A/HRC/17/42
National Police takes the necessary decisions to remove those officers who do not belong in
a democratic police force.
63.
Under the terms of the Secretary-General’s decision on the distribution of tasks
among United Nations institutions and bodies, OHCHR is the lead agency in the
transitional justice and vetting process. Its role is to coordinate and support the process and
monitor its execution, producing the necessary material and publishing tools to allow for
the adoption of a rights-based approach to the process. OHCHR is not conducting the
vetting process itself but performing a support role for those who are. The purpose of
providing such support is to ensure that police officers are treated fairly in the process and
that those guilty of human rights violations are removed from the police force without
infringing their rights. The Independent Expert recommends that the role of OHCHR in the
process be reasserted and that steps be taken to ensure that it is respected.
D.
The Office of the Ombudsman
64.
Article 207 of the 1987 Constitution established the Office of the Ombudsman with
the aim of protecting all persons against any form of abuse by the public administration.
Chosen by consensus by the President of the Republic, the President of the Senate and the
President of the Chamber of Deputies, the Ombudsman is appointed for a non-renewable
term of seven years. Since her appointment as Ombudsman, Ms. Florence Elie has shown
that she has great energy and a first-rate strategic vision, thus confirming the wisdom of
President Préval’s choice. The Ombudsman was also an able co-president of the
international commission of inquiry into the events that took place in the civilian prison at
Les Cayes on 19 January 2010. The Independent Expert had recommended that the matter
should be referred to the courts as a demonstration of the determination of the Haitian
authorities to combat impunity.
65.
Although she, too, was affected by the earthquake of 12 January 2010, which
rendered her offices unusable, she has managed to maintain close relations with the Haitian
authorities and the international community and thus been able to pursue her work, not only
in Port-au-Prince, but also in other cities around the country. She herself, with the backing
of OHCHR, drafted and revised a bill defining the scope and working methods of her
institution and seeking to bring it into line with the Paris Principles, which concern the
status of national human rights institutions. The Independent Expert has discussed with the
Haitian authorities the need to enact the bill on the Office of the Ombudsman as soon as
possible and to provide the Office with adequate funding.
66.
The Independent Expert recalls that this institution is currently funded by several
financial and institutional partners14 and that the Ombudsman, with the substantial
involvement of the Independent Expert, has drafted a development plan for the Office for
the coming years. He recommends that the Office organize a round table bringing together
its institutional and financial partners, both national and international, with a view to
sharing information with all stakeholders, planning activities and related funding
arrangements with due transparency, and ensuring that the Office always remains in charge.
He also recommends that the support programme, including the section on rebuilding the
premises of the Office, be presented to the Interim Haiti Recovery Commission. That would
demonstrate the importance that was attached to the Office of the Ombudsman under
reconstruction plans in the context of re-establishing the rule of law.
14
14
OHCHR, the United Nations Development Programme and the International Organization of La
Francophonie (OIF).
GE.11-12426
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