Haiti - Justice : Gustavo Gallón, proposes in its report «a shock treatment» in Haiti - HaitiLibre.com : Haiti news 7/7
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Haiti - Justice : Gustavo Gallón, proposes in its report «a shock treatment» in Haiti
26/02/2014 10:15:42

Haiti - Justice : Gustavo Gallón, proposes in its report «a shock treatment» in Haiti
Following his mission to Haiti in September 2013, https://www.haitilibre.com/en/news-9496-haiti-justice-first-mission-of-the-new-un-independent-expert.html Gustavo Gallón, the Independent Expert on the situation of human rights in Haiti [which replaces Michel Forst] proposes in its report a shock treatment for certain key aspects of the human rights situation in Haiti that he considers very complex but not insurmountable.

Recalling that the inventory of issues to be addressed and solutions to them is contained in the multiple diagnoses and recommendations established in Haiti for three decades by experts and bodies of the United Nations and the Inter-American system of human rights. Also, the independent expert reiterates their many recommendations and proposes to select from their analyzes and recommendations five key aspects that must be considered as a priority, on which efforts must be concentrated.

These five areas are closely linked to each other, are: deep inequalities within Haitian society, related to the precarious economic, social and cultural rights of the vast majority of the population, inhumane prison conditions and that of persons in pretrial detention, lack of legal security in many areas of daily life because of the pronounced weakness of the rule of law, the dazzling impunity for violations committed in the past and thehardships suffered by many victims of natural hazards and other humanitarian crises, such as the January 2010 earthquake, the cholera epidemic or statelessness.

Stressing that the situation can not be solved overnight, he proposes its recommendations:

"a) The State should establish a reasonably short time to eradicate illiteracy, which affects about half of the adult population. Although the reduction of inequalities, including through structural programs beyond social assistance, requires time, literacy is urgent because it is necessary to live with dignity in society and to exercise most of the rights, including the right to education, which itself gives access to other rights such as the right to work, food, housing and health.

b) Reducing prison overcrowding, the development of hygienic sanitation services in prisons, the food supply for the inmates, and especially the release or the definition of the legal status of persons in pretrial detention should be provided quickly on the basis of studies that the prison administration has already prepared.

c) The strengthening of the rule of law, through the consolidation of institutions, is complex and requires time. Technical assistance of an expert, on which the Delegate Minister and the independent expert agreed, would be a step in that direction. But certain measures must be taken now, particularly with respect to "restavèks" and at-risk populations.

d) A Commission for the Protection of Children's Rights in charge of dealing with the phenomenon of "restavèks" proposed by the Special Rapporteur on contemporary forms of slavery during his visit in 2009 (A/HRC/12/21/Add.1) should be established quickly.
e) It is also urgent to establish a program to protect at-risk populations, including the prevention of attacks against human rights defenders, LGBT persons, or persons exposed to sexual violence.

f) A National Commission for Reparation should have been created since 1995, when it was recommended by the National Commission for Truth and justice for the victims of the coup d'état ​​of 1991, but also for the victims of other serious violations committed in the past, under the Duvalier regime and military, and when acts of violence perpetrated by partisan groups or opponents of President Aristide. In addition to measures of physical repair and judicial declarations of responsibility, the commission may, in the medium and long term, contribute to the definition of educational activities aimed at restoring the right to memory, which should result in a substantial improvement the human rights situation in the country.

g) A significant increase in resources is needed to guarantee the right to housing and decent living conditions for most of the displaced persons still in camps set up after the earthquake of January 2010.

h) A commission of compensation should also be created for cholera victims, allowing the identification of damages, compensation or corresponding compensation, the identification of those responsible, the stop of the epidemic and other measures.

i) Statelessness is a broad subject, which is handled by the UNHCR as a specialized agency of the United Nations. The Commission on Human Rights should appeal to States wWelcoming Haitian immigrants to associate their efforts with the UNHCR to provide these people with decent living conditions and benefits provided for in Chapter IV of the Convention relating to the Status of Stateless Persons of 1954, as well as granting nationality in the circumstances specified in the Convention on the Reduction of Statelessness of 1961.

j) Particular attention should be given specifically to women's rights in all areas mentioned above. In this sense, the Independent Expert has supported the assistance of an expert for the preparation of Haiti report to the Committee on the Elimination of Discrimination against Women. »


Gustavo Gallón emphasizes on the urgency of the implementation of its recommendations for three reasons : "Firstly, to end serious violations that would otherwise will continue to be committed every moment against thousands of people. Then, to transmit to the Haitian people and the international community a sense of commitment to the recovery of the human rights situation. Finally, to pave the path on which will have to be completed other recommendations for Human Rights [...]"

Learn more about Gustavo Gallón :
The Human Rights Council appointed Mr. Gustavo Gallón as Independent Expert on the situation of human rights in Haiti in June 2013. Mr. Gallon has over 30 years of experience as a human rights defender and University Professor of Public Law and Human Rights. He was the Special Representative of the United Nations Human Rights Commission for Equatorial Guinea from 1999 to 2002. He is currently the director of the Colombian Commission of Jurists since its establishment in 1988. Mr. Gallón is independent of any government and performs his mandate in his individual capacity only.

See also :
https://www.haitilibre.com/article-9572-haiti-justice-fin-de-mission-du-nouvel-expert-independant-des-nations-unies.html (in french)
https://www.haitilibre.com/en/news-9496-haiti-justice-first-mission-of-the-new-un-independent-expert.html

HL/ HaitiLibre

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