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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