UN Reports

The report presents and analyses the key elements of the human rights situation in Haiti between July 2015 and December 2016. It follows a report covering the period from July 2014 to June 2015 and published in February 2016.

Among the most important developments, it highlights the conclusion of the electoral cycle, which, after 18 months of sometimes violent protests, resulted in a return to constitutional order with the election of the President, 119 deputies (including three women), 20 senators (including one woman), and the holding of local elections. Haiti continued its collaboration with the special procedures of the Human Rights Council and United Nations treaty bodies. However, this relatively satisfactory involvement of the State in the implementation of human rights mechanisms should not mask the lack of substantive progress underlined in this report and in previous MINUSTAH public reports.

Despite the existence of a national normative framework regulating the exceptional circumstances under which law enforcement agents can resort to force (including firearms), the Human Rights Section has conducted several investigations on allegations of illegal use of force by state agents, which in some cases resulted in death. Allegations of ill-treatment and illegal or arbitrary arrests by Haitian National Police have also been reported. We note that despite its efforts to improve communication and increase transparency, the General Inspectorate of the HNP does not allocate enough resources to investigate crimes committed by police officers.

Even if the prison population ceased to increase during the period under review, its extent remains alarming and amounts to cruel, inhuman and degrading treatment. The dysfunctioning judicial system and illegal arrests are the main causes of this situation, which has continued to deteriorate since 2004. The measures that have been taken until now have not reversed this trend. The average occupancy rate of prisons in the country is 644 per cent and the average space available is 0.7 square metres per person.

The extreme slowness of judicial proceedings in cases related to political crimes of the past, such as the so-called ‘Duvalier’ and ‘Aristide’ affaires or the murder of journalist Jean Léopold Dominique, highlights the incapacity or unwillingness by the prosecution to conduct such proceedings and constitutes an obstacle in the fight against impunity.

Thousands of people of Haitian descent, or considered Haitian by the Dominican authorities, have returned or have been deported to Haiti, and have faced difficulties in their reception and reintegration. Beyond the migratory situation on the border with the Dominican Republic, the Human Rights Section is concerned about the limited capacity of Haiti to respond to the needs created by the growing risk of deportation due to an increasingly strict regional migration policy, which particularly affects people of Haitian origin, and in particular from countries such as the Bahamas, the United States and the Turks and Caicos Islands.

The Human Rights Section has continuously monitored and investigated the allegations of discrimination based on gender, sexual orientation and disability and supported civil society organizations fighting against these types of discrimination. The Human Rights Section noted that authorities who have the responsibility to protect and respect the rights of all people without discrimination were at the origin of a ban put on a cultural festival serving as a platform for artists from the LGBTI community. Several critics of the event had publicly affirmed that such festivals undermine the Haitian social and moral foundations and disrupt public order.

Full report here (in French)

The report presents and analyses the key elements relating to ‘popular justice’ in Haiti, also known as ‘vigilantism’ or ‘lynching’. This is the first report on this subject.

The phenomenon of lynching is of continuing concern in Haiti. Based on statistics and cases followed in recent years, it has been observed that lynching acts have rarely been subject to judicial investigation and even more rarely convicted. Indeed, 483 incidents of lynching or lynching attempts reported between 2012 and 2015 resulted in 59 arrests only. We are aware of only one conviction in a case of lynching. This passivity, even this tolerance, by State agents in front of serious crimes violates the right to life as guaranteed by international treaties to which Haiti is a party and as protected by national legislation.

The main reason given by the population to explain the use of lynching would be a lack of confidence in police and justice, and the fear that perpetrators of crimes enjoy impunity. This feeling is linked to the frequent failures of police and judicial authorities to investigate, prosecute and punish crimes. Some people then replace these authorities in order to exercise what they consider to be a form of justice. Authorities’ lack of resources to prevent and punish lynching reinforces the phenomenon and suggests that lynching is implicitly an accepted practice.

However, the analysis of available data shows that the vast majority of cases of lynching occurs in urban areas with the highest number of police officers per population. Meanwhile, the analysis of the prison population shows that a large proportion of prisoners is accused of theft, a crime that is the first reason given for committing lynching.

In a country where crime is generally low, the fact that lynching represents 15% of homicides should worry the authorities. Even if the State can’t be held responsible for each and every crime perpetrated on its territory, it nevertheless has the obligation to take appropriate measures and exercise required diligence to prevent crimes, investigate and punish perpetrators and compensate victims. Haiti having not taken any reasonable measures in this regard, we find it violates its obligation to protect.

A better study of the phenomenon is necessary to better understand and develop appropriate intervention strategies.

Full details here (in French)

This report presents and analyses key elements of the situation of human rights in Haiti between January and June 2014. It follows a report covering the period July to December 2013, published in June 2014.

Among the most significant developments in the first half of 2014, we note the promulgation and publication of decrees ratifying the Optional Protocols to the Convention on the Rights of the Child, on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography of children (4 June). The International Covenant on Econom- ic, Social and Cultural Rights entered into force (8 January) as well as the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1 April). Haiti submitted its mid-term report to the Universal Periodic Review (UPR) and the initial report to the Commit- tee on the Rights of Persons with Disabilities, and is finalising its report to the Committee on the Elimination of Discrimination against Women. To be noted as well is the signature of two Inter- American conventions against racism and discrimination. The visit of the Special Rapporteur on internally displaced persons (29 June to 5 July) was an opportunity to recall the need for sustain- able solutions to all persons in situations of vulnerability.

If arbitrary arrest and unlawful use of force by agents of the Haitian National Police (PNH) is a major concern across the country, the Human Rights Section is also troubled about the weakness of the mecha- nisms put in place to respond to these allegations. The General Inspectorate of the Haitian National Police (IGPNH) presented a monthly review of its activity, a measure widely covered by the media that shows the organisation’s commitment to transparency. It is undeniable that the performance of the IGPNH has improved significantly since last year and that the institution has made significant efforts to increase its credibility as a mechanism of accountability. There remain a large number of cases of professional misconduct by the police that are not brought to its atten- tion. In several other cases where police officers are suspected of having participated to criminal offenses, the Human Rights Section observed the reluctance of the HNP to immediately cooperate with the judicial authorities, preferring to rely on the disciplinary investigation conducted by the IGPNH. Howev- er, disciplinary and judicial investigations have different objectives and one should never be an obstacle to the other.

Violations of the right to liberty and security of the person and the right to a trial within a reasonable time remain among the most numerous violations of human rights observed by the Human Rights Section. In particular, the extremely high rate of pre-trial detention — over 70% — and the unrea- sonable delay between arrest and trial, continue to raise serious concerns. A large proportion of persons deprived of freedom have been arbitrarily arrested and are arbitrarily detained in condi- tions amounting to cruel, inhuman or degrading treatment.

Haiti is still suffering today the consequences of the burdensome legacy it inherited from the past, which could explain its difficulty to fight against impunity for serious violations of human rights committed in the past. While some progress has been made during this period, the setbacks were equally important. Judicial proceedings against Messrs. Aristide and Duvalier and in the case of the murder of journalist Jean Dominique highlight the inability or unwillingness of the public prosecutor to conduct such proceedings. The extreme slowness of the procedures, in itself constitutes a threat to the fight against impunity in that it may comprise an infringement to the victims’ and suspects’ right to trial within a reasonable time. The Jean Dominique case is still at the investigation stage when the facts date back more than 14 years; it is the same with the case against Mr. Aristide, where the first allegations date back to 2005.

The risk of forced evictions for people living in camps or informal settlements remained a source of concern for the Human Rights Section. Indeed, the Government has not proposed concrete steps to meet equitably the claims and rights of both landowners and IDPs.

The pre-electoral context contributed to demonstrations and tensions between supporters and opponents of the government. Many opposition groups, journalists, and human rights de- fenders have alleged they were victims of threats and intimidation against their freedom of opin- ion and expression. They attribute these acts and threats to State officials and government sup- porters.

This report has been shared with the government. Their comments have been annexed to this report.

Full report here (in French)

The present report presents and analyses the key elements of the situation of human rights in Haiti between July 2014 and June 2015. It follows a report covering the period from January to June 2014 and released in December 2014.

Among the most important developments are the promulgation of the electoral decree on 2 March 2015 by the President of the Republic, followed by the publication of an electoral calendar for the first round of legislative elections. Haiti has become party to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornog- raphy. The initial report of Haiti concerning the implementation of the International Covenant on Civil and Political Rights was considered by the Human Rights Committee. The eighth and ninth joint periodic reports on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women have been submitted. The State continued its collaboration with the Special Procedures of the Human Rights Council by welcoming two visits of the Independent Expert on the situation of human rights in Haiti and a visit of the Special Rapporteur on the human rights of internally displaced persons.

The prisons population has continued to increase during the reporting period, making even more alarming a situation that was already critical, equivalent to cruel, inhuman and degrading treatment. Dysfunctions of the judicial system and the large number of illegal arrests are among the causes of this situation that continues to deteriorate since 2004. The measures so far adopted have been ineffective to bend this trend. The occupancy rate of available space for prisoners in all prisons in the country is 804% while the average space per inmate amounts to 0.55 square meters. Furthermore, this information is only valid for 17 places of detention that are under the jurisdic- tion of Penitentiary Administration and does not take into account persons awaiting trial and con- victs held in police stations.

The Human Rights Section followed up several allegations of illegal use of force by state agents, resulting in death in many cases, despite the existence of a national legal framework determining the excep- tional circumstances in which state agents can resort to the use of force, including their firearms. The Human Rights Committee expressed concern at the recurrence of cases of deaths caused by firearms by law enforcement officials. Other allegations of illegal use of force – not involving the use of a firearm – and ill-treatment and illegal or arbitrary arrests by police officers were also reported during the period. The Human Rights Committee and HRS note that despite efforts in communication and transparency on the part of the General Inspectorate of the National Police, the institution does not allocate enough resources to investigate the crimes committed by police officers.

The extreme slowness of judicial proceedings in cases related to past political crimes, such as the so-called "Duvalier" and "Aristide" affairs or the case of the murder of journalist Jean Léo- pold Dominique, highlights the inability, or unwillingness of the public prosecutor to conduct such proceedings and represents an obstacle in the fight against impunity. The Human Rights Committee has also expressed concern at the slow pace of the trial against Mr Duvalier and urged the government to continue the investigation and bring to justice all those responsible for gross violations and provide victims with fair and equitable compensation.

The Human Rights Section received complaints and documented cases of violence and discrimination against vulnerable population groups, including women, children, and lesbians, gay, bisexual, transgender and intersex (LGBTI), journalists and human rights defenders. HRS questions the effectiveness and even the will of the authorities to respond to such situations as provided by the national regulatory framework.

A worrying situation has emerged on the border between Haiti and the Dominican Republic where thousands of people of Haitian origin, or regarded as Haitians by the Dominican authori- ties, returned or were deported to Haiti. This situation has developed after a ruling of the Domini- can Constitutional Court according to which children born in the Dominican Republic from un- documented parents have no more access to Dominican nationality. Following this decision, 210,000 people of Haitian origin were deprived of their nationality. According to the Dominican government, 524,000 migrants are in an irregular situation, many of them of Haitian origin. Concerns remain about the capacity of Haiti to address the urgent humanitarian needs related to such returns. Institutional constraints led to the installation of precarious and informal settlements. Beyond the migration situation at the border with the Dominican Republic, the Human Rights Section is concerned about the limited capacity of Haiti to address the risk of deportation created by a regional migra- tion policy increasingly strict and that especially affects people of Haitian origin, particularly from countries such as the Bahamas, Turks and Caicos Islands and the United States.

This report has been shared with the government. Their comments have been taken in consideration when possible.

Full report here (in French)

Between January 2012 and April 2013, seven regional offices of the United Nations Mission in Haiti collected data on the handling of rape complaints by police officers, justices of the peace, prosecutors, investigating judges and trial court judges. On a regular basis, the human rights officers visited the different courts to record the number of complaints received during the month, their origin, as well as the number of complaints processed and the way they were handled.

The data collected shows that the vast majority of rape complaints are not processed by the actors in the criminal justice system as they should be. This leads to the conclusion that the State is failing in its obligation to carry out the necessary investigations and to ensure that women victims of rape have effective access to legal proceedings.

Between January and March 2013, we analysed a sample of 457 complaints of rape filed by victims in seven departments; 767 acts of receipt of a complaint by one of the actors in the penal chain; and 543 acts of complaint processing.

Victims can file complaints with police stations, justices of the peace or public prosecutors' offices. 81% of rape complaints filed by victims are filed at police stations. The number of complaints handled by the police stations represents only 47% of the number of complaints they receive. Of the complaints that have been processed, half are forwarded to justices of the peace, which, according to the data collected, seems to constitute an additional obstacle to the processing of complaints, as justices of the peace do not have jurisdiction over rape cases and are themselves obliged to forward them to the public prosecutor.

The number of cases handled by the justices of the peace represents only 61% of the number of cases they receive from victims or police stations (complaints forwarded by police stations represent 56% of complaints received). The number of cases handled by the public prosecutor's office represents only 64% of the number of cases received from victims, police stations or justices of the peace. The number of cases handled by investigating offices represents only 10% of the number of cases received from victims or prosecutors' offices. The number of cases handled by the courts of first instance corresponds to only 34% of the number of cases received from the investigating offices.

Among the obstacles identified for access to justice for women victims of rape, the issue of the medical certificate requirement is regularly mentioned. Another obstacle is the 'amicable' arrangements often organised by the justices of the peace. The lack of rigour and negligence in recording complaints are contributing factors.

The data from this study confirms that of the study published in June 2012 , although based on a different methodology, and is in line with a report by the Judicial Inspectorate of the Ministry of Justice and Public Security , which both highlight the profound dysfunctions in the handling of offences by the actors in the criminal justice system.

Full details here (in French)