A/HRC/22/65
should also end the bidding wars that take place in adoption in Haiti. Moreover, the fact
that a list of children for adoption has been prepared by a central authority should mean an
end to the practice whereby parents who have been misled by children’s homes or who
simply consider themselves too poor to raise their own children give up their children for
intercountry adoption. The new law should result in adoption being used only as a last
resort and in order to protect a child.
68.
Since March 2012, several children’s organizations18 have noted a fresh surge in the
number of “restavek” (child domestic workers) who leave the place where they are living to
go and live on the street, or who risk being subjected to violence, exploitation or other
forms of abuse. In recent years, there appears to have been a marked shift in terms of the
kinds of families that receive “restavek”. In the past, host families were relatively well off;
now they tend to be poorer families in which the children are at greater risk.
69.
The pattern of geographical distribution also appears to have changed: traditionally,
children from rural areas were sent to major cities (Port-au-Prince or Cap-Haïtien). Now,
however, an increasing number are being sent to small provincial towns. The independent
expert would like to see a proper study of these changes carried out in order to identify
better ways of combating the phenomenon. He encourages the Minister of Social Affairs
and Labour to address this issue in the labour code that is being revised.
70.
According to several organizations that work at the border with the Dominican
Republic,19 crossborder trafficking of children for the purposes of sexual exploitation and
forced labour is still being carried out, particularly in the Malpasse region. The independent
expert recommends that steps be taken to tighten up the laws and procedures, and that
IBESR and the National Council for Children and Adolescents (CONANI, Dominican
Republic) formalize the relationships that they have already established with a view to the
adoption of a bilateral framework for combating this phenomenon.
71.
The Government submitted a bill to Parliament on combating human trafficking,
particularly trafficking of women and children, in response to the requirements of the
Palermo Protocol, which Haiti has ratified. If the bill were to become law, it would make
child trafficking a criminal offence; the police often have to release suspected traffickers
because there is no such offence in the Penal Code. Hitherto, the police have had to treat
trafficking as abduction, which is often difficult to prove when the biological parents have
voluntarily handed the child over to the accused. The independent expert recommends that
these laws be published expeditiously in the Moniteur (the official gazette of the Republic
of Haiti) and widely disseminated throughout the country.
72.
The absence of a governmental strategy on juvenile justice weakens the impact of
the round table set up to discuss the matter. The independent expert recommends that a
proper children’s code be established that is broader than a simple law and that focuses on
vulnerable children.
73.
Although the juvenile courts in Port-au-Prince and Cap-Haïtien do work, hearings
are still held on an irregular basis. Some 82 per cent of children in prison are being held in
pretrial detention, but the lack of rapid processing is not justified by the total number of
children in conflict with the law (fewer than 250). While it is recommended that all juvenile
cases be dealt with expeditiously, the way that the chief justice of the court of first instance
distributes cases does not appear to give priority to children. Moreover, some juvenile
judges have a large workload and only carry out this function as a secondary activity. The
18
19
GE.13-10672
Interviews with UNICEF and World Vision Canada.
World Vision Canada, Groupe d’Appui aux Rapatries et Refugies (Returnee and Refugee Support
Group) (GARR).
13
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