A/HRC/38/30 declared admissible the accusation of crimes against humanity against Duvalier and some of his associates on the grounds that customary human rights law is part of Haitian law. After Duvalier’s death in October 2014, victims’ representatives argued that proceedings could continue against the co-defendants but no progress has since been registered. In 2016, taking note of the lack of investigations since 2014, the Human Rights Committee urged the Government to provide information on the efforts to bring to justice all those responsible for the serious violations committed during the Duvalier presidency.12 47. Impunity denies victims their rights to truth and justice and undermines public confidence that institutions will protect their rights. Acknowledging that impunity for past gross human rights violations is an obstacle to democracy, the 2014 draft national human rights action plan proposed a set of actions to promote accountability and provide redress to the victims. 48. In March 2017, the Independent Expert on the situation of human rights in Haiti proposed the establishment of a truth, justice and redress commission to shed light on past violations and provide reparations to the victims and the country as a whole so as to strengthen the country’s capacity to build a more egalitarian, justice-based society (see A/HRC/34/73, paras. 74–75). The 2014 draft national action plan proposed the resumption of the 1995 National Commission for Truth and Justice. It would be important for the national action plan to consider a transitional justice mechanism that would examine all past human rights violations. 49. In September 2017, OHCHR organized a workshop in Port-au-Prince on the fight against impunity for past human rights violations, which was attended by over 100 participants from different countries, representatives of the Office of the Ombudsperson, the Interministerial Committee and civil society organizations. Among the main challenges identified in pursuing accountability were the collection of evidence, the lack of capacity and will of magistrates, and victims and witnesses’ fear of reprisals. Some of these challenges, including the need for protection of victims and witnesses, were identified in the 2014 draft national action plan. VI. Economic, social and cultural rights A. Persistence of illiteracy 50. Noting that Haiti has one of the highest illiteracy rates in the western hemisphere, the 2014 draft national action plan identified various factors, including the fact that some 20 per cent of children aged between 6 and 12 did not regularly attend school, the high number of students per class, the lack of adequate training of teachers and the fact that the majority of schools were private and did not follow a uniform curriculum. 51. In a country in which social grievances often stem from poverty, high illiteracy rates are one of the most visible indicators of inequalities. Illiteracy denies individuals their right to education and deprives them of an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle that can enable economically and socially marginalized individuals to lift themselves out of poverty. 13 Through education, people can strengthen their abilities to enjoy other economic and social rights, including the rights to adequate housing, health and food. 52. While no up-to-date statistics are available, in 2013, it was estimated that approximately half of all Haitians were illiterate; 14 even though the number of children 12 13 14 Letter dated 7 December 2016 from the Human Rights Committee’s Special Rapporteur for follow-up to concluding observations providing an update on the concluding observations of 21 November 2014 (CCPR/C/HTI/CO/1). Available at http://ccprcentre.org/files/documents/INT_CCPR_FUL_HTI_ 25997_F1.pdf. Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education. See A/HRC/28/82, para. 26, footnote 2. 11

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