A/HRC/22/65
is put at 4.2 million, fewer than 200,000 have regular formal work. At least 84 per cent of
university graduates live abroad.”2
9.
Although, in his previous report, the independent expert expressed satisfaction with
the steps taken to institute the main reforms envisaged with respect to the rule of law, the
picture that he draws in the present report is more mixed. Admittedly, from a formal point
of view, progress has been achieved thanks to the major social programmes launched by the
President and the Prime Minister to tackle extreme poverty.3 In practice, however, the
situation seems to have stalled for many reasons, including delays in disbursements of
funds pledged by the international community.
II. Rule of law
10.
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. The establishment of the rule of law is
posited, first and foremost, on the establishment of a State in which laws are proposed by
the Government, voted on by parliament and implemented by the executive under
parliamentary scrutiny.
11.
The establishment of the rule of law cannot be reduced to reforming judicial
institutions, the criminal justice system, and the police or prison service so as to pave the
way for the enjoyment and exercise of civil and political rights.
12.
The establishment of the rule of law also means ensuring the proper functioning of
public services and of the institutions that are required not only to safeguard persons and
property but also to enable all citizens to exercise all the rights set forth in the International
Covenant on Economic, Social and Cultural Rights, which the Haitian Parliament has
ratified. By making this political gesture, the Government of Michel Martelly has sent a
strong signal of the determination and commitment of the Government and the Parliament
to improving socioeconomic conditions in the country.
13.
This holistic approach should inform the choices made by international and bilateral
institutions when deciding on cooperation and technical assistance programmes and should
thus gradually lead to a state of affairs in which everyone is guaranteed access not only to
justice but also to education, a health-care system, drinking water and sanitation services,
adequate and decent housing, employment income, and training.
14.
It was for this reason too that, in his meetings with them, the independent expert
stressed that President Martelly, the Prime Minister and other Government ministers should
make specific reference to the rule of law in their programme documents. Each minister
holds part of the puzzle of what the rule of law should ultimately look like in Haiti, but
ministers do not really see what their role is in establishing the rule of law.
15.
For that reason, and also with a view to developing a coherent approach to the
establishment of the rule of law among all ministries, the independent expert proposed that
steps should be taken to appoint an interministerial delegate or a deputy prime minister with
2
3
4
Message of President Martelly on the general situation of the country, delivered at the opening of
Parliament on 9 January 2012 (www.parlementhaitien.ht).
Several social welfare programmes (Ti Manman Cheri, Aba Grangou, Kore Ledikasyon, Kore
ekonomi familyal) for Haitians living below the poverty line have been incorporated into the “EDE
PÈP” strategic programme. The programme provides for: cash transfers to women heads of
household, students, older persons and persons with disabilities; food assistance for the extremely
poor and for schoolchildren; free education for children and literacy training for adults; and, lastly,
support for economic revitalization in rural and urban areas.
GE.13-10672
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