Human rights in Haiti
Encyclopedia
According to its Constitution
and written laws, Haiti
meets most international human rights
standards. In practice, however, many provisions are not respected. The government
’s human rights record is poor. Political killings, kidnapping
, torture
, and unlawful incarceration are common unofficial practices, especially during periods of coups or attempted coups. Although the Constitution mandates an independent judiciary
and the right to a fair trial, prolonged pretrial detention remains a serious problem. Because the court system and its records are poorly organized, it is impossible to determine the percentage of prisoners being held without trial.
Lawyers' immunity is under constant threat. Under the Duvalier
regime, lawyers were intimidated from defending their clients through pressure and violence. Courts of justice were in effect "run by the judges, appointed by the "President for Life" (the Duvaliers), who lacked the independence to make judgments about abuses against human rights." To this day, there is still no guarantee for lawyers' immunity in Haiti, as would seem to be suggested by the recent unconstitutional arrest without warrant
of human-rights defender, Osner Fevry.
and the press
, and the government generally has respected these rights. Many journalists, however, practice a measure of self-censorship
in order to protect themselves from retribution. During the second Aristide administration (2000−4), some reports contend that members of the press were killed for supporting opposition movements.
The government does not censor
radio, television, or the Internet. Because demonstrations often turn violent, security forces frequently have ignored the constitutionally mandated right to assembly
and organization. The Haitian government generally has respected religious freedom in the country.
The Haitian government contains a Ministry of Women’s Affairs, but it also lacks the resources to address issues such as violence against women and harassment in the workplace.
and a lack of educational opportunity, many Haitian children also suffer physical abuse. In 2004 the Ministry of Labor and Social Affairs reported that its hotline received more than 700 calls from children reporting abuse. Few statistics regarding the wider problem of child abuse
have been collected. Trafficking of children
also is a significant problem. UNICEF estimates that 2,000 to 3,000 Haitian children per year are trafficked to the Dominican Republic.
Constitution of Haïti
The Constitution of Haiti most commonly refers to the present-day Constitution of Haiti, which was modeled after those of the United States and of France. The document was ratified in March 1987, but it was completely suspended from June 1988 to March 1989 and was only fully reinstated in October...
and written laws, Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
meets most international human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
standards. In practice, however, many provisions are not respected. The government
Government of Haiti
The Government of Haiti consists of a semi-presidential republic, pluriform multiparty system whereby the President of Haiti is head of state directly elected by popular vote. The Prime Minister acts as head of government, and is appointed by the President from the majority party in the National...
’s human rights record is poor. Political killings, kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, and unlawful incarceration are common unofficial practices, especially during periods of coups or attempted coups. Although the Constitution mandates an independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
and the right to a fair trial, prolonged pretrial detention remains a serious problem. Because the court system and its records are poorly organized, it is impossible to determine the percentage of prisoners being held without trial.
Law and order
The government in Haiti is known for running a slow, inefficient and corrupt system of justice. Allegations of torture and kidnapping are common whereas the number of Haitian citizens imprisoned without trial is huge.Lawyers' immunity is under constant threat. Under the Duvalier
Duvalier
Duvalier is a surname, and may refer to:* François Duvalier , nicknamed "Papa Doc", President of Haiti * Jean-Claude Duvalier , nicknamed "Baby Doc", son of François Duvalier and President of Haiti...
regime, lawyers were intimidated from defending their clients through pressure and violence. Courts of justice were in effect "run by the judges, appointed by the "President for Life" (the Duvaliers), who lacked the independence to make judgments about abuses against human rights." To this day, there is still no guarantee for lawyers' immunity in Haiti, as would seem to be suggested by the recent unconstitutional arrest without warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
of human-rights defender, Osner Fevry.
Freedom of expression
The Constitution guarantees freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, and the government generally has respected these rights. Many journalists, however, practice a measure of self-censorship
Self-censorship
Self-censorship is the act of censoring or classifying one's own work , out of fear of, or deference to, the sensibilities of others, without overt pressure from any specific party or institution of authority...
in order to protect themselves from retribution. During the second Aristide administration (2000−4), some reports contend that members of the press were killed for supporting opposition movements.
The government does not censor
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
radio, television, or the Internet. Because demonstrations often turn violent, security forces frequently have ignored the constitutionally mandated right to assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
and organization. The Haitian government generally has respected religious freedom in the country.
Gender, disability, race and language
Haiti’s Constitution does not contain specific language prohibiting discrimination on the basis of race, sex, language, age, or disability. Although some working standards exist to protect women, few resources exist to ensure enforcement. Abuses against women and children are common. Rape, although illegal, rarely results in prosecution of the perpetrator. Haitian law (article 269) excuses a husband for murdering his wife if the wife is found in an adulterous affair. Wives do not enjoy the same right.The Haitian government contains a Ministry of Women’s Affairs, but it also lacks the resources to address issues such as violence against women and harassment in the workplace.
Children
In addition to suffering from chronic malnourishmentMalnutrition
Malnutrition is the condition that results from taking an unbalanced diet in which certain nutrients are lacking, in excess , or in the wrong proportions....
and a lack of educational opportunity, many Haitian children also suffer physical abuse. In 2004 the Ministry of Labor and Social Affairs reported that its hotline received more than 700 calls from children reporting abuse. Few statistics regarding the wider problem of child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
have been collected. Trafficking of children
Trafficking of children
Trafficking of children is a form of human trafficking. It is defined as the recruitment, transportation, transfer, harboring, or receiving of children for the purpose of exploitation....
also is a significant problem. UNICEF estimates that 2,000 to 3,000 Haitian children per year are trafficked to the Dominican Republic.
External links
- Hope for Haiti: Education and grassroots development in rural Haiti
- Censorship in Haiti - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Institute for Justice & Democracy in Haiti (IJDH)
- Annual Report 2006: Haiti Inter-American Commission on Human RightsInter-American Commission on Human RightsThe Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
- Bureau des Avocats InternationauxBureau des Avocats InternationauxThe Bureau des Avocats Internationaux is a public interest law office located in Port-au-Prince, Haiti, founded in 1995. Its mission is to work with victims of human rights violations to force open the doors of Haiti's justice system for the majority of Haitians who are poor...
Bureau des Avocats Internationaux