It was 11 on a Tuesday night nearly six years ago when Jean-Clair Desir's mother fell ill with cholera in the Boucan-Carre district of Haiti's central highlands.
"She started vomiting with diarrhea," Desir recalls. "I made oral rehydration for her, nothing worked. She died at 3 in the morning." She never made it to a hospital or clinic and so probably wasn't counted as a cholera victim.
After burying his mother, Desir, a third-year student at Haiti's University of Agronomy Sciences, nearly died of cholera himself.
Desir and his mother are among at least
770,000 Haitians
Since cholera is now endemic in Haiti, the epidemic
continues
And there's new evidence that the toll from Haiti's ongoing cholera epidemic is significantly higher than official tallies suggest. Meanwhile, survivors appear to be making headway in a legal and public relations campaign to gain compensation from the agency they blame for introducing cholera to the island nation: the United Nations.
A study, which appears this month in Emerging Infectious Diseases, indicates Haiti's official count of cholera cases and deaths are a big understatement. A house-to-house survey in four communities — two urban and two rural — has uncovered nearly three times more cholera deaths in the first six months of the epidemic than officially recorded. In some hard-to-reach villages, researchers found, cholera killed 1 in every 20 residents in the early months of the outbreak.
"It is likely that many other areas in the country suffered similar rates of death occurrence," says
Dr. Francisco Luquero
It's widely believed that U.N. peacekeepers — possibly just a single soldier —
brought cholera to Haiti
Poor sanitation at a U.N. camp
Daniele Lantagne
"I and the panel believe, and the scientific consensus is, that the most likely source was a peacekeeper or peacekeepers" at the U.N. encampment, Lantagne told NPR. "There is not an alternative hypothesis that is credible."
She adds that DNA analysis strongly suggests "this outbreak was probably started by one or very few infected, asymptomatic individuals — I would guess one."
Dr. Louise Ivers
"This is a very important paper," Ivers says. "We've said all along that we thought cholera had a much bigger impact than the numbers were showing. There was no possible way all those deaths were being counted. I do think it raises the stakes in terms of what happens."
Those stakes are already very high. A three-judge federal appeals court panel held a
hearing
A federal district judge last year
dismissed
The lawsuit was brought by the Boston-based Institute for Justice and Democracy in Haiti and a sister group in Haiti on behalf of 5,000 cholera victims. They
want
The plaintiffs contend the U.N. forfeited its legal immunity when it failed to launch an internal process to adjudicate the plaintiffs' claims, as they say its own commitments require.
"The U.N.'s conditional immunity does not authorize impunity," plaintiffs' attorney Beatrice Lindstrom told the three-judge appeals panel.
The judges seemed to be struggling to find a way to provide some compensation to Haitian cholera victims.
For instance, Judge
Barrington Parker
Blain said the U.S. government "certainly recognizes that this is an unfortunate and tragic humanitarian catastrophe," but asserted that the U.N. has "absolutely immunity ... for a very important reason."
She was alluding to U.N. officials' fear that if the Haitian plaintiffs succeed in piercing the agency's cloak of immunity, it will open the way to unlimited lawsuits seeking compensation for acts of the U.N. or the 150,000 peacekeeping forces it sends out into the world each year.
But this argument is being
sharply challenged
In a letter to U.N. Secretary General Ban Ki-moon presented on March 15 to the U.N. Human Rights Council, the rapporteurs rejected the argument that compensating Haitian cholera victims would be "opening the floodgates to claims against the United Nations." This is believed to be the
first time the U.N.'s human rights watchdogs have criticized the agency itself, ra
The rapporteurs also criticized the U.N.'s efforts to control cholera through clean water and sanitation as "clearly insufficient." So far the U.N.
has spent
In unusually blunt language, the rapporteurs told Ban that the U.N.'s denial of "an effective remedy" for cholera "challenges the credibility of the Organization as an entity that respects human rights."
NPR asked the secretary general's office for a copy of his response to the rapporteurs' letter. A spokesman said Ban's response could not be released. But he said the secretary general told the rapporteurs that he "reaffirms the U.N.'s commitment to the fight against cholera in Haiti and the protection and promotion of human rights."
In perhaps the most significant disclosure, the spokesman said Ban welcomes the rapporteurs' offer "to discuss further what additional steps might be taken to assist the victims of cholera and their communities." It's evidently the first time Ban has hinted at the possibility of such a discussion.
Meanwhile, the U.N. has received
thousands of letters
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