CODE CABLE

ROUTINE UNCLASSIFIED

TO: LADSOUS, UNATIONS, NEW YORKZEID RA’AD AL HUSSEIN, OHCHR, GENEVA & NEW YORK

INFO: KHARE, UNATIONS, NEW YORKFELTMAN, UNATIONS, NEW YORKCLARK, UNDP, NEW YORK

FROM: HONORE, MINUSTAH, PORT-AU-PRINCE

DATE: 17 February, 2016

NUMBER: XXX

SUBJECT: Annual Report on the Situation of Human Rights in Haiti 1 July 2014 – 30 June 2015

Summary: The attached report (in French with summary in English), prepared by the Human Rights Section of MINUSTAH (HRS), 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. The present report includes recommendations to, and comments from, the Haitian Government.

1. MINUSTAH has regularly published reports on the situation of human rights in Haiti in line with the policy on the integration of human rights in UN Peace Operations and Political Missions. The attached report is prepared by the HRS, based on its own investigations and availing itself of the work of various sections and units of the Mission as well as from the country team, civil society organizations and the media. The report was submitted to the government who provided a series of comments; they were taken into consideration whenever possible.

2. The main areas of concerns highlighted for the past year are related to the human rights situation of detainees (conditions of detention amounting to cruel, inhuman and degrading treatment), dysfunctioning of the judicial system, arbitrary and illegal arrest, illegal use of force and ill-treatment by state agents. Furthermore, the report calls attention to the worrying situation of thousands of people of Haitian origin, or regarded as Haitians by the authorities of the Dominican Republic, returned or deported to Haiti.

3. The country’s engagement with human rights mechanisms continued positively with Haiti becoming party to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; the initial report of Haiti concerning the implementation of the International Covenant on Civil and Political Rights; and the eighth and ninth combined periodic reports on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

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The Government of Haiti 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 report recommends that engagement with human rights mechanisms should also include implementing the recommendations made by these mechanisms.

4. The report calls the Government of Haiti to consider to become party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment as well as its Optional Protocol establishing a system of regular visits by independent bodies to places where people are deprived of their liberty in order to prevent torture and other cruel, inhuman or degrading treatment. Recommendations further include, among others, calling the Haitian Government to avail itself of the expertise of the Special Procedures of the Human Rights Council in its efforts to fight against prison overcrowding and prolonged pretrial detention. MINUSTAH urges also the Government to continue investigations and bring to justice all those responsible for serious violations of human rights and provide victims with fair and equitable compensation. It calls the Haitian Government to avail itself of the expertise of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence in its efforts to implement judicial and non-judicial measures to address the serious violations of human rights committed in the past, notably during the presidencies of MM. Duvalier and Aristide and during various military regimes. These last two recommendations are inspired by your cable 2692 of 10 December 2015: Engagement of missions with the special procedures of the Human Rights Council.

Best regards.

[Drafted by Human Rights Section]

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