A/HRC/22/65
independent expert recommends that juvenile judges be appointed where there are no
juvenile courts so as to avert a situation where justices of the peace, who do not always
understand juvenile justice procedures, continue to place children in detention for lesser,
non-repeat offences.
F.
Office of the Ombudsperson
74.
The Office of the Ombudsperson is now a well established institution in Haiti and
the value of its work is recognized across the entire country. The independent expert thanks
the international community and the international organizations that have allocated what are
often large budgets to support and enhance the effectiveness of the Office’s work. He also
welcomes the support provided by the International Organization of la Francophonie (OIF)
jointly with the Office of the United Nations High Commissioner for Human Rights
(OHCHR) in the preparation of an organic law to revise the terms of reference of the Office
of the Ombudsperson in conformity with the Paris Principles. Florence Elie, the
Ombudsperson, has the necessary skills, authority and experience to make this national
human rights institution a haven for protection against abuses and infringements of human
rights.
75.
The financial and human resources provided and the establishment of regional
bureaux to make the institution more accessible to the population, even if the Cap-Haïtien
branch does not yet have any office premises, suggest that, over time, particularly in
anticipation of the departure of MINUSTAH, Haitian women and men, wherever they may
be in the country, will be able to turn to the Ombudsperson should they encounter cases of
maladministration or flagrant violations of their fundamental human rights.
76.
The independent expert recommends that the Office of the Ombudsperson approach
the International Coordinating Committee of National Institutions for the Promotion and
Protection of Human Rights to obtain formal recognition of its status as being in conformity
with the Paris Principles.20 In time, the Office of the Ombudsperson must become the
national human rights mechanism in Haiti, a mechanism for seeking redress against
maladministration, the national mechanism for the prevention of torture mentioned above,
and, perhaps, the national protection mechanism envisaged in article 33 of the Convention
on the Rights of Persons with Disabilities. This would be all the more important if the
Office were to be designated as a national protection mechanism under the Optional
Protocol to the Convention against Torture when Haiti ratifies it.
IV. Economic and social rights and the humanitarian situation
77.
In accordance with the statement of the President of the Human Rights Council,21
and to meet the growing demand in Haiti for the inclusion of economic and social rights in
the rule of law machinery, the independent expert undertook a study which highlighted the
importance of economic and social rights for ending the crisis in Haiti. This point is
reaffirmed unambiguously in the Security Council resolution under which the MINUSTAH
mandate was renewed.22
20
21
22
14
http://www.unhchr.ch/huridocda/huridocda.nsf/(Symbol)/A.RES.48.134.Fr?OpenDocument.
A/HRC/PRST/19/2.
S/2012/743.
GE.13-10672
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