A/HRC/25/71
have expressed to know the truth and perhaps even to be given compensation. He recalls
that silence is the worst response” (A/HRC/22/65, para. 89).
78.
A third issue that must be addressed in this chapter is the situation facing many
Haitians who are living abroad and risk becoming stateless, according to the representative
of the Office of the United Nations High Commissioner for Refugees (UNHCR) in Haiti.33
Many of them are denied their rights to identity, nationality, personal dignity, and all
ensuing rights.
79.
In September 2013, the Constitutional Court of the Dominican Republic decided that
people born in the country after 1929, whose parents were illegal aliens do not have the
right to Dominican nationality. Several international bodies and agencies, such as UNHCR,
UNICEF and the Inter-American Commission on Human Rights, have declared that this
decision is not in conformity with international obligations. The United Nations High
Commissioner for Human Rights also made a statement along those lines.34 The
independent expert shares the views expressed by the High Commissioner and appeals to
the Government of the Dominican Republic and the Human Rights Council to ensure that
the right to Dominican nationality of descendants of Haitians born in the Dominican
Republic is observed.
III. Conclusions and recommendations
80.
The human rights situation in Haiti is extremely serious, but it can be overcome
provided that five basic conditions are met, namely: strong political will on the part of
the Government and international community; the active participation of civil society;
consensus on problems to be resolved as a matter of priority; focusing and
coordinating efforts along the same lines, and a strong determination to achieve the
goals set.
81.
The list of issues to be addressed and corresponding solutions are contained in
the many reports and recommendations drawn up on Haiti over three decades by
experts of United Nations bodies and the Inter-American human rights system. The
independent expert reiterates their many recommendations and proposes that five key
aspects be selected from their analyses and recommendations to be considered as a
matter of priority, and on which efforts should be focused.
82.
These five closely interrelated aspects are: the deep inequalities within Haitian
society, related to the precarious economic, social and cultural rights of the vast
majority of the population; the inhumane prison conditions, and situation of persons
held in prolonged pretrial detention; the absence of legal certainty in many areas of
daily life because of the fact that the rule of law is extremely weak; the blatant
impunity for violations committed in the past; and the hardships endured by many
victims of natural disasters and other humanitarian crises, such as the earthquake in
January 2010, the cholera epidemic since October 2010, or statelessness.
83.
It is clear that the critical human rights situation in Haiti cannot be resolved
overnight, but the problems must come to an end as soon as possible in the five areas
mentioned above, as they are a constant source of serious violations:
33
34
GE.14-10841
According to its data, the number of Haitians living abroad is approximately 4.5 million. In 2007,
International Crisis Group estimated that more than 3,710,000 Haitians or descendants of Haitians
lived abroad (International Crisis Group, Peacebuilding in Haiti: Including Haitians from Abroad
Latin America/Caribbean Report No. 24, Port-au-Prince/Bruxelles, 14 December 2007).
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13808&LangID=E.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents