(2023-Q1) Quarterly Report on the Human Rights Situation in Haiti (January-March 2023)

Human Rights Situation Quarterly Unofficial translation from French 1 Human Rights Situation Main trends Quarterly report: January – March 2023 Key take aways  The number of victims of killings, injuries and kidnappings increased by total of 1,634 cases reported.  Gang violence extended into areas of the capital previously considered safe, notably Kenscoff and department.  Sexual violence continued to be used as a weapon in the hands of gangs to terrorize  “Vigilance brigades” and mob lynching against gang members and common criminals multiplied across the capital  The UN High Commissioner for Human Rights conducted his first official visit to Haiti international community to support the strengthening of the Haitian National Police, including the urgent deployment of a sup limited period of time and under conditions consistent with human rights standards 2 The number of victims of killings, injuries and kidnappings increased by 28% compared to the previous quarter (October extended into areas of the capital previously considered safe, notably Kenscoff and Pétion Ville, as well as into the Artibonite to be used as a weapon in the hands of gangs to terrorize and inflict harm on the population igilance brigades” and mob lynching against gang members and common criminals multiplied across the capital. The UN High Commissioner for Human Rights conducted his first official visit to Haiti in February 2023. Durin international community to support the strengthening of the Haitian National Police, including the urgent deployment of a sup limited period of time and under conditions consistent with human rights standards. I. Armed violence The first quarter of 2023 sawa28% increase killed, injured, and kidnapped compared with the previous quarter (October – December 2022). Overall, armed violence frequency and intensity, affecting all communes in the metropolitan area of Port-au-Prince, and spilling over into the Artibonite department. Between January and March 2023, the the United Nations Integrated Office in the United Nations High Commissioner for Human Rights documented 1,634 victims of killings, accounted for 80% of the victims, women Victims of killings and injuries The highest number of casualties (killed and injured) areas of Port-au-Prince largely under gang control, notably Cité Soleil and Delmas, but also in localities previously considered safe, such as Pétion Ville and Kenscoff. Additional dramatically n several municipalities in the Artibonite department, particularly in the zones of Gonaïves, Liancourt, % compared to the previous quarter (October-December 2022), with a , as well as into the Artibonite ation, especially women and girls. . During his visit, he encouraged the international community to support the strengthening of the Haitian National Police, including the urgent deployment of a support force for a % increase in the number ofpeople and kidnapped compared with the previous quarter Overall, armed violence augmented in frequency and intensity, affecting all communes in the metropolitan area and spilling over into the Artibonite department. Human Rights Service (HRS) of United Nations Integrated Office in Haiti (BINUH) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) killings, injuries, and kidnappings. Men of the victims, women 17%, and children 3%. ighest number of casualties (killed and injured) was recorded in largely under gang control, notably Cité Soleil and Delmas, but also in localities previously considered safe, such as ille and Kenscoff. Additionally, casualties increased several municipalities in the Artibonite department, Gonaïves, Liancourt, and Verrettes. Gangs continued to use snipers on rooftops to indiscriminately shoot people carrying out their daily activities, and to people’s residences. Students were also victims of stray bullets while in their classroom or homes. In some instances, gang members burst into neighborhoods and fired their guns indiscriminate people as possible, burned people alive in public transportation vehicles, and executed everyone perceived to be opposed to the gang. These types of attacks were often perpetrated along with other human rights abuses, such as mass looting and burning of houses, and resulted in displacement of thousands of people. During this period, at least 21 police officers were killed gang-related violence, while at least238 gang members were turf clashes (39%), police operations (33%), and executions within gangs (28%). Kidnappings Kidnappings remained a significant source of revenue for many gangs The ransoms obtained were used to finance the acquisition of weapons pay individuals integrating their ranks and, occasionally members of the populationwho provided support to hold victims captive. At least 395 kidnappings were reported during the first quarter of 2023 representing anincrease of 12% compared to the previous quarter Although victims of kidnapping included all types of people an increase in the kidnapping of teachers, students, and parents inside or in the vicinity of school buildings. Healthcare workers, as well as justice personnel and other civil servants, were also targeted. As reported in previous periods, sexual violence against victims of kidnapping continued to be used, often as a means to coerce their families to pay a ransom. Sexual violence Sexual violence, including collective rape, continued to be used by gangs to terrorize and inflict pain on populations under the control of rivals. 3 Gangs continued to use snipers on rooftops to indiscriminately shoot fire regularly into victims of stray bullets while in their classroom or homes. In some instances, gang members burst into neighborhoods and fired their guns indiscriminately to kill as many people as possible, burned people alive in public transportation vehicles, and executed everyone perceived to be opposed to the gang. These types of attacks were often perpetrated along with other human rights abuses, and resulted in the police officers were killed as a result of gang members were killed in (33%), and by lynching or of revenue for many gangs. finance the acquisition of weapons, occasionally, reward support to hold victims captive. kidnappings were reported during the first quarter of 2023, compared to the previous quarter. all types of people, there was an increase in the kidnapping of teachers, students, and parents inside or Healthcare workers, as well as justice . s reported in previous periods, sexual violence against victims of kidnapping continued to be used, often as a means to coerce their Sexual violence, including collective rape, continued to be used by gangs the control of rivals. Sexual exploitation was also reported as being used by gangs against women and girls living in the communiti During the first quarter, the HRS referred psychosocial service providers. Although incidents of sexual violence are severely under reported, a local human rights organization denounced that at least 652 women and girlswere collective rape ingang-controlled areas over the past year Mob and street violence As a result of increased gang violence and “vigilance brigades” and mob lynching against gang common criminals multiplied across the capital. self-defense resulted in the death of at least gang members, since the beginning of the year Following the killing of 12 police officers days in January, protesters paralyzed commercial activitiesin Port-au-Prince, caused general chaos, target the Prime Minister who had just landed Socioeconomic impact The impact of armed violence contributed to food prices. As in previous months, local b illegal taxes to gangs to continue operating under gang control. Along these roads, vehicles were systematically extorted, hijacked or robbed. As reported by UNICEF, during the first week were shuttered across Port-au-Princeas a result of escalating violence while over one in four schools has remained closed since October Without a protective environment, children bec being recruited by gangs. 1 https://www.negesmawon.org/wp-content/uploads/2023/03/video.mp4 2 https://www.unicef.org/lac/en/press-releases/haiti increases-nine-fold-in-one-year-unicef also reported as being used by gangs against women and girls living in the communities under their influence. HRS referred 18victims to medical and psychosocial service providers. Although incidents of sexual violence are , a local human rights organization denounced were subjected to individual and over the past year 1 . violence and the weakness of the police, “vigilance brigades” and mob lynching against gang members and common criminals multiplied across the capital. These mechanisms of defense resulted in the death of at least 75people, 66 of whom were , since the beginning of the year. ollowing the killing of 12 police officers by gangs overa period of five paralyzed, for two days, traffic and , caused general chaos, and tried to who had just landed at the airport. contributed to inflation, including surging ocal businesses wereforced to pay illegal taxes to gangs to continue operating. Key arterial roads remained . Along these roads, commercial trucks and other hijacked or robbed. during the first week of February, 30 schools as a result of escalating violence, schools has remained closed since October 2022 2 . Without a protective environment, children become highly exposed to content/uploads/2023/03/video.mp4 releases/haiti-armed-violence-against-schools- A BINUH – OHCHR report 3 published in February gangs havesieged neighborhoods to deliberately restrict movement of the population and access to basic services and water, but also to sanitation services, such as garbage collection. These tactics worsened an already extremely unsanitary environment, promoting the spread of infectious diseases, notably cholera. backdrop, as of 31 March 2023, at least 21 healthcare facilities were forced to close or reduce their activities due to widespread insecurity Cité Soleil and Croix-des-Bouquets. Displacement Violence and socio-economic precarity have caused high levels of displacement. During the reporting period, at least 13,490 people were displaced, with more than half originating from the Port commune. As of 31 March, more than 127,000 people of displacement across the capital. While there is no comprehensive data on the number of Haitian the country by land or sea, in early March the U.S. Homeland Security reported that at least 3,567 Haitians at sea over the previousfive months 4 . Further, the International Organization for Migration at least 36,079 migrants were expelled to Haiti by countries during the first quarter, in violation of international human rights such as the prohibition of refoulement and collective expulsio Approximately 90% of those expelled came from the Dominican Republic. I. Fight against impunity The justice sector remained dysfunctional due to structural challenges, such as political interference, corruption, 3 https://www.ohchr.org/en/documents/country-reports/population gang-violence-investigative-report-human 4 https://www.news.uscg.mil/Press-Releases/Article/3316146/coast 49-people-to-haiti/ 4 published in February also showed that deliberately restrict the freedom of and access to basic services, notably to food and water, but also to sanitation services, such as garbage collection. These tactics worsened an already extremely unsanitary environment, , notably cholera. Against this backdrop, as of 31 March 2023, at least 21 healthcare facilities were widespread insecurity in high levels of forced During the reporting period, at least 13,490 people were from the Port-au-Prince people lived in a situation data on the number of Haitians fleeing U.S. Department of Haitians were intercepted International Organization for Migration (IOM) reported that countries in the region human rights norms, collective expulsions. from the Dominican remained dysfunctional due to the persistence of corruption, and lack reports/population-cite-soleil-grip- Releases/Article/3316146/coast-guard-repatriates- of judicial guarantees. However, some adoption of measures to improve the functioning of the judiciary. International Sanctions Between January and March, sixnew individuals to political and economic elites, were sanctioned by accusations of corruption, drug trafficking, and/or and operational support to criminal gangs of sanctioned individuals to 25 since the approval by the Security Council, on 21 October 2022, of resolution established, among others, ban, and asset freeze against individuals and entities responsible for or complicit in actions that threaten the peace, security, or stability of the country, including gang members and their sponsors. Conditions of detention in Haitian prisons As of 31 March 2023, a total of 11,462 prisons, more than 83% per cent of whom were on pre The cell occupancy rate was 286%.During the first quarter of 2023, deaths of inmates were documented, most of them linked to malnutrition related diseases. During the first quarter 2023, the HRS supported an habeas corpus procedure which facilitated the release of detained, in the prisons of Petit Goâ offenses and that had not been tried within a reasonable time is in addition to the 110 prisoners that were released, following the same procedures, between October and December 2022, in Port Emblematic cases The lack of accountability for serious human rights violations and abuses remains a major concern.No progress was made intoseveral of the so-called “emblematic cases” due to the appointment of judges and processing backlogs the massacres in Grand Ravine (2017) stalled, partly because of the non-certification by the Superior Council of However, some progress was observed with the functioning of the judiciary. individuals, all of them belonging were sanctioned by foreign States, on corruption, drug trafficking, and/or providing financial gangs. This brings the total number the approval by the United Nations Security Council, on 21 October 2022, of resolution 2653 (2022). The a targeted arms embargo, travel individuals and entities responsible for or complicit in actions that threaten the peace, security, or stability of the including gang members and their sponsors. in Haitian prisons 11,462 persons were held in Haitian % per cent of whom were on pre-trial detention. During the first quarter of 2023, 20 , most of them linked to malnutrition the HRS supported an habeas corpus the release of 40persons that had been âve and Cap-Haitian, for minor and that had not been tried within a reasonable time. This figure is in addition to the 110 prisoners that were released, following the same between October and December 2022, in Port-au-Prince. human rights violations and abuses o progress was made in the investigation called “emblematic cases” due to issues related to processing backlogs.The cases concerning Ravine (2017) and Bel Air (2019) remained certification by the Superior Council of the Judiciary (CSPJ) of the investigating judges in charge of the cases. For the Bel Air case, progress in the investigation was further hindered by the fact that two judges were assigned to the case was made aware of the appointment of the other. Investigation into the assassination of Monferrier Dorval (2020) did not progres mandate of the judge in charge ended in June 2021 investigation into the La Saline massacre (2018) remained due to a motion for recusal filed before the Court of Cassation, in 2019, against the judge who was investigating the case. Concerning the investigation into the assassination of President Jovenel Moïse, the current Haitian judge in charge of the interviewed three suspects, two of whom were released after the hearing.Additionally, on 9 March, the Central Directorate of the Judicial Police (DCPJ) issued search warrants against 14 suspects, including former anti-corruption state official, Joseph Félix Badio, Gérald Bataille, armed gang leader Vitelhomme Innocent, police officers. Forty-five individuals remained in detentio connection with the assassination, including 18 Colombians, 20 police officers, and sevenother people. On their side, the judicial authorities of the United States arrested on 14 February, in Florida accused of planning and financing the assassination This latest spate of arrests brought the number of people detained in the U.S. in connection with the assassination to 11. A key development place on 24 March, when Rodolphe Jaar, one of the suspect pleaded guilty to his involvement and admitted to support for those suspected of killing the President. the Dominican Republic in January 2022 and extradited to the U.S. days later. Fight against corruption On 16 January, the CSPJ transmitted a list of 31 certified magistrates and 30 non-certified magistrates identified as corrupt and/or lacking moral integrity to theMinistry of Justice and Public Security ( published on 20 January, the Anti-Corruption Unit (ULCC) announced an investigation into the assets of all uncertified magistrates suspected of illicit enrichment.Nevertheless, several institutions, including 5 judges in charge of the cases. was further hindered assigned to the case, neither of whom . Investigation into the not progress since the mandate of the judge in charge ended in June 2021. Finally, the remained at a standstill before the Court of Cassation, in 2019, into the assassination of President Jovenel the current Haitian judge in charge of the investigation interviewed three suspects, two of whom were released after their Central Directorate of the Judicial against 14 suspects, including a Joseph Félix Badio, as well as pastor Bataille, armed gang leader Vitelhomme Innocent, and eight in detention in Haiti in 18 Colombians, 20 police On their side, the judicial authorities of in Florida, four persons of President Moïse. the number of people detained in the A key development took suspects in the case, providing financial resident. Jaar was arrested in January 2022 and extradited to the U.S. a few transmitted a list of 31 certified magistrates and certified magistrates identified as corrupt and/or lacking moral of Justice and Public Security (MJSP).In a note Corruption Unit (ULCC) announced an investigation into the assets of all uncertified magistrates suspected of several institutions, including the Ombudsman Office (OPC) raised concerns procedure followed, which does not provide for decision of the CSPJ. Functioning of the judiciary On 7 March, eight newly appointed judges to the Court of were sworn in, including three women. the highest court in the country, ensures compliance of electoral and judicial processes with the law. It also exception. Its activities had remained paralyzed since due to the expiration of the terms of six judges, including that of its vice president, who had been presiding over the court since death in June 2021. The new appointment resumption of the Court of Cassation’s activities and are restoration of judiciary and democratic processes. Despite this positive step, strikes within the justice system 1 March, the magistrates from the “Collective of Haitian (COMADH) association, working mainly Offices of the Courts of Appeal and Courts of First Instance went on strike, until further notice, to demand Among other complaints, they expressed th persistent discriminatory disparity of salaries prosecutors, their deputies, and the judges. On 7 March, the National Association of Haitian Clerks (ANAGH) joined the strike. Investigations into human rights violations committed by police officers BINUH continued to support the General Inspectorate of the Haitian National Police (IGPNH) in investigating cases of human rights violations by police officers. During the period under review investigations were opened involving 4 investigations were concluded, resulting in seven dismissals and nine suspensions. This represents a significant decrease in cases closed by the IGPNH compared to the previous quarter sent to judicial authorities for criminal prosecution concerns about the legality of the , which does not provide for an appeal against the On 7 March, eight newly appointed judges to the Court of Cassation . The Court of Cassation, which is ensures compliance of electoral and . It also serves as constitutional court by paralyzed since 16 February 2022, due to the expiration of the terms of six judges, including that of its vice president, who had been presiding over the court since its president's appointments should facilitate the s activities and area steptoward the c processes. within the justice system continued.On Collective of Haitian Magistrates” mainly on the Public Prosecutor’s Offices of the Courts of Appeal and Courts of First Instance went on strike, until further notice, to demand improved working conditions. hey expressed their dissatisfaction with “the of salaries” between the public the judges. On 7 March, the National Association of Haitian Clerks (ANAGH) joined the strike. rights violations committed by police officers BINUH continued to support the General Inspectorate of the Haitian in investigating cases of human rights During the period under review, 41 investigations were opened involving 48 police officers. Nine concluded, resulting in seven dismissals and nine This represents a significant decrease in cases closed by the previous quarter. Five out of the nine cases were sent to judicial authorities for criminal prosecution. II. Support to nationalinstitutions and civil society In the first quarter of 2023, the HRS continued to support national state institutions and civil society organizations to enhance the protection of human rights by national actors. Universal Periodic Review From 28 February to 1 March, the HRS supported the Inter Human Rights Committee (CIDP) in organizing a workshop National Human Rights Action Plan. This plan, December 2019, outlines the priorities and actions Government to implement its international obligations and commitments in the field of human rights. The revision of this Action Plan is part of the recommendations made in Haiti's U Review (UPR), which took place on 31 January 2022 review, 205 recommendations were approved by Haiti Fight against impunity On 23 January, the first assembly of judges of the Port Tribunal of First Instance took place with technical and logistical support from the HRS and international partners. During the assembly, the adopted measures to expedite correctional, criminal hearings, and committed to prioritizing emblematic serious human rights abuses and violations. Campaign against sexual violence To enhance civil society capacities to prevent and respond to violence, an awareness raising campaign was organized metropolitan area of Port-au-Prince through local human rights associations, and civil society and community-based organizations. of the activities carried out within the framework of this campaign took place in January and included the participation of more than from La Saline National High School, located in Lower De initiatives aimed at at-risk populations were also implemented 5 https://www.ohchr.org/en/hr-bodies/upr/ht-index 6 and civil society he HRS continued to support national state institutions and civil society organizations to enhance the protection of March, the HRS supported the Inter-ministerial a workshop to revise the National Human Rights Action Plan. This plan, initially drafted in priorities and actions of the Haitian its international obligations and fulfill its ights. The revision of this Action Haiti's Universal Periodic January 2022 5 . During this by Haiti. udges of the Port-au-Prince took place with technical and logistical support During the assembly, the judges expedite correctional, criminal, and special mblematic cases involving prevent and respond to sexual organized across the through local human rights based organizations. One within the framework of this campaign took more than 100 students in Lower Delmas. Similar also implemented in the neighborhood of Sarthe (Cité Soleil), as well as in the neighborhoods of Lilavois and Meyer (Croix-des-Bouquets) Visit by the High Commissioner for Human Rights From 8 to 10 February, the United Nations High Commissioner for Human Rights conducted his first official visit to Haiti he met with senior Government officials, civil society and the international community stated that measures to re-establish security will need to focus on accountability, prevention, and protection. Furthe must be kept on the international agenda international community to support the strengthening of the Haitian National Police, including through the urgent limited support force under conditions consistent with human rights norms and standards. He added that these measures must be accompanied by a rapid and sustainable re institutions in gang-free zones, as well as a profound reform of the judicial and penitentiary systems 6 . 6 https://www.ohchr.org/en/statements/2023/02/un volker-turk-concludes-his-official-visit-haiti Recommendations:  To the International Community:k agenda and urgently consider the deployment of a time specialized support force under conditions that conform with human rights norms and standards.  To the Government of Haiti:with the region, combat the smuggling and uncontrolled flow of illicit arms and ammunition, to curb gang violence  To the Government of Haiti: with Community, support the judicial system particularly by establishing specialized judicial task forcesto fight crimes, including those involving sexual violence  To the Government of Haiti:with the Community, restore social services and projects areas under gang control. , as well as in the neighborhoods of Bouquets). Visit by the High Commissioner for Human Rights 8 to 10 February, the United Nations High Commissioner for Human Rights conducted his first official visit to Haiti. During his visit, officials, as well as representatives of the international community. At the end of his visit, he establish security will need to focus on accountability, prevention, and protection. Further, he stressed that Haiti must be kept on the international agenda and encouraged the to support the strengthening of the Haitian through the urgent deployment of a time- limited support force under conditions consistent with human rights . He added that these measures must be pid and sustainable re-establishment of State free zones, as well as a profound reform of the https://www.ohchr.org/en/statements/2023/02/un-high-commissioner-human-rights- keep Haiti on the international urgently consider the deployment of a time-bound specialized support force under conditions that conform with human ith the support of the countries in the region, combat the smuggling and uncontrolled flow of illicit arms to curb gang violence. with the support of the International support the judicial system particularly by establishing sto fight against corruption and mass crimes, including those involving sexual violence. with the support of the International estore social services and projects, particularly in 0 5 10 15 20 25 30 10/1/22 Number of Victims (30-day moving average) 80.29% 16.89% 2.82% , Men Women Children 7 10/1/22 11/1/22 12/1/22 1/1/23 2/1/23 3/1/23 Victims of killings, injuries and kidnappings in Q4 2022 and Q1 2023 , 382 354 393 395 Injuries Kidnapped People killed, injuredand kidnapped Quarter 4, 2022 Quarter 1, 2023 541 846Killed kidnapped