A/HRC/38/30
experiencing dire conditions. In November 2017, the United States administration
announced that it would rescind Temporary Protected Status and that all Haitian migrants
previously protected under this programme would have until July 2019 to leave the United
States.
63.
Given the country’s economic vulnerabilities and the lingering impact of natural
disasters, mass deportations, collective expulsion and other forced or coerced returns of
people to Haiti are largely unsustainable besides representing a threat to the human rights of
Haitian migrants. Without adequate planning, the security and stability of Haiti could be
impacted by the large numbers of deportations and spontaneous returns. Currently, most
deportees arrive in Haiti without any financial resources and many have been separated
from their family members who remain in the country of destination. Most settle in the
departments along the Haitian-Dominican border, namely the North-East, the Centre, the
South-East and the West Departments. Women and children, who account for 58 per cent
of returnees, are particularly vulnerable. Increased traffic through irregular border crossings
has led to increased crime rates, exposing women and children to increased risks of sexual
and gender-based violence and human trafficking. Furthermore, endemic and exploitative
practices, such as the exploitation of children as domestic servants, transactional sexual
exploitation of women and children, and various forms of bonded labour affecting men,
women and children, remain prevalent across Haiti and the Dominican Republic.
64.
Returnees are economically vulnerable and often perceived as economic and social
burdens. Due to the lack of resources, the Government of Haiti has limited capacity to
provide them with adequate reception, housing, employment, education and health
facilities. In 2015, in order to address these issues, the Humanitarian Country Team and the
United Nations country team set up a working group with Government entities and civil
society organizations. The working group has continued to operate and has developed
annual action plans focusing on the protection of returnee migrants, providing coordinated
and complementary responses to identified protection issues. The working group has also
been advocating for the ratification by Haiti of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families.
65.
As the risk of mass deportation is growing and expected to continue at a scale that
will overwhelm the capacity of Haiti, some human rights-based urgent response is required
and could be incorporated as part of a national human rights action plan.
VIII. Conclusions
66.
The draft national human rights action plan developed in 2014 serves as a strong
basis to elaborate a comprehensive national human rights strategy.
67.
The prolonged absence of a high-level human rights focal point in the executive
branch of the Government represents an obstacle to the development and adoption of a
comprehensive and strategic national human rights action plan that would aim at addressing
key outstanding concerns raised by international human rights mechanisms over several
years. Leadership is essential for the effective and sustainable protection of human rights.
68.
The role of the Office of the Ombudsperson remains key to promoting and
protecting human rights, including to addressing grievances and human rights violations.
The human rights component of the Mission for Justice Support will continue its support
for the Office of the Ombudsperson to ensure it has the necessary means to fulfil its
mandate.
69.
The human rights component of the Mission for Justice Support remains engaged in
providing technical assistance to the authorities of Haiti for the development of a national
human rights action plan and implementation of recommendations from the United Nations
human rights mechanisms.
14
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