A/HRC/14/44
___________________________________________________________________________________________________________
2.
Children
31. Children are particularly vulnerable in crises and humanitarian disasters, and their
vulnerability is intensified by their separation from their families or habitual environment,
the lack of restrictions on their behaviour, and the ambient violence of the streets and
camps. These circumstances expose them to networks of traffickers, who did of course exist
before the earthquake but who are now taking advantage of a situation which facilitates
their criminal activities. The United Nations Children’s Fund (UNICEF) and other
specialized agencies have done excellent work in terms of documentation, identification,
family reunification, and provision of shelter, care and protection. However, owing to the
large numbers of children isolated or even orphaned as a result of the mass displacement of
people to other towns, the risks of kidnapping, illegal adoption and sexual violence against
children persist. There remains a large number of unaccompanied children and children
taken in by other families under circumstances which encourage resort to the restavek
system,9 which existed before the humanitarian crisis. The independent expert is
particularly worried about the allegations of a certain volume of trafficking in children
across the border with the Dominican Republic. He recommends that the work of UNICEF
and other specialized agencies should receive broad support and that, in the context of the
efforts to combat the restavek phenomenon, use should be made of the recommendations
contained in the report of the Special Rapporteur on contemporary forms of slavery,
including its causes and consequences, concerning her mission to Haiti
(A/HRC/12/21/Add.1) and in his own previous report (A/HRC/11/5).
32. Foreign families which have prepared adoption papers want the adoption to be
completed quickly, sometimes at risk of circumventing the legal procedures put in place by
the Haitian authorities. Even before the disaster, attempts to kidnap children or to
circumvent adoption procedures had been documented. Other allegations refer to adoption
or attempted adoption by families wishing to help children in distress. According to the
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry
Adoption, international adoption should be envisaged only as a last resort, when all internal
alternatives have been exhausted and only after the competent authorities have verified the
lack of a relative or guardian to take care of the child. It is thus a matter for the Haitian
authorities, with the support of MINUSTAH, to ensure that appropriate arrangements and
safeguards are introduced to prevent children from being removed from their country
without undergoing a complete legal procedure of international adoption.
33. Owing to the unsafe condition of buildings and the mass displacement of population, a
very large number of children have been compelled to interrupt their schooling indefinitely,
a circumstance which further aggravates a difficult situation in Haiti where the right to
education is concerned.
3.
Persons with disabilities
34. Before the earthquake Haiti already had 800,000 persons with disabilities, i.e. a tenth
of the country’s population; today, the proportion of persons who have lost a limb or have
become paraplegic or tetraplegic will have exploded as a result of the earthquake and its
aftershocks. According to Michel Péan, Secretary of State for the Integration of Persons
with Disabilities, more than 5,000 persons have acquired disabilities as a result of injuries
caused by the earthquake. The Committee on the Rights of Persons with Disabilities has
pointed out that, under the Convention on the Rights of Persons with Disabilities, States
9
The restavek (from “reste avec” (stay with)) are children, often from large rural families, who are
sent to live with other rural or urban families, where they are supposed to receive education in
exchange for domestic work. They are forced to work and often suffer exploitation, including sexual
exploitation, and do not necessarily obtain the promised education.
GE.10-13204 (EXT)
9
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