A/HRC/11/5
human rights should not only be proclaimed but also be manifested in positive
action. Whether in response to the distress of women and men affected by the series
of natural disasters or the difficult situation of victims of violence, the mobilization
of the international community must signal that what is at stake in Haiti not only
involves restoring the judicial, police and penitentiary systems but also entails
guaranteeing the effective exercise of all rights. For human security to prevail, the
Haitian people and local communities must be protected not only from violence,
injustice and corruption but also from hunger, sickness and natural disasters.
13. Consolidating the rule of law is one of the factors in restoring conditions that
will make it possible to contemplate the country’s sustainable development. In this
connection, the independent expert applauds the decision taken by the Special
Representative of the Secretary-General and Head of MINUSTAH to create within
his team the new post of Rule-of-Law Coordinator with responsibility for providing
a more comprehensive vision of the ongoing reforms and of those to be
implemented with the aim of strengthening the rule of law.
C. Status of ongoing reforms
14. With regard to the reform of the two traditional cornerstones of the rule of law,
i.e. the police and justice institutions, the independent expert was struck by the
apparent disparity in the resources which seem to have been allocated to ongoing
police and judicial reform activities. The police reforms are visible, be it only in the
appearance of the Haitian National Police officers’ new uniforms, the modern
vehicles or the refurbished stations equipped with adequate office facilities, even if
this image is sometimes tarnished by the behaviour of some officers. However, a
different image is conveyed to the public by the judicial system. The buildings are
dilapidated, the facilities are more limited and the equipment is basic, with the risk
that the Haitian population might compare the two institutions and conclude that the
international community’s political commitment is to providing more resources to
one than to the other.
15. The independent expert cannot overemphasize the fact that it is essential for
reforms in these two areas to go hand in hand, if only to show to the people of Haiti
that reform efforts are under way and that they are not inconsistent, since their
police and judicial systems are treated equitably and neither of these institutions
takes precedence over the other.
1.
Justice reform
16. The reform of the judicial system has for many years formed the backbone of
the reports of the independent expert on the situation of human rights in Haiti, who,
at the time of his last mission, focused on the implementation of the previous
reports’ recommendations in this area. Following the adoption of the three-year
justice reform plan described in Haiti’s Growth and Poverty Reduction Strategy
Paper and the three laws on judicial independence, which were passed in
December 2007, advances have been achieved under the impetus of President
René Préval and through the determination seemingly shown by the Minister of
Justice and Public Safety, Jean Joseph Exumé, but the generally prevailing feeling is
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