A/HRC/25/71
to acts of intimidation and threats and the attempted abduction of their children, as well as
the poisoning of Ms. Apollo’s dog on 23 August 2013. KOFAVIV is a women’s
organization whose aim is to prevent sexual violence in Haiti.
54.
The independent expert has also transmitted to the Government a communication
according to which on 22 October 2013, the human rights lawyer, Mr. André Michel, was
arbitrarily arrested and placed in custody in Port-au-Prince following a search of his car by
police. Mr. Michel is the legal representative of a complainant in a case of corruption and
appropriation of public goods that allegedly involves members of the President’s family.
From the very outset, Mr. Michel claimed that he was the victim of intimidation and
threats; a warrant that was never executed was issued against him in July 2013 based on his
alleged involvement in a murder case. Mr. Michel’s client and the complainant in the case
were arrested on the same charges and remain in custody. Mr. Michel was released, but a
representative of the public prosecutor’s office apparently informed the media that the
arrest warrant issued against him in July 2013 would be executed. The government
Commissioner was quoted as saying that Mr. Michel was a fugitive. The Government
asserts that Michel was not prosecuted on political grounds, but for his alleged involvement
in a crime.
55.
On 30 July 2013, more special procedures mandate holders, including the
independent expert, sent a communication to the Haitian authorities according to which two
people were attacked, apparently because of their sexual orientation, on 19 July 2013, at a
march against homosexuality in Port-au-Prince. Other demonstrations against lesbian, gay,
bisexual and transgender (LGBT) persons were held in the capital as well as in Gonaives,
where, on 20 July 2013, a demonstration was attended by 300 people. Since the end of
June, calls for violence against LGBT persons have been made in the media. As a result, on
15 July, a homosexual was allegedly assaulted by his neighbour and had to flee his home.
Between 19 and 24 July, 47 cases of physical assaults against LGBT people were filed.
Twenty people were forced to flee because of threats. Members of Kouraj, an association
that defends the rights of LGBT persons in Haiti, including its president, Mr. Charlot Jeudy,
allegedly received threats because of their work. On 21 November 2013, Kouraj
experienced further attacks: three armed men entered its premises and, after hitting and
tying up two members of the association, they seized two laptops and other goods. Another
organization, SEROvie, ceased its activities for the treatment and prevention of HIV in the
north-west of the country for the same reasons.
56.
Another manifestation and consequence of the weakness of the rule of law is the
continuing problem of child exploitation, where children (especially girls), called restavèk
are given by their poor parents to other families to “stay with” them and help them with
household chores in exchange for accommodation, food and, in principle, an education. In
fact, children are systematically deprived of family affection and their right to education,
subjected to forced labour, unpaid, and exposed to physical and/or verbal abuse. According
to UNICEF, in January 2012, there were about 225,000 restavèk children in Haiti.21 The
Special Rapporteur on contemporary forms of slavery, who visited the country in 2009,
estimated the number of restavèk children at that time to be between 150,000 and 500,000;
she described the phenomenon of contemporary forms of slavery and made specific
recommendations, including for the creation of a national commission to monitor and
ensure the protection of children’s rights (A/HRC/12/21/Add.1). The former independent
expert drew the attention of the Council of Human Rights to the gravity of this phenomenon
21
12
Samuel Grumiau, “UNICEF aids restavek victims of abuse and exploitation in Haiti”, Port-au-Prince,
Haiti, 31 January 2012 (www.unicef.org/infobycountry/haiti_61518.html).
GE.14-10841
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