Committee on the Rights of Persons with Disabilities examines report of Haiti

GENEVA (16 February 2018) - The Committee on the Rights of Persons with Disabilities today concluded the consideration via video conference of the initial report of Haiti on its implementation of the Convention on the Rights of Persons with Disabilities.

Presenting the report in Geneva, Pierre André Dunbar, Permanent Representative of Haiti to the United Nations Office at Geneva, said that a series of devastating natural disasters that had hit the country in the past decade badly hurt its society and economy, and increased the level of vulnerability and the number of persons with disabilities.  But, the disasters also contributed to a transformation in social attitudes vis-à-vis disability, which was no longer attributed to divine will or non-natural phenomena.  Such a change greatly facilitated a participative approach to disability.  Haiti’s ratification of the Convention in 2009 had led to the adoption of a series of legislative, administrative and social measures aimed at inclusion of persons with disabilities.  The Law on the Integration of Persons with Disabilities had entered into force on 21 May 2012, whereas the Parliament was discussing a law to ensure physical accessibility of public buildings, an area that so far remained neglected.  Although significant advancements were evident at the legislative and judiciary level, there was a significant shortage of resources due to mass poverty and lack of basic services, said Ambassador Dunbar, as everything seemed to be a priority.

Speaking via video conference from Port-au-Prince, the Ombudsman Office, Office de la Protecteur du Citoyen, commended the adoption of the Law on the Integration of Persons with Disabilities, but regretted that it had not yet created conditions for the effective application of the Convention.  

In the ensuing discussion, Committee Experts acknowledged Haiti’s challenges caused by natural disasters and welcomed the fact that the Convention was part of the national legislation.  Nevertheless, they regretted that the law did not recognize the concept of intersecting discrimination faced by women and girls with disabilities, and the right to information, and that disability was approached from a medical perspective.  Experts further inquired about the status of the Office of the Secretary of State for the Integration of Persons with Disabilities, definition of disability, structural discrimination of persons with disabilities and the existence and effectiveness of the complaints mechanism for the rights violations and discrimination.  A number of questions were raised about the participation of persons with disabilities, or their representative organizations, in formulating, monitoring and evaluating public policies affecting their lives; and about political representation and participation of persons with disabilities, access to justice and the electoral process.  Experts were concerned about abuse, trafficking and violence against women and children with disabilities, particularly those still living in post-earthquake camps, institutions and remote and inaccessible areas of the country.  Finally, the delegation was asked about measures in place to ensure availability of disaggregated data, measures to support independent living and community inclusion, the situation concerning inclusive education and access to health services.  

In his concluding remarks, Mr. Dunbar thanked Committee Experts for their useful questions, which would allow the Haitian delegation to assess what had been done and what more needed to be done.  

Coomaravel Pyaneandee, Committee Expert and Rapporteur for Haiti, was pleased with an open and frank dialogue and wished Haiti every success with the implementation of the Convention.  

Theresia Degener, Committee Chairperson, thanked the delegation for having answered the Committee’s questions and the civil society for the information provided.

The delegation of Haiti included representatives of the Ministry of Public Health and Sanitation, the Ministry of Education and Professional Formation, the Ministry of Judicial Affairs, and the Permanent Mission of Haiti to the United Nations Office at Geneva.

The Committee will next meet in public on Monday, 19 February, at 3 p.m. to consider the initial report of Nepal (CRPD/C/NPL/1).

Report

The initial report of Haiti can be read here: CRPD/C/HTI/1.

Presentation of Report

In his presentation of the report before the Committee in Geneva, PIERRE ANDRÉ DUNBAR,Permanent Representative of Haiti to the United Nations Office at Geneva, recalled a series of devastating natural disasters, which had hit the country in the past decade, had badly hurt its society and economy, and increased the level of vulnerability.  The unprecedented earthquake of January 2010 had killed about 222,000 people, injured 300,000 and greatly increased the number of persons with disabilities, and had left almost 2.3 million people without shelter.  Later that year, between October and December, more than 3,500 people had died and 150,000 had fallen ill in a cholera outbreak, and six years later, the hurricane Matthew had devastated the southern region of Haiti, causing 546 deaths, and leaving 2.1 million affected and 1.4 million in need of economic aid in its wake.  The Government of Haiti had been trying to implement the Convention provisions as much as possible in the context of the increased level of vulnerability, and a considerable increase in the number of persons with disabilities and the type of registered disability types.  One of the outcomes of the greater vulnerability of the population was the transformation in social attitudes vis-à-vis disability, which was no longer attributed to divine will or non-natural phenomena.  That change had favoured a participative approach to disability, with the participation of State, social and international actors.  Haiti’s initial report reflected that change and it was a result of wide consultations, Mr. Dunbar emphasized.  

Even though the spirit and the letter of the Convention had been in harmony with the 1987 Constitution, its ratification in 2009 had led to a reform of the legislative framework in Haiti, and the adoption of a series of legislative, administrative and social measures aimed at including persons with disabilities in the Government’s strategic plans.  The Law on the Integration of Persons with Disabilities had entered into force on 21 May 2012 and it promoted full social integration of persons with disabilities, while the Parliament was discussing a law to ensure physical accessibility of public buildings, an area which remained neglected.  The Office of the Secretary of State for the Integration of Persons with Disabilities had come up with a set of monitoring and communication measures to ensure that construction of new buildings respected the principle of accessibility and had developed partnerships with public and private partners to implement programmes of social, economic and employment assistance to persons with disabilities.  Although significant advancements had been achieved at the legislative and judiciary level, there was a significant shortage of resources due to mass poverty and lack of access to basic services, said Ambassador Dunbar, as everything seemed to be a priority.

Speaking via video conference from Port-au-Prince, theOmbudsman Office commended the Government on the adoption of the law on the integration of persons with disabilities and to fight discrimination against them, but regretted that the conditions for the effective application of the Convention had not been created yet.  The Office took note with satisfaction of the preparation of the bill to establish an international solidarity fund for the integration of persons with disabilities, but deplored that the autonomous organization for improving the living conditions of persons with disabilities no longer operated.  The Ombudsman intended to strengthen its cooperation with the Secretary of State regarding the integration of persons with disabilities and to tackle the systematic discrimination of persons with disabilities, including through receipt of complaints and a systematic follow up on violations of rights of persons with disabilities and discrimination against them.

Questions by the Country Rapporteur

COOMARAVEL PYANEANDEE,Committee Expert and Rapporteur for Haiti, acknowledged that Haiti faced difficult times following the devastation caused by an earthquake and hurricane and welcomed the fact that the Convention was a part of the national legislation.  

Mr. Pyaneandee inquired aboutstatistical data on the number of persons with disabilities, noting that the real figure was 15 per cent rather than officially cited 10 per cent.  The law did not recognize the concept ofintersecting discrimination faced by women and girls with disabilities, he said and asked how many children with disabilities had been abandoned.

Theright to information was not even recognized in the Haitian law - what was the situation in that regard?  It was disturbing that the phenomenon of disability was approached from a medical perspective, which meant that it was difficult to conduct appropriateawareness raising campaigns from a human rights perspective.  

There was a need for inclusive policies for persons with disabilities, stressed the Country Rapporteur, especially in the context of a great deal ofstructural discrimination, which had not been tackled since or prior to the ratification of the Convention.  What were the plans to strengthen the relevant laws and punish the use of cruel and derogatory language?  What was the mandate of thecomplaints mechanism?

Could the delegation explain howwomen and girls with disabilities were integrated in the National Plan on Gender, and how the civil society managed to come to Geneva for the review but not the Government?  How were the representative organizations of persons with disabilities funded to increase awareness raising?  

Questions by Committee Experts

Other Experts inquired about the laws and regulations that would be amended to align them with the Convention, the role persons with disabilities could play in the Disability Unit and about the status of theOffice of the Secretary of State for the Integration of Persons with Disabilities and the resources it had at disposal.  What was the status of the act on the inclusion of persons with disabilities and of the revision of the Labour Code?  

The delegation was asked about thedefinition and understanding of disability, the application of the internationalaccessibility standards and sanctions for those who did not respect those standards, the support provided to wheelchair users, and the measures to increase accessibility to information.

Experts raised a number of questions concerningintersectional discrimination against women and children with disabilities, and were particularly interested to hear about preventive measures in place, and the efforts to protect them from abuse, trafficking and violence.  What was the timeframe for the adoption of legislation to combat intersecting discrimination of women and girls with disabilities, and did adequate data on violence against women and children with disabilities exist?  How did Haiti provide for the proper health, safety and access to social services for women and children with disabilities in post-earthquake camps?  What was being done to support for children with disabilities living in camps and in inaccessible areas of the country?  How many children with disabilities were institutionalized?

What were the measures to support the involvement ofrepresentatives of persons with disabilities in formulating, monitoring and evaluation of public policies affecting their lives, and the mechanism to involve them in those decisions?  Was there any special strategy to deal with discrimination of persons with disabilities in media?

THERESIA DEGENER,Committee Chairperson, inquired about the Government’s provision on the prevention of disability as a measure to implement the Convention, and raised concern about the lack of legal measures to preventdiscrimination against persons with disabilities.  Did the State party involve religious leaders, especially voodoo leaders, in awareness-rising programmes?  Many women with disabilities had been raped and killed because of the belief that they were witches, Ms. Degener noted.  

Replies by the Delegation 

Responding to the Experts’ question aboutstatistical data, the delegation clarified that the figure of 10 per cent of Haitian population with disabilities was an estimate.  A census planned for 2018 or 2019 would allow the authorities to gather more reliable data on the number of persons with disabilities and the conditions in which they lived.  

The law of 2012 guaranteed free access to public spaces to persons with disabilities.  Regrettably, it did not foresee any sanctions for violations, which was why the Government had decided to strengthen theaccessibility regulations.  The bill would automatically be integrated into national law.  Currently, many public services were being hosted in private buildings because of the destruction caused by the hurricane and the earthquake.  
The authorities held basic trainings for architects and engineers on how to better incorporate respect for accessibility in their building designs, and were adapting legal texts and awareness raising in order to ensure that the environment was adapted to the needs of persons with disabilities.  

Thecomplaints mechanism was part of the State Secretary’s Office.  The Ombudsman Office was tasked to protect individuals’ rights vis-à-vis public authorities and to follow up on complaints.  The delegation took note of the Experts’ comment that there was a lack of the conformity of Haitian laws with the Convention, and said that the Ombudsman Office would study the laws and propose adequate changes in order toalign laws with the Convention.

Turning to the question aboutdiscrimination against women and girls with disabilities, the delegation reminded that Haiti was a party to various international instruments that protected the rights of women.  The law criminalized violence against women, notably rape, and the Government would continue to ensure access to justice for the victims and punishment for the perpetrators.  The authorities were carefully monitoring the prosecution of the murder of three women with disabilities suspected of being witches.

Until recently, disability was a taboo in Haiti, said a delegate, noting that the authorities worked closely with representatives of persons with disabilities in raising the awareness and disseminating the Convention; unfortunately, there severe budgetary constraints for its dissemination through the media.  The authorities had not yet approached religious leaders, particularly voodoo priests, in order to change religious stereotypes about disability.

The Constitution provided guarantees on the right to information and freedom of expression, and the State television was looking into introducing sign interpretation and subtitles in order to enhanceaccessibility of information to persons with disabilities.  A provision on safeguarding access to information for persons with disabilities was in place, although a specific law would have to be introduced.  

The Government had established the National Committee to Combat Trafficking in 2015, said a delegate and reassured the Committee that the authorities took note of their comments concerningtrafficking of women and children with disabilities and would investigate the situation in all orphanages.  An in-depth study should be conducted to determine the number of children with disabilities in orphanages who had been victims of trafficking.  

On the steps taken to providehealth services to children with disabilities living in post-earthquake camps and in the rural areas, the delegation explained that community health was a priority and that the Ministry of Health was developing the concept of community health agents to work directly with families.  

TheOffice of the Secretary of State for the Integration of Persons with Disabilities was working closely with local representatives of persons with disabilities and local officials to ensure that they took into account the needs of persons with disabilities in their agendas.  

Questions by Committee Experts

In the next round of questions, Committee Experts inquired about the efforts to improve the living conditions of persons with disabilities and whether laws and regulations were fully carried out in a pragmatic manner.  

The delegation was asked about the amendment of the Civil Code concerning thelegal capacity of persons with intellectual disabilities, and when and how Haiti would remove guardianship laws and supported decision-making in line with the Committee’s General Comment No. 1.
 
Experts asked whetherassistive devices were affordable for persons with disabilities and whether any such devised had been provided.  There was no production unit for prosthetic devices for persons with mobility impairment in Haiti and Experts wondered about the approach to solving that problem in view of several natural disasters.
     
In terms ofaccess to justice, to what extent had the Government provided accessibility to court facilities and procedural accommodation for persons with disabilities, and how were public servants trained to uphold the rights of persons with disabilities in their access to justice?  Experts remarked that persons with disabilities were left without any assistance in criminal proceedings and were subjected to discriminatory approach, and stressed that persons with disabilities should not be arbitrarily detained.

Persons with intellectual and psychosocial disabilities were placed in institutional care and treated in a discriminatory manner, noted the Experts and asked about the quality of life and conditions of persons with disabilities living in institutions.  How would the State party ensure independent living solutions and community inclusion through relevant policies and legislation?

What measures were being taken to punish the perpetrators ofviolence against women and girls with disabilities, and what plans were in place to stop the practice of sterilization of persons with disabilities without their consent?

Experts asked whether the current legislation incorporated theconcept of reasonable accommodation as applicable to all rights and as a form of discrimination on the grounds of disability?  What was the number ofcomplaints by persons with disabilities received by the Ombudsman Office and what was their outcome?  

The delegation was asked to inform about a national strategy for theconsultation with the most vulnerable people including persons with disabilities, whether persons with disabilities or their representative organizations were consulted in implementing disaster risk reduction plans, and if there were intentions to develop such a plan that would be completely disability accessible.

COOMARAVEL PYANEANDEE,Committee Expert and Rapporteur for Haiti, inquired about physical and psychological torture of women and girls with disabilities.  He repeated that the Committee was very well aware of the difficult circumstances faced by the Haitian authorities.

Was there a national comprehensive strategy to combat violence against women and persons with disabilities on intersectional grounds, asked THERESIA DEGENER,Committee Chairperson.  She also inquired about any structure of control or oversight over article 7 of the law of 2012 that prohibited medical or scientific experiments without consent.
 
Replies by the Delegation 

Responding to the question about the national strategy to combat violence, particularlyviolence against women with disabilities, the delegation explained that there was a decree that criminalized rape and strengthened national legislation in that respect.  There was also a strategic plan to combat violence against women as part of the national plan to implement the 2030 Agenda for Sustainable Development.  

Turning to the participation of persons with disabilities in the elaboration ofdisaster risk reduction plans, the delegation said that the authorities were making efforts to work closely with them directly, and that in provincial cities, persons with disabilities were able to take part in sectoral meetings.  Civil society could submit its views on the subject, and work in this direction was under way in collaboration with the Office of the Secretary of State for the Integration of Persons with Disabilities.

There was a production unit forprosthetic devices, and an institute had been created in 2014; however, those services were available primarily in the private sector.  

The delegation took good note of the Experts’ comments concerning the exemption from criminal responsibility forderogatory terminology in the Criminal Procedure Code and said that Haiti would work to address the issue.  Haiti had undertaken legal reform of the Criminal Code and the Criminal Procedure Code, while the Civil Code, which dated back to 1826, remained unchanged.  The Ombudsman Office would recommend reforms to align it with the Convention.

The Office of the Secretary of State for the Integration of Persons with Disabilities had submitted recommendations to the Ministry of Judicial Affairs concerning f abuse of persons with disabilities and improving theiraccess to justice.  A need remained for that Ministry and other public offices to systematically provide access to sing language interpretation for persons with disabilities.  A bill on legal assistance was being developed and would address the particular situation of persons with disabilities.      

Since 2012, the Ministry of Judicial Affairs had been making efforts toraise awareness of the Convention and the law on the integration of persons with disabilities among judges and lawyers, not only in the capital, but also in provincial towns.  As forcomplaints by persons with disabilities, they came in sporadically rather than systematically.  

Mental health had been on the Government’s agenda since 2005.  With support from Brazil, the Ministry of Health had developed a model ofde-institutionalization for persons with psychosocial disabilities which had had not been implemented due to the lack of resources, but it had established community-based treatment and solutions for such patients.    

There was no culture ofmedical experimentation in Haiti, apart from the case of cholera vaccination.  An ethics committee established a process to deal with medical experimentations.  

As forreasonable accommodation, under national law, employers were to provide appropriate accommodation at workplace and to provide employment support for persons with disabilities.  Unfortunately, the unemployment level in country was high due to the unfavourable economic situation.  Even though much remained to be done in that area, the Government was moving in the right direction.    

On theeffective implementation of laws and public policies to support persons with disabilities, the delegation noted that Haiti had been making efforts since 2010 to ensure access to social housing for persons with disabilities.  Civil society was involved in that process.  Social housing projects had been rolled out for the victims of the hurricane Matthew.  The Government spared no effort to ensure inclusion of children with disabilities ineducation and to facilitate school and university access.  It also granted scholarships, school assistants, and interpreters.

Questions by Committee Experts

COOMARAVEL PYANEANDEE,Committee Expert and Rapporteur for Haiti, remarked that the statistics were distorted and the problem was particularly acute in the registration of new-borns and the issuing of identity cards, where persons with disabilities experienced systematic and structural discrimination.  What was the extent of the independence of the monitoring mechanism, namely the Office of the Ombudsman.

Another Expert asked about the recognition of thesign language as the official language and the status of the Brail and the effort to promote the use of the Brail and the sign language in the media.

The delegation was asked about the number of persons with disabilities who served in the Parliament, measures in place to promote theemployment of persons with disabilities in public and private sectors, and the efforts of Haiti to significantly increase the availability ofdisaggregated data relevant for the development of disability policies.  To which extent would the Haitian Institute of Statistics use the proposal by the Washington Group on Disability Statistics in the upcoming census and were persons with disabilities consulted in the development of census methodologies?

What were the examples of disability inclusive development, and examples of tangible benefits for persons with disabilities?  

With regards toinclusive education, Experts inquired about steps taken to adopt a law on the matter and develop a national inclusive education policy, modify the current curriculum, and explicitly prohibit exclusion of children with disabilities from the mainstream education.

Experts asked how Haiti would establish anindependent monitoring mechanism in line with article 33 of the Convention, whether it would increase resources for the monitoring of the implementation of the Convention, and how persons with disabilities were involved in the monitoring.

How would the State party ensure thatdisability prevention and early detention of disability were based on the full consent of parents?

The precarious economic situation in Haiti had led to theabandonment of children with disabilities.  What policies were necessary for saving children with disabilities abandoned in orphanages?  

What had the State done to facilitateaccess to hospitals and health services for persons in wheelchairs, to guarantee the protection of persons with psychosocial disabilities and prevent their institutionalization?  How was the medical staff trained in the treatment of persons with disabilities?

Concerningaccess to information andfreedom of expression and opinion, the delegation was asked to explain how it implemented article 21 of the Convention, the system in place to ensure broad representation of organizations of persons with disabilities in public and political life, and to make the electoral process more accessible to persons with disabilities.
   
In which way and through what measures had the Government guaranteed that anyinternational cooperation assistance was accessible to persons with disabilities?  

THERESIA DEGENER,Committee Chairperson, asked what was being done to amend the 2012 law which allowed for a removal of a child custody from a person with disabilities based on disability and to amend the Civil Code which excluded some persons from the right to enter marriage.  What support services were available for families with children with disabilities and were there programmes which specifically targeted poor persons with disabilities?

Replies by the Delegation 

The delegation clarified that theOmbudsman Office was an independent organization and that it did not maintain hierarchical relationship with the State and was free from any kind of tutelage.  The Ombudsman Office acted the way it thought it should act, and played its role as a critic of the Government when appropriate.  

The delegation noted that laws were applied by judges, public servants and citizens in general, and that notwithstanding problems with the implementation and application of the laws, the authorities were making progress.  Turning to the question on theright to marry, the delegation reassured the Committee that the Civil Code did not deny this right to persons with disabilities; the Civil Code set the conditions for the celebration of marriage, such as age, sex and consent, and as long as there was consent, persons with disabilities had the right to enter into a marriage.

Major efforts were being made to assess accessibility in the tourism industry.

As for theparticipation in elections, persons with disabilities were given priority access to the voting stations on the election day, and there were restrictions on persons with disabilities to stand for elections and to participate in the electoral process.  The will was there to support their participation, even though much remained to be done logistically and in terms of accessibility.  Currently, there were persons with disabilities who served as Members of Parliament, but there had been in the past.  

Responding to the questions about the place of theConvention in the domestic legislation, the delegation explained that, according to the Constitution, international treaties and conventions ratified by Haiti were part of the country’s legislation and took precedence over national laws that contravened them.  Judges were therefore required to apply international conventions.

There was an agreement to include disability in the upcomingcensus, using the Washington Group on Disability Statistics format, in order to obtain data on disability and to enable the Government to design better policies for persons with disabilities.

The Americansign language was in use in Haiti and the discussions were ongoing with the international partners and Haitian civil society on the standardization of the sign language.  Haiti was conscious that the recognized of the sign language was needed to ensure the participation of deaf persons in society.  There was currently no training centre for the Braille.  

Concerningaccessibility of schools and inclusive education, the delegation explained that some schools had access ramps installed, but most did not yet have that type of modification.  The Ministry of Education provided financial assistance to students with disabilities to attend private schools and to obtain individual assistance, but a number of students receiving support was low due to the lack of human resources.  A manual on inclusive education and seminars were available for teachers, but there was no training centre for specialists working with students with disabilities.    

A partnership existed between the Ministry of Health and the Ministry of Education to train teachers to note learning difficulties among students and so supportearly detection of disability, but such services were only available at the capital.  

Access to health services had been improved with the recent adaptations of hospitals and health centres, and with the recently launched communication programmes on how to improve health for persons with disabilities.    

As forstructures to support women with disabilities, there was an action plan 2014-2022 that had a number of pillars, which covered all women in terms of health, education and employment.  The action plan did not specifically address women with disabilities, but it did consider some of their cases.  

Concluding remarks

PIERRE ANDRÉ DUNBAR,Permanent Representative of Haiti to the United Nations Office at Geneva, thanked Committee Experts for their useful questions, which would allow the Haitian delegation to assess what had been done and what more needed to be done.  The Government was aware of its responsibilities and of the need to do much more.      

COOMARAVEL PYANEANDEE,Committee Expert and Rapporteur for Haiti, expressed satisfaction with an open and frank dialogue with the Haitian delegation, and wished Haiti every success with the implementation of the Convention.  

THERESIA DEGENER,Committee Chairperson, thanked the delegation for having answered the Committee’s questions and civil society for the information they had provided.
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