Since his controversial election in 2017, President Jovenel Moise faced significant unrest from social and political groups, demanding accountability, protesting against insecurity, and calling for his resignation. Amidst the turmoil and stagflation, President Moise ruled by decrees and dismissed the parliament, leading to criticism of his consolidation of power without any checks and balances. Human rights defenders compared these tendencies to the dictatorial regime of the Duvaliers, as highlighted by the Reseau National de defense des droits humains.
On November 26, 2020, the assassinated Haitian President Jovenel Moise enacted two decrees related to national security, one of which created a National Intelligence agency. These decrees were introduced as a response to increasing insecurity in the country. However, despite making references to human rights instruments, the decrees granted extensive powers to surveillance agents. Article 5 provided them with limitless power to monitor individuals, while Article 43 allowed for the use of false identities. Additionally, Article 45 empowered the agents to establish contact with individuals deemed threatening to national interests, collect and analyze their data, and Article 55 provided flashy protection to personal data, privacy, and inviolability of property.
The Port-au-Prince Bar Association and various human rights organizations, including RNDHH, Fondasyon Je klere, and the National Office for Human Rights (OPC), denounced the new decrees and warned of their potential for increased repression. Former Senator Steven Benoit commented on the decrees, referencing the intelligence agency created by Francois "Papa Doc" Duvalier during the dictatorship era, stating that the President does not realize that the country has moved past such practices. On December 12, the Core Group in Haiti expressed concern over the decrees, noting that the immunity granted to intelligence agency agents could lead to abuse and that the decrees did not conform to principles of democracy, the rule of law, and civil and political rights.
The problem with the decree on the National Intelligence Agency is that it grants agents the power to surveil online activities (as outlined in Articles 5 and 45), while there is no provision for legal recourse in cases of abuse, and no effective laws currently exist to protect digital rights, such as cybercrime, personal data protection, and digital investigations. With the increasing use of ICT, surveillance can take various forms that threaten digital rights, particularly privacy-related rights. These forms of surveillance include social media monitoring, communication interception, and video surveillance of individuals.
Despite the
denouncement of the decree by various stakeholders, it is important to note
that in Haiti, there are only two ways to revoke a law: through the
Constitutional Council or direct abrogation by another law. However, the
Constitutional Council exists only on paper, and due to parliamentary
dysfunction, no legislative action can be taken to revoke this decree. Consequently,
the current and future governments can surveil Haitians' online activities with
impunity. Although the decree mentions the recognition of personal data,
secrecy of correspondence, and privacy protection in Article 55, these flashy
protections are not effective due to legal gaps and the limited capacity of
judicial officers to handle digital investigations.
Bibliography
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https://haitiinfospro.com/creation-dagence-dintelligence-le-rapport-qui-contredit-jovenel-moise
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https://haitiprogres.com/news/2021/08/07/haitis-newsreel-ani-still-on-the-table/