A/HRC/11/5
information in their possession and experiences, and to whose professionalism,
determination and courage he pays tribute. The members of the MINUSTAH Human
Rights Section and Justice Section gave him unfailing support, both in Port-auPrince and during his travels, and shared with him their assessment of the situation
and of the progress of the ongoing reforms. The independent expert would like to
state that those two Sections are invaluable partners in the execution of the mission
entrusted to him by the Council.
I.
THE RULE OF LAW
A. Rule of law and constitutional legality
9.
In the summer of 2008, the appointment of Michèle Duvivier Pierre-Louis as
Prime Minister, the installation of the Government and the adoption of the general
policy statement by Parliament were perceived by the Haitian population and the
international community as signs of the re-establishment of constitutional legality in
Haiti following the April 2008 demonstrations. The senatorial elections scheduled
for April 2009 should make it possible to fill the vacant third of the Senate seats and
thereby complete one cycle in the political life of the country.
10. In February 2009, President René Préval set up a commission with
responsibility for formulating proposals to reform the Constitution, which many feel
will make it possible to overcome major institutional obstacles which are hampering
desirable and frequently announced reforms.
11. The report of a previous commission of experts had already identified a
number of contradictions or imbalances in the Constitution, including the fact that
the president appoints but can under no circumstances dismiss a prime minister. The
commission, which had also drawn attention to the short intervals between elections
in Haiti, implicitly argued in favour of general electoral contests every five years,
which would make it possible to increase political stability, to limit the potential for
tension and Haiti’s dependence on international assistance and security and to spend
less money. President René Préval had also been concerned with the issue of dual
nationality, which would make it possible to contribute to the country’s economic
and political stability so that Haitian men and women would not be forced to leave
the country for economic reasons and be faced with the choice of adopting a
different nationality in order to be become integrated in the receiving country.
B.
Rule of law and human security
12. Respect for the rule of law is a key factor in human security but human
security is not confined to the restoration of the rule of law. 1 The lack of
observance, protection and realization of economic, social and cultural rights is
increasingly seen by the people of Haiti as a grave injustice and a denial of the
advances made elsewhere in the world. The interconnectedness and indivisibility of
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1
“Recognizing the interconnected nature of the challenges in Haiti, reaffirming that sustainable
progress on security, the rule of law and institutional reform, national reconciliation and
development are mutually reinforcing …”, Security Council resolution 1840 (2008).
5
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