A/HRC/17/42
26.
Some national NGOs active in this area try to document the phenomenon properly
on the basis of complaints that are registered and confirmed by an inquiry3 and accompany
victims to hospitals and the courts. Other organizations that have backing from the
international community are less diligent, a situation that, unfortunately, leads to figures
being circulated that are not confirmed by proper inquiry and the spread of alarmist stories
based on unverified reports.
27.
The Independent Expert recommends that a serious and credible study be carried out
with a view to documenting the situation properly, verifying the disparate figures in
circulation on the extent of the problem and providing a quantitative assessment of the
phenomenon in order to ensure that it is better understood and to develop meaningful and
measurable strategies.
28.
All the representatives of organizations with whom the Independent Expert met
agreed that one of the main problems was how the police and the justice system deal with
complaints. Several organizations claim, for instance, that some police stations will not
register complaints lodged by women. Similarly, complaints often produce no results,
because no inquiries are held or the justice system fails to deal with them properly.
Impunity seems to be the rule, which can only dissuade victims from lodging complaints
and encourage perpetrators to commit further offences.
29.
Lastly, the Independent Expert recalls that the Guidelines4 for Gender-Based
Violence Interventions in Humanitarian Settings, compiled by the United Nations and other
international organizations, have been publicized and that staff of the National Police,
MINUSTAH and other international agencies have received appropriate training. The
guidelines should be still more widely publicized, given that they contain many specific
recommendations that apply to the situation in Haiti.
C.
Children
30.
The attention of the Independent Expert has been drawn on several occasions to the
situation of child victims of human trafficking in Haiti or abroad. In meetings with officials
of the United Nations Children’s Fund (UNICEF), he noted the excellent work done by or
with the backing of UNICEF on documentation, identification, family reunification and on
the provision of shelter, care and protection. An unresolved problem is that of the large
number of illegal or undeclared children’s institutions, where families sometimes leave
their children in the laudable hope of ensuring that they receive better care. However, the
legal status of such centres is not verified and no assessment is made of the quality of care
and accommodation provided or whether the institutions might be misused for commercial
ends or trafficking. The Independent Expert recommends that steps be taken to exercise
proper control with respect to illegal children’s centres and that measures be taken to close
facilities that do not comply with the relevant legislation.
31.
The Independent Expert recalls that adoptions should be carried out only when all
the necessary guarantees are in place and they should not be treated as a humanitarian
gesture. He welcomes the firm position expressed on several occasions by the Government
of Haiti which has declared its intention to sign the Hague Convention on Protection of
Children and Cooperation in respect of Intercountry Adoption, and urges the parliament to
include a ratification bill in its work programme.
3
4
GE.11-12426
They include Rights and Democracy, Kay Fanm, Solidarité Fanm Ayisyen (SOFA) and the National
Coordination Committee for Advocating Women’s Rights (CONAP).
http://www.womenwarpeace.org/search/node/gbv%20guidelines.
7
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