Press statement by UN human rights expert on Haiti William O’Neill

New York, 5 July 2023

Good afternoon, everyone and thank you for coming.  My name is William O’Neill, and I am the United Nations Expert on Human Rights in Haiti.

I recently spent 10 days in Haiti on a fact-finding mission.  I have been working on Haiti for over 30 years and I have never seen the situation as bad as it is now.

Gangs control over 50% of the capital.  They rule ruthlessly: kidnapping, extorting and terrorizing the population.  Many areas of the city are off-limits to the Haitian National Police.  In some instances, the police have colluded with the gangs.  The impact on economic, social and cultural rights is devastating.  Children cannot go to school, markets are closed or the merchants must pay a “tax” to the gangs, health clinics cannot operate and the basic activities of daily life entail great risks.

The gangs are responsible for sexual violence against women and young girls.  They use sexual violence to terrorize the population and to demonstrate their control. Gang rapes have become common. I interviewed two victims of sexual violence who described how they were beaten and even burned with pieces of hot plastic. 

The Haitian state, barely present in gang-controlled areas before this recent wave of violence, is totally absent now.  The state, following a report by OHCHR/BINUH in October 2022 on sexual violence, committed to  provide services and support to the victims.  Yet nothing has been done so far.  The victims told me that they feel abandoned and alone. 

I visited the prisons in Port-au-Prince and Cap Haitien.  The conditions are cruel, inhuman and degrading. The National Penitentiary in the capital in particular is horrific.  Detainees are kept inside squalid, hot and overcrowded cells for hours at a time.  There is no water or toilet inside.  They must sleep in shifts because there is not enough room for all to lie down at the same time.   The cells in Cap Haitien are similarly jammed. But at least there the director has found a way to have garbage and human waste removed every day.  This is not the case in the capital where I saw a pile of all kinds of waste 10 feet high and 15 long right next to the health dispensary. Patients with tuberculosis and other diseases live right next to this, the odor nauseating and the risks to health obvious.

Over 80% of those in detention have never been tried or convicted of any crime.  I interviewed one person who said he was accused of a petty theft yet he has been in prison for seven years awaiting trial.  I heard similar stories from other detainees who cannot afford lawyers and are rotting in prison.

This situation illustrates a massive failure in the justice system.  Judges are supposed to charge or release the accused within 48 hours of arrest. Prosecutors are charged with inspecting prisons every month to ensure conditions are humane. Yet these legal obligations are rarely enforced.  And even rarer is anyone held to account for failing to perform.

Weak accountability combined with rampant corruption results in state institutions that fail to protect human rights.  The population, understandably, has little confidence.  State officials are rarely punished and oversight mechanisms are weak. Until this aspect of governance is addressed, the human rights situation will remain dismal regardless of how much aid arrives or if the violence decreases.

I did see some positive developments which show that even with violence and lack of resources, progress can occur.  We are not asking for the impossible.

The new chief prosecutor in Port-au-Prince has already released detainees held in police stations that he has visited.  He told me that he has established quotas for his office requiring a certain number of cases to be resolved every week and he will make public announcements of the results.

The Anti-Corruption Unit has made huge strides in investigating major corruption cases.  They receive threats every day, yet continue their work.   Investigating Judge Morin was almost killed a few weeks ago by armed men who fired 13 bullets at his  vehicle.  Judge Morin is investigating several high-profile corruption cases.  Other judges are investigating cases involving former Senators, the head of customs and the head of national social assistance program. 

The Haitian National Police suffer from shortages of personnel and all types of equipment.  Yet when I met the head of the HNP for the north of the country, he described how he has gained the trust of the population which has led to effective operations against gangs.  He makes sure his officers are out visibly patrolling.  He insists on strict discipline and every complaint of police misconduct is investigated. 

The HNP Inspector General told me that 80 officers have been suspended and under investigation for misconduct or criminal activity.  HNP leadership also is investigating allegations of police participation in the “Bwa Kale” movement which is a form of vigilante justice.  I urge the HNP leadership to complete these investigations and to take any necessary action.

The HNP, however, needs help to combat the gangs. International police experts in combatting organized crime, armed gangs, financial crimes, kidnapping and in conducting urban operations, working alongside HNP counterparts, would provide the support needed for success.  All involved would have to observe the human rights principles involving the use of force, arrest and detention.  Strict independent oversight also is needed to assess any well-founded allegations of any violations of these principles.

I also call for an embargo on all arms and munitions shipments to Haiti except for those necessary to help the HNP to perform its tasks.  Haiti manufactures not a single gun or bullet.  Yet the gangs receive large amounts of both, mostly from the United States.

The mass deportations from the Dominican Republic, especially of unaccompanied minors, violate human rights standards and a bilateral protocol between the two countries. The children returned have often been mistreated and some are malnourished. I urge all countries in the region to end mass deportations given the relentless violence and systematic human rights violations in Haiti.

Haiti is bruised by violence, misery, fear and suffering.  But it is not without hope.  Brave people, especially in civil society and in some state institutions, are achieving positive results even with limited resources.  With strong will and focused support from the outside, Haiti can escape this downward spiral.

Kenbe fem, pa lage  

ENDS