A/HRC/31/77 because they presented signs of various kinds of fraud. These included the number of votes exceeding the number of registered voters at a given polling station, discrepancies between numbers indicated in figures and written out in words on the ballot total, fraudulent alteration and other irregularities.25 67. The elections slated for 25 December did not take place. On 16 December, the executive branch decided to establish the Electoral Evaluation Commission. On 21 December, CEP postponed the elections sine die because of the implications that the Commission’s recommendations could have for the subsequent election calendar.26 68. The Commission submitted its report to the President on 3 January 2016 and a new date for the second round of the presidential elections was announced (24 January 2016). Among other recommendations, the Commission concluded that, in order to move forward with the process and ensure a meaningful turnout in a calm setting, two things were necessary: political dialogue among the various stakeholders and a thorough technical review of the election machinery’s accountability with regard to irregularities that seemed to point to large-scale fraud.27 69. The Independent Expert hopes that the Haitian authorities will continue to address the problems surrounding the elections. The political dialogue and thorough review of the irregularities as recommended by the Electoral Evaluation Commission could help to boost the legitimacy of the elections for a new President, whose five-year term of office should begin on 7 February 2016, according to the Constitution. (b) Other elements of the rule of law that need to be guaranteed 70. The other areas indicated in the Independent Expert’s previous reports as being in need of significant improvement have not seen any change in their situation: development of a reliable land registry system, failure of judges and court officials to handle matters for which they are responsible, little respect for the right to life (which undermines the executive branch’s ability to protect this right) and the continuing exploitation of children as domestic workers (restavèk). 71. It should be noted that a draft bill to amend the Criminal Code was presented to the President in March 2015. The text incorporates some important human rights content, such as protection against double jeopardy, human trafficking, discrimination (including on the basis of sexual orientation), genocide, crimes against humanity and torture, in line with the definition provided in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the decisions and practice of the Committee against Torture, including psychological torture. In addition, the revised version provides greater protection for women by codifying harassment and strengthening legal penalties for sexual abuse. 72. Having a State built on the rule of law is one of the main challenges facing Haiti and it is something that the country direly needs. The Independent Expert wishes to underscore the importance of re-establishing the position of Deputy Minister for Human Rights and relaunching the work of the Interministerial Committee on Human Rights. These two 25 26 27 GE.16-01946 Provisional Electoral Council, Office of the President, “Note rectificative du communiqué de presse no 92” (Correction to press release No. 92), Pétion-Ville, 12 November 2015 (www.hpnhaiti.com/site/pdf/490pv.pdf). For press release No. 92, of 11 November 2015, see www.cephaiti.ht/Information-electorale/120-COMMUNIQUE-DE-PRESSE-92.html. Provisional Electoral Council, press release No. 104, 21 December 2015. See www.cephaiti.ht/ Information-electorale/. Report of the Independent Electoral Evaluation Commission, Pétion-Ville, 2 January 2016, p. 12. 13