THE RIGHT OF WOMEN IN HAITI TO BE FREE FROM VIOLENCE AND DISCRIMINATION

 

III.      THE DUTY OF THE STATE TO ACT WITH THE DUE DILIGENCE NECESSARY TO PREVENT AND ERADICATE VIOLENCE AND DISCRIMINATION AGAINST WOMEN 

 

A.           International and Regional Standards Applicable to Violence and Discrimination against Women

 

80.              The right of women to live free from discrimination and violence has been reaffirmed in the regional and international human rights protection systems.  International jurisprudence has established the duty of the State to act with due diligence to protect human rights, including those of women.  This obligation entails four components: prevention, investigation, sanction and reparation of human rights violations.[104]

 

81.              The obligations of OAS Member States regarding human rights are derived from the OAS Charter and the American Declaration of the Rights and Duties of Man, as well as the regional human rights treaties that they have ratified.  In the Americas, the principles of equality and non-discrimination are the core of the Inter-American human rights system and of binding instruments applicable to Haiti’s situation, such as the American Convention and the Convention of Belém do Pará.  This factor, as well as the priority granted by the Commission and its Rapporteurship to protecting the rights of women, also reflects the importance given to this area by the Member States themselves.

 

82.              Haiti is a State Party to the American Convention since September 27, 1977.  Article 1 of the American Convention provides that States Parties are obligated to respect and guarantee all rights and freedoms recognized therein, without discrimination based on sex, among other conditions.  Additionally and in accordance with the principle of non-discrimination, Article 24 recognizes the right to equal protection under the law, and Article 17 establishes that the State must guarantee an equal recognition of the rights and “an adequate balance of responsibilities” for spouses within marriage.  By recognizing the fundamental rights of all persons, without distinction, this Convention protects basic rights such as the right to life, liberty and personal integrity (Articles 4, 5 and 7, respectively).  Trafficking of women is expressly prohibited under Article 6 and children’s rights are subject to special protection measures under Article 19.

 

83.              The main objectives of the regional human rights system and the efficacy principle require that these guarantees become a reality and are implemented. Consequently, when the enjoyment of any of these rights is not guaranteed de jure and de facto under their sphere of jurisdiction, the States Parties, pursuant to Article 2 of the American Convention, are committed to adopting legislative and other measures as needed to put them into practice.  In addition, the American Convention requires the domestic system to provide a judicial recourse that is effective and accessible to persons alleging violations of their rights protected under national law or under the Convention.  When these remedies are not accessible or effective, the Inter-American system provides a complementary avenue through the individual petitions system.

 

84.              The Convention of Belém do Pará, ratified by the Haitian State on June 2,1997[105], and the most ratified instrument of the Inter-American system, is particularly relevant to the analysis presented in this report.  The adoption of this Convention reflects a uniform concern throughout the Hemisphere about the discrimination women have historically suffered in American societies, its relationship to the problem of violence against women, and the need to adopt comprehensive strategies to prevent, punish, and eradicate these two alarming and prevalent problems.  Among the most important principles enshrined in this Convention are the following:

 

-           It expressly recognizes the relationship between discrimination and violence against women, indicating that such violence is a reflection of the historically unequal power relations between women and men, and that a woman’s right to be free from violence includes the right to be free from all forms of discrimination and to be valued and educated free of stereotyped patterns of behavior;[106]

 

-           It defines violence against women as “any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere”;[107]

 

-           It establishes that violence affects women in multiple ways, impairing their exercise of other fundamental rights of a civil and political nature, as well as economic, social and cultural rights;[108]

 

-           It provides that States Parties must act with due diligence to prevent, investigate prosecute and punish violence against women occurring in the public and private domains, within the home or in the community, perpetrated by individuals or State agents;[109] and

 

-           It provides that States must take special account of the situation of vulnerability to violence that certain groups of women can face by reason of their race or ethnic background; their status as migrants, refugees, or displaced persons; for being pregnant or disabled; for facing unfavorable economic conditions; affected by an armed conflict; deprived of their liberty; or for being girls.[110]

 

85.              In general, the inter-American system recognizes that violence against women and its root (discrimination) are serious human rights problems with negative consequences for women and their surrounding community, which directly hinder the recognition and enjoyment of all their human rights, including the respect of their lives and their physical, mental and moral integrity.

 

86.              According to this precedent, the responsibility of the State to act with due diligence to prevent the infringement of women’s human rights in times of peace and conflict has a comprehensive nature.[111]  The State is directly responsible for acts of discrimination and violence perpetrated by its own agents, as well as those perpetrated by non-State actors and private parties, under its tolerance or acquiescence.[112] Furthermore, the State’s obligation is not limited to eradicating and punishing acts of discrimination and violence; it also includes the duty of prevention.[113] 

 

87.              In that framework of international responsibility, the duties of the State under the instruments of the Inter-American human rights system have special connotations in the case of girls.  Article 19 of the American Convention guarantees children the right to protection measures that their condition as minors demands from their family, society and the State.[114]  The Inter-American Court has established that the UN Convention on the Rights of the Child is part of a comprehensive international corpus juris for the protection of children that helps to “establish the content and scope of the general provision established in Article 19 of the American Convention.”[115] The UN Convention on the Rights of the Child, ratified by Haiti on December 29, 1994, contains legal provisions specifically aiming to protect children from arbitrary and illegal interference in their private life and from physical, mental or sexual abuse.[116]

 

88.              The Inter-American Court has stated that children “have the same rights as all human beings (…), and also special rights derived from their condition, and these are accompanied by specific duties of the family, society, and the State”.[117] Therefore, the State has to adopt special measures geared towards protecting children, with greater care and responsibility in accordance with the Best Interest of the Child principle.[118]  This duty is reinforced by the special vulnerability and exposure girl children face to acts of violence against women, which is recognized by the Convention of Belém do Pará. 

 

89.              In this context, the UN World Report on Violence Against Children states that in order to effectively respond to violence against children, it is necessary for the State to adopt a range of coordinated approaches that integrate legal, social, educational and economic strategies to reduce risk factors and strengthen protection at the levels of the individual, the family, the community and society.[119] More specifically, this report urges States and civil society to strive to transform attitudes that normalize violence against children, including stereotypical gender roles and discrimination. Furthermore, it establishes that States should invest in systemic education and training programs both for professionals and non-professionals who work with or for children and families to prevent, detect, and respond to violence against children.[120]

 

90.              As mentioned above, the Convention of Belém do Pará (Article 9) establishes that the State, on acting with due diligence in the face of violent acts, should be especially mindful of the particular exposure to violence and discriminatory acts that a woman may suffer because of her young age (under 18 years old), among other conditions of risk.  The IACHR has established that this provision reflects that discrimination in its different expressions does not always affect all women equally: some women are more exposed than others to acts of violence and discrimination.[121]  Therefore, in the case of girls, the State has a reinforced duty to protect their human rights, on the basis of two factors, their minor age and their sex, and the obligation to adopt special measures of care, prevention and guarantee.

 

91.              Also relevant for the present analysis are the international obligations adopted by the Haitian State promoting equality and non-discrimination, such as Articles 1 and 2 of the Universal Declaration of Human Rights, Articles 2 and 3 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.  Haiti is also a State Party to CEDAW, ratified by Haiti, on July 8, 1995, which provides that the State and its agents are obligated to act with due diligence to eliminate socio-cultural patterns and stereotypes that promote discrimination against women, in all its forms.  CEDAW defines discrimination against women broadly in its Article 1 as:

 

any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

 

92.              This definition includes all differences in treatment based on sex that intentionally or in practice place women in a disadvantaged position and prevent the full recognition of their human rights in the public and private spheres. The Committee overseeing compliance with CEDAW has also established that the definition of discrimination in the Convention includes violence against women in all its forms, whether direct or indirect.[122]

 

93.              Regarding international instruments pertaining to violence against women, it is important to mention as complementary to CEDAW, the Declaration on the Elimination of Violence against Women approved in Vienna in 1993, which defines violence against women as a phenomenon including: forced prostitution, physical, sexual and psychological violence.[123]

 

B.        Measures Adopted by Haiti to Address Violence and Discrimination against Women

 

94.              The Commission recognizes the important efforts of the government, in particular of the Ministry of Women, to make violence and discrimination against women priority issues to be addressed systematically and institutionally, in close collaboration with civil society organizations.[124]  Most notably, the Commission commends the establishment of the inter-sectoral network Table de Concertation Nationale,  and notes its achievements and the critical role it plays in the advancement of protections for women victims of violence, through a variety of measures. The Table de Concertation Nationale, mandated to support victims of sexual violence, is composed of representatives from the Ministries of Women, Justice and Health, and several civil society organizations.[125]  Among its main activities are the provision of services to victims of violence, the collection and systematization of the statistics available on different forms of violence in the country and the implementation of prevention and sensitization programs oriented towards the general population.  The types of services available include:

 

-              Shelters where women can stay temporarily in cases of physical, sexual or intra-family abuse;[126]

 

-              Legal assistance for victims (filing complaints with authorities). Also, the services high in demand, and similarly provided, may include assistance in divorce or child custody proceedings, and intra-family violence matters;

 

-              Medical treatment for victims of rape or sexual assault/abuse;

 

-              Psychosocial counseling for victims of rape and sexual assault/abuse; and

 

-              Training and Promotion designed to inform women of their rights, to provide women with information about available social services, including legal services, and to educate women on public health, including prevention and protection from the transmission of sexually transmitted infections.

 

95.              In the realm of services, the Ministry of Women has also created a crisis response service through a special reception and referral unit, with staff that is trained to advise female victims who request aid throughout the 10 administrative departments of the country. Similarly, during 2007, the Office of the Public Prosecutor at the Court of First Instance in Port-au-Prince took measures to respond more promptly and effectively to complaints by starting a 24-hour telephone hotline to report a crime and having a public prosecutor on call 24/7 to respond to such complaints.[127] The Public Prosecutor further indicated that a specialized investigation unit had been created within his office to address matters relating specifically to violence against women, as a result of a joint effort between his office and the Ministry of Women. Other governmental entities, such as the Ministry of Social Affairs and the Ministry of Justice, both have offices working with women and disadvantaged persons, respectively. However, according to the government, these are not very effective, due to the lack of resources. In Haiti, civil society is largely responsible for providing assistance to victims through the implementation of a formal program to achieve this end.[128]

 

96.              Among other institutional measures and services recently undertaken, the HNP created a specialized unit on children or “brigade des mineurs” in 2006, appointed to provide specialized treatment for children in conflict with the law and/or abandoned or abused children, including girls who may have been sexually abused. Additionally, the Office du Protecteur du Citoyen (OPC), an independent State entity with a mandate to receive and process complaints from the public on acts of misconduct or abuse by State agents, including human rights complaints, recently created an investigation and research unit on the situation of women and children. Since these initiatives were recently adopted, the lack of sufficient resources was noted as a common hurdle in the fulfillment of their mandates.

 

97.              In regards to training and capacity-building efforts, the Ministry of Women has also established the “Gender Analysis Promotion Department” which is responsible for providing training to all government employees on gender issues and ensuring that government institutions tackle discrimination against women in their areas of work.[129] In this context, the Ministry has organized various training sessions with ministries and government institutions to achieve the goal of including a gender mainstreaming analysis into public policies. Also, the Ministry of Women, in coordination with civil society and international agencies (URAMEL, MINUSTAH and UNFPA), has taken initiatives to include information on the treatment of women and violence against women in the training curriculum of police forces and personnel within the justice system.[130]

 

98.              The Commission further recognizes the efforts of the Ministry of Women to promote the protection of the rights of women through legislative and public policy means. On this point, the Commission notes the adoption and entry into force of the July 2005 decree modifying existing provisions on sexual violence in the criminal code of Haiti, which resulted in a greater punishment for cases of rape.[131]  Regarding this decree, the State informed the Commission that the minimum sentence for cases of rape is 10 years and it increases according to the circumstances and the gravity of the crime.[132]  In the case of girls, the minimum sentence is 15 years.[133]  Specifically, the law previously provided for a penalty of ‘reclusion’.[134] The decree of 2005, in turn, provides for a punishment of up to ten years of forced labor.[135] In this connection, it is important that legislative reform designed to prevent gender-based violence adequately responds to the situation of women through a multidisciplinary approach, incorporating all forms and contexts in which violence against women occurs (including domestic, sexual, and criminal violence). On this point, the Commission is encouraged by other measures adopted by the Ministry of Women, which include the proposed drafting of new legislation addressing violence against women and its inter-ministerial efforts to provide a comprehensive response to the problem of gender-based violence.

 

99.              In September 2006, the Ministry of Women furthermore submitted three draft laws to Parliament on the following issues: paternity (in order to render responsibility of fathers for their children more effective), cohabitation (guaranteeing common law unions legal rights equal to those of married couples), and on paid domestic workers.[136]  Further, the Government has indicated its intention to propose bills on violence against women and on gender equality.[137] Finally, the Government plans to introduce new amendments to existing legislation to extend protection for women. As such, the Ministry’s proposed amendments have been presented for public debate and have been submitted to a committee of jurists in order to be presented to Parliament.[138]  These draft laws are part of a greater action plan by the Ministry of Women, which includes the promotion of women’s rights, increasing public awareness on the problem of violence against women, the analysis of the disparities between men and women in various sectors, and the reduction of poverty.[139]

 

100.          In the sphere of public policy, the Ministry of Women has designed a national plan of action and is in the process of developing a national policy on the promotion of gender equality and non-discrimination that aims to integrate principles and practices of non-discrimination across all public sectors. For example, in the area of education, some of the measures planned by the Ministry of Women are the revision of school curricula for the elimination of sexism and the promotion of higher education for women. In the justice sector, the Ministry of Women has planned to adopt, among others, the following measures: the harmonization of domestic legislation with international conventions on human rights and women’s rights; the implementation of a system to supervise and monitor compliance and respect of women’s rights by government institutions; the revision of the criminal, civil, labor and commercial codes; the creation of a program for legal assistance to victims of violence; and the promotion of women in the judicial system.   

 

101.          Specifically with regard to violence against women, the Minister of Women highlighted her concern over the State’s incapacity to provide legal aid for indigent women and a shelter for abused women. The Commission therefore emphasizes the need for the national government to allocate adequate resources to the Ministry of Women for its initiatives and projects to be duly and effectively implemented in the future.

 

102.          On the issue of prevention, the Commission notes the recent appointment of a Director for Women’s Affairs at the Haitian National Police, a newly created position within the national police to address a range of matters, including to advise the Director General’s Office on issues such as sexual harassment and violence against women by members of the force, and to develop policies and procedures to promote gender equality, and a mechanism to monitor and punish acts of sexual harassment and violence against women. In this trend, the Commission commends the implementation of a pilot project to provide special treatment for female victims at two police stations. However, the Commission met with the Women’s Affairs Unit of the HNP and its representatives who confirmed a variety of challenges that hinder the extent to which they can carry out their mandate, such as the lack of special funds for the Unit and the absence of police presence in rural areas.  Thus, the Commission highlights the need to assign sufficient financial and human resources in order to implement these initiatives in the long-term.

 

103.          In its observations to this report, the State of Haiti highlights a number of recent measures it has adopted to address the problems of violence against women and discrimination, in the form of legislation, public policies and programs.[140]  The government highlights its National Plan on Violence against Women, which was adopted by the Ministries of Women and Health on November 25, 2005.  Both the Table de Concertation Nationale and the Ministry of Women heavily advocated for this plan to be the base of all state interventions related to violence against women and now it is in the process of being implemented.  The State also informs that on April of 2008, the Ministry of Women has produced a document entitled: “Framework for a Gender Equality Policy”, advocating the need to address women’s priority issues in all state actions.  The Ministry of Women as well is working towards on a new national plan of action focused on gender equality for 2009.

 

104.          On March of 2008, the State also informs that a two-party protocol was signed between the Ministry of Women and the Ministry of Justice to mainstream gender issues in the work of the HNP, especially in matters related to the treatment afforded to female victims of violence in police stations. [141]  On 2008, the shelter Yvonne Hakim Rimpel V-Day was created to offer services to victims of violence against women, including the establishment of a telephone hotline to report these crimes.  The State also developed a training curriculum for police officers regarding the problem of violence against women and the role of the police, which will be validated in January of 2009.  

105.          The State confirms that most of the public measures undertaken at the moment center around data-collection, prevention and a multi-disciplinary approach to the problem of violence against women. [142]  The government also highlights the development of a special form to register cases of violence against women to illustrate current tendencies.  The last state compilation of cases between 2002 to August 2008 reveals that the number of incidents of violence against women reported has increased, due to more accessible range of services and awareness-raising campaigns.  More victims of rape report cases at health centers, the number of gang rapes has decreased, domestic violence remains the same, and sexual crimes against girls seem to be increasing.  More women are presenting complaints of rape due to the support of women’s rights organizations. 

 

106.          In regards to CEDAW and the Convention of Belém do Pará, the State informed that since 2005, a national expert from Haiti participates in the follow-up mechanism to the Convention of Belém do Pará at the OAS level. [143]  Furthermore, Haiti reported before the Committee on the Elimination of Discrimination against Women on January 27, 2009 for the period of 1981-2006.

 

C.        Access to Justice for Victims: Deficiencies in the Investigation, Prosecution and Punishment of Acts of Violence against Women

 

107.          While the Commission recognizes the efforts of the State, particularly of the Ministry of Women, to adopt a legal, political and institutional framework and State programs to address the problem of discrimination and gender-based violence, certain remedies continue to exist mainly on paper and not in practice. Pursuant to the Convention of Belém do Pará, Haiti has the obligation to pursue, by all appropriate means and without delay, actions to prevent, punish and eradicate violence against women, and in particular, to apply due diligence to prevent, investigate and impose penalties for acts of violence against women. However, most cases of discrimination and violence against women are never formally investigated, prosecuted and punished by the justice system in Haiti. The Commission observes an alarming pattern of systematic impunity that sends a social message that discrimination and violence against women will be tolerated.

 

108.          The Commission is particularly troubled by the fact that female victims of discrimination and violence are disinclined to turn to the justice system.  Victims and their families are often mistreated when attempting to avail themselves of judicial remedies, and have no confidence in the ability of the justice system to right the wrongs committed.  This combination of factors leaves the victims with a sense of insecurity, defenselessness and mistrust in the administration of justice. 

 

109.          The Commission highlights that the deficiencies in the administration of justice identified in previous reports of the IACHR on Haiti and on women[144] deeply affect the capacity of the State to prevent, investigate, prosecute and punish discrimination and violence against women. Some of the failures of the administration of justice sector that negatively impact the State’s due diligence obligation noted by the delegation during its visits were the lack of basic economic and human resources for the police and judges to address these cases; the absence of justice institutions in rural and marginalized areas; the lack of legal assistance for victims; the need for training on human rights issues; and the need for the strengthening of specialized units within the police and the judiciary. The delegation also received consistent reports of corruption inside the police force and the lack of independence and impartiality of the judiciary.

 

1.                  Investigation, Prosecution and Punishment of Human Rights Violations

 

110.          During the visits of the Commission, a variety of State and non-state sources confirmed that most cases of violence against women are still not duly investigated and punished. 

 

111.          The Commission recognizes the efforts of the judicial system to prosecute and punish perpetrators of rape against women since the July 2005 Decree. These have resulted in at least fifteen[145] documented convictions for rape; the first of their kind in the history of Haiti. According to the government, this decree is fueling a change in the justice system’s perception of rape cases, promoting convictions and harsher penalties for the perpetrators. [146] 

 

112.          However, the Commission also notes that in comparison to the number of registered cases of rape in recent years, cases of violence against women are extremely slow in reaching the stage of prosecution and punishment. During its visits, the Commission received information about only five cases since 2005 that have received a court judgment, all of which were brought with the support of civil society and services organization SOFA. 

 

113.          SOFA provided legal assistance in one criminal trial in 2005[147], to four cases in 2006[148] and is presently supporting two more cases scheduled for trial in Jacmel (Southeast department).[149]  In one of the cases, a mother and daughter were raped and after reporting the abuse, the daughter was killed.  The mother continued to receive threats by the aggressors after the death of her daughter.  A trial was held and the perpetrators were convicted – one to life in prison and the other one to approximately twenty years in prison.  In two other cases, two minors were raped and the perpetrators were sentenced to 9 and 10 years in prison.   

 

114.          The civil society and services organization Kay Fanm shared with the delegation a case that displays the kind of challenges women face to obtain an adequate investigation, prosecution and punishment when they report crimes of gender-based violence. The perpetrator in the case is James Montas, a police officer, who orquestrated the collective kidnapping and rape of Carline Sèide, a 20-year-old woman. Kay Fanm describes the facts of the case as follows:

 

On November 2, 2003, at Delmas 19, the police officer James Montas (a.k.a Roudy) attacked Carline Sèide, a 20 year-old-woman, when she was returning to her home. He threatened her with his gun, brought her to his home, tied her up to a bed and raped her. James Montas then called six (6 of his accomplices) for them to rape her and then he raped her a second time. Notwithstanding Carline’s desperate cries for help, no one came to help her. After having committed the rape, James Montas threatened her with death if she reported him and released her.[150] [IACHR’s translation]

 

115.          Kay Fanm and the legal defense organization CARLI provided legal, medical and shelter assistance to the victim throughout the judicial process.  Even though the perpetrator was sanctioned, Kay Fanm documented the revictimization of the victim throughout the process.  It mainly criticized the actions of the defense lawyers, in statements denigrating the victim based on her sex, including disrespect for her integrity and dignity throughout the process.  Furthermore, the family of the perpetrator, communicated to the victim “harmful, threatening and sexist statements”.[151] Lastly, the sentence provided by the criminal code was life in prison, but the Judge decided to sentence the perpetrator only to 6 years in prison, due to his position of authority.[152]  Civil society organizations reported that the process to achieve the conviction required a great deal of lobbying on their part since the justice system still does not assume the responsibility to punish these acts.

 

116.          Civil society organizations also communicated to the Commission the immediate and recurrent release of many perpetrators who have been arrested for acts of violence against women.  The civil society organization SOFA documented the following emblematic case illustrating this problem:

 

D.E., a 16-year-old young woman and high school student lives with her mother in Bizoton, community of Carrefour, and like almost all the girls in her age group, has a boyfriend (…) On July 15, 2006, in the afternoon, her boyfriend, out of jealousy, and after beating her, poured gasoline on her and set her on fire (…) The doctor who examined the young woman diagnosed “hypertrophic severe scars on her scalp and in a part of her body.” The young man was arrested, but was released after a month in detention and has made death threats to D.E.[153] [IACHR’s translation]

 

117.          In cases related to family matters, civil society and services-organizations also communicated to the Commission delegation key challenges they face in seeking to obtain judgments.  For example, in cases where the female victim claims alimony, the procedure is slow and costly, with legal costs and filing fees between 15,000 and 20,000 Gourdes plus attorney’s fees.[154]  Moreover, the amounts set by the judges for alimony are often insufficient to respond to the real needs of children. [155]  Furthermore, there is a notable absence of monitoring mechanisms to guarantee compliance with judicial decisions in alimony matters. [156]  The kidnapping of children can be used as a strategy by the fathers to avoid providing alimony or to pressure the mothers psychologically. [157]  In cases of divorce, even though women hold the main responsibilities for their children, some fathers claim and obtain custody as retribution.  In these cases, the children are cared for by the new wife or partner of the husband.[158]  

 

118.          In cases of violence, the problems described previously are compounded by the fact that the authorities do not regard acts of discrimination and violence against women as equally serious as other crimes. Therefore, complaints by female victims are often trivialized by the courts, and resolution of the matter may end in the payment of a fine or financial compensation to the victim by the perpetrator, without pursuing a criminal trial or imposing additional sanctions.  Justice officials may disregard evidence that is critical in identifying the guilty parties and victims, and their next of kin can be mistreated and disrespected during the investigation phase of the process.

 

119.          One of the most important challenges to the adequate investigation of cases is the increasing reliance on testimonial evidence due to the absence of resources, equipment and a strong forensic medicine system to obtain other kinds of evidence. The Commission's  report  -Access to Justice for Women Victims of Violence in the Americas- recommends that protocols be designed for all officials involved in the investigation, prosecution and punishment of violence against women cases to facilitate and promote “the effective, uniform, and transparent investigation of acts of physical, sexual, and psychological violence, including a description of the probative complexity of such cases, and the variety of evidence to be gathered to provide adequate grounds for conviction, including scientific, psychological, and physical evidence, and testimony.”[159] This recommendation is very relevant to the investigation of cases in Haiti.   

 

120.          One notable advance is the requirement that doctors issue a certificate in the case of injuries linked to sexual assault and that the issuance of this certificate is free. The certificate is considered an essential piece of evidence to bring cases of rape to the courts.  In 2006 a protocol was signed between the Ministries of Health, Justice and Women to ensure that the certificate was issued free of charge.[160] Subsequently, this requirement was also advertised in the newspaper by the Ministry of Women, the National Network on Violence against Women and the United Nations Population Fund.[161]  Despite this directive, the Commission was informed in August 2007 that it was not yet being enforced and that the requirement of issuing the certificate is only binding on doctors practicing in public health facilities.  

 

2.         Treatment of Women Victims and Access to Legal Assistance

 

121.          Haiti has the duty to establish fair and effective procedures for women who have been subjected to violence which include protective measures, a timely hearing and an effective access to procedures. Additionally, the State is bound to establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies.[162]

 

122.          At present, there is no state sponsored legal assistance program in Haiti able to effectively meet the needs of indigent clients, including women victims of violence. The Ministry of Women informed the Commission that many civil society organizations currently provide critical legal assistance to victims, to overcome the voids in the current State-provision of services. Even so, only a handful of organizations offer such services compared to a much greater population in need of them. As such, the Commission underscores the need for the State and the international community to prioritize the provision of legal assistance for indigent populations, including women victims of violence. Further, the Commission stresses the importance of training the staff that provides services to women who have been the victims of violence in the context of legal assistance programs.

 

123.          The Commission is particularly troubled by the fact that female victims of violence are disinclined to turn to the justice system.  Even though there has been a notable increase in reports of abuse, most cases of violence against women still go unreported.  There is also a strong mistrust in that the justice system will be able to remedy the acts suffered due to the pattern of impunity towards human rights violations in Haiti.  Several sectors, including the government, civil society organizations and service-providers, noted how these problems are compounded by the lack of accessible and effective legal services free of charge for victims to pursue a claim before the courts.  The civil society services organization SOFA documented a case that is emblematic of the reasons why victims are hesitant to turn to the justice system when they are victims of violence:

 

This is a case of the repeated rape of a 10-year-old girl. Over 4 years, the perpetrator repeatedly raped and beat her. Following the December 6, 2006 assault, the girl’s sister found her crying and she revealed what had happened. Her parents, who had just found out, took their child to a private clinic to undergo a gynecological exam and determine if she was pregnant or if she had contracted a STD or AIDS. The doctor confirmed that the girl had been a victim of repeated sexual assaults. As a medical certificate provided by a private doctor is not valid in the eyes of the courts, the victim was referred to a medical center and l’Hopital de l’Université d’État d’Haiti. This institution issued a medical certificate which confirmed the victim’s allegations. In fact, the physical and gynecological exam demonstrated that the girl’s hymen reflected old tearing. Until now, the parents of the victim remain hesitant to turn to the justice system due to fear of reprisals by the perpetrator. [163] [IACHR’s translation]

 

124.          Civil society organizations and service providers furthermore reported that victims and their families are often mistreated when they attempt to avail themselves of judicial remedies and have no confidence in the ability of the justice system to remedy the wrongs committed.  Other factors that fuel this hesitation are the secondary victimization that women victims experience by State officials when they attempt to report the violence perpetrated against them, particularly the police; the lack of judicial protections and guarantees to safeguard the dignity and safety of victims and witnesses during the prosecution of cases; the economic cost of judicial proceedings; and the geographic location of the judicial bodies where such complaints would be filed (typically far removed from the communities where such violations occur).  The justice system is largely absent from areas outside of Port-au-Prince, which makes it very difficult for victims to report violent crimes.

 

125.          With respect to the cases that do reach the justice system, parties are frequently willing to reach a financial settlement of the case in lieu of prosecution, a convenient arrangement proposed by the perpetrator to avoid punishment, and conceded to by the judge and the victim who receive monetary compensation. Kay Fanm communicated to the delegation that rape cases, for example, are still considered "crimes of honor" by the families of the victim, and therefore, they prefer to financially settle with the perpetrator rather than to go through a public judicial process.  UNIFEM has described this issue as follows, citing statements from civil society organizations:

 

The reports of the Citizen Forum, which are constructed from fieldwork on the ground across the country, describe a discriminatory and exclusionary penal system that confirms the Haitian saying “justice belongs to the rich”. The formal character of procedures demands the assistance of advocates and practitioners; in the absence of a legal aid system, most Haitians simply cannot afford justice.  Kay Fanm also mentioned that one of the major obstacles for helping victims of gender-based violence is the prohibitive cost of justice.[164]

 

126.          Moreover, several civil society organizations communicated to the delegation how major segments of Haitian society do not have access to education and therefore to basic information on the workings of the justice system.  Furthermore, most legal texts are written in French, while the majority of the population only speaks Creole.  Service-providers such as Kay Fanm, communicated to the delegation the increasing demand of victims for information on existing legal services and processes in family matters, including marriage, divorce, separation, division of goods, child custody, and alimony, among others.[165]

 

3.         Response by Justice Officials to Cases of Violence and Discrimination

 

127.          While the failure to promptly and effectively process cases involving violence against women is often attributed to structural, economic and personnel-related factors; the failure to investigate the facts reported and the inefficacy of the justice system in prosecuting and punishing these cases can also be attributed to discriminatory socio-cultural patterns that influence the behavior of officials at all levels of the justice system.  Justice officials do not regard incidents of violence against women as a priority, do not take female victims seriously, disregard evidence critical in identifying the guilty parties, and are disrespectful to the victims and their relatives when they try to cooperate in the investigation.

 

128.          Furthermore, the Commission has established that violence and discrimination against women are still condoned in American societies, as evidenced by the manner in which officials in the justice system and the police respond to and treat cases of violence against women.[166] The Commission has received information from a variety of sources confirming the need to create and strengthen programs to train officials and personnel in the justice system and the police about the problem of violence against women as a serious human rights violation and about their obligation to treat women victims in a respectful and humane fashion when they turn to the police and the courts for protection.  The Commission considers a positive development that network organizations, which promote the protection of the rights of women, such as CONAP, have designed training programs for justice officials.  However, the Commission underscores the need for the programs created to be institutionalized, and to include accountability mechanisms to ensure permanent change.

 

D.       Challenges in the Current Legislative, Public Policy and Institutional Framework to Address Violence and Discrimination against Women

 

129.          The visits of the Commission confirmed that there has been a noticeable and historical absence of the State -in the spheres of legislation, public policies and institutions- in addressing the issues of discrimination and violence against women. Haiti is obligated to act with due diligence by organizing its state structure to prevent and eradicate acts of discrimination and violence against women. Notwithstanding the human rights obligations of the Haitian State, the Ministry of Women communicated to the delegation that since 2003, public servants have been unable to respond to the prevalence of discrimination and violence against women, particularly in the justice, police and health sectors, and that the State lacks the resources needed to provide the services required by the victims.

 

1.         Legislative and Public Policy Framework

 

130.          The Commission received information from a variety of sources confirming notable omissions in the existing legislative framework to address violence against women. In this sense, Haiti is still lacking a comprehensive set of laws to address all forms of violence against women in the public and private spheres.[167]  The government, however, is presently developing an ensemble of laws to enhance the protection of women’s rights in the spheres of discrimination and violence against women.

 

131.          With respect to the operating legal framework, Haitian courts apply a set of legal codes adopted from the French legal tradition, which have not been reformed to comply with human rights standards protecting women against discrimination and violence, although the Haitian Constitution of 1987 embraces the principles of equality and non-discrimination. However, the Haitian civil and penal codes require significant reforms in order to harmonize these texts with Haiti’s international obligations under the Convention of Belém do Pará and CEDAW.

 

132.          The Haitian Civil Code was partially amended in October of 1982.  Before then, the code contained discriminatory provisions towards women based on stereotypes of their social roles, including the husband’s obligation to protect the wife and to support her, and the wife’s obligation to obey the husband, and to live and follow him wherever he chose to reside.[168]  The 1982 amendment decree still places the male spouse in a position of authority with respect to his wife, especially in regards to the administration of property and resources within the marriage. [169]  Apart from the civil code of Haiti, the Haitian Government issued a specific decree in February 1981 on the elimination of racial discrimination, which included a definition of discrimination that specifically referred to discrimination based on sex in Articles 8 and 9.

 

133.          With respect to the normative framework on violence against women, and given Haiti’s ratification of the Convention of Belém do Pará in 1996, an Executive Decree was issued in July 2005.[170] This Decree introduced changes to existing provisions in the Haitian criminal code regarding the penalties for acts of sexual violence against women, and modified other provisions that were deemed to be discriminatory and in violation of Haiti’s obligations under the Convention of Belém do Pará. [171] 

 

134.          For example, prior to the adoption of the Decree, rape was categorized as “attentats aux moeurs” (offense against morals) and the penalty was limited to ‘reclusion’.[172] The July 2005 Decree reclassified rape as a crime of “aggressions sexuelles” (sexual aggression).  Accordingly, the July 2005 Decree modified the penalty for rape and all other acts of sexual aggression to ten years of forced labor and further elaborated on the elements constituting rape or acts of sexual aggression. Specifically, Article 2 of the Decree provides that:

 

Article 278 of the criminal code from now on reads as follows: Anyone who has committed a crime of rape, or is guilty of any other sexual aggression, consumed or attempted with violence, threats, surprise, or psychological pressure against a person, regardless of sex, will be punished with ten years of forced labor.[173] [IACHR’s translation].

 

135.          Furthermore, the Decree provides for a more specific penalty when the crime of rape or sexual aggression is committed against a person younger than fifteen years old. In this case, the Decree specifies the penalty as fifteen years of forced labor, whereas the criminal code provided the penalty of forced labor without specified time duration.[174]

 

136.          Further, the law on adultery previously reflected unequal treatment between women and men, excusing a husband from criminal liability for the murder of his wife if caught in the act of adultery, while a woman could be charged and sentenced to prison for up to two years for committing the same offense.[175] In this sense, Article 10 of the July 2005 Decree states:

 

Article 269 of the criminal code from now on reads as follows: Murder of a spouse by the other spouse, regardless of sex, is not excusable unless the life of the spouse who has committed the murder was endangered at that time.[176] [IACHR’s translation].

 

137.          Even though the Haitian State has ratified the Convention of Belém do Pará and CEDAW, and noticeable efforts have been made in the sphere of legislation in recent years, cases of rape continue to be seldom prosecuted and justice officials have not been trained on how to appropriately address these cases. Efforts to implement laws are also challenged by the prevalence of discriminatory socio-cultural beliefs and practices that perpetuate the treatment of women as inferior and the social acceptance of different forms of violence against women.

 

138.          The Ministry of Women has identified a number of challenges that negatively influence the effective implementation of existing legislation and public policies to address discrimination and violence against women in all sectors.  Among these are the deficient national funding for specialized services for women; a consistent reliance on international assistance; the concentration of most attention services in Port-au-Prince; the need to construct shelters for victims of violence; and the need for a centralized information system.[177] Furthermore, international organizations such as UNIFEM have identified political and parliamentary instability as obstacles to legislative change, because legislative decrees only become effective when a new parliament is formed.[178]

 

a.         Preventive Measures to Reduce the Incidence of Violence against Women

 

139.          Notwithstanding the abovementioned state sponsored initiatives to respond to the situation of violence and discrimination against women, the Commission observes a notable gap between the State’s obligations and the effective protection of women from violence. The Commission is particularly concerned by the absence of legal measures to protect and prevent imminent acts of violence against women.  Both State and non-state sources confirm that State authorities -the police in particular- fail to fulfill their duty to protect women victims of violence against imminent threats.  Civil society organizations communicated to the delegation that women do not trust that the police will be able to respond upon notification of an imminent act of violence.

 

140.          The report of the Commission on access to justice for women victims of violence in the Americas found that state authorities –the police in particular- are not fully complying with their duty to protect women victims of violence against imminent threats throughout the Hemisphere, particularly severe in the case of intra-family violence.[179]  The inaction on the part of state authorities is in part explained by their tendency to disbelieve the allegations made by women victims of violence and their perception of intra-family violence as a private and low-priority affair.  In many cases, women have been killed even after seeking the State’s preventive protection; in some cases, restraining orders were issued to protect women but then not properly enforced or monitored.  The United Nations Special Rapporteur on violence against women has recently expressed concern over the conduct of the police and their failure to intervene to prevent acts of violence and to implement protection orders, and has ranked this among the main obstacles to the practice of due diligence at the global level.[180]   Conducts of this kind are a breach of the States’ obligation to practice due diligence to prevent violence against women.

 

141.          The inaction on the part of Haitian State authorities is partially attributable to an inherent tendency to be suspicious of the allegations made by women victims of violence and the perception that such matters are low priority within the insecurity context in Haiti. For example, the services organization Kay Fanm communicated to the delegation that the treatment of the victim by the police when filing a complaint of violence, depends heavily on the way the victim looks or is dressed.  Furthermore, they communicated that the police treats sexual violence cases as more serious than intra-family violence cases, despite the fact that most of the victims seeking assistance from civil society organizations are in fact victims of intra-family violence. The Director General of the Haitian National Police communicated to the delegation that discrimination against women is prevalent within the police force, and confirmed the need to train officers to treat women with integrity and dignity.

 

2.         Institutions and Services

 

142.          The Commission observes with particular concern the historical absence of the State in providing needed services for women victims of violence. There are few specialized services provided to women victims of violence and the majority of these are provided by non-state service groups and human rights organizations. To date, there is no state-run entity charged with providing legal, health, shelter, counseling and support services to women who are victims of violence.

 

143.          The Commission received information from the Ministry of Women confirming that the State is largely unable to provide these services due to resource and capacity constraints.  According to information provided by the government, the national budget does not allocate specific funds for prevention, punishment and elimination of violence against women.[181]  Hence, most services are offered by civil society organizations such as Fanm Deside, Gheskio, SOFA, Kay Fanm and ENFOFANM. In the interim, the Ministry of Women has signed an agreement with these organizations to provide services for victims.  Service-providers consulted for this report in turn highlighted numerous challenges in providing services for victims, most notably the lack of human and financial resources. In this sense, the government recognizes that the number of crisis centers is “far from adequate” to meet the needs of female victims, considering the high number of cases of violence received.[182]

 

144.          In regards to the services that are indeed provided by the State, information collected during the Commission’s visits reveals that they are slow to be implemented and are not yet fully operational.  Furthermore, the Commission notes that the initiatives are not necessarily supported with the required human and financial resources for their operations to be effective.  During the visits, the Ministry of Women particularly regretted the absence of a state-run shelter for women and the lack of free legal services for indigent women victims of violence.[183] Minister Lassegue indicated that the existing shelters for abused or victimized women are run by civil society organizations, which have limited space for the numbers of women in need of assistance. In the interim, civil society organizations have developed an expertise in providing specialized services, and have been critical in meeting the needs of women victims of violence. However, the availability of such services across the country appears to be much lower than the numbers of women affected by violence.

 

145.          The Commission stresses that it is important that the State enhances its capacity to provide specialized services to women affected by violence. Similarly, the Commission encourages the strengthening of the network established by the Ministry of Women (the Table de Concertation Nationale), in order to ensure that a greater number of women can access specialized services.

 

a.         Impact of Violence against Women and Access to Medical Services

 

146.          Violence affects women in various ways, including consequences on their physical, psychological and emotional health in the short and long term. In some cases it deprives women of the opportunity to work or engage in economic activities to support themselves and their families. The Commission has identified some of the effects of such violence on victims: the trauma that accompanies the act; the rejection and stigmatization by their communities, families and partners; unwanted pregnancies; sexually transmitted infections; chronic pain; physical disability; drug abuse and depression; among others.[184]

 

147.          According to service providers in Haiti, the immediate consequences of physical and sexual violence on women can be significant and seriously damaging, requiring urgent and specialized attention. The Haitian services organization Kay Fanm describes the effects of violence against women as follows:

 

As direct victims of violence, women suffer serious consequences to the physical health (hemorrhages, broken limbs, multiple injuries and bruises) and to the mental health (loss of self-confidence and sense of self-worth, feelings of guilt, fear of sexual relationships, anxiety attacks, psychosis and depression). The victims rarely benefit from appropriate care. Not only due to the insufficiency, inaccessibility (both geographic and economic) and the inadequacy of public health facilities, but also because victims usually experience violence in isolation, which results from their exclusion or their marginalization from the public sphere (they find it difficult to establish relationships) and their social “invisibility.” Their feelings of shame make victims avoid addressing the consequences of the abuse suffered.[185] [IACHR’s translation]

 

148.          The Commission, based on findings by the World Health Organization and the Pan American Health Organization (hereinafter "PAHO"), recognizes the need for victims of gender-based violence to receive a range of specialized and multi-disciplinary State services to mitigate the impact of the acts suffered including health services and information on where to file complaints to obtain a remedy.[186]

 

149.          In cases of violence against women in Haiti, some of the effects of violence may include gunshot wounds, injuries from physical attacks with knives or machetes, beatings, psychological abuse, and other forms of cruelty. Furthermore, acts of gang rape, in some cases coupled with other forms of abuse, have been more frequent in recent years. Such practices have resulted in victims suffering from serious bodily injuries and in some cases irreparable harm to their reproductive organs, long-term health problems and emotional trauma.

 

150.          Haiti has the highest rate of adults affected with HIV in all of the Caribbean. PAHO reported that the total number of Haitian adults infected with HIV to be 240,000. Of these, 120,000 are women between the ages of 15-49, or 50% of the adult population infected with HIV.[187] In contrast, PAHO reports that 1.4 million people are living with HIV/AIDS in Latin America (30% of which are women), and 420,000 in the Caribbean (50% of which are women).[188]

151.          Available information reveals the overall HIV prevalence in Haiti to be estimated at 3.5% to 4%.[189] With respect to the HIV infection rate within Haiti, UNAIDS indicated that “one-third of Haiti’s HIV cases are in the country’s West department, which includes Port-au-Prince, and most of them are among women. The Ministry of Public Health further reported in 2006, that the HIV rate amongst young girls is twice as great as that of boys.”[190]

 

152.          In this context, sexual violence constitutes a key vehicle in the spread of HIV/AIDS infection and other STI’s amongst women.[191] The HIV transmission through acts of sexual violence is understood by many practitioners to be very high, especially when the majority of gang members are in a high-risk category and do not regularly use protection against sexually transmitted infections.[192]

 

153.          Furthermore, many rape cases result in involuntary pregnancies, which place additional burdens on the victims, especially those of an economic nature.  A number of first hand accounts received by the Commission indicate that once the family of a victim is aware that the young woman or girl is pregnant, she is either forced to marry the perpetrator (in cases where the perpetrator is a neighbor or resident in the community), or thrown out of her home (in cases where the perpetrator is a member of an armed gang, or in cases of intra-family violence where the perpetrator is a relative of the victim).

 

154.          Female victims of physical and sexual violence also experience emotional and psychological trauma.  Due to the fact that this is considered a taboo subject, women victims tend to suffer in silence for fear of being rejected by their families and community. Women victims experience depression and social alienation, fear for their safety or lives, and in some cases, commit suicide due to the lack of support from their community or the failure to receive psycho-social counseling services. In particular, since 2004, there have been a higher number of suicides amongst women victims of violence due to the inability to speak publicly about their situation.[193]

 

155.          Women’s rights advocates and social workers stressed the serious impact of violence against women on the economic livelihood of the victim and her family, given the current socioeconomic conditions of Haitians, and particularly Haitian women. While studies show that a majority of women in Haiti are single heads of households, first-hand accounts from residents indicate, and humanitarian workers in affected communities confirm, that armed groups have increasingly targeted female heads of households on the premise that women are less likely to resist intrusion.

 

156.          The Commission observes that women’s access to medical treatment for injuries due to physical or sexual violence constitutes one of the primary and most immediate types of services required. The Convention of Belém do Pará states that victims of sexual violence are entitled to the recognition, enjoyment, exercise, and protection of all their human rights, including the civil, political, economic, social, and cultural rights enshrined in regional and international human rights instruments. The Commission has underscored that women cannot fully enjoy their human rights without having a timely access to comprehensive health care services, and to information and education in this sphere.[194]  The Commission has also established that the health of sexual violence victims should be treated as a priority in legislative initiatives and in the health policies and programs of Member States. [195]

 

157.          Some victims lack awareness of and information about the negative health consequences of sexual violence and the urgent measures required to prevent further harm. Consequently, most victims do not seek medical treatment after being raped unless they have sustained serious injuries requiring medical attention. To illustrate this point, one humanitarian worker in Cité Soleil confirmed that for many women living in the poorest communities, rape constitutes the first sexual experience.[196] The Independent Expert for the United Nations Secretary-General’s Study on Violence against Children has identified this phenomenon as a global issue.[197] Furthermore, it is frequent to find cases where the victim has been repeatedly violated prior to seeking medical assistance.

 

158.          The Commission has found that the accessibility and quality of public health facilities in Haiti available to the general public remains extremely poor.  Within this context, the availability of specialized services for women victims of violence is even more limited.  In 2007, the Ministry of Public Health released a report that provides the most updated figures on the situation of Haiti’s public health sector and the services available nationwide for women victims of violence. The report notes that sexual violence constitutes a serious problem in Haiti and expresses concern for the impact of the rate of sexual violence on the growth of the HIV infection rate in the country. For a population of approximately 8.5 million inhabitants, the report states that there are 33 health care centers nationwide providing specialized treatment for victims of sexual violence. However, the distribution of these centers is extremely imbalanced amongst the ten administrative departments of the country:  (8) West; (1) South-east; (4) North; (1) North-east; (5) Artibonite; (8) Center; (3) South; (1) Grande Anse; (1) Nippes; (2) North-west.[198]

 

159.          The West department, comprised of the capital city and 14 administrative zones, is the most populated sector of the country and where most acts of armed violence have occurred since 2004. This department has a total of 213 public health care centers, eight of which provide specialized services for victims of sexual violence. Finally, the Ministry of Public Health reported that for residents of Port-au-Prince a victim of sexual violence has a 4% chance to access specialized services, while in the rest of the 14 communities of the West department, there is a 0% probability for victims to access specialized services.

 

160.          In conclusion, while public health care facilities equipped with specialized services for victims of sexual violence exist in several parts of the country, this number remains largely inadequate in comparison to the percentage of victims in need of medical attention as a result of sexual violence. Aside from poor accessibility to public health care facilities, the Commission notes additional factors adversely affecting women’s access to medical services. In particular, women victims of violence tend to reside in poor and marginalized communities, which have also been severely affected by armed violence. This has created an especially vulnerable situation for the women living in these districts.

 

3.         Truth, Justice and Reparations

 

161.          International principles uphold the right of victims of human rights violations to “adequate, effective, prompt and appropriate” reparation that is proportional to the wrong suffered.[199] The reparation must be comprehensive and should include guarantees of restitution, compensation, rehabilitation, satisfaction and non-repetition.[200] The Commission has established that this right also applies to women victims of violence and discrimination.[201]

 

162.          The Convention of Belém do Pará urges States to establish the judicial and administrative measures necessary to ensure that women who have been subjected to violence and discrimination effectively access restitution, reparation of the damage, or other just, and effective means of compensation.  Similarly, Resolution 1325 of the United Nations Security Council underscores “the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes including those relating to sexual violence against women and girls, and in this regard, stresses the need to exclude these crimes, where feasible from amnesty provisions.”[202] 

 

163.          In this context, it is indispensable that the Haitian State guarantees the rights of women in the investigation and punishment of acts of violence and discrimination which have occurred in the past and are occurring in the present, as well as ensures the adequate reparation of the harm done, through measures of restitution, indemnity and rehabilitation.

 

IV.        CONCLUSIONS AND RECOMMENDATIONS

 

164.          In this report, the Commission conveys and reiterates its grave concern over the suffering of Haitian women due to a situation of widespread and systematic violence and discrimination. The Commission also underscores the importance of considering the specific needs of women in the public and institutional response to these problems and the overall security situation in Haiti. Under the current circumstances, Haitian women cannot fully exercise their rights under the American Convention, the Convention of Belém do Pará, and other international instruments. The problems of discrimination and violence against women remain taboo and hidden issues in Haiti, which leaves the victims with a sense of insecurity, defenselessness and mistrust that the acts suffered will ever be remedied, and that their physical and emotional scars will ever be healed.

 

165.          As discussed in this report, the problems of discrimination and violence against women in Haiti are inter-connected and involve an extremely complex set of social, cultural and economic factors, demanding comprehensive and multidisciplinary solutions that can no longer be postponed. Pursuant to its human rights obligations, the Haitian State is obligated to exercise due diligence to prevent, punish, and eradicate the widespread discrimination and violence against women.

166.          The recommendations in this report are geared towards the design and enforcement of a national State policy that considers the forms of discrimination and violence that affect women in Haiti, during times of peace and political unrest, in order to achieve progress in the diagnosis, prevention and response to these problems, and the incorporation of the specific needs of women in the public agenda.  In the current context, the Commission is encouraged by the demonstrated good will and commitment of the Ministry of Women in developing an action plan to eradicate discrimination and violence against women in Haiti and its efforts to involve a number of sectors in the implementation of said plan.

 

167.          The Commission underscores that it is important that this plan include a multi-sectoral approach to address these problems, supported by an adequate allocation of human and financial resources to make its provisions a reality.  The Commission also emphasizes the role and responsibility of all government sectors to actively participate in its national implementation.  Some steps that the State has undertaken display an understanding of the gravity of the existing problems and its commitment to consider the specific needs of women in the adoption of measures to prevent, punish and eradicate existing discrimination and violence against women.

 

168.          Since violence against women is a symptom and consequence of discrimination, the recommendations in this report also call on the Haitian State to adopt urgent measures to educate the general population with the objective of eradicating socio-cultural patterns that promote the treatment of women as inferior and perpetuate their unequal treatment in society.  Such actions are critical in order to eradicate the problem of discrimination and the structural inequalities women currently face, as well as to prevent further acts of violence.

 

169.          The IACHR wishes to thank the State of Haiti for the cooperation and support provided during the several on-site and working visits of the Commission to Haiti to investigate the human rights situation and conduct research in preparation of this report. Further, the Commission expresses its sincere appreciation to non-governmental organizations, civil society institutions and international agencies for their contributions in the preparation of this report. Finally, the IACHR Rapporteur on Haiti would like to especially thank the victims and victim’s groups for their enriching contributions and insights which enabled the Commission to gain an intimate understanding of the complex nature of the problem, and wishes to commend these individuals on their courage to share their experiences with the Commission, despite the risks and difficult circumstances in which they live, and without which this report could not have been written.

 

General Recommendations

 

1.                  To adopt an integral state policy to address the specific needs of women and the problems of discrimination and violence they face, supported by sufficient human and financial resources, and implemented by all key sectors and Ministries.

 

2.                  To adopt public policies and programs designed to reconfigure the stereotypes and social conceptions about the role of women in society and to promote the eradication of discriminatory social patterns that obstruct their full access to justice; these public policies should include training programs and comprehensive prevention policies.

 

3.                  To adopt legislation, public policies and programs to effectively address inequalities between men and women in the Haitian society, especially in the labor, education, health, political participation and family spheres.

 

4.                  To swiftly adopt legislation that adequately protects women and girls from acts of violence –physical, sexual and psychological– in the private and public spheres.  To earmark sufficient resources and to enact the necessary regulations to ensure their effective implementation nationwide.

 

5.                  To develop educational programs for the public, from a formative and early age, in order to cultivate respect for women as equals, the recognition of their particular needs, and their right to be free from violence and discrimination.

 

6.                  To strengthen the capacity of institutions to combat the pattern of impunity in cases involving violence and discrimination against women, through effective criminal investigations that bring cases to trial, thereby ensuring that the crimes are properly punished and victims receive reparations.

 

7.                  To provide female victims with accessible and effective legal services free of charge to pursue a claim before the courts and to create specialized centers to provide multidisciplinary services to victims of violence, including legal, medical and psychological.

 

Specific Recommendations

 

Legislation, Public Policies, Programs and Services

 

8.                  To adopt integral and multi-disciplinary measures for the strengthening of the existing judicial and legal framework with the objective of guaranteeing the adequate protection of women from acts of violence and discrimination, according to the State’s international obligations, particularly the Convention of Belém do Pará.

 

9.                  To scrutinize all norms, practices and public policies that create differences in treatment based on sex or that can have discriminatory effects with respect to women by the legislative, executive and judicial branches of the Haitian State.

 

10.              To adopt government programs that seek to provide support services to women victims of violence to assist them in coping with the emotional trauma and psychological effects caused by acts of violence, in particular sexual violence. To create specialized centers accessible to all women victims of violence -regardless of their geographic location-, in order to provide multidisciplinary services to victims of violence, including legal, medical and psychological, and to allocate sufficient human and financial resources for their effective functioning.

 

11.              To allocate resources to sustain the efforts of key civil society organizations providing legal assistance and shelters for women victims of violence in Haiti.

 

12.              To adopt measures to ensure that doctors and medical personnel comply with the requirement that medical certificates are issued for free to victims of sexual violence.

 

Administration of justice

 

13.              To create a nationwide system for recording statistical and qualitative data on acts of discrimination and violence against women within the administration of justice system, which should include up-to-date, reliable statistics providing information on all the actors that perpetuate discrimination and violence against women in Haitian society.

 

14.              To strengthen the functioning of the specialized units created within the Office of the Ombudsman and the Haitian National Police (“Brigade des Mineurs”) to address the specific needs of women and girls, through the adequate assignment of human and financial resources, the institutionalization of appropriate training and capacity-building programs, and the strengthening of police presence in rural areas.

 

15.              To circulate information nationwide about the judicial resources available to women victims of violence, in Creole and French. 

 

Investigation, Prosecution and Punishment of Acts of Violence and Discrimination against Women

 

16.              To adopt measures to prevent and punish acts of violence and discrimination against women while in detention, by State actors, including security forces and prison guards. To create effective complaint mechanisms for women in detention. 

 

17.              To strengthen the capacity of judicial institutions, including the public prosecutor’s office, the Haitian National Police and the courts, by increasing the financial and human resources they have to combat the pattern of impunity in cases involving violence and discrimination against women.

 

18.              To design protocols to facilitate and promote the effective, uniform and transparent investigation of acts of physical, sexual and psychological violence, which include a description of the detailing of the evidence and an itemization of the minimum evidence that needs to be gathered to properly substantiate a case: scientific, psychological, physical evidence and testimony.  Multidisciplinary investigation of these crimes needs to be encouraged.

 

19.              To take steps in order to provide female victims with accessible and effective legal services free of charge to pursue violence and discrimination claims before the courts and to take efforts to address the challenge of the absence of justice institutions in rural and marginalized areas.
 

Treatment of Victims by Judicial Protection Entities

 

20.              To take immediate steps to ensure that the public officials involved in prosecuting cases of violence and discrimination against women (including prosecutors, police, judges, court-appointed attorneys, administrative personnel and forensic medicine professionals) are properly educated about women’s rights so that they apply the domestic and international laws to prosecute these crimes properly and so that the integrity and dignity of the victims and their relatives are respected when the complaints are filed and during their involvement in the judicial process.

 

21.              To provide effective judicial protections and guarantees so that women victims are able to report acts of violence, including measures to effectively safeguard the safety of complainants, survivors and witnesses, and measures to protect their privacy, dignity and integrity when filing reports and throughout the criminal proceedings.

 

Measures of Protection

 

22.              To adopt legal measures to protect women from imminent acts of violence. 

 

23.              To devise and institutionalize training programs geared toward all state officials involved in the monitoring and supervising protective measures and initiatives intended to prevent acts of violence against women -particularly in the case of the police-, to instruct them about the need to ensure proper enforcement of and compliance with these measures, and the consequences of non-compliance and non-enforcement.  To adopt measures to sanction state officials who do not properly monitor these measures.