A/HRC/17/42
E.
Forced return
37.
Although most countries announced after the earthquake that they would suspend
their forced return programmes, cases of deportation or forcible return of Haitians from
several countries in the region have been documented by international organizations and
subsequently reported in the press. The Office of the United Nations High Commissioner
for Human Rights (OHCHR) and the Office of the United Nations High Commissioner for
Refugees (UNHCR) issued a joint emergency appeal to countries to suspend all forced
returns to Haiti because of the ongoing humanitarian crisis. According to UNHCR, the
deportation and forced repatriation of Haitian nationals and interception on the high seas
remain a source of concern under the present circumstances.8
38.
The Independent Expert reiterates the recommendations contained in his report of
2010,9 in which he asks all States to adopt a flexible and generous attitude towards Haitians
seeking refuge in other countries. He recommends that all States ensure that returns, when
they must take place, are carried out in compliance with their legal obligations and in such a
way as to place no additional burden on the country.
F.
Cholera and lynchings
39.
According to the Ministry of Communication and Culture, since the outbreak of the
cholera epidemic, at least 45 people in Haiti have been lynched by mobs accusing them of
practising witchcraft in order to spread the disease. Most of those murders have been
perpetrated in the Department of Grande-Anse, in the south-west of Haiti. Several people
have also allegedly been killed in similar circumstances elsewhere in the country. The
victims, mostly priests who practise voodoo, the popular religion in Haiti, are struck with
machetes and stones before being burned in the street. The exact number of victims is
unknown but the murders are part of a broader context of mob justice that illustrates a real
lack of confidence in the judicial authorities. The Independent Expert is aware of the
difficulty of prosecuting the perpetrators, because the murders are carried out by
anonymous crowds and, more often than not, people conspire to conceal the identity of the
perpetrators. Nevertheless, the highest authorities in the State should launch inquiries,
thereby reminding everyone that, under the rule of law, no one is entitled to take justice into
their own hands.
III. Civil and political rights
40.
In the course of his missions in Haiti, the Independent Expert has resumed his work
on civil and political rights and, in particular, on issues connected with the reform of the
justice system, the vetting10 of the National Police and the prison system. The Independent
Expert indicated in his previous reports that progress in those areas was being made before
the earthquake of 12 January 2010. Given that presidential elections are currently under
8
9
10
GE.11-12426
Executive Committee of the Programme of the United Nations High Commissioner for Refugees:
Update on UNHCR operations in the Americas, 22 February 2011.
A/HRC/14/44/Add.1, paras. 41 and 42.
The vetting (or certification) of police officers is one aspect of the support furnished by MINUSTAH
in the effort to upgrade the professionalism of the National Police. This process is designed to verify
the suitability of candidate police officers to join the force. Serving officers are also subject to vetting.
Enquiries are made with families and other close relatives and court or criminal records are inspected
in order to ensure that the officer or candidate is morally and legally qualified to join the force.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents