A/HRC/31/77
II. Five key aspects of the human rights situation in Haiti
10.
Inequality continues to be a serious concern and remains the core cause of the
critical situation of human rights in the country. The Independent Expert pointed this out in
his first report, in March 2014, in which he encouraged the authorities, the State and the
international community to firmly commit to reducing inequality. He urged them to give
due consideration not just to the recommendations made by previous experts and
rapporteurs of other United Nations bodies and the Inter-American Commission on Human
Rights but also to five aspects which for decades have caused great suffering to the people
of Haiti. These five areas require intense and focused action to address: (i) the poverty and
lack of education prevalent among the majority of Haitians, who are thus denied decent
living conditions and have no prospects for the future, (ii) detention conditions that are in
most cases inhumane, (iii) irregular operation of the rule of law, (iv) the difficulties faced in
guaranteeing that justice is served, in particular with regard to violations perpetrated
systematically over the past 50 years and the effects of which are still felt, and (v) other
violations, such as forced displacement, the risk of statelessness and the cholera epidemic,
which are attributable to other factors, including natural disasters.
11.
The five aspects are not new. They are a common thread that runs through the
reports of the current Independent Expert and those of his predecessors. Since the last
report, there has been little improvement in the human rights situation in Haiti. The
situation remains complex but it is not insuperable.
12.
To address each of the five aspects, the Independent Expert reiterates his call that a
“shock treatment” approach be adopted to: (i) eradicate illiteracy; (ii) resolve, as a matter of
urgency, all cases of persons being held in pretrial detention; (iii) ensure transparency and
credibility in the holding of the elections; (iv) guarantee redress for the large-scale and
systematic violations of human rights perpetrated in the past; and (v) resettle in suitable,
long-term housing all of the people displaced by the 2010 earthquake and subsequent
disasters who are still living in camps.
13.
The Independent Expert’s fourth visit to Haiti, in September 2015, provided an
opportunity to observe developments in the five aspects mentioned above. A number of
improvements had taken place, such as the partial holding of elections and the decrease in
the number of people living in camps after the earthquake, but other aspects had not
progressed.
14.
Before this fourth visit, the Government had realized the seriousness of the problem
of elections not being held, as it would lead to the National Assembly closing down in
January 2015, and that is in fact what happened. A new Prime Minister had been appointed
in December 2014 with the principal aim of ensuring that elections would be held. The
dates for the elections were set as 9 August, 25 October and 27 December 2015.
15.
In addition, when the June 2015 deadline set by the Government of the Dominican
Republic for foreigners to regularize their situation expired, a wave of Haitians and persons
of Haitian origin crossed the border: some were being deported by the Dominican
authorities, others left out of fear of being deported.
16.
The Independent Expert’s mission therefore focused on elections and on the
situation of Haitians and people of Haitian origin living in camps in Anse-à-Pitres along the
southern border of Haiti with the Dominican Republic. The Independent Expert also
examined three other aspects requiring urgent attention, namely illiteracy, prolonged
pretrial detention and violations committed in the past.
17.
In 2012, the Government had established a human rights entity in the form of a
Deputy Minister attached to the Office of the Prime Minister, but that function disappeared
4
GE.16-01946
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