Situation of human rights in Haiti

Situation of human rights in Haiti

Commission on Human Rights resolution 1995/70

The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, Reaffirming that all Member States have the obligation to promote human rights and to fulfil the obligations they have undertaken under the various instruments in this field, Recalling its resolution 1994/80 of 9 March 1994, Having in mind the report (E/CN.4/1995/59) of the Special Rapporteur, Mr. Marco Tulio Bruni Celli, appointed by the Chairman of the Commission at its forty-eighth session, Recalling General Assembly resolutions 46/7 of 11 October 1991, 46/138 of 17 December 1991, 47/20 A of 24 November 1992, 47/143 of 18 December 1992, 48/27 of 6 December, 48/151 of 20 December and 49/201 of 23 December 1994, Gratified by the re-establishment of constitutional order and the return to his country of Mr. Jean-Bertrand Aristide, the constitutionally elected President, Condemning again the cruel and systematic violations of human rights experienced by the Haitian people under the de facto regime, Recognizing the efforts made by the international community, through the Secretary-General of the United Nations, the Secretary-General of the Organization of American States and the former Special Envoy, to re-establish the democratic institutions in Haiti, Welcoming with satisfaction the appointment of the new Special Representative of the Secretary-General of the United Nations for Haiti, Expressing its satisfaction at the return to Haiti of the United Nations/OAS International Civilian Mission of Observers, appointed to monitor and promote respect for human rights and to help to strengthen institutions, in particular those connected with human rights, Taking note of the presence of the United Nations Mission in Haiti in that country, Concerned at the possibility that certain abuses in the area of human rights committed during the de facto military regime may remain unpunished, Welcoming with satisfaction the decision of the Government to appoint a commission on truth and justice, Aware of the fact that the present phase of the situation in Haiti is only the beginning of a process which must be accompanied by institutional and legal reforms needed to ensure promotion of, respect for and defence of human rights, and particularly the strengthening of the judicial system and of the penal system, Taking note of the fact that, although the situation in Haiti has begun to become normalized thanks to the initiation of a policy of reduction and modernization of the armed forces, abolition of paramilitary groups and disarmament, some incidents of abuse of human rights continue to occur, Conscious of the fact that the international community must follow closely the development of the situation in Haiti and particularly the situation of human rights and fundamental freedoms,

1. Expresses its satisfaction at the return of President Jean-Bertrand Aristide on 15 October 1994, at the re-establishment of constitutional order and at the strong support given by President Aristide to national reconciliation and to efforts to end violence;

2. Condemns the violations of human rights that took place during the de facto regime;

3. Recognizes the efforts initiated by the Haitian authorities to promote democratization and urges those authorities to pursue their objective of establishing and developing institutions for the promotion and protection of human rights and fundamental freedoms, in accordance with the international instruments in this area;

4. Welcomes the action taken by the International Civilian Mission to Haiti to protect and promote human rights and strengthen democratic institutions in Haiti and, in particular, its support for the holding of legislative elections on 4 and 25 June next, elections which are essential for such strengthening;

5. Expresses its satisfaction at the decision of the Haitian authorities to establish a commission on truth and justice;

6. Calls upon the Government of Haiti to take the legal and political measures that are necessary for improvement of the administration of justice and of the prison system;

7. Urges the Haitian authorities to implement the recommendations of the Special Rapporteur, particularly updating of civil and criminal legislation, complete separation of the police from the armed forces, establishment of a civilian police force and separation of and mutual respect for the various powers of the State;

8. Also urges the Government of Haiti to create favourable conditions for the execution of programmes for the reconstruction and development of Haiti and calls on the international community to give its fullest cooperation to that end, through the implementation of international programmes of assistance;

9. Takes note with appreciation of the report submitted by Mr. Marco Tulio Bruni Celli, Special Rapporteur of the Commission on Human Rights on the situation of human rights in Haiti (E/CN.4/1995/59), and of its conclusions and recommendations;

10. Requests the Secretary-General to appoint an independent expert to furnish assistance to the Government of Haiti in the area of human rights, to examine the development of the situation of human rights in Haiti and to monitor the fulfilment by Haiti of its obligations in this field;

11. Requests the Independent Expert to submit a report on the implementation of the present resolution to the General Assembly at its fiftieth session and to the Commission on Human Rights at its fifty-second session;

12. Requests the Secretary-General to provide, at the request of the Government of Haiti, advisory services to that country in the area of human rights;

13. Decides to consider the question at its fifty-second session under the agenda item entitled "Advisory services in the field of human rights".

60th meeting, 8 March 1995 [Adopted without a vote]