IACHR Commissioners at hearing on Haiti. Photo Courtesy of Mario Lopez Garelli (OAS/IACHR) (Oct. 26, 2010).
Participants: State of Haiti, Regroupement des Citoyens pour la Protection des Droits Humains (RECIPRODH)
Countries: Haiti
Topics: Rights of Women, Rights of Children
Human rights violations in Haiti have been an on-going concern to the IACHR. After a visit to Haiti in April of 2007, the IACHR reported its observations about the human rights situation, particularly focusing on the rights of women and children. The Commission urged Haiti to take urgent measures to provide adequate legal, medical, and related services for women and children who are victims of sexual violence. The Commission also urged Haiti to ensure that the right of these groups to be free from abuse and discrimination is adequately protected under the law. Lastly, the Commission requested that Haiti implement long-term solutions to problems of violence and discrimination against women and children.
The Commission also noted deficiencies in the Haitian justice system and a fragile security situation. The IACHR extensively reviewed the right of women to be free from violence and discrimination in Haiti in a 2009 report. This report notes that although Haiti had made progress in establishing government programs to protect women from violence and discrimination, Haiti faces serious problems with the justice system and its ability to investigate, prosecute, and punish these types of human rights abuses. The devastating earthquake of January 2010 earthquake further hampered the Haitian government’s ability to protect human rights.
Article 19 of the American Convention on Human Rights, to which Haiti is a party, states that “[e]very minor child has the right to the measures of protection required by his condition as a minor on the part of his family, society, and the state,” and Article 7 protects the liberty and security of every person. However, as Régistre explained, children and young women in areas, such as Ouaniminthe, that border the Dominican Republic, are often at risk of being kidnapped and sold into prostitution, or other trafficking situations. In addition, many incidents of rape, robbery, and other brutal attacks have been reported. Régistre emphasized that the Haitian judicial system does not provide any protection or remedy to victims because it is unfair, corrupt, and ineffective.
The State of Haiti was represented by Haiti’s Permanent Representative to the Organization of American States (OAS), Ambassador Duly Brutus, who did not contest the occurrence of the events described by Régistre. Instead, Ambassador Brutus said that a colossal effort is needed to better protect economic and social rights in Haiti, and acknowledged that the country’s judicial system remains weak. Ambassador Brutus stressed that Haiti currently does not have a functional government because it lost everything, including phone lines and ministry buildings, during the earthquake. He expressed hope that the upcoming elections in Haiti would bring progress in the country’s ability to protect economic and social rights.
Commissioner Dinah Shelton, the Rapporteur on Haiti, asked what percentage of the total aid money sent to Haiti went to the Haitian government. Ambassador Brutus noted that most of the money goes to international NGOs such as the International Committee for the Red Cross. The Haitian government did receive pledges between $800 million and $1 billion dollars, but much of this money has not yet been released to Haiti. Paulo Sérgio Pinheiro, the Rapporteur on the Rights of Children, asked Régistre if RECIPRODH had received any support from UNICEF or from NGOs. Régistre answered that although UNICEF had not helped in any way, RECIPRODH been able to work with a couple of other NGOs on this matter.
After Commissioner Rodrigo Escobar Gil explained that a complaint must be presented to Haiti’s domestic judicial system before the IACHR can act, Commissioner Luz Patricia Mejía Guerrero asked the petitioner what concrete steps he wanted the IACHR to take to help correct the situation in Haiti. Régistre did not provide any specific answer to this question. Rather, he said he just wanted help in ending the violence. The tools available to the IACHR to complete this task are limited. The IACHR the power to raise awareness of this situation through the issuance of a report, recommendations to the Haitian government, or a request to Haiti to adopt some form of precautionary measures. The IACHR cannot provide an effective government. Dinah Shelton closed the hearing after mentioning that the Commission wants to help remedy the grave situation as much as it can and noted that the Commission may visit Haiti after the elections. The hearing demonstrated the Haitian government’s awareness that many of its citizens are in danger, and that women and children have a right to security. However, Haiti still lacks desperately needed funds and institutional resources. The country currently still lacks the capability to adequately protect the rights of its citizens.
