A/HRC/34/73
international community should focus their efforts on five particularly alarming aspects of
the country’s human rights situation: (a) illiteracy; (b) prolonged pretrial detention; (c) the
lack of elections; (d) impunity for past violations; and (e) the situation of persons affected
by other factors, such as those displaced by the 2010 earthquake, Haitians or persons of
Haitian origin deported from the Dominican Republic and cholera victims.
12.
The Independent Expert called for the adoption of urgent measures to bring an end
to the perpetration of violations in these five areas. Such violations are so widespread that,
for many people, they are perceived as being a normal part of everyday life. Far from being
normal, however, they highlight the degree of deterioration of the human rights situation in
Haiti. Therefore, the structural situation must first be remedied and these extreme
circumstances addressed if a solid foundation is to be laid for developing a policy to protect
and promote respect for human rights in the country.
13.
The five key issues correspond to five broader areas, which serve as a gateway to
devising and implementing, in the longer term, more sophisticated measures conducive to
developing the policy to protect and promote respect for human rights, namely: (a)
economic, social and cultural rights in their entirety; (b) detention conditions; (c) the rule of
law and institutional integrity; (d) the functioning of the administration of justice; and (e)
the environment, housing and Haitian migration.
14.
The five key issues stem from the deep inequality that underlies human relations in
Haiti and that must be addressed through specific and persistent action aimed at reducing it
as much as possible, which is a prerequisite for significantly improving the human rights
situation in the country.
15.
The five key issues, the five areas mentioned above and the underlying inequality
have been mentioned in the reports of special procedures mandate holders in Haiti since
1986, firstly by the Commission on Human Rights and then by the Human Rights Council. 1
Although they are not new issues, the Independent Expert deemed it appropriate to organize
and prioritize them as indicated above. They are the common thread running through his
reports and help him to monitor the situation, which he had already described as complex
but not irremediable in his first report.
16.
The year 2016 was marked by a situation of temporary or transitional governance, as
the term of the former President of the Republic, Michel Martelly, expired on 7 February
2016 without a successor having been elected. An agreement had to be concluded between
the outgoing President and the presidents of the Senate and the Chamber of Deputies, after
which Parliament elected the president of the Senate, Jocelerme Privert, interim President
of the Republic with a specific mandate to oversee the electoral process in addition to
governing the country.
17.
This interim mandate is linked to the implementation of one of the urgent
recommendations made by the Independent Expert, relating to the holding of elections,
which, after having been blighted by various difficulties during the year, finally took place
on 20 November 2016, in the form of the first round of presidential elections.
18.
Limited progress has also been made towards giving effect to another
recommendation made by the Independent Expert relating to the victims of cholera, for
which the Secretary-General has admitted responsibility on behalf of the United Nations.
On 1 December 2016, the Secretary-General issued an apology to the Haitian people and
announced a new approach to resolving the cholera problem.
19.
A presidential commission was set up within the Ministry of Justice to deal with the
issue of prolonged pretrial detention. The Government informed the Independent Expert
that “the work of the commission has brought about a reduction in … the rate of prolonged
pretrial detention”.2 On his next visit to the country, the Independent Expert will be able to
verify whether there has in fact been a reduction in such detention.
1
2
GE.17-03747
See Economic and Social Council resolution 1503 and document E/CN.4/1987/61.
“Response of the Government of Haiti to the report of the Independent Expert on the situation of
human rights in Haiti”, transmitted to the Independent Expert on 23 Jan. 2017, para. 6.
5
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