session, the site representatives committed to create an association of apprentice mediators. Through this association, mediators would be able to support each other’s work and train other members of the community in mediation skills. The participants agreed with the trainers’ suggestion to use the PowerPoint presentation as a way to initiate interest among camp residents. At the end of the two-day training, participants expressed their interest in possible follow-up activities.

4.3.2 Saint-Marc The second mediation training session was conducted at the Jeffel Hotel in Saint-Marc on July 13-14 with 14 male and 8 female participants. The training workshop demonstrated that conflicts can be negotiated to the satisfaction of all parties involved, thus avoiding pointless confrontations with local authorities and/or NGOs that provide assistance at the IDP camps. At the end of the two-day training, participants had learned how to present collective needs in a reasonable and peaceful manner. The training was much appreciated by attendees who suggested that similar training be replicated nationwide.

4.3.3 Cité Soleil The Cité Soleil training was conducted on July 20-21 with lively participation by 19 men and 10 women. Their active participation could be attributable to the fact that Cité Soleil has been plagued by civil unrest and armed gang violence for the past 20 years. Cité Soleil is one of the most problematic areas of Port-au-Prince.

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At the end of the two-day training, a participant circulated a petition asking other trainees to meet and discuss how to bring their grievances before the NGOs providing assistance at the IDP camps. The participants were unanimous in their agreement to participate and pursue the matter together. The participants also agreed to create an informal association of mediation trainees, and to facilitate follow-up activities by PROJUSTICE.

5. TRAINING ASSESSMENT 5.1 TRAINERS’ GENERAL OBSERVATIONS Participants in all three jurisdictions were clearly motivated to learn conflict resolution techniques. Lively exchanges among the trainees, particularly while role playing in simulation exercises, created a relaxed and jovial atmosphere. Although the content of the training was geared toward the resolution of interpersonal conflict, the participants quickly grasped the applicability of mediation to more complex socio-economic disputes with the authorities. Participants agreed that some of the most common conflicts in the camps involve domestic disputes, petty theft, and business transactions that did not go as planned. A participant in Saint-Marc gave an example of a complex mediation involving Saint-Marc police authorities and two feuding families. One of the families had not paid its debt to the other family, which created severe tension and led to arson. The discussions that followed provided a good overview of the skills a mediator needs to lead a successful dispute resolution. Women trainees eventually became active participants after some initial reluctance. A simulation exercise involving three women and three men highlighted contentious issues between men and women. After an intense debate among participants, participants suggested that PROJUSTICE organize civic fora to specifically address gender issues. 5.2 PARTICIPANTS’ EVALUATIONS At the end of the training sessions in the three target areas, the Project staff distributed evaluation sheets. According to the evaluation results, the training workshop was quite successful. Participants gave the training material and the trainers high scores (9+ for Saint-Marc and Petit-Goâve, 8 for Cité Soleil), but they were not as pleased with the location of the workshop (+/– 7). 5.3 KEY ISSUES As the trainings progressed, trainers identified the following key issues of concern in the IDP camps: Land ownership – Many camps are on private property and owners are not compensated for

the public use of and the damage to their property. Gender relations – Family matters of concern include responsible fatherhood, children born

out of wedlock and their legal status, property rights in common law arrangements, and birth control.

NGO assistance – Participants felt that the NGO community was not well organized and did not effectively respond to their needs.

Local authorities vs. civil society organizations – IDP camp residents are eager to engage authorities in substantive dialogue over a number of legal and socio-economic issues of

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concern to the camps and the larger community. All trainees agreed that there were serious communication issues between citizens and local officials.

5.4 INITIATIVES TAKEN BY PARTICIPANTS Participants took initiative in several areas: An association of “Mediators in Training.” This idea was first brought up by participants

in Petit-Goâve and also arose among trainees in Saint-Marc and in Cité Soleil. Participants expressed the need to ensure that they have a support group in their mediation work. Some participants also view their mediation experience/training as a marketable skill.

NGO/local officials engagement. Participants in all three jurisdictions raised the need to create better communication channels with the authorities and NGOs. In Petit-Goâve, residents expressed the desire to improve working relationships with the HNP and MINUSTAH, to prevent negative incidents during or after an intervention by these authorities. In Cité Soleil, participants vowed to use their new skills to create a substantive and constructive dialogue with NGOs working in the camp.

Assuming continuing funding of the Project, PROJUSTICE intends to follow up these initiatives with the trainees. Participants will have to learn to structure and organize coalitions and plan civic action campaigns. They will be more successful in negotiating successful solutions to their issues with the authorities and NGOs if problems and proposed solutions are clearly articulated. The PROJUSTICE grants program, once approved by USAID, may be an useful avenue for further Project support on these and related issues.

6. RECOMMENDATIONS PROJUSTICE proposes the following recommendations, which are based on participants’ comments and questions and trainers’ observations during the workshops: 6.1 TRAINING COURSE Extend the training course beyond the three pilot jurisdictions. Participants noted that

alternative methods of dispute resolution, particularly community-based mediation, are effective and needed and more camps should receive this type of training. They proposed extending the training to a wider geographical area.

Train more mediators in the field. Participants argued that a low ratio of mediators-to-IDP camps may limit the effectiveness of the training.

Conduct theater performances at the IDP camps. Theatre performances are an effective way of portraying and demonstrating ADR concepts to camp residents while at the same time captivating their attention with entertainment. This suggestion was inspired by the role playing exercises during training. Conflict resolution scripts should target different age-groups and address appropriate issues for each category.

6.2 POST-TRAINING TECHNICAL ASSISTANCE/FOLLOW-UP Place posters advertising ADR in IDP camps. PROJUSTICE suggests placing posters of

some of the PowerPoint slides to create interest among residents on mediation. The posters, with USAID logo underneath, would provide more visibility and public awareness about the

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Project’s work. Grants under the PROJUSTICE grants program may be targeted at such public education in the camps.

Carry out follow-up visits to past training sites. PROJUSTICE suggests monitoring the progress of those that have been trained and organizing case registries for mediated cases. Participants will develop a portfolio of cases they have mediated and that can be used as baseline data for tracking purposes.

Support the mediators in training association. Once progress is being monitored and supplemental training has been provided to a core group of dedicated camp mediators, the association may need financial assistance to carry on its activities. Participants also requested Project support for individuals or groups of individuals who decide to engage local authorities in constructive dialogue in mediation sessions.

Records of mediated cases. There is a need to provide case registries and training on how to keep records of mediated cases, their nature, duration and eventual resolution, gender, and other data relevant to set a baseline and measure results.

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ANNEXES

A. CONCILIATION TRAINING MODULE AND SYLLABUS

B. IOM DISPLACEMENT TRACKING MATRIX

C. MEDIATION TRAINING MODULE AND SYLLABUS

D. MEDIATION TRAINING PARTICIPANTS’ ATTENDANCE SHEETS

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ANNEX A CONCILIATION TRAINING MODULE AND SYLLABUS

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ANNEX B IOM DISPLACEMENT TRACKING MATRIX

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ANNEX C MEDIATION TRAINING MODULE AND SYLLABUS

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ANNEX D MEDIATION TRAINING PARTICIPANTS’ ATTENDANCE SHEETS

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Alternative Dispute Resolution (ADR) Training Program

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Transcript of Alternative Dispute Resolution (ADR) Training Program