A/HRC/34/73
68.
During his visit in October 2016, the Independent Expert noted that the new
Provisional Electoral Council enjoyed a certain prestige and that the political climate was
more relaxed than the year before, despite criticism from some sectors of the Government
over the extension of the term of office of the interim President of the Republic beyond the
date of expiry agreed upon. The establishment of a stable government is crucial for the
development and implementation of a long-term human rights policy that addresses the
challenges facing Haiti in this area.
2.
Other aspects of the rule of law that need to be guaranteed
69.
Other areas identified by the Independent Expert as being in need of significant
improvement have still not seen any change. These include the development of a reliable
land registry system, the failure of judges and court officials to handle matters for which
they are responsible, the scant respect for the right to life, which undermines the executive
branch’s ability to protect this right, and the continuing exploitation of children as domestic
workers.
70.
In September, an international festival organized by the lesbian, gay, bisexual,
transgender and intersex (LGBTI) community, known as the Massi Madi festival, was
banned by the Port-au-Prince government commissioner on account of the homophobic
attitude of evangelical pastors and the Chair of the Senate Commission on Justice, Security
and National Defence, who were opposed to the event. The LGBTI community has been
subjected to threats and verbal and physical attacks. Such incidents violate the right to
equality and non-discrimination enshrined in the international treaties to which Haiti has
become a party. The Independent Expert made a special appeal to both the authorities and
the people of Haiti to respect these principles.
71.
It is encouraging to learn that the Government has decided not to oppose certain
recommendations made to it during its universal periodic review relating to the desire for a
rule of law in Haiti that respects and protects human rights, such as the recommendations
concerning children being exploited as domestic workers, measures to combat norms,
practices and stereotypes that cause discrimination and violence based on sexual orientation
and gender identity and the elimination of violence against women in all its manifestations,
among others.21 The Independent Expert proposes to discuss with the Haitian authorities the
reasons for the Government’s initial refusal to accept these recommendations.
D.
Impunity and the credibility of the judicial system
72.
In Haiti, access to justice is so inadequate that, although it is part of the rule of law,
it needs to be dealt with separately, starting with the issue of past violations.
1.
The Duvalier case and other past violations
73.
It is very worrying that there has been no progress in the judicial proceedings
instituted following the human rights violations perpetrated under the regime of JeanClaude Duvalier, who died in October 2014. The proceedings must continue against his
accomplices, who played a key role in the perpetration of these violations. The Independent
Expert reiterates his appeal for both the Government and the judiciary to pay this case the
attention that it deserves and, to that end, to take the political, financial and administrative
measures necessary for a prompt, thorough and impartial investigation into past violations
and for a ruling to be issued in that connection.
74.
The recommendation made by the Human Rights Committee in 2014, according to
which Haiti should “pursue its investigations in the Duvalier case and bring to justice all
those responsible for serious violations committed during that presidency and give victims
fair and equitable reparation”, 22 remains valid. “The State should implement the
21
22
GE.17-03747
A/HRC/34/14, para. 117.
See CCPR/C/HTI/CO/1, para. 7.
13
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