Wednesday, 9 October 2013

Haiti victims file cholera lawsuit against UN



by Jennie Matthew

Victims of a Haiti cholera epidemic Wednesday filed a lawsuit demanding compensation from the United Nations over an outbreak that killed more than 8,300 people.


The petition filed at the New York district court said at least 679,000 other people had fallen ill with since the outbreak began in October 2010.


There had been no cholera in Haiti for at least 150 years until it was brought by UN peacekeeping troops from Nepal, lawyer Ira Kurzban told a news conference.


The United Nations, which refused to reach an out-of-court compensation settlement, said in February it was legally immune from action over the epidemic.


On Wednesday, a UN spokesman, Farhan Haq, said of the lawsuit: "The UN remains committed to do all it can to help the people of Haiti overcome the cholera epidemic.


"It is not UN practice to discuss in public claims filed against the organization."


"Our comments from previous months stand."


The source of the cholera epidemic was traced to a river that runs next to a UN camp in the central town of Mirebalais, where Nepalese troops had been based.


The strain of cholera the deeply impoverished Caribbean nation is the same as one endemic in Nepal.


"The outbreak resulted from the negligent, reckless, and tortious conduct of the defendants," said a copy of the petition seen by AFP.


It lists the defendants as the United Nations, the UN Stabilization Mission in Haiti and at least two of their officers.


"We feel in this lawsuit we're going to win," Kurzban told reporters.


"This is a unique set of circumstances for which the United Nations cannot behind the shield of immunity."


The US-based Institute for Justice and Democracy in Haiti (IJDH), which is representing 8,000 victims and families of those who died, says cholera continues to kill about 1,000 Haitians a year.


In May, the victims gave the United Nations a 60-day deadline to reach a compensation deal or face a lawsuit.


Lawyers at the time sought $100,000 for the family of each victim who died and $50,000 for each survivor, which could take the claim into several billion dollars.


On Wednesday IJDH spokeswoman Beatrice Lindstrom told reporters it would up to the jury to set the limits of the compensation figure in court.


The epidemic dealt a new blow to Haiti as it struggled to overcome the strife caused by a January 2010 earthquake that killed 250,000 people.


The UN said in February that the complaint from victims' lawyers was "non-receivable" under a 1946 convention setting out the UN's immunities for its actions.


In December, UN Secretary General Ban Ki-moon launched a $2.2 billion appeal, however, to raise money to provide and health facilities in Haiti.


Kurzban accused the United Nations of stonewalling and said it had failed to meet fundraising goals on efforts to provide clean water and proper sanitation in Haiti.


He said lawyers would fight to the end and appeal if the New York district court dismisses the case.


"We're certainly going to continue to fight this case. We believe very strongly in the principles of accountability for the United Nations," he said.


The has been filed in New York as the city where the United Nations is headquartered. New York also has a substantial Haitian community.


The petition said the Haiti epidemic had also resulted in additional cholera cases in Cuba, the Dominican Republic and the United States, at least.



© 2013 AFP


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by Jennie Matthew

Victims of a Haiti cholera epidemic Wednesday filed a lawsuit demanding compensation from the United Nations over an outbreak that killed more than 8,300 people.


The petition filed at the New York district court said at least 679,000 other people had fallen ill with since the outbreak began in October 2010.


There had been no cholera in Haiti for at least 150 years until it was brought by UN peacekeeping troops from Nepal, lawyer Ira Kurzban told a news conference.


The United Nations, which refused to reach an out-of-court compensation settlement, said in February it was legally immune from action over the epidemic.


On Wednesday, a UN spokesman, Farhan Haq, said of the lawsuit: "The UN remains committed to do all it can to help the people of Haiti overcome the cholera epidemic.


"It is not UN practice to discuss in public claims filed against the organization."


"Our comments from previous months stand."


The source of the cholera epidemic was traced to a river that runs next to a UN camp in the central town of Mirebalais, where Nepalese troops had been based.


The strain of cholera the deeply impoverished Caribbean nation is the same as one endemic in Nepal.


"The outbreak resulted from the negligent, reckless, and tortious conduct of the defendants," said a copy of the petition seen by AFP.


It lists the defendants as the United Nations, the UN Stabilization Mission in Haiti and at least two of their officers.


"We feel in this lawsuit we're going to win," Kurzban told reporters.


"This is a unique set of circumstances for which the United Nations cannot behind the shield of immunity."


The US-based Institute for Justice and Democracy in Haiti (IJDH), which is representing 8,000 victims and families of those who died, says cholera continues to kill about 1,000 Haitians a year.


In May, the victims gave the United Nations a 60-day deadline to reach a compensation deal or face a lawsuit.


Lawyers at the time sought $100,000 for the family of each victim who died and $50,000 for each survivor, which could take the claim into several billion dollars.


On Wednesday IJDH spokeswoman Beatrice Lindstrom told reporters it would up to the jury to set the limits of the compensation figure in court.


The epidemic dealt a new blow to Haiti as it struggled to overcome the strife caused by a January 2010 earthquake that killed 250,000 people.


The UN said in February that the complaint from victims' lawyers was "non-receivable" under a 1946 convention setting out the UN's immunities for its actions.


In December, UN Secretary General Ban Ki-moon launched a $2.2 billion appeal, however, to raise money to provide and health facilities in Haiti.


Kurzban accused the United Nations of stonewalling and said it had failed to meet fundraising goals on efforts to provide clean water and proper sanitation in Haiti.


He said lawyers would fight to the end and appeal if the New York district court dismisses the case.


"We're certainly going to continue to fight this case. We believe very strongly in the principles of accountability for the United Nations," he said.


The has been filed in New York as the city where the United Nations is headquartered. New York also has a substantial Haitian community.


The petition said the Haiti epidemic had also resulted in additional cholera cases in Cuba, the Dominican Republic and the United States, at least.



© 2013 AFP


Medical Xpress on facebook

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UN chief tells US it will combat cholera in Haiti


Jul 06, 2013



Secretary-General Ban Ki-moon told members of the U.S. Congress Friday that the United Nations is committed to helping Haiti overcome a cholera epidemic even though it is refusing to pay compensation to victims who blame ...



UN rejects Haiti cholera damages claim


Feb 21, 2013



The United Nations on Thursday formally rejected a multi-billion-dollar damages claim for a cholera epidemic in Haiti that has been widely blamed on UN peacekeepers.



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Dec 29, 2012



The UN chief on Friday named a US health expert as special advisor in fighting Haiti's cholera epidemic, which has claimed more than 7,750 lives and is widely blamed on UN peacekeepers.



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Aug 06, 2013



The United Nations peacekeeping mission in Haiti should be held accountable for introducing cholera into the Caribbean nation, a Yale University report said Tuesday.



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