A/HRC/25/71
or the provision of health services, the degree of legal uncertainty is considerably higher
than in other countries.
45.
Property laws are unclear because the cadastral system is deeply flawed. It is not
uncommon to find several titles to property concerning a single unit, all different and
contradictory and all considered valid. The establishment of a reliable cadastral system is
needed to guarantee citizens’ rights and to foster economic relations. The independent
expert’s predecessors stressed this point, including Mr. Louis Joinet, in his report to the
Commission on Human Rights, which had proposed the creation of a commission for
cadastral reform in cooperation with the international community.17
46.
As noted above, owing to time constraints, judges are rarely available to deal with
the cases for which they are responsible. Many of the people that the independent expert
met described a judicial system that has little credibility in the public eye. The reports of the
independent expert’s predecessors and other experts have highlighted this problem. The
professionalism of certain officials is usually criticized, even if it is recognized that in some
cases it is satisfactory. In any event, the overall assessment of the quality of the justice
system in Haiti is far from positive.
47.
Parliamentary and municipal elections should have been held in 2012, but in
December 2013, the dates of the elections were not certain.18 Bills approved by parliament
many years ago have not yet been signed by the President. Since the Permanent Electoral
Council provided for by the Constitution could not be established, a temporary electoral
council was created. These shortcomings, among many others in the institutional
framework, are serious grounds for questioning the regularity of the political system and
legal order, i.e., the basic rules of the institutional game, knowledge of which is necessary
to decide what action to take in the country.
48.
This institutional fragility exacerbates the situation of economic, social and cultural
rights, as mentioned above, and makes it more difficult to protect them. Generally speaking,
the authorities are unable to guarantee citizens the enjoyment of their rights to a minimum
level of food, shelter, education, health care or work. Absurd and unthinkable situations
arise in this climate of institutional impotence. For example, despite a high rate of illiteracy,
there are 278 universities for a population of 10 million. Anyone can start a company to
produce and sell university degrees whose legitimacy and quality are by no means
verifiable. And it does not seem to worry the State.
49.
Social inequalities are growing on account of this institutional obscurity. At the end
of the day, the rules that are actually applied are dictated by arbitrary power without any
democratic control, which encourages corruption. The inaction or inadequate action of the
State can serve the interests and needs of individuals who wield social, economic, coercive
or political power.
50.
Civil and political rights are also affected by these institutional shortcomings. This
can be seen in particular in matters relating to access to justice, a situation that becomes
very serious when it concerns the right to life. The independent expert had access to
information collected by the National Episcopal Commission for Justice and Peace on
violence in the country, according to which the number of homicides has tripled over the
past four years. Indeed, in 2012, 1,428 murders were reported (4 per day, on average, a rate
of 14.3 murders per 100,000 inhabitants), compared to 559 in 2009 (1.5 per day, 5.6
17
18
10
E/CN.4/2006/115, 26 January 2006, paras. 72, 73 and 83 (f).
“At the time of completion of his report, the independent expert was unaware, owing to
repeated deferrals, of the date of the elections and under what political circumstances they would be
held”, Mr. Joinet wrote during his mandate in 2006 (ibid., para. 79).
GE.14-10841
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