A/HRC/14/44
___________________________________________________________________________________________________________
should take all necessary measures to ensure the safety and protection of persons with
disabilities in situations of risk and disasters such as earthquakes.10 Local NGOs working in
this field have repeatedly pointed to the difficulties resulting from the scant attention paid to
disability, as is unfortunately the case in many countries, as well as to extreme poverty,
which is even more widespread among persons who find it difficult to work. The
international community is now confronted with a sharp increase in the number of persons
with disabilities as a result of the injuries and loss of limbs caused by the earthquake. At the
beginning of February, Handicap International estimated that a minimum of 1,000
prosthetic lower limbs would have to be produced for the many persons who suffered
amputation following the earthquake in early January. Haiti’s main source of prosthetic
devices before the disaster (Healing Hands for Haiti) was largely destroyed, rendering
international assistance with the provision of prosthetic and orthotic devices all the more
necessary.
35. The independent expert recommends broader distribution and improved use of the
General Guidelines for the protection and inclusion of injured persons and people with
disabilities, published by Handicap International,11 in particular with regard to evacuation
operations.
36. He also recommends that the services of the Office of the Ombudsman12 should be
commissioned to investigate possible infringements of the rights of persons with disabilities
and to ensure that their rights are respected.
4.
Forced return
37. Cases of the forced return of Haitians have been repeatedly documented by
international organizations and the press. Several cases have been reported of interception
on the high seas of migrants who were trying to flee the country but were forcibly returned
to Haiti. Many countries have announced that they are suspending forced-return
programmes, but others have stuck by the decisions taken before the natural disaster, thus
piling victims on top of victims. The independent expert is extremely concerned about these
decisions and he points out that the Office of the High Commissioner for Human Rights
and the Office of the High Commissioner for Refugees have issued a joint emergency
appeal to countries to suspend all forced returns to Haiti because of the persisting
humanitarian crisis.
38. At least for the stabilization period and until these persons can return safely and
permanently the independent expert recommends that all countries should refrain from
expelling Haitians and continue to provide decent temporary arrangements for their
protection on humanitarian grounds.
D.
The destroyed cornerstones of the rule of law
1.
Haiti’s National Police
39. On 12 January 2010 and over the next few days the National Police suffered very
heavy losses of life and equipment: the figures show 75 police officers killed, some 70
disappeared, and 253 injured. The National Police Headquarters building and about 40
police stations, sub-stations and administrative offices were affected by the earthquake.
10
“Haïti: Les handicapés risquent d’être les oubliés de la reconstruction du pays » (Haiti: Persons with disabilities risk
becoming the forgotten ones of the country’s reconstruction), press release of 9 February 2010
(http://www.un.org/apps/newsFr/storyF.asp?NewsID=21178&Cr=Ha%EFti&Cr1=)
11
www.handicap-international.de/fileadmin/newsFr/storyFrench.asp?NewsID=21178&Cr=Ha%EFti&Cr1=.
12
Article 207 of the 1987 Constitution created the Office of the Ombudsman in order to protect citizens against all forms
of abuse by the public administration.
10
GE.10-13204 (EXT)
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