A/HRC/28/82
defenders); and the continued exploitation of children sent to live with and work for host
families.
66.
During the July 2014 mission, the Independent Expert noticed a lack of public
confidence in the administration of justice. It was especially striking among people whose
land had been expropriated to expand the airport at Les Cayes; some 200 families cited
various problems linked mainly to indemnification for their land. The specific complaints
included: (a) the indemnification process was slow, not transparent and discriminatory; (b)
for the small number of families having received compensation, the value was limited to the
land expropriated and did not cover other property, and the amounts were significantly
below the market value; (c) no compensation had yet been paid for expropriated dwellings;
and (d) families receiving compensation for their land were notified by the authorities to
move immediately without yet having received any indemnity for their homes. The right to
own property is enshrined in the Universal Declaration of Human Rights (art. 17) and the
1987 Constitution of Haiti (chapter II, section H); in cases of public interest or eminent
domain, laws and procedures are in place that govern when and how a person’s right to own
property may be denied. The right to housing is also a basic right and it must be respected if
the home of some of these families is expropriated without indemnity. The right to housing
is set forth in the Universal Declaration of Human Rights (arts. 22 and 25), the International
Covenant on Economic, Social and Cultural Rights (art. 11) and the 1987 Constitution of
Haiti (art. 22). Subsequent to the Independent Expert’s mission, a high-level delegation
consisting of the Secretary of State for Public Works, two advisers to the Prime Minister,
the Sud Departmental Finance Director and the Director of the Antoine Simon airport in
Les Cayes met with those landowners and pledged to follow up so that the indemnification
process could move forward to everyone’s benefit and construction work could begin
without further delay.
67.
The Independent Expert continued to receive reports of acts of intimidation and
threats against the two co-directors of the non-governmental organization KOFAVIV,
which works to prevent sexual violence. The children of Malya Villard-Appolon and of
Eramithe Delva were the target of an attempted kidnapping in 2013. In February 2014, a
woman was arrested on suspicion of having taken part in that attempt; and in May 2014, a
man was arrested on charges of having threatened Mrs. Villard-Appolon with a firearm in
October 2013. A member of KOFAVIV who had identified the female suspect to the police
reportedly received death threats and was forced to move away from her neighbourhood.
Since March 2014, Mrs. Villard-Appolon and Mrs. Delva have been receiving threatening
telephone calls and, on 28 April 2014, several shots were fired at the organization’s offices.
The two co-directors of KOFAVIV have had to leave the country out of fear for their lives.
The organization’s lawyer, Julio Hyacinthe, and its gender and communications officer,
Georjhy Desire, have also reportedly received telephone threats, according to complaints
lodged with the Judiciary Police on 22 May and 11 June 2014.
68.
Building a strong rule of law is a challenge but it is also an urgent need in Haiti. The
Independent Expert wishes to reiterate the suggestion made at the time of his first mission
that a workshop should be organized, led by an expert in the rule of law, to strengthen the
work of civil society and the Government, in particular the Interministerial Committee for
Human Rights, under the guidance of the Minister for Human Rights.
D.
Past human rights violations and impunity
69.
A fourth critical area is the matter of impunity, which is of special concern in Haiti
and relates to all types of crime.
GE.15-02042
13
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