A/HRC/20/35 MINUSTAH Human Rights Section 48. The Independent Expert has argued in favour of the MINUSTAH Human Rights Section gradually leaving the MINUSTAH logistic base and setting up a country office of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in the city centre. The people and civil society organizations must have free access to the human rights unit, which must no longer be seen as part of the military presence. 49. Insofar as MINUSTAH is a comprehensive United Nations mission, this change must take place gradually, step-by-step, taking into account future decisions concerning the renewal of the Mission’s mandate. Ultimately, this will make it possible to establish a tangible, dual system of protection in Haiti like the one that exists in other countries, whereby the Office of the Ombudsman, acting as the national human rights body, provides protection at the national level, while at the international level OHCHR provides genuine oversight in a location close to the population, in the centre of Port-au-Prince. III. Economic, social and cultural rights 50. When the Council renewed the mandate of the Independent Expert, it invited him to bring his experience and expertise to bear and contribute “to the cause of human rights in Haiti, with a particular emphasis on economic, social and cultural rights”.11 A. Concept of a State based on the rule of law and economic and social rights 51. In the field of economic, social and cultural rights, the Independent Expert has on numerous occasions pointed out that economic exclusion poses a threat to political stability in Haiti and that sustainable development is unthinkable without the strong and continuous support of the international community, allowing for a genuine strengthening of institutions – the sole guarantee that basic social services will be provided. 52. Establishing the rule of law cannot be done simply by defending civil and political rights through a reform of the courts and the criminal justice system, the police and the prison system. Establishing the rule of law12 also means ensuring that public institutions and services are functioning. Over and above the safety of persons and goods, such services must also provide for the enjoyment by all citizens of the economic, social and cultural rights listed in the International Covenant on Economic, Social and Cultural Rights, ratified by the Haitian parliament. The ratification reflects the will of the Haitian authorities to work for the realization of the economic, social and cultural rights of all Haitians, and to work in the long term against poverty and social exclusion. 53. Ratification of the International Covenant on Economic, Social and Cultural Rights is an important step in broadening the scope of human rights protection, as it consolidates the foundation for a State based on the rule of law. It also paves the way for development cooperation beneficial to Haiti. Under this instrument, the international community is 11 12 GE.12-13208 Statement PRST/9/1. Also addressed by United Nations Security Council resolution 2012 (2011), which states that: “… progress in the recovery and reconstruction of Haiti, as well as in Haiti’s social and economic development, including through effective international development assistance and increased Haitian institutional capacity to benefit from this assistance, is crucial to achieving lasting and sustainable stability”, and reiterates “the need for security to be accompanied by social and economic development”. 11

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