A/HRC/20/35
40.
The Independent Expert calls upon the Government of Haiti to implement, with the
necessary discretion and rigour, the recommendations on vetting police officers, and
recommends that the High Council of the National Police meet to take decisions in this
regard.
41.
The Independent Expert further recommends that the Special Representative of the
Secretary-General in Haiti and the Haitian authorities should make an unequivocal joint
statement on continuation of the process so that it is understood by all that the reform of the
National Police is desired by the Government, and has not been imposed from outside.
42.
Security Council resolution 2012 (2011) also notes that the national plan for the
reform of the Haitian National Police was drawing to a close in December 2011 and that a
new five-year plan should be drawn up for 2012. Such a plan should include clear
instructions for implementing the vetting process.
D.
Protection
Office of the Ombudsman
43.
Article 207 of the 1987 Constitution established an Office of the Ombudsman to
protect all persons against any form of abuse by the authorities. Since being designated,
Florence Elie has shown her determination to make this national institution into the haven it
was intended to be in the Constitution. She has established regional offices to bring it closer
to the people and has drawn up a strategy together with donors, MINUSTAH and the
International Organization of La Francophonie.
44.
In his first report to the Council (A/HRC/11/5, para. 31), the Independent Expert
argued that the mandate of the Office of the Ombudsman should be extended and its
capacity be strengthened with the establishment of a post of “Deputy Ombudsman”.
Obviously, it is for the Office of the Ombudsman itself to determine how it is organized and
what strategies to draw up. Nonetheless, the Independent Expert calls upon it to consider
whether it is now appropriate to recruit a Deputy Ombudsman.
45.
The Independent Expert welcomes the adoption of the organic law on the Office of
the Ombudsman by the Senate in March 2012, which establishes the scope and means of
action of the Office, thus bringing it into line with the Paris Principles.9
46.
It is now for the authorities to provide the Office of the Ombudsman with the budget
it requires to do its work. The Independent Expert should like to point out that the Office is
currently supported to a great extent by a number of international partners.10 According to
the Paris Principles, though, adequate funding must be provided by the national authorities,
with supplementary external funding possible for specific programmes.
47.
When the Office submits its application for accreditation to the United Nations, the
application must contain not only the formally required information, but also proof that the
Office’s funding is included in the budget approved by the national parliament, with an
indication of the portion covered and of items financed by donors.
9
10
10
At the time of writing, the bill had been amended by the Chamber of Deputies and had been sent back
to the Senate for another reading.
A coordination committee, chaired by the Office of the Ombudsman, has been set up with donors to
coordinate the development strategy and ensure an exchange of information.
GE.12-13208
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