Situation of human rights in Haiti

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 and other international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women,

Reaffirming that all Member States have the obligation to promote human rights and to fulfil the obligations they have undertaken under the various international instruments in this field,

Recalling its resolution 1998/58 of 17 April 1998 and General Assembly resolution 53/159 of 9 December 1998,

Having in mind the note by the Secretary-General on the situation of democracy and human rights in Haiti of 18 November 1998 (A/53/564), and the report of the Secretary-General on the technical cooperation programme in Haiti of 21 October 1998 (A/53/530),

Recognizing the important contributions of the International Civilian Mission to Haiti whose mandate has been extended until 31 December 1999, the United Nations Support Mission in Haiti, the National Commission for Truth and Justice, the United Nations Transition Mission in Haiti, terminated on 30 November 1997, and he United Nations Civilian Police Mission in Haiti, whose mandate has been

extended until 30 November 1999, to the task of restoring and strengthening democracy in Haiti and of establishing a climate of freedom and tolerance conducive to respect for human rights in that country,

Recognizing also the interdependence and the mutual reinforcement between democracy, development and respect for human rights and fundamental freedoms and the commitment of the international community to supporting, strengthening and promoting this principle,

Expressing its concern over the lack of a functioning legislature and over the lack of fully independent local governments,

Noting with interest that the Supreme Court has been seized of the question of the status of arliamentarians and local government authorities and will pronounce itself shortly on this matter, which has been pending since 11 January 1999,

Also noting with interest the establishment, following consultations among the political leadership in Haiti of a new Government, having as its principal expressed goal the holding of early, free and fair elections,

Welcoming the Government's stated determination that it and its servants will remain politically neutral throughout the electoral process,

Welcoming also the naming of a new provisional electoral council,

Welcoming further the improvements effected in the human rights situation in Haiti since the restoration of its democratic regime and noting the declarations by the Haitian authorities to the effect that the Government of that country remains committed to upholding human rights,

Indicating its concern at the security problems faced by Haitian society, some of which are due to the difficult social and economic conditions of that society, and which both account for and result from the limitations of the judicial and police systems, as indicated in the reports of the independent expert,

Reiterating its satisfaction at the invitation to visit the country addressed by the Government of Haiti to the Special Rapporteur on violence against women,

1. Thanks the Secretary-General, his Special Representative for Haiti and the independent expert of the Commission on Human Rights on the situation of human rights in Haiti for their unremitting efforts on behalf of the consolidation of democratic institutions in Haiti and respect for human rights in that country;

2. Notes with gratitude the report on the situation of human rights in Haiti submitted to the General Assembly by the independent expert of the Commission on Human Rights, Mr. Adama Dieng (A/53/355), and the recommendations contained therein and welcomes in particular, his analysis of and attention to the issues affecting the enjoyment by women in Haiti of their human rights, in particular violence against women;

3. Invites the Government of Haiti to ratify the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Optional Protocols to the International Covenant on Civil and Political Rights;

4. Reaffirms the importance, for the realization of a genuine and effective process of transition and national reconciliation, of the investigations undertaken by the National Commission for Truth and Justice, and once again urges the Government of Haiti to institute legal proceedings against the perpetrators of human rights violations identified by the Commission for Truth and Justice and to create effective facilities for support to the victims, particularly women, children and members of their families;

5. Strongly supports the intention that the people of Haiti be able to express their political will through free and fair elections, in conditions of security, as soon as possible, and in this connection invites the Government of Haiti to pursue its consultations with political parties and civil society, in a spirit of political pluralism, with a view to democratically filling the institutional void which has existed since 11 January 1999;

6. Expresses its concern at the lack of substantive progress on reform of the judicial system and urges the new Government to proceed with the programme of action worked out at the Law and Justice Reform Seminar of 6 July 1998, as a means of strengthening the promotion and protection of human rights and encouraging broad participation in the elections;

7. Urges the Government of Haiti to improve the overall conditions in prisons, inter alia medical care;

8. Calls upon the Government of Haiti, in collaboration with the international community and women's groups, to put in place measures to address violence against women, including the development of training programmes for judicial and legal personnel, and the incorporation of the human rights of women in all levels of the education system;

9. Calls upon the Government of Haiti to continue structural reforms in the police and justice sectors, to investigate politically motivated crimes properly and prosecute perpetrators of such crimes in accordance with Haitian law, and to take vigorous action to eliminate any continuing human rights violations, including illegal arrests and detentions;

10. Commends the Haitian National Police for its professional and apolitical behaviour during the political crisis, and encourages continuation of such behaviour during the electoral process;

11. Draws attention to the need for the Haitian National Police to continue receiving technical training to enable it to perform its functions efficiently, within a framework of respect for human rights;

12. Commends the United Nations Civilian Police Mission in Haiti for its successful mentoring of the Haitian National Police and underscores the importance of developing a suitable replacement when the mandate of the Mission expires 30 November 1999;

13. Welcomes the report of the Secretary-General (A/53/530) on the implementation of the programme of technical cooperation in Haiti, which the Office of the United Nations High Commissioner for Human Rights is conducting for the purpose of strengthening institutional capacity in that field and especially in the areas of legislative reform, training of justice administration personnel and human rights education, and requests the Secretary-General to submit a further report on the implementation of the programme to the Commission at its fifty-sixth session;

14. Commends the efforts of the United Nations/Organization of American States International Civilian Mission in Haiti in monitoring human rights and promoting democratic reform and assisting the Haitian authorities in the field of institution-building, as well as the United Nations Development Programme for technical assistance to the Haitian National Police;

15. Invites the United Nations High Commissioner for Human Rights to contribute to the strengthening of the Office of Protection of the Citizen, through a programme of technical cooperation;

16. Invites the international community, including the Bretton Woods institutions, to continue their involvement in the reconstruction and development of Haiti, having regard to the continuing fragility of the country's political, economic and social situation;

17. Reiterates once again its invitation to the Special Rapporteur on violence against women to consider favourably the invitation by the Government of Haiti to visit the country;

18. Invites the independent expert to report to the General Assembly at its fifty-fourth session and to the Commission on Human Rights at its fifty-sixth session on developments in the human rights situation in Haiti;

19. Decides to continue its consideration of this question at its fifty-sixth session under the agenda item entitled "Advisory services in the field of human rights".

59^th meeting
28 April 1999

[Adopted without a vote. See chap. XIX.]