A/HRC/38/30
I. Introduction
1.
The present report is submitted pursuant to the statement by the President of the
Human Rights Council on 24 March 2017 (A/HRC/PRST/34/1), which called upon the
Government of Haiti, with the assistance of the Office of the United Nations High
Commissioner for Human Rights (OHCHR), the special procedures of the Council, and the
Interministerial Human Rights Committee of Haiti, in close consultation with civil society,
the Office of the Ombudsperson and other stakeholders, to prepare an action plan to
implement the recommendations made by international human rights mechanisms,
including those made in the context of the universal periodic review and by the Independent
Expert on the situation of human rights in Haiti. 1 In the statement, the President also
requested the Government to establish a national mechanism for reporting and monitoring
the fulfilment of targets and indicators related to technical assistance programmes in the
field of human rights; determine a timeline for achieving the objectives set; and identify
resources to implement the plan. The President requested the High Commissioner for
Human Rights to submit a written report on the implementation of the plan to the Council
at its the thirty-eighth session.
2.
In October 2017, the Security Council established the United Nations Mission for
Justice Support in Haiti, mandating it to assist the Government in strengthening rule-of-law
institutions, supporting the Haitian National Police and engaging in the promotion and
protection of human rights (Security Council resolution 2350 (2017)). Through the human
rights component of the Mission for Justice Support, OHCHR has been advocating for the
appointment of a high-level human rights focal point in the executive branch to facilitate
the development of a national human rights action plan. OHCHR has also continued to
support the work of the national human rights institution. The present report is based on the
monitoring and technical assistance of the human rights component.
3.
In the report, the High Commissioner provides an overview of the preparation of a
national human rights action plan. He also addresses concerns raised in the statement by the
President of the Human Rights Council related to the implementation of key outstanding
recommendations made by various international human rights mechanisms, including the
former Independent Expert on the situation on human rights in Haiti, to be considered in the
elaboration of an action plan (see A/HRC/31/77, paras. 105–111, and A/HRC/34/73, paras.
99–107). Thus, the report includes information and recommendations about the persisting
practice of prolonged pretrial detention, efforts towards the adoption of revised drafts of the
Criminal Code and the Code of Criminal Procedure, and the need to eradicate illiteracy,
provide adequate housing to internally displaced persons and protect the human rights of
Haitian migrants.
4.
In 2014, the office of the Minister Delegate for Human Rights and the Fight against
Extreme Poverty (hereinafter, “Minister Delegate for Human Rights”) and the
Interministerial Committee on Human Rights produced a first draft of a national human
rights plan, identifying recommendations made by United Nations mechanisms and
proposing actions to implement them. While this draft document represented a serious first
step towards incorporating human rights in government policies, there has been no progress
towards finalizing it. Efforts to adopt a human rights action plan could be resumed by
building on the considerable preparation accomplished for the elaboration of the 2014 draft.
II. Context
5.
Social grievances, corruption and weak institutions still constitute major obstacles to
the realization of human rights in Haiti. With about 59 per cent of the population estimated
to be living below the poverty line, the country remains the poorest in the Americas. The
1
The mandate of the Independent Expert on the situation of human rights in Haiti was established in
1995 by the Commission on Human Rights and was discontinued by the Human Rights Council in
March 2017 (A/HRC/PRST/34/1).
3
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