A/HRC/38/30
September 2017, two members of the Interministerial Committee 3 attended a one-week
“train the trainer” workshop organized by OHCHR. In February 2018, OHCHR delivered a
workshop in Port-au-Prince, to build the capacity of the members of the Interministerial
Committee to ensure efficient drafting of reports and follow-up on the implementation of
the recommendations.
B.
National human rights institution
12.
The 1987 Haitian Constitution established the Office of the Ombudsperson as an
independent national human rights institution with a mandate to protect individuals against
abuses by the Government. In 2012, the Parliament adopted the Law on the Organization
and Functioning of the Ombudsperson, which further developed the framework of the
Office of the Ombudsperson as a national human rights institution in accordance with the
principles relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles). 4 The Office of the Ombudspersons is competent to
receive and follow up on individual complaints, investigate allegations of human rights
violations committed by public entities and ensure respect for the rights of detainees,
including by the Haitian National Police.
13.
The Office of the Ombudsperson has representatives in all 10 departments of the
country. Among the wide range of complaints it receives, many pertain to prolonged
pretrial detention and it follows some of these cases directly with prosecutors. The Office of
the Ombudsperson has also worked to increase awareness of sexual and gender-based
violence, denouncing the issue publicly and advocating for accountability in emblematic
cases.
14.
A significant part of the work of the human rights component of the Stabilization
Mission, the Mission for Justice Support and OHCHR has been to strengthen the capacity
of the Office of the Ombudsperson so that it becomes a sustainable pillar of a national
human rights protection framework. In September 2017, the human rights component of the
Mission for Justice Support organized a training session for members of the Office of the
Ombudsperson and the Department of Prison Administration, which is responsible for the
management of prisons, on human rights law and systems. In late 2017, the human rights
component secured funding from the Joint United Nations Rule of Law Programme to
enable the Office of the Ombudsperson to open offices in Jeremie and Saint-Marc. For
2018, the human rights component of the Mission for Justice Support is planning to provide
the Office of the Ombudsperson with technical support for the development of its strategic
action plan. In March 2018, the Mission for Justice Support agreed to communicate to the
Office of the Ombudsperson cases of human rights violations it documents and to coach its
officers in monitoring and investigating human rights violations; the Office of the
Ombudsperson agreed to share with the Mission for Justice Support its monthly briefings
on prolonged pretrial detention and access to justice.
15.
Despite the achievements of the Office of the Ombudsperson in recent years, it
continues to face challenges. President Moïse appointed a new Protecteur in October 2017,
over a year after the expiration of the term of the previous incumbent who, as foreseen in
the Law on the Organization and Functioning of the Ombudsperson, continued exercising
her functions until then. In line with the applicable procedure, the President of Haiti
appoints the Ombudsperson from a list of candidates submitted by the two houses of
Parliament. Haitian human rights and women’s civil society organizations expressed
serious concerns over the independence and integrity of the appointee, with some viewing
the appointment as political. The controversy surrounding the appointment was further
fuelled by the failure to consult national civil society actors.
3
4
The two participants were the coordinator of the Interministerial Committee at the Office of the Prime
Minister and the focal point of the Committee at the Ministry of Gender and Women’s Rights.
The Paris Principles were adopted in 1993 by the General Assembly. They provide the international
benchmarks for the establishment and functioning of national human rights institutions against which
such institutions can be accredited by the Global Alliance of National Human Rights Institutions.
5
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