Human Rights Council begins interactive dialogue with Independent Expert on human rights in Haiti

AFTERNOON

3 July 2012

Concludes Dialogue with Special Rapporteur on Contemporary Forms of Racism and General Debate on Racism and Xenophobia

The Human Rights Council this afternoon began an interactive dialogue with the Independent Expert on human rights in Haiti. It also concluded an interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and a general debate on racism, racial discrimination, xenophobia and related intolerance.

Michel Forst, Independent Expert on the human rights situation in Haiti, said the new Government had already announced a number of reforms and Haiti had made considerable progress since the last report in March 2012. Regarding the situation in the penitentiary area, slow progress had been made. Regarding his recommendations, he noted that gender-based violence and rape persisted in Haiti and there was also the question of impunity which was favouring the perpetrators of such crimes. Regarding the question of temporary camps, the number of persons living there had declined but a large number of persons were still living in very difficult conditions.

Haiti, speaking as the concerned country, said that the report noted significant progress in the protection of human rights in Haiti, but it could further improve the situation. Indeed, sustainable development required the strong and continuous support of the international community, as was mentioned by the Independent Expert. Reforms of judicial and penal institutions were in full swing. Haiti shared the concerns of the Independent Expert regarding persons living in tents and spared no efforts and within limits of its resources to find solutions to situations of displaced persons. One of the scourges that hindered efforts was impunity and the Government intended to confront the problem.

In the interactive dialogue with the Independent Expert, delegations commended Haiti for including among its priorities the protection of human rights. Institutional challenges affecting human rights and the rule of law in the country were difficult, but not insurmountable. The protection of the most vulnerable remained a challenge in the context of reconstruction. What other obstacles were there?

Speaking in the interactive dialogue were Ecuador, United States, European Union, Norway and France.

At the beginning of the afternoon, the Council concluded its interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. A summary of the dialogue that began this morning, Tuesday 3 July, 2012, is available here.

In the interactive dialogue, speakers expressed concern about xenophobia against foreigners and migrants that was exacerbated by the current economic crisis. It was noted that racism, racial discrimination, xenophobia and related intolerance were complex issues that required a comprehensive approach. Education should remain the main weapon for combating the vicious circle of ignorance. The implementation of existing commitments was of fundamental importance. Delegations also enquired about examples of good practices or suggestions that could be useful in fighting against the phenomenon.

Mutuma Ruteere, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, in concluding remarks proposed an in-depth examination in his future reports of the various forms of discrimination that had been identified during today’s interactive dialogue. There was a need to pay attention to the increase in extremist parties and groups. Mr. Ruteere emphasized that prevention should be consistent with international human rights law and agreed that it was necessary to compile a guide of good practices which would be passed on to States to be used in their fight against xenophobia and racism.

Speaking in the dialogue were Nepal, Austria, Iraq, Luxembourg, Italy and Bangladesh.

The following non-governmental organizations also spoke: International Movement Against All Forms of Discrimination and Racism, Open Society Institute, International Educational Development, Libération and the Organization for Defending Victims of Violence.

The Council also held and concluded a general debate on racism, racial discrimination, xenophobia and related intolerance: follow-up to and implementation of the Durban Declaration and Programme of Work.

In the general debate, delegations expressed concern about increasing xenophobia against migrants and persons of African descent, and the stereotyping of Muslims in the media. Racism and xenophobia remained a global challenge that demanded a multilateral response. There were calls for the full implementation of the outcome of the Durban Declaration and Programme of Action, and the Convention on the Elimination of All Forms of Racial Discrimination.

The following delegations took the floor: Senegal on behalf of the Arab Group, Pakistan on behalf of the Organization for Islamic Cooperation, Libya, China, Russia, Malaysia, Cuba, Qatar, Kuwait, Algeria, Iran, Ukraine and the Council of Europe.

The following non-governmental organizations took the floor: Libération, European Union of Public Relations, North-South XXI, Indian Movement Tupaj Amaru, International Humanist and Ethical Union, International Committee for the Indians of the Americas, Comité International pour le Respect de l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, Society of Threatened Peoples, International Human Rights Association of American Minorities, International Association of Jewish Lawyers and Jurists, African Commission of Health and Human Rights Promoters, Indian Council of South American, United Nations Watch, Verein Sudwin Entwicklungspolitik, International Youth and Student Movement of the United Nations, Organization pour la communication en Afrique et de Promotion de la Cooperation Economique Internationale and the World Muslim Congress.

Mauritania and China spoke in a right of reply.

The Human Rights Council will resume its work at 10 a.m. on Wednesday, 4 July to continue the interactive dialogue with the Independent Expert on Haiti, to be followed by the presentation of the reports of the United Nations High Commissioner for Human Rights on technical assistance on Kyrgyzstan as well as on the Voluntary Fund for Technical Cooperation and the report of the Board of Trustees.

Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Nepal concurred that effectively combating racial discrimination and intolerance depended on enforcement and preventive measures. These measures should focus on cultivating a spirit of brotherhood and combating a psychology of “others” and “outsiders”. Nepal noted with concern that xenophobia against foreigners and migrants had worsened amidst the economic crises. In Nepal, people from all communities, regardless of their identities, were equal before the law and formed a national chain of unity among diversity.
Austria said that this issue was complex and multi-dimensional and necessitated a comprehensive approach to address its political, economic, social and cultural aspects. The report specifically mentioned the participation of discriminated against and marginalised groups in public and political life. Austria asked if the Special Rapporteur would be interested in cooperating with the Independent Expert on minority issues.

Iraq recognised the importance of combating racism and discrimination and was in the process of adopting a draft law prohibiting racism, in accordance with the International Covenant on Civil and Political Rights, to put an end to the suffering that racism had imposed for a long time.

Luxembourg commended the in-depth work carried out by the Special Rapporteur on contemporary forms of racism. Concerning the use of the Internet and social media for the dissemination of racist ideologies and racial hatred, Luxembourg pointed out that education should be the main weapon for combating the vicious circle of ignorance. What were the most effective strategies to combat racist violence in sporting events? Luxembourg was committed to giving its full support to the work carried out by the Special Rapporteur.

Italy reported the recent establishment of a new Ministry for international cooperation and integration and the adoption of a new strategy for Roma, Sinti and Camminanti people. The Roma issue and religion, culture and integration had been addressed in two recent conferences. Racism undermined peace, security, justice and social progress. The implementation of existing commitments was of fundamental importance. Italy therefore encouraged countries that were not parties to the International Convention on the Elimination of All Forms of Racial Discrimination to adhere to it.

Bangladesh welcomed the report by the Special Rapporteur and said that migrants continued to be the victims of discrimination throughout the world. The existing economic uncertainty and the rise of unemployment had aggravated discriminatory practices and xenophobia around the world. Bangladesh condemned xenophobic attacks and hate crimes committed against minorities, especially Muslims, and emphasized that it was necessary to combat racial and religious hatred. It was the State’s responsibility to prevent intolerance and racial discrimination.

International Movement Against All Forms of Discrimination and Racism shared the concern about the rise in racism and incitement to hatred and violence. It also expressed grave concern over restrictive immigration and refugee laws that made specific individuals and groups more vulnerable. Were there any recommendations for States in that regard?

Open Society Institute was concerned by the rise in ethnic profiling and policing in Europe. This wrongly suggested that discrimination was acceptable. Governments using ethnic profiling had to end this discriminatory practice by reforming laws, policies and practices, so that persons were stopped only if there were reasonable grounds of suspicion that they had committed a crime.

International Educational Development said that Sri Lanka identified the public demonization of the minority group. A deflection of attention to the rules of humanitarian law by the State in question, and concerted efforts by the majority to undermine the social, political, cultural and economic and religious rights of the minority group, the Tamil people in that case, had resulted in mass atrocities taking place. The Secretary-General’s Panel of Experts had pointed out the failure of the United Nations system in its “responsibility to protect” in that regards.

Liberation appreciated the endeavour and position taken by India concerning the importance it attached to the Council and its mechanisms. However, India was a racist country and continued to deny the racial discrimination against indigenous people in North East India and other areas. Liberation urged the Council to request India to uphold provisions for both national and international laws to protect indigenous people.

Organization for Defending Victims of Violence said that a wave of anti-Muslim intolerance and antagonism was sweeping Europe. Anti-immigrant, anti-Muslim and extreme rights parties seemed to be cashing in on economic hardship and austerity measures. The Organization for Defending Victims of Violence called on the Council to give importance to subjects such as the promotion of dialogue among religions and to remove ambiguities from incorrect interpretations of monotheist religions.

Concluding Remarks by the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

MUTUMA RUTEERE, Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, in concluding remarks proposed an in-depth examination in his future reports on the various forms of discrimination that had been identified during today’s interactive dialogue. He also noted the need to pay attention to the increase of extremist parties and groups. He asked for reports on the matter from all parts of the world, and he expressed his gratitude for the willingness of delegations to provide information on those issues. He noted the consent of delegations on the need to prevent racial and ethnic hatred, and he emphasized that prevention should be consistent with international human rights laws. He agreed that it was necessary to compile a guide of good practices which would be passed on to States to be used in their fight against xenophobia and racism. He also called for greater attention to be paid to recent developments which had posed new challenges in the fight against racism.

Documentation

The Council has before it the programme of activities for the International Year for People of African Descent - Report of the Secretary-General A/66/342 and A/66/342 Add.1 on contributions received.

General Debate on Racism, Racial Discrimination, Xenophobia and Related Intolerance

Senegal, speaking on behalf of the African Group, said that it was regrettable to note increasing racist acts of violence perpetrated against black and African communities in the context of the economic crises which had rendered these groups vulnerable. In terms of prevention, specific measures should be envisaged to foster awareness on the effects of racism through the media, education, culture and the Internet. Similarly, the legal arsenal of Governments should be given adequate means to prosecute all forms of discrimination. Sanctions would also have a dissuasive effect; the African Group reiterated its commitment to fight against racial discrimination and related forms of intolerance.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that despite continued commitments to combat racism, the international community was experiencing old and new forms of racism. The Organization of Islamic Cooperation was of the view that much still needed to be done in terms of practical steps and measures to be taken by States towards achieving the goals of the Durban Declaration and Programme of Action. The Organization of Islamic Cooperation remained deeply concerned at the continued instances of deliberate stereotyping of Muslims in the media, in particular when condoned by Governments and Parliamentarians.

Cyprus, speaking on behalf of the European Union, said that the fight against racism and xenophobia remained a global challenge that demanded a multilateral response and the International Convention on the Elimination of All Forms of Racial Discrimination constituted an effective international instrument to combat this scourge. Sadly, too many States had yet to sign, ratify and implement the Convention. In June, the European Union had adopted a new strategic framework which set out the principles, objectives and priorities designed to improve the effectiveness and consistency of European Union policy in the next 10 years.

Russian Federation, speaking on behalf of a group of States, said that Nazi crimes during World War II had been particularly traumatic for the people of the USSR. Today they saw continuing cynical attempts of political forces to compel to oblivion the lessons learnt during that war. The Russian Federation expressed deep concern over the desire of those forces to declare the Nazis heroes, which made a mockery of the millions who had suffered from the actions of Nazis. Russia also condemned those who advocated extremist ideologies and called upon States actively to condemn such actions. Nazi ideology was a threat to the world as a whole.

Libya said that contemporary forms of racial discrimination and xenophobia continued to target many communities on a daily basis. The main reason for this was the lack of political will. The issue was truly global and therefore it required a global vision in order to find the tools that would eliminate manifestations of racism. In most cases racism targeted vulnerable and marginalized groups. A notable example of that was the Palestinian people, who were affected by racist Israeli laws. That was a manifestation of apartheid and a crime against humanity.

China said that racism posed a grave threat to world peace, stability and development. The economic crisis had given rise to new forms of racism and xenophobia, and discrimination against immigrants was getting worse. China was firmly opposed to double standards in the fight against racism. The international community should take effective measures to eliminate the source of racism and to promote intercultural dialogue and mutual respect. The outcome document of the Durban Review Conference had not been fully and comprehensively implemented yet, and China encouraged States to implement it.

Russia, speaking in its national capacity, said that the deterioration of the situation in relation to racism, racial discrimination, xenophobia and related intolerance was confirmed by data from international human rights organizations. Had there been proper analysis of the causes? Had the phenomenon been properly evaluated without the use of double standards? In a number of countries in Europe discriminatory measures had been adopted against certain ethnic groups, and the phenomenon of mass statelessness had appeared. Russia was particularly concerned by the encouraging local authorities in a number of European countries of activities of Neo-Nazi radical groups.

Cuba noted with concern that the international community was still very far from the total implementation of the agreements reflected in the documents of the Durban Declaration and Programme of Action. Use of the Internet and social networks to disseminate discriminatory messages was a growing phenomenon. Attacks against migrants, inhumane treatment of minorities, implementation of racist policies that led to growing numbers of expulsions, and anti-terrorist laws based on racist and stereotypes were proliferating. International cooperation was crucial. The fight against the phenomenon was everybody’s responsibility.

Qatar was concerned by the rise of extremist parties, groups and movements that tried to stereotype Muslims and Islam against international relevant resolutions. Women and girls were often victims of discrimination and were marginalized on the basis of race, nationality, and gender, in the areas of education, healthcare and work. Qatar invited the international community to unite efforts to combat this scourge, a flagrant violation of human rights and fundamental freedoms, given that such acts undermined fundamental values of human rights, including dignity.

Kuwait reiterated the close link between racism and poverty and the need to take this transversally into account, and the importance of development programmes and the improvement of social conditions in the combat against racism. Kuwait’s Constitution, a pioneer with regards to human rights, recognised that all individuals were equal in dignity and obligations. Kuwait had worked on the fight against racism around the world and had assumed its responsibility toward the international community in a responsible manner, including though the provision of development assistance. Economic and social development was the cornerstone for the development of societies.

Algeria said that while progress had been made in the implementation of the Durban Declaration through laws and programmes to combat racism; nevertheless, profound causes such as poverty and inequality continued to fuel racism and exclusion. Xenophobic discourse had become more common and condoned in some societies. Responsibilities lay at every level to radically reverse these tendencies. The Council should adopt preventive measures to address the issue of racism, xenophobia and related intolerance. Those instruments must be strengthened and supplemented by new instruments that addressed new forms of discrimination and intolerance.

Iran said that more than a decade after the adoption of the Durban Declaration and Programme of Action, the problems of racism and intolerance still persisted. Contemporary forms and manifestations of racism offered main challenges for the universal enjoyment of rights. Muslims continued to be subjected to Islamophobia, discrimination and marginalisation on the basis of their religion, particularly in Western countries. Iran condemned and remained deeply concerned about the unrelenting instance of the promotion of hatred against and intentional stereotyping of Muslims by the media and radical individuals and groups, particularly right wing political parties in Western countries.

Ukraine was committed to fighting racism, racial discrimination, xenophobia and related intolerance. It had recently developed a strategy to combat discrimination which placed emphasis on preventive measures. The organization of the latest UEFA tournament EURO 2012 had demonstrated that Ukraine was on the right track regarding the fight against racism and discrimination. Ukraine, which had experienced considerable suffering during World War II, reassured the Council of its full support for combating discrimination in all its forms.

Council of Europe reported that the European Commission had adopted in June 2012 a general policy recommendation on racial discrimination in employment, including access to employment, selection criteria, remuneration and membership of trade unions. The Council of Europe condemned political leaders who promoted racist tendencies in society and stressed that politicians had a responsibility to eliminate stereotyping and stigmatizing of minority groups from political discourse during electoral campaigns, and it encouraged the media to employ factually correct and balanced terminology.

Liberation expressed concern over the racial profiling of indigenous peoples in Northeast India and reported examples of persons who it believed had been victims of hate targeted violence. Liberation called on India to recognize the multi-racial composition of the country and stressed that the phenomenon of racial discrimination should be investigated under the existing laws of the country. It was also necessary for the Council to seek ways of ensuring that xenophobic crimes were not repeated and that the perpetrators of such crimes were punished.

European Union of Public Relations said that it was imperative that Nation States instituted systems of governance that created a stake in the well-being of the nation in the consciousness of each and every citizen. There was also a need to ensure that the judicial systems and legal structures that functioned in a country did not discriminate between peoples on the basis of gender, religion or any other characteristic.

North-South XXI urged the Council to encourage accountability of both States and the Office of the High Commissioner for the efforts that were required to combat racism and associated forms of discrimination that had been elaborated by the Durban Declaration and Programme of Action. Without that accountability, there was a risk that efforts to combat racism and other forms of discrimination undertaken thus far may be reversed, or their positive effects erased.

Indian Movement “Tupaj Amaru” said that indigenous peoples’ vision showed that racial discrimination stemmed not from a clash of civilizations or cultures but from colonialism and the neo-colonial system. The representative of Tupaj Amaru said he was subject to selective, discriminatory and double standard treatment within the United Nations itself.

International Buddhist Relief Organization said that caste-based discrimination was a chronic human rights condition which involved massive violations of rights. More than 260 million people worldwide were affected by caste-based discrimination and the International Buddhist Relief Organization called upon the international community to recognise caste-based discrimination as a contemporary manifestation of racial discrimination.

Centre for Human Rights and Peace Advocacy drew attention to the discrimination and human rights violations committed by the progressive democratic States. Minorities had become victims since India became independent in 1947. Dalits were not allowed to fetch water from wells of rural areas. Catholics of inferior classes had been assaulted and humiliated.
Association of World Citizens said that the past years had witnessed the rise of xenophobia which could not be differentiated from xenophobic racism and constituted a national scourge. How could a global consensus be achieved that was not based on a single and exclusive view of the world? Justice should remedy these divisions in the world.

International Humanist and Ethical Union said that slavery remained one of the most radical forms of discrimination and pointed out that in Africa slavery still existed. A notable example was Mauritania, where 300,000 persons were still being exploited. The practice was also encouraged through religious justification and the phenomenon of slavery had a serious impact on the whole of society. Societies such as Mauritania needed a new approach which should replace unacceptable values based on tradition and religion.

International Committee for the Indians of the Americas (Switzerland) said that racial discrimination in Hawaii was still used as a tool by the United States, which systematically suppressed the national identity of native Hawaiians. The Hawaiian community was being besieged by programmes and activities which sought to re-identify Hawaiians as indigenous to the United States, and the International Committee called upon the Council to protect the right of self-determination for Alaska and Hawaii.

Comité International pour le Respect de l’ Application de la Charte Africaine des Droits de l’Homme et des Peuples (CIRAC) said that the killings of Shias in Gilgit – Baltistan showed a failure of law enforcement in the area. The International Committee also noted the discrimination on the basis of ethnicity in Azad Kashmir and the discrimination in the educational curriculum, which forced Kashmiris to make Urdu their official language even though it was not their native language. Kashmiris suffered discrimination in all walks of life under Pakistani administration.

Society for Threatened Peoples, in a joint statement, said that despite China’s obligations under the Convention on the Elimination of Racial Discrimination, the racial discrimination faced by Tibetans under the Chinese authorities had gotten worse since March 2008. The organizations urged the Chinese authorities to implement the recommendation of the Special Rapporteur to invest in education as a tool for transforming attitudes and correcting ideas of racial hierarchies and superiority.

International Human Rights Association of American Minorities said that racism, prejudice and xenophobia were rampant in India. Racial discrimination in India systematically denied numerous people their human rights because of their prevailing caste system, colour, race, ethnicity, descent and national origin. It requested the Council to play an effective role to ending all sorts of discrimination, racism and xenophobia all over the world.

International Association of Jewish Lawyers and Jurists referred to a conference that took place the previous Tuesday in Tehran, with the aim of encouraging Iran’s appreciated efforts at combating the phenomenon of drug trafficking. However, among other anti-Semite expressions, a statement was made during the conference that blamed the Jews and Israel for the drug trafficking phenomenon, with no factual basis, and driven from hatred. The Association requested the Council to condemn such incidents.

African Commission of Health and Human Right Promoters looked forward to the adoption by the Council of a draft programme of action for the Decade for People of African Descent which was to be finalised by the General Assembly. The African Commission called on the Council to review the implementation of the General Assembly decision on a public outreach campaign in support of the Durban Declaration.

Indian Council of South America said that the Durban Declaration called for addressing the root causes and institutional and structural forms of racism, which were often ignored or not addressed. The Indian Council called on the Special Rapporteur to include the root causes of racism that persisted today. The former Special Rapporteur had completed a visit to the United States without one mention of violations against indigenous peoples, could Mr. Ruteere address this blatant omission?

United Nations Watch said that at an international conference in Tehran, Iranian Vice President Mohammad Reza Rahimi had shocked diplomats by saying that Talmud was responsible for the spread of illegal drugs around the world, along with other accusations against Jews and Judaism. United Nations Watch echoed the denunciation of Mr. Rahimi’s remarks by United Nations Secretary-General and Yury Fedotov. How could Iran be allowed to host the Non-Aligned Movement Centre for Human Rights and Cultural Diversity?

Verein Südwind Entwicklungspolitik was concerned about the rise of xenophobia and racial discrimination against Afghans in Iran. Several attacks had occurred against Afghans in the country in recent years and Afghans had been banned from entering certain public sites in Iran. There were also reports that it was forbidden to sell food to Afghans without a resident card in certain parts of Iran. Sudwind called upon Iran to take immediate measures to stop discrimination against Afghans in the country.

International Youth and Student Movement for the United Nations said that before the next session of the Council the Office of the High Commissioner should present a full report on the implementation of the General Assembly and the Human Rights Council’s resolutions. The fact that those had not been implemented sent a message that the international norms and standards on combating racism were not a priority in the quest for human rights for all.

Organisation pour la communication en Afrique et de Promotion de la Cooperation Economique Internationale – OCAPROCE Internationale said that racism was a multi-dimensional issue which required a comprehensive approach to be addressed in all its aspects. Discrimination based on work and descent existed throughout the world and affected millions of people, especially in parts of Africa and India. The non-governmental organizations called upon the international community to continue its efforts to eliminate discrimination based on work and descent, which was a form of racial discrimination.

World Muslim Congress said that discrimination based on work and descent existed all over the world and affected millions of people, including Kashmir students, and businessmen in mainland India, who were often intimidated, detained and sometimes tortured to death. The values of Hindu fundamentalism were a grave threat to peace and stability in the region. The Council had to take stock of the situation and condemn systematic discrimination on the basis of race, ethnicity, or religion.

Right of Reply

Mauritania, speaking in a right of reply in reference to the statement of International Humanist and Ethical Union, wished to clarify that it belonged to a geographic area which like many other parts of the world had known slavery, but for decades now the authorities had initiated a strategy to combat the scourge and its consequences that belonged to history. That strategy had made it possible to achieve considerable results, as was noted during the country’s Universal Periodic Review. The recommendations had been implemented and were the subject of constructive dialogue with the Special Rapporteur on contemporary forms of slavery. Mauritania invited the non-governmental organization to get together with organizations that followed the slavery situation more closely in Mauritania, to be better informed of developments and progress made in combating the consequences of slavery. In Mauritania, nobody lived in slavery anymore.

China, speaking in a right of reply, said that comments by non-governmental organizations (NGOs) had disregarded the actual situation in Tibet, and China categorically rejected all allegations. China was a united multi-ethnic society; there were no ethnic or racial problems in China. NGOs did not even know what the problem of racism was. China’s policies established that all minorities were equal in unity and China attached great importance to the economic, social and religious development of all minorities. There was a quota system through which these ethnic minorities were represented. China provided ethnic minorities with assistance on a voluntary basis and in doing so it had been accused of violating their way of life. Criminal incidents of beating and looting and isolating incidents of immolations had taken place and, in order to secure the social order, China had taken measures according to law. If the issue of Tibet was mentioned by NGOs so frequently, it was not because of the human rights situation, but because of the efforts of foreign powers to demonise China and separate Tibet.

Documentation

The Council has before it the report of the Independent Expert on the situation of human rights in Haiti, Michel Forst A/HRC/20/35. The report of the Independent Expert – Correction A/HRC/20/35/Corr.1 (available only in French) and the report of the Independent Expert - Addendum - Forced returns of Haitians from third States A/HRC/20/35/Add.1.

Presentation of Report by Independent Expert on the Situation of Human Rights in Haiti

MICHEL FORST, Independent Expert on the Human Rights Situation in Haiti, thanked the authorities of Haiti for their cooperation with him in the context of his mandate. He commended the decision made by the President and Prime Minister of Haiti to combat poverty. As noted in his last report, for the first time in the history of Haiti a democratically elected president had handed power over to another democratically elected president, which was very encouraging. The new Government had already announced a number of reforms and Haiti had made considerable progress since the last report in March 2012. Other institutions which were provided for in the Constitution now had to be established, and Mr. Forst welcomed the fact that last week the President of Haiti announced his determination to set up the Permanent Electoral Council and to organize legislative and municipal elections. Regarding the situation in the penitentiary area, slow progress was being made but nevertheless prison conditions in Haiti remained difficult because of the increasing number of prisoners who suffered from inhumane and degrading treatment.

Regarding his recommendations, the Independent Expert noted that gender-based violence and rape persisted in Haiti and there was also the question of impunity which favoured the perpetrators of such crimes. Firm instructions therefore should be given to the relevant police and judiciary authorities to tackle the problem. Regarding the question of temporary camps, the number of persons living there had declined but a large number of persons were still living in very difficult conditions. Appropriate measures should be taken to re-house those families. The ratification by the Haitian Parliament of the International Covenant on Economic, Social and Cultural Rights constituted a welcome development. Mr. Forst emphasized the right of Haitians to housing, education, access to health care, and professional and vocational training. Regarding Haitian deportees who had been turned away by recipient countries after the earthquake in Haiti, a separate report had been prepared because of the human challenges posed by that issue. He appealed to States to take into account humanitarian factors in cases where people were going to be sent back. He also appealed to the authorities of the country to respond to the large number of complaints received about the impunity of the former Government.

Statement by Haiti as the Concerned Country

Haiti, speaking as the concerned country, said that the report noted significant progress in the protection of human rights in Haiti, but it could further improve the situation. Indeed, sustainable development required the strong and continuous support of the international community, as was mentioned by the Independent Expert. Reforms of judicial and penal institutions were in full swing. The Haitian police was becoming professional and corrupt elements had been eliminated from the institution, and the population now had a positive view of the police. The judicial and political institutions improved their ways of operation, but pockets of resistance remained. The Constitution had just been amended, integrating principle of multi-nationalism and a set of rights including the right to education, health and housing. Haiti had been experiencing a cholera epidemic over the past two years. Education campaigns and epidemiological measures had already borne fruit. Social insurance projects through State agencies were alleviating the suffering of the poorest and most vulnerable. These initiatives were not enough but responded to recommendations of the report.

Haiti shared the concerns of the Independent Expert regarding persons living in tents and spared no efforts and within the limits of its resources to find solutions to situations of displaced persons. The numbers were declining, accord to a report of the International Organization for Migration, which would facilitate the planned closing of the camps. One of the scourges that hindered efforts was impunity and the Government intended to confront the problem and punish perpetrators. President Martelly-Lamothe had established a delegate Minister to combat poverty and protect and promote all human rights. Furthermore, 33 per cent of the Martelly-Lamothe Government was composed of women.

Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Haiti

Ecuador commended Haiti for including among its priorities the protection of human rights. Concerning the proposal of the Independent Expert to organise seminars in collaboration with the Special Procedures, Ecuador noted that donors should concentrate efforts on the formal and informal economy, support women and pay special attention to the most vulnerable sectors. Ecuador had assisted Haiti by sending bridges of engineers, medics and other relevant staff, through bilateral cooperation and police training in Haiti. Ecuador had hosted and regularised a number of Haitian citizens and supported Haiti in its efforts to achieve sustainable reconstruction.

United States said that institutional challenges affecting human rights and the rule of law in Haiti were difficult but not insurmountable and the United States looked forward to continuing its collaboration with Haiti and the international community to address issues highlighted by the Independent Expert and during the Universal Periodic Review. Concerning impunity and corruption, what capacity building work was planned for key institutions? Were there lessons learned from the evolution of judicial independence in other countries with similar legal structure that could be shared?

European Union concurred that the central focus should be on the rule of law as the heart of envisioned reforms and respect for human rights, and combat of impunity and corruption. Concerning the rule of law, would this only contribute to civic and political rights or to ensuring economic, social and cultural rights of the Haitian population? The protection of the most vulnerable remained a challenge in the context of reconstruction, what other obstacles were there? Concerning a human rights training institution in Haiti, what would its main purposes be?

Norway was pleased to see that progress had been made since the last report on Haiti as described in today’s report by Mr. Forst. Norway expressed concern however that the case of the former dictator had not received adequate attention and also asked the Independent Expert to address and elaborate further on the issue of the Haitian persons living in temporary camps; the issue of prisoners who were held in prisons in difficult conditions; and the progress made by the reform of the police.

France said that it attached particular importance to the mandate of Mr. Forst and had been following closely the efforts of Haitian authorities to restore the judicial system, to improve prison conditions and to take all other measures which contributed to the protection of all Haitian citizens following the previous recommendations by the Independent Expert. What measures did the Independent Expert think should be taken as a matter of urgency to tackle the issues of gender-based violence, impunity and transitional justice? France reiterated its full support for the mandate.

__________

For use of the information media; not an official record