An agreement on the protection of the status of the MSS mission asigned between Kenya and Haiti, obtained by AyiboPost, establishes the relationship of force to the Haitian authorities, as well as the immunities and privileges of its members
The first contingent of Kenyan officers from the Multinational Security Support (MSS) mission in Haiti landed at the Toussaint Louverture International Airport, in Port-au-Prince, on Tuesday, June 25, 2024.
Kenya Airways landing at Toussaint Louverture International Airport, June 25, 2024. | © Jean Feguens Regala/AyiboPost
These agents are to accompany Haitian forces in their fight against gangs and help stabilize the country before elections are held.
An agreement on the status protections for the MSS mission signed between Kenya and Haiti, obtained by AyiboPost, establishes the relationship of the force to the Haitian authorities, as well as the immunities and privileges of its members.
According to the document, personnel are not subject to inspection on arrival in Haiti, do not pay taxes on their income and emoluments, and do not pay local taxes on purchases made for official use.
The text grants immunity to mission staff and local contractors in the performance of their duties. No member of the mission can be imprisoned in Haiti.
Any criminal prosecution will be conducted in the country of origin of the officer involved. A member of the mission apprehended in flagrante must be handed 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. Relevant policies, procedures and measures were not made public.
No member of the mission can be imprisoned in Haiti. Any criminal prosecution will be conducted in the country of origin of the officer involved.
The mission and its contractors may import materials, equipment and provisions free of taxes and duties. The government must establish temporary customs facilities for this purpose. Non-Haitian contract workers remain exempt from taxes.
The mission and its contractors may set up retail stores for the use of their members. Local staff cannot benefit from these institutions’ services.
The mission can also set up radio stations to disseminate information related to its mandate to the public.
No MSS mission operation is subject to financial review. And the mission can re-export or transfer its goods, equipment and provisions that have not been donated to the Haitian government.
Kenyan police officers on the tarmac of the Toussaint Louverture International Airport.
Interviewed by AyiboPost about the immunity granted to MSS mission personnel, the Minister of Justice and Public Security, Carlos Hercule, maintains that it is a « standard agreement, practically a copy of the United Nations Convention [of 1946] on diplomatic privileges and immunities. »
The minister did not provide information on the Kenyan officers’ first actions.
« It is the Haitian authorities who will determine where they are going, what their mission will be and to what extent they can provide assistance, » Hercule said. « It is a contingent that is on hand and will respond to the orders of the Haitian National Police and the Haitian Armed Forces. »
A small crowd, including about 20 journalists, gathered to watch the Kenyan’s disembark near the Toussaint Louverture Airport yesterday, Tuesday.
At around 9:20 a.m., a white aircraft stamped « Kenya Airways » landed on the tarmac of the Toussaint Louverture Airport.
The journalists’ cameras strafed the plane with impatient clicks.
Spectacular gathering of journalists at the outskirts of Toussaint Louverture International Airport, aiming to take some shots during the landing of the first contingent of Kenyan officers from the Multinational Security Support Mission (MSSM) on June 25, 2024.
« Finally! They are here, » said a relieved Jacques Sainté, a shoeshiner, visibly in his forties, who came to witness the scene.
Sainté fled gang violence with his daughter in July 2022 in Cité-Soleil. Since then, they have never returned home.
The emaciated man, who says he feels like he is reliving history, told AyiboPost that he witnessed the landing of the United Nations Stabilization Mission in Haiti in 2004.
He remains cautious after emerging disappointed following MINUSTAH’s departure in 2017.
Read also: A look back at 15 years of UN failures in Haiti
The mission has been responsible for multiple cases of human rights violations and introduced cholera into the country.
« I have only one hope: here it is, » says Sainté, turning his back on the plane and pointing his finger to the sky.
In the street, next to the airport, a mixture of enthusiasm, indifference and sometimes disappointment can be seen on the faces of passers-by and the hundreds of people who came to watch the landing.
The first contingent arrives in a country stricken by gangs, in search of respite.
With a history of colorism, Haiti remains culturally different from the other countries in which Kenya has traditionally intervened.
« Kenyans have black skin, but I believe they are all white people sent by the United States. And I don’t like white people, » said Violette Exume, a 35-year-old mother, who left her house in Delmas to come and watch the landings.
The woman hopes for a respite with the mission, but fears that the bad practices of past interventions will be repeated.
« I wish I could live quietly without worrying about being kidnapped, she said. It’s not possible to go on like this. »
Agents of the Haitian National Police (PNH) are directing traffic as senior government officials arrive at Toussaint Louverture International Airport on June 25, 2024.
On February 29, gangs launched a violent assault on several institutions in the country.
They caused the largest escapes in the past decade from Port-au-Prince’s two largest prisons, burned and looted homes and shops, and led to the internal displacement of more than half a million people.
The then Prime Minister, Ariel Henry, had to resign in a letter signed in Los Angeles on March 24, 2024 after being abandoned by his international partners.
Talks between various political actors, initiated in 2023 under the guidance of the Caribbean Community, resulted in the establishment of a nine-member transitional presidential council on March 11, 2024.
Three months later, a new cabinet headed by Prime Minister Gary Conille officially took over the reins.
In a video released over the weekend, one of the country’s most powerful gang leaders, Jimmy « Barbecue » Cherizier, appealed to the prime minister for « dialogue. »
In response, the head of government asked the gangs to lay down their arms and recognize the authority of the State « before any other measures » in a press conference on Tuesday.
Prime Minister Garry Conille at a press conference with senior Kenyan officials, including the head of the delegation, Monica Juma, at the Prime Minister’s Office, June 25, 2024.
« It’s no longer a movie, » said a motorcyclist yesterday near Toussaint Louverture Airport. « Tell Barbecue that we will come to dialogue with the weapons, » he added.
The head of the Kenyan delegation, Monica Juma, speaking at the press conference held on June 25, 2024 at the Prime Minister’s Office.
By Widlore Mérancourt, Wethzer Piercin & Jérôme Wendy Norestyl
Cover image: Prime Minister Garry Conille at a press conference with senior Kenyan officials, including the head of the delegation, Monica Juma, at the Prime Minister’s Office, June 25, 2024.
Photos by Jean Feguens Regala/AyiboPost.
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