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

 

EXECUTIVE SUMMARY AND INTRODUCTION

 

 

1.                  The Inter-American Commission on Human Rights (hereinafter the "IACHR", the "Commission" or the "Inter-American Commission") has monitored the general human rights situation in Haiti for over forty years. For much of this period, the people of Haiti have faced many hardships, including deep-rooted poverty, political instability, violence and serious human rights abuses, with devastating consequences for the country’s social, political and economic development.  The purpose of this report is to highlight the alarming situation of violence and discrimination against women, who constitute more than half of the Haitian population, as a fundamental human rights issue. 

 

2.                  This report provides an assessment of the situation of discrimination and violence against women in Haiti and the current legislative, institutional and judicial response to these problems. The conclusions and recommendations offered in this report are based on an examination of the general human rights situation in the Republic of Haiti, and the particular effects of recent events in the country on the rights of women. Furthermore, they are based on the international human rights commitments undertaken by the Haitian State, including the rights and obligations under the American Convention on Human Rights (hereinafter "American Convention"), and in particular, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (hereinafter "Convention of Belém do Pará").  The Commission hopes that the findings and recommendations in this report will assist the present government in the process of identifying appropriate and effective solutions to the structural and complex problems of violence and discrimination against women in Haitian society pursuant to its international human rights obligations.  

 

3.                  The ratification by the Haitian State of international instruments such as the Convention of Belém do Pará and the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter "CEDAW") reflects an acknowledgement of its responsibility to exercise due diligence and undertake state actions to effectively address forms of discrimination and violence against women. As such, the State of Haiti has committed itself to exercise due diligence to prevent, punish and eradicate acts of discrimination and violence against women, regardless of whether the perpetrators are State or non-state actors. This duty obligates the Haitian State to adequately organize its state structure and institutional apparatus to respond to these problems in every sector, including justice, health and education, and to modify legal and customary practices which sustain the persistence and tolerance of acts of discrimination and violence against women.  The obligations enshrined in these instruments are binding, regardless of changes in government, and reach beyond traditional security measures designed to ensure citizen security and eradicate violent crime in general.

 

4.                  The Commission has received information confirming that the rate of violence against women and girls, in all its forms, has notably and steadily increased during the past three years, exacerbated by the rise of poverty across the country, the wealth gap, the proliferation of arms, the prevalence of violent crime, the lack of adequate crime prevention measures, and the absence of effective accountability mechanisms in the country. For example, the service organization Kay Famn reported 133 cases of rape between September 1998 and April 2004,[1] while solely in 2006 it recorded 118 cases of rape, 78 of which were against girls and 40 against women.[2] Furthermore, from the 118 rape cases recorded, 34 were gang rapes.  Women and girls have suffered brutal acts of sexual violence, frequently accompanied by beatings and physical mutilation, forms of cruel treatment, and psychological and physical abuse at the hands of illegal armed groups and gangs.  Information available from service-providers indicates that approximately half of the rape victims are girls below the age of 18, and that cases of gang rape and multiple acts of sexual violence against the same victim over time have increasingly been documented in the poorest neighborhoods.[3]  A variety of State and non-state sources have confirmed that rape is employed by members of illegal armed groups and gangs as part of a strategy to gain and retain power and control over the victim and her community.

 

5.                  Both State and non-state sources[4] confirmed that the prevalence of violent activity in certain sectors of the metropolitan area, mostly perpetrated by different kinds of armed groups, has particularly affected women and girls. On this issue, the Commission received consistent reports from a variety of sources, including civil society, the United Nations and the Ministry of Women’s Condition and Women’s Rights (hereinafter the "Ministry of Women") on the increase in rapes since 2004 perpetrated by armed groups or gangs.[5]  For example, since its opening in Haiti in 2004, Doctors without Borders has treated 6,400 victims of violence, including nearly 3,000 suffering from gunshot wounds, approximately 1,600 who had been stabbed, 700 beaten, 500 raped and 500 victims of intra-family violence. Further, in June 2007 the organization increased its capacity to treat victims of sexual violence in the capital and had already treated 220 victims of sexual violence between July 2006 and June 2007.[6]   State and non-state sources also informed the Commission of forms of abuse against women and girls, including torture and murder. The armed violence that predominated in Port-au-Prince in recent years aggravated the problem of violence against women, resulting in record numbers of casualties and a number of particularly shocking acts that sparked public demonstrations and a demand for greater State action to grant protection to women victims of violence.[7] 

 

6.                  The public security situation in Haiti since early 2007 has improved, as the political situation in the country has stabilized since February 2006, marked by presidential elections and the inauguration of the Rene Preval government. Cases of kidnappings and murder have diminished and the police has apprehended a number of notorious criminal suspects. Furthermore, the justice system has exerted special efforts despite scarce resources to hold more frequent criminal hearings and trials, having resulted in a number of prosecutions for serious crimes. In addition, plans for social and economic development are underway. While such signs of progress are encouraging, the Commission continues to receive reports of physical, sexual and psychological violence and discriminatory acts towards women in Haiti.

 

7.                  The Commission wishes to highlight in this report that the current dire situation of women is a result of the historical discrimination and inferior treatment they have faced because of their sex, compared to their male counterparts. The Commission has received information confirming that forms of discrimination against women have been a fixture in the history of Haiti, both in times of peace and in times of unrest and violence. The tolerance of discrimination has in turn fueled brutal acts of violence and abuse towards women on a regular basis. This situation is aggravated in times of political unrest.  It is important to highlight that in Haiti, even during periods where the political and armed violence has subsided, discriminatory beliefs towards women still predominate, which in turn enables and promotes the repetition of violent acts.  Discrimination has been and still is a widespread and tolerated phenomenon in Haitian society, based on social conceptions of the inferiority and subordination of women that remain ingrained in the culture, which have resulted in women having a disadvantaged position in the economic, education, health, justice, labor and decision-making sectors.  The failures in these sectors particularly affect women in Haiti; while discrimination against women is yet to be recognized as a serious human rights violation.    

 

8.                  Acts of violence against women are an especially extreme and grave manifestation of the discriminatory treatment women still receive in Haitian society.  Discrimination and the resulting acts of violence continue to be tolerated in Haitian society, which in turn perpetuates a climate of impunity towards these acts and their repetition.  The Commission observes with particular concern that discrimination against women is a constant and structural feature in Haitian society and culture, both in times of peace and unrest. Accordingly, such discrimination must be addressed in order to ensure the full protection of women’s rights and to achieve the eradication of the problem of violence against women in Haiti. Furthermore, and according to international and regional human rights standards, the due diligence obligation of the States to prevent, punish and eradicate violence against women is reinforced when minors are involved. Girls are particularly at risk of human rights violations on the basis of two factors – their sex and their age.    

 

9.                  For as long as the Commission has been evaluating the human rights situation in Haiti, fundamental deficiencies in the Haitian justice system have been identified among the matters of greatest concern. In this trend, the Commission notes with particular concern that most cases of violence against women are never formally investigated, prosecuted and punished by the justice system. This pattern of systematic impunity sends the message that forms of violence and discrimination against women will be tolerated. The prevalence of discrimination against women in Haitian society constitutes an additional barrier for women victims of violence to access justice.

 

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

 

11.              The Commission recognizes a number of recent and specialized State initiatives, particularly launched by the Ministry of Women, to provide greater protection and services to women victims of violence.  Some steps adopted to address this situation display an understanding of the gravity of the existing problems and the commitment of the State and non-state sectors to consider the specific needs of women in public policies designed to prevent, punish and eradicate acts of discrimination and violence against women. The Commission reiterates its commitment to collaborate with the Haitian State in the search for solutions to the problems identified.

 

12.              The Commission furthermore observes that the State is still not adequately responding to the prevalence of acts of violence and discrimination against women, particularly in the justice, police and health sectors, and is not allocating needed resources to provide the medical and legal services required by victims.  The Commission hopes that the findings and recommendations in this report will assist the present government in the process of identifying appropriate and effective solutions to the structural and complex problems of discrimination and violence against women in Haitian society pursuant to its international human rights obligations.

 

13.              This report is divided into three sections. First, the report describes the historical and current socio-political context in Haiti and its particular impact on women. Second, the report analyzes the forms of discrimination that women still face in Haiti and the link between these and acts of violence against women, followed by a detailed analysis of the forms of violence women suffer in various settings.  Third, the report sets forth the international human rights and domestic legal framework relating to the rights of women and girls, followed by the measures adopted by Haiti to comply with its international obligations.  It also outlines women’s access to remedies and the challenges in the current legislative, public policy and institutional framework to address violence and discrimination against women. Based on this analysis, the Commission then issues a series of recommendations designed to assist the State in complying with its human rights obligations.

 

14.              The recommendations in this report are geared towards the design of a national State policy that takes into account the existing forms of violence and discrimination against women, during times of peace and political unrest, in order to advance in the diagnosis, prevention and response to these problems and the incorporation of the specific needs of women in the public agenda.  The Commission emphasizes the importance of adopting a multi-disciplinary and inter-sectoral approach to these problems, which seeks to integrate gender equality norms in all sectors of government. The recommendations furthermore call on the Haitian State to adopt urgent measures to eradicate discriminatory socio-cultural patterns based on the concept that women are inferior, as well as to take account of the problem of discrimination and the structural inequalities women experience in the development of public policies with the overall objective of addressing acts of violence perpetrated against women and girls in Haiti.  Some of the general recommendations to the State include:

 

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

 

·              To adopt public policies and programs intended to challenge and change the negative stereotypes 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 feature training programs and comprehensive prevention initiatives.

 

·              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.

 

·              To adopt legislation that adequately protects women and girls from acts of gender-based 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.

 

·              To review all norms, practices and public policies that create differences in treatment based on gender or that can have discriminatory effects with respect to women by the legislative, executive and judicial branches of the Haitian State in order to bring them in conformity with regional obligations.

 

·              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 live free from violence and discrimination.

 

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

 

·              To provide women victims of violence 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.

 

15.          The Commission wishes to acknowledge the valuable contribution and commitment of the Government of France, which has provided financial support to enable the Commission to maintain an active presence in Haiti in the area of human rights protection and promotion. The report also benefited from the support of the Government of Finland for the work of the Commission’s Special Rapporteurship on the Rights of Women. Furthermore, the Commission wishes to thank both the Government of France and the Government of Finland specifically for their financial support in the preparation and publication of this report.

 

Preparation of the Report

 

16.              The analysis in the present report is based on numerous sources of information. This includes data gathered during visits made to Haiti between 2004-2007,[8] information presented during the general hearings before the
Commission,
[9] prior reports of the Commission on Haiti, and the situation of women, respectively,[10] and other publicly-available sources of information, including reports and other documents issued by international organizations such as the United Nations,[11] government institutions,[12] and domestic non-governmental organizations.[13]

 

17.              In the period covered by this report, the Commission conducted two on-site visits to Haiti from April 18 through 22, 2005 and from April 16 through 20, 2007, by invitation of the Haitian Government. The purpose of the 2005 visit was to examine the situation of the administration of justice in Haiti, the public security situation and its impact on the enjoyment of the fundamental rights of Haitians. Pursuant to this visit, the Commission published its findings and recommendations on the situation in the country in its report, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community. During the visit, the

Commission received alarming reports from a variety of sources with respect to the effects of armed violence on the situation of women and children, thus, this report included initial findings on the experience of women and girls.

 

18.              Given the numerous reports of cases of violence against women received during 2005 and 2006, the Commission organized an on-site visit in April 2007 to examine the specific human rights situation of women in Haiti, given the vulnerability and the corresponding special protection required for these groups, as well as the specific impact of armed violence on women. In anticipation of the Commission’s visit, the staff of the Executive Secretariat conducted a preliminary fact-finding mission to the Republic of Haiti from December 11 through 15, 2006 to collect information on the situation of women in Haiti and the particular effects of the urban conflict on this group. During the visit, the delegation met with officials of the government, namely the Ministry of Women, the Director General at the Ministry of Justice, the Chief of Cabinet to the Director General of the Haitian National Police (hereinafter "HNP" or "Haitian National Police"), the Inspector General of the HNP, the HNP Chief on Women’s Affairs, and justice officials, including the Public Prosecutor in Port-au-Prince. The delegation also observed conditions in the Petionville prison facility for women and girls.  Even though the Commission received information during the visits about the prevalence of sexual violence and discrimination against women and girls within recent years, the focus of this report is on the situation of women in general.  The Commission expects to undertake new and similar investigations and to prepare future reports about the particular and specific situation of girls and boys.

 

19.              Additionally, during the December 2006 fact-finding mission, the delegation received valuable information from a number of Haitian human rights organizations and victims of violence living in affected communities.[14]  Due to a sudden spike in the level of violence in the country during December 2006, (the delegation’s visit in Haiti coincided with the mass kidnapping of a school bus of approximately 10 to 12 children and several other kidnappings, including those of one other child and a former senator),[15] the delegation decided to cancel two of the scheduled meetings for security reasons, namely, a meeting with children living in Carrefour Feuilles, an area of town known to be dangerous and largely under the control of armed gangs, and a visit to a free health clinic, APROSIFA, servicing the population in the same part of town.

 

20.              For the April 2007 visit of the Commission to Haiti, the delegation was led by the Rapporteur for Haiti, Commissioner Sir Clare K. Roberts and included staff members of the Executive Secretariat and of the Special Rapporteurship on the Rights of Women of the Commission. During the visit, the IACHR delegation met with the President, the Prime Minister, the President of the Supreme Court, the Minister of Justice, the Minister of Women’s Condition and Women’s Rights, the Minister of Social Affairs, the Secretary of State for Public Security, the Secretary of State for Justice, the Director General of the Haitian National Police, the Inspector General of the HNP, the Justices at the Court for Minors and the Ombudsman (Office du Protecteur du Citoyen).[16]

 

21.              The Commission also met with members of Haitian civil society organizations, women’s rights advocates, women’s rights organizations and children’s groups.[17]  Additionally, the Commission received information from representatives of international human rights and humanitarian organizations such as the International Crisis Group, IFES-Victims of Violence project, PLAN International-Haiti, International Service Volunteers Association (AVSI-Italy), UNICEF, and MINUSTAH, including the Special Representative to the Secretary-General, the Gender Advisor to the Special Representative to the Secretary-General, the Chief of the Human Rights section and the Chief of the Justice section.

 

22.              The Commission would like to express its gratitude for the cooperation and support provided by the State of Haiti, non-governmental organizations, civil society institutions and international agencies in the preparation of the visits in 2005, 2006 and 2007. The Commission also wishes to express its gratitude to the Ministry of Women for its full collaboration with the information-gathering process, as well as its demonstrated will and commitment to design a plan of action and use available resources towards its prompt implementation to address the problems identified. Further, the Commission notes the positive example of inter-sectoral cooperation between key ministries, notably the Ministry of Justice, the Ministry of Public Health, and the Ministry of Social Affairs, in collaboration with the Ministry of Women to design a multi-disciplinary and comprehensive solution to the problem of violence against women. Finally, the Commission would like to especially thank the victims and victim’s groups for their valuable contributions throughout this process and wishes to recognize their courage, despite the risks and difficult circumstances in which they live, to come forward and share their experiences with the Commission.

23.              The draft Report The Right of Women in Haiti to be Free from Violence and Discrimination was approved by the Commission on October 29, 2008. In accordance with Article 58, of the Commission’s Rules of Procedure, this Report was transmitted to the Government of Haiti on November 18, 2008 with a request that it submit the observations and comments deemed pertinent within a period of one month. On February 4, 2009, the Secretariat received the State’s observations by mail, through note dated January 19, 2009.  These observations were reviewed by the IACHR and incorporated where pertinent into the final version of the present report. The Commission approved the final version of the report on March 10, 2009.

 

I.          SOCIO-POLITICAL CONTEXT IN HAITI AND ITS IMPACT ON WOMEN

 

24.              The nature of the social, political, and economic context in Haiti, as previously observed by the Commission, has historically affected the full enjoyment of the fundamental rights of all Haitians, including women.[18] The history of Haiti has been characterized by deep-rooted poverty, political instability and violence with devastating consequences for the country’s social, political and economic development.  The Commission stated in its 2005 report on the administration of justice in Haiti that Haiti is one of the most troubled countries of the world.[19]  The country has been consistently plagued by the weak and often corrupt successive governments, the recurrent seize and preservation of power through violence and political repression, the underdevelopment of the infrastructure of the country’s national and local governments, a weak rule of law and a fragile economic foundation. [20]  The Commission has also observed how the Haitian people suffer from the worst living standards in the Hemisphere and are systematically deprived of basic needs in the spheres of nutrition, medical care, shelter, employment and education. [21]

 

25.              Moreover, the Commission has noted the near total absence of state presence in several areas of the capital city and throughout the country, in the form of civil authorities, police officers, courts, schools and medical facilities. [22]  This has resulted in the inability of the State to protect the life and physical integrity of its inhabitants, and still contributes to the rise in criminality, the proliferation of armed gangs, the drug and arms trade and the corruption of key State institutions such as the police and the judiciary. [23]  The main consequences of this context are an acute rise in the level of violence in the country, the increasingly gruesome and life threatening abuses involving physical mutilation and kidnapping of the victims, and a persistent and increasingly more widespread and entrenched impunity for human rights abuses and crimes. [24]

 

26.              During the period covered in this report (between the 2004-2006) Haiti experienced a phase of political instability, marked by mounting discontent and acts of violence by armed groups leading to the forced departure of former President Aristide in February 2004. This event was followed by a two-year mandated transitional government and the subsequent organization of presidential and legislative elections in 2006. This transitional period was largely characterized by increased insecurity and frequent acts of violence by armed gangs, the lack of effective control by the Haitian police and by international forces over certain sectors of the capital city, and finally, the lack of adequate institutional resources and capacity to function properly, especially, the existence of endemic weaknesses in the administration of justice. During that time, the Commission documented numerous violations such as kidnappings, murders, rape, and acts of intimidation by armed gangs. Armed confrontations between rival gangs or between security forces and suspected criminals were also frequent.[25]

 

27.              Acts of violence progressively became a daily occurrence, while at the same time the nature of the violence became increasingly inhumane, accompanied by the physical and sexual abuse of women and young girls, the targeting of children for kidnapping, acts of cruel treatment or torture of the victims and the forced recruitment of children into armed gangs.[26] This situation affected the daily lives of Haitians, including the significant paralysis of economic activities.  Businesses and schools were forced to close in downtown Port-au-Prince during the height of kidnappings.[27] In the areas called ‘zone de non-droit’ -areas under the authority of armed gangs and with no effective State presence- many public and private institutions were forced to suspend their activities. At the same time, victims faced numerous challenges to access medical facilities, which had devastating life-threatening consequences.

 

28.              Since the inauguration of President Preval’s administration in 2006, the government has devised plans for development, reform and institution strengthening. Additionally, since early 2007, acts of gang violence, kidnapping, murder and rape have decreased, and the Haitian and international security forces have apprehended a number of criminal suspects and appear to have regained control over Port-au-Prince. Despite a modest budget and the scarce resources allocated to the justice sector, the judiciary has made renewed efforts to hold criminal trials more frequently in 2007.  This has resulted in a number of criminal prosecutions and convictions. However, the number of cases of violence against women tried and convicted remains significantly low, with only a handful of cases successfully prosecuted in 2007.[28]

 

29.              Over the past several years, the Commission has documented conditions of extreme poverty, high illiteracy and severe and widespread malnutrition, which has prevented Haitians from fully exercising their economic, social and cultural rights. Limited access to free public education and employment opportunities are longstanding features of the Haitian social and economic context, which perpetuate precarious living conditions for most Haitians. The majority of the Haitian population lacks access to basic social services including public health, housing, education, and economic opportunities. An estimated 80% of the national population lives below the poverty line (living on less than US$1 per day) and more than two-thirds of the labor force work in the informal sector of the economy.

 

30.              The Commission received figures for 2007 indicating that Haitians’ access to basic medical and health services, shelter, food, and potable water still remain primary concerns. According to the Pan-American Health Organization, “Haiti has the highest infant and maternal mortality rate, the worst degree of malnutrition and the worst AIDS situation in the Americas”.[29]

 

31.              In the realm of health, the World Health Organization has identified Haiti as the country with the poorest health-related indicators in the Americas.[30]  Also the HIV infection rate is the highest in Latin America, with the infection rate for women being higher than the infection rate for men (4.1 v. 3.5). [31]  Forty percent of the population has no real access to basic health care, and more than half of the population has no access to medicine. Nearly half of Haiti’s health services are concentrated in the capital, thereby forcing the majority of the rural population to rely on traditional medicine.[32]  Furthermore, for every 10,000 inhabitants there is an average of 2.5 physicians and one quarter of the children suffers from chronic malnutrition. According to the United Nations Population Fund (hereinafter "UNFPA") the infant mortality rate was recorded at 57 per 1,000 live births.[33] Life expectancy is estimated at 52 years of age for men and 53 years of age for women.[34] The poor quality of health services and working conditions are issues that have been raised on a number of occasions by staff at the General Hospital in Port-au-Prince, who have organized numerous work stoppages to alert authorities of these problems. Such work stoppages have further endangered the lives of persons receiving medical treatment at this facility.

 

32.              The combination of violence and extreme poverty in the urban setting further exacerbates the limited access to medical services in Port-au-Prince.[35] For example, during 2005, Medecins Sans Frontiers reportedly provided emergency medical assistance to more than 7,000 people, of which approximately 2,500 were direct victims of violence.[36] The lack of proximity and accessibility of public health facilities severely increases the risk of loss of life amongst victims of armed violence. Overall, several factors caused a critical humanitarian situation, as a consequence of the rise in violent crime on a massive scale, the incapacity of the State to adequately respond to these acts in a prompt and effective manner, and the inability of the public to access basic services. This resulted in a record number of casualties caused by acts of armed violence and led to the establishment of new facilities to provide medical and psychosocial services to victims of violence in affected communities.[37]

 

33.              The political, economic and social features of the Haitian context have a dire impact on the exercise of women’s rights.  While aspects of the general situation in Haiti affect most Haitians, the information gathered shows that Haitian women have historically experienced additional barriers to the full enjoyment of their basic rights due to predominant social beliefs that they are inferior to men and a historical pattern of discrimination and violence against them based on their sex. The Commission observes with concern that Haitian women still bear the burden of inequalities in the protection of their civil, political, economic and social rights as compared to their male counterparts, including greater exposure to human rights violations and discriminatory acts, the absence of their specific needs from the public agenda, limited opportunities to contribute and participate in the economic and social development of their societies, dire levels of poverty and brutal acts of violence.

 

II.        FORMS OF DISCRIMINATION AND VIOLENCE AGAINST WOMEN IN HAITI

 

A.           The Problem of Violence against Women as a Cause and Consequence of Discrimination

 

34.              During its visits, the Commission received information confirming that discrimination against women has been and still is a widespread and tolerated phenomenon in Haitian society.  Women in Haiti continue to enjoy a disadvantaged and unequal position, as compared to their male counterparts, in the economic, education, health, justice, labor and decision-making sectors. Furthermore, the Commission is particularly concerned with the avid link between the forms of discrimination that women still face in Haiti and the alarming prevalence of violence against women.

 

35.              Discrimination against women in Haiti mostly results from social and popular conceptions, in the form of stereotypes, that women are inferior to men and therefore are only fit to perform certain social roles, which are also the most socially undervalued.  These conceptions remain ingrained in Haitian culture and fuel social practices that are discriminatory towards women in the family and public spheres. For example, during the visits, the Commission received information from a number of sectors confirming that women are still the sex largely expected to care for the children and perform household duties because of their biological difference and reproductive capacity, which severely limits women’s opportunities to work outside of the home.  In turn, the activities that women perform in the context of the family are not socially valued equally as the work performed outside of the home.  The Commission has expressed in the past its concern over this type of social assignment of roles to women because it promotes their inferior social treatment. 

 

36.              For example, in the María Eugenia Morales de Sierra case,[38] the Commission found violations to the American Convention when provisions of the Guatemalan Civil Code that concerned the relationship between husbands and wives divided responsibilities between them according to socially constructed roles:  husbands were responsible for financially supporting the home, while wives were responsible for taking care of the home and the children.  The Commission found that “far from ensuring the ‘equality of rights and adequate balancing of responsibilities’ within marriage,” these provisions institutionalized imbalances in the rights and duties of the spouses.[39]  The Commission concluded that the disputed articles of the Civil Code:

 

[h]ave a continuous and direct effect on the victim in this case, in contravening her right to equal protection and to be free from discrimination, in failing to provide protections to ensure that her rights and responsibilities in marriage are equal to and balanced with those of her spouse, and in failing to uphold her right to respect for her dignity and private life.[40] 

 

37.              The Commission found that the provisions of the Civil Code applied stereotyped notions of the roles of women and men, which perpetuated discrimination against women in the family context.[41]  It therefore concluded that the use of “stereotyped notions of the roles of women and men” is not a suitable factor to guarantee the equality of men and women and their equal rights and responsibilities.  Article 6 of the Convention of Belém do Pará furthermore provides that the right of every woman to be free from violence includes the right to be free from all forms of discrimination and the right of women to be valued and educated free of stereotyped patterns of behavior and social and cultural practices based on concepts of inferiority and subordination.

 

38.              With respect to Haiti, information available indicates, that compared to their male counterparts, women have historically been underrepresented in decision-making positions in the Executive, Legislative, and Judiciary; their work has been undervalued and underpaid; they have faced scarce professional opportunities and their work has often been confined to the domestic sphere; they have experienced limited access to educational opportunities at all levels; they have had an unequal access to the health, education and justice services; and they have received an unequal treatment within their families.

 

39.              In its plan of action, the Ministry of Women documents existing systemic inequalities between men and women in Haitian society in the labor, education, health and political sectors.[42]  In the labor sphere, the Ministry of Women observes how Haitian women hold an important position in the Haitian economy, but to assess their contribution is challenging because of the “invisible nature” of their work.[43]  Women still constitute a majority in the domestic labor sphere, as it is considered an extension of their traditional role in the home.  The work of women is usually relegated to the informal sector of the economy, which does not grant stability or standard labor protections or to professions with the lowest salaries and those considered "feminine".[44] Their salaries are lower than those of men and their professional and economic opportunities are scarce. [45]    

 

40.              Several sources confirmed during the Commission’s visits that women are underrepresented in political parties and in decision-making structures, and that a gender perspective is typically missing from public policies and programs.[46] The Association for Women Judges communicated to the delegation that women are underrepresented in the Legislative and in the justice system in general. For example, it has been 17 years since a woman has held the post of Supreme Court judge. They also confirmed that women judges are disrespected, mistreated and relegated to less important matters and that male judges are favored over women in the assignment of important cases and in consideration for promotions. Furthermore, even though women and male judges may receive the same salaries, female judges do not enjoy the same growth opportunities at work as their male counterparts.

 

41.              In the realm of education, a number of sectors, including the Ministry of Social Affairs, confirmed during the April 2007 visit that, due to the historical discrimination women have faced in Haitian society, education levels of the female population are lower than those of the male population. For example, parents with limited means invest in the education of their male children instead of that of their female children based on the expectation that girls will financially depend on men in the future. The Ministry of Women also notes that young girls enter the education system later than boys and have a higher dropout rate, due to domestic responsibilities and teenage pregnancies.[47] This results in women having a higher illiteracy rate than men. The Ministry of Women also reports that the school curriculum reproduces stereotypes of women as inferior to men.[48]  In the family sphere, civil society organizations and service-providers, such as Kay Famn, communicated to the delegation that women have been historically and exclusively tasked with maternal and childrearing responsibilities, which has exposed them to an inferior treatment within the family.

 

42.              Some of the main problems faced by women due to their disadvantaged social position are the lack of access to information on the reproductive health and family planning services available and a low rate of contraceptive use (measured at 13.2% by the Ministry of Women).[49] Furthermore, the United Nations Development Fund for Women (hereinafter "UNIFEM") has concluded, based on United Nations Development Programme (hereinafter “UNDP”) data, that between 80 to 90% of Haitian women live at least 15 kilometers away from a health-care centre and therefore have limited access to contraceptives, pre-natal checks or post-natal care.[50] 

 

43.              For the Commission, it is particularly alarming how the discrimination women have historically faced in Haitian society still exposes them to brutal acts of physical, sexual, and psychological abuse in the public and private spheres.  The civil society and services organization SOFA has described the link between the problem of discrimination and violence against women in Haiti as follows:

 

The declarations of violence-against-women victims who have sought our services between July and December of 2006, in the different centers, show one more time, that violence against women is the direct consequence of a discriminatory and unequal society developed within a patriarchal system.  The laws, institutions, structures, and the mentalities resulting from such regime violate the fundamental liberties and rights of women and girls because they are not recognized as full rights holders.  Discrimination, social exclusion and female paupérisation are the cause of that systemic violence. [IACHR’s Translation][51]

 

44.              In its jurisprudence, the Commission has established the link between the obligation of the States to guarantee the equal treatment of women in their societies and the eradication of violence against women.[52]  Furthermore, the Commission has repeatedly found that violence against women is a manifestation of social customs and practices, which relegate women to a position of subordination and inequality and consequently places them in a disadvantaged position, compared to their male counterparts.[53] 

 

45.              Violence against women has been a historical fixture in Haitian society because of the discrimination they have always faced. Following a visit to Haiti, the United Nations Special Rapporteur on violence against women, its causes and consequences (hereinafter "United Nations Rapporteur on violence against women") expressed that most interviewees described Haitian society as "inherently and structurally violent"; a society in which violence against women manifests itself in all of its forms, with one State interlocutor indicating that 90% of Haitian women have experienced gender-based violence in their lives.[54]  This context has been perpetuated by existing legislation, which includes language and provisions that limit the rights of women and fail to guarantee their equal protection under the law from acts of sexual violence. More recently, on November 25, 2006, in commemoration of the International Day against Violence against Women, the Prime Minister of Haiti claimed that “violence against women is an alarming human rights violation, which originates in the discriminatory nature of the society, and which in its laws, education schemes and prejudices, dictates social patterns of inequality detrimental to young girls and women”.[55]

 

46.              Violence against women in Haiti has furthermore notably increased during instances of political instability and unrest, especially since the 1990’s. In 1995, the Commission reported that since the coup d'état against President Jean-Bertrand Aristide, the illegal de facto regime committed numerous human rights abuses against the civilian population, particularly since mid-1993, following the failure of the Governors Island Agreement. The Commission also reported that women of varying ages and circumstances had been raped with the objective of creating a “climate of terror” among Aristide supporters.[56] Accordingly, the Commission was informed of the systemic use of rape and other types of violence against women and children by a variety of perpetrators including members of the army, the police, their armed civilian auxiliaries and paramilitary groups, among others.[57] The Commission described the use of rape as “neither random, nor occasional, but widespread, open and routine”. [58]

 

47.              In this backdrop and context, discrimination and the resulting acts of violence continue to be tolerated in Haitian society which in turn perpetuates a climate of impunity towards these acts and their repetition.  Discrimination is a constant and structural feature in Haitian society and culture, both in times of peace and unrest, and, as such, needs to be addressed in order to ensure the full protection of women’s rights and to achieve the eradication of the problem of violence against women.     

 

B.                  Violence against Women in Different Settings

 

48.              Since 2004, the rate of violence against women, in all its forms, has remained alarmingly high.  The figures reveal a steady increase over the past three years, exacerbated by the rise in poverty across the country, the wealth gap, the proliferation of arms, the prevalence of violent crime, the lack of adequate crime prevention measures, and the absence of effective accountability mechanisms in the country.[59] The nature of the violations has grown progressively more brutal, resulting in women being subjected to multiple forms of violence at once, including acts of rape, cruel treatment, and psychological and physical torture.

 

49.              The Commission has observed that the incidence of violence against women has mirrored the increase in criminal violence in Port-au-Prince.  Cases of child rape, gang rape, and multiple acts of sexual violence against the same victim over time have increasingly been documented in the poorest neighborhoods. Daily acts of violence against women and the State’s failure to ensure justice for the victims perpetuate a situation of widespread impunity. The UN Secretary-General acknowledged the urgent situation of girls subjected to systematic acts of rape and sexual violence, and found that up to 50% of girls living in conflict zones such as Cité Soleil are victims of rape or sexual violence, while in other affected areas, such as Martissant, acts of gang rape have been reported.[60]

 

50.              The lack of an official, national data collection and recording system makes it difficult to obtain comprehensive statistics on incidents and cases of violence against women. However, a study from the Table de Concertation Nationale[61] confirms the high percentage of sexual violence in Haiti. The study documented 600 cases of sexual violence between 2002 and July 2005 which were recorded by GHESKIO (a medical center exclusively servicing women victims of violence in Port-au-Prince).[62] Meanwhile, this same organization reported 17 cases of rape in 2003 and 49 during 2004.[63] These figures were higher for 2006. In particular, GHESKIO reported receiving approximately 10 rape cases per day during the month of November 2006.[64] The report concluded that almost half of the recorded rape victims were minors (under 18 years old); the time delay for seeking medical assistance after rape tended to exceed 72 hours; and, that the majority of cases of sexual violence were perpetrated by men against single women.

 

51.              Figures for 2006 and 2007 indicate that these acts are being perpetrated with more frequency, and are often accompanied by other abuses such as beatings and physical mutilation. The civil society and services organization SOFA recorded 396 cases of violence against women and young girls nationally for the second semester of 2006 (July through December), and a total of 726 cases for the whole

year.
[65] The civil society and services organization Kay Fanm, recorded 954 cases of violence against women for the year 2006.[66]  For the first semester of 2007, Kay Fanm reports 573 cases in which they provided legal assistance to women, 305 of which resulted in criminal complaints by the victims with the assistance of Kay Fanm.[67] Most of the recorded cases by SOFA were documented in gang ridden sections of Port-au-Prince, such as Martissant. The organizations indicated that the data is based on reported abuses, but clarified that the actual number of cases is likely much higher since many incidents go unreported. Additionally, international agencies, such as UNDP, reported widespread violence against “restavek” or domestic workers,[68] the majority of which are young girls.[69]

 

52.              The Commission also received information about the prevalence of intra-family violence.  The United Nations Independent Expert for Haiti reported in 2006 that in 85% of the cases of interpersonal violence, women were the victims, while 88% of the aggressors were men.[70]  However, the Commission observed that intra-family violence does not have the same level of visibility as other forms of violence given the social taboo linked to this issue. 

 

53.              The Commission received information on three main forms of violence against women in Haiti: physical, sexual, and psychological; and the contexts in which they occur: urban, institutional and intra-family or domestic.  As explained earlier, all forms of violence against women constitute extreme manifestations of discrimination against women and are rooted in an underlying perception of women’s inferiority in society reflected at all levels, both in the private and public spheres.
 

1.         Urban Violence

 

54.              The nature of the violence, commonly referred to in Haiti as ‘violence urbaine’, is the term used to characterize the recent phenomenon of violent crime, gang violence and organized crime that has particularly affected Port-au-Prince residents and has become a priority issue for the Government of Haiti.[71]  This crime wave has been characterized by frequent gang conflicts in numerous parts of the city, often involving gun battles between rival groups or between these groups and members of the HNP or UN forces undertaking security operations.[72]

 

55.              In this connection, unidentified armed groups or gangs were reported to constitute the primary perpetrators of violence against women in the urban setting. Reports indicate that perpetrators of violent crime in the metropolitan area have frequently targeted women, as a means to impose an atmosphere of fear and intimidation, thereby exerting power and control over the victim and targeted communities.  Figures show that the majority of women in Haiti have been victims of urban violence.[73]  Reports confirm that women and girls have been wounded or killed by gunfire, beaten, raped, tortured, psychologically abused or otherwise physically or sexually exploited by their aggressors. According to service providers, the largest number of recorded cases of violence against women in the urban setting results from gunshot wounds and beatings.

 

56.              The practice of engaging in violence against women by armed groups as a strategy to acquire political power in Haiti and other countries is well documented.[74]  While in the past armed group activity was strictly linked to political objectives, in recent years armed groups have increasingly engaged in violent activity purely for criminal purposes (organized crime), such as competition between groups for power and control over certain sectors of the city. The Commission received information that rape in Haiti has become a regular and consistent practice perpetrated by armed groups affecting women of all categories, not limited by age or socioeconomic class.[75]

 

57.              The Commission noted that, between 2004 and 2006, sexual violence emerged as one of the predominant forms of violence against women, frequently causing serious physical injuries and long-term effects on the victim’s physical and mental health, and social stigmatization. The organization Medecins Sans Frontieres recorded having treated 557 women for rape between January 2005 and August 2007 and indicated that 68% of this total figure had more than one attacker, and about 6% of this total number had experienced rape in the context of having been kidnapped.[76] Further, Medecins Sans Frontieres reported, that in 2006 on average of 19 rape victims per month were received by its health centers, while in 2007 it registered on average of 26 per month.[77]

 

58.              The kidnapping phenomenon, which until recently was unprecedented in Haiti’s history, became systematic and widespread in Port-au-Prince during 2005-2006.[78]  Also during this period, the Commission received numerous reports that kidnappers were increasingly targeting women, with the intent to claim higher ransoms. The Commission was able to verify that rape of female victims of kidnapping had become a systematic practice by the aggressors. There have been cases in which the victim has been killed and her body found mutilated, suggesting acts of possible cruel treatment or torture.[79] Thus, rape has been increasingly employed by several armed groups, particularly gangs and criminals, as part of a strategy to gain and retain power and control over the victim and her community.[80]

 

59.              The Commission notes with concern a growing number of reports of gang rape, which in some cases, has been used as an instrument of punishment or repression by armed groups, especially against girls, which are largely perceived to be more susceptible targets, or women who are seen to be socially deviant, promiscuous, rebellious or who refuse consensual sex.[81]

 

60.              Women victims of violence share similar characteristics and conditions which make them relatively more susceptible to violence. For example, the majority of sexual violence cases are carried out against single women; nearly half of rape victims are women who are 18 years old or younger;[82] and in most cases, the women are the heads of households, living in extremely poor economic conditions and inhabiting the poorest neighborhoods in the city called “quartiers populaires,” several of which are over-run by armed gangs.[83] Figures recorded since 2005 indicate 85% of the victims of violence registered in health centers are women.[84] 

 

61.              The Table de Concertation Nationale study confirms the high percentage of gang rapes (accounting for 41-49% of the cases documented by GHEISKO and KAY FAMN) and considers the rate of rape cases committed by strangers with the use of firearms "alarming." The report confirms that acts of gang rape constitute the majority of cases of violence against women recorded between October 2004 and September 2005.[85] Moreover, increasingly gang rape is perpetrated during kidnappings and attacks on private homes by criminals. As such, women are increasingly vulnerable to multiple violations perpetrated at once.

 

62.              Testimonies from the victims and social worker accounts confirm that certain women have been forcibly recruited by armed groups or otherwise forced to provide a number of services for the armed groups, including sexual services. Women are further expected to engage in criminal activities and/or to serve as accomplices to criminal acts, such as serving as negotiators for kidnapped victims and providing meals and care for gang members and their kidnapped victims.[86] In these cases, women have been subjected to systematic abuse by their captors and risk serious physical harm or death if they attempt to escape. Similarly, women and young girls residing in gang ridden communities risk being raped (or gang raped) as a form of punishment for their refusal to have sex with a gang leader or member. [87]

 

63.              Few acts of violence against women are reported to the authorities due to various barriers, including the lack of public security in parts of the city where violent crime predominates, fear of reprisal attacks by the perpetrators, and the victims’ lack of confidence in the justice system’s ability to provide an effective remedy. In most cases, women reside in the same neighborhoods as their aggressors and are aware that they may be the targets of retaliation for filing a complaint with the authorities. Further, rape carries with it a strong social stigma that can result in the rejection of the victim by her partner, family and community.[88]

 

2.         Institutional Violence (in administration of justice institutions)

 

64.              Acts of violence against women perpetrated by State agents and/or within State institutions is a form of violence that has not been widely documented in Haiti. This form of violence continues to be a hidden issue, which frequently goes unreported. The Commission received information during its visits indicating that women and girls are victims of physical and sexual abuse at the time of arrest and during periods of detention in police station holding cells. This section highlights the information received by the Commission on acts of violence against women in institutional settings and the existing barriers to reporting these acts to the authorities.

 

65.              In December 2006, the IACHR’s delegation obtained information from prison authorities stating that they had received female detainees (delivered by police authorities from police stations) who had been physically abused and beaten, presumably by police authorities during the time of arrest or detention. In this connection, in October 2007, a similar case was reported in which a prison guard in the prison of Cap-Haitian allegedly raped and beat the wife of a male detainee while she was at the facility to deliver food to her husband. The victim required hospitalization for her injuries.[89]

 

66.              Witness accounts and reports from human rights observers indicate that abuse of women while in detention in the police station cells is frequent but rarely reported. Victims are particularly disinclined to report violations perpetrated by security forces or prison guards for several reasons. Victims are usually in the custody of those who are perpetrating the abuse, for example, acts of violence have reportedly taken place at the time of arrest or during periods of detention in police stations or prison facilities. In many cases, there is no evidence of the crime because the sexual abuses are committed in isolated locations and with no witnesses.[90]

 

67.              In this context, women have no access to a safe and secure complaint mechanism to report the abuse. While the office of the Inspector General of the Police is charged with investigating acts of misconduct by police officers, this office does not have representation in or near metropolitan police stations or in the ten administrative departments of the country. According to the Inspector General, regular inspection visits are part of the strategy to enforce proper police conduct, but due to a lack of resources and personnel, these visits are infrequent.

 

68.              In situations where victims have the opportunity to file a formal complaint with the authorities (for example, after they have been released from custody), additional factors cause victims to refrain from reporting the abuse. For example, there is a general and widespread lack of public confidence in the administration of justice in Haiti, the reputation of the police and the judiciary has been seriously tarnished over the years, due to the prevalence of corruption in both institutions and the inefficacy of these institutions with respect to their capacity to bring perpetrators to justice.

 

69.              For most Haitians, the police and/or the justice system does not present an effective solution to their problems and most victims are disinclined to rely on these institutions to provide a prompt and effective response. In this connection, State agents in Haiti have very rarely been prosecuted and convicted for human rights violations or acts of violence against women. Furthermore, in some cases, victims and their families have been targeted by their perpetrators for filing a complaint against them, and have been subjected to additional harm. Also, the society’s discriminatory views towards women and the tendency not to take women’s complaints of violence seriously are additional deterrents to pursuing a legal claim.  In some cases their allegations are trivialized, doubted or questioned. Many victims and service providers, especially civil society organizations working with women victims of violence, confirmed the widespread discrimination women face by police and judicial authorities when seeking legal redress from the State.[91]

 

70.              The Commission therefore considers it important that the State adopts measures to improve the monitoring and enforcement of State agents in institutional settings. Special attention and resources should be allocated to improving the complaint mechanisms for victims of institutional violence and State agents must be sensitized and trained on the handling of complaints relating to violence against women. In particular, the Inspector General’s Office should explore the possibility of improving access to the mechanism by affected populations, and/or explore the options for other State entities, such as the office of the Ombudsman (Office du Protecteur du Citoyen), to play a more active role in protecting human rights and appropriately channeling and addressing complaints. Finally, a review of current policies, procedures and codes of conduct in the police and prison administrations is recommended and appropriate amendments suggested in order to eradicate violence against women within State institutions and to ensure proper follow-up by the justice system.

 

3.         Intra-family Violence

 

71.              Intra-family violence is another form of violence against women that is extremely prevalent in Haitian society, although it frequently goes unreported.[92] The U.N. Independent Expert on Haiti reported that “[i]n 85 per cent of cases of interpersonal violence, women are involved… [and] taking all forms of violence together, women are the victims in 85 per cent of cases, and men the aggressors in 88.8 per cent.”[93] Intra-family violence remains largely a hidden issue that is tolerated within the private sphere and ignored by the State. During its visit to Haiti, the Commission met with victims of intra-family violence and members of organizations providing specialized services for women victims of violence, who confirmed that violence in the domestic sphere is common and widespread, but that women rarely report acts of violence unless they result in serious physical injury, unwanted pregnancies or other conditions that would require medical attention.

72.              The Ministry of Women recently released a study on intra-family violence, according to which “30% of Haitian women are victims of physical, emotional and sexual violence from their spouses”.[94] The Commission received information from civil society organizations that reported that 68% of victims of physical violence between 2003 and 2005 received services for claims of intra-family violence.[95] The Commission also received data from other organizations, which reported that 59% of victims of violence were victims of intimate partner violence.[96] The latter group, SOFA, which comprises various centers for victims of intra-family violence located in the West, South East, Artibonite and Grande-Anse Departments in Haiti, has reported that in the first semester of 2006, 75% of women treated were victims of intimate partner violence and 2% were victims of violence perpetrated by a relative.[97]

 

73.              These figures reveal that out of a total of 330 victims of violence received by these centers, 246 were victims of intimate partner violence; the highest percentage (38%) being physical violence.[98]

 

74.              Various sources confirm that the majority of women who have been subjected to intra-family violence do not report these incidents to the authorities, due to various reasons, including the probability of facing ostracism and reprisals from their aggressors, the lack of trust that the judicial system can offer an effective remedy for these acts, and the apathy shown by police and law enforcement authorities when the victims report these acts.[99] Furthermore, one of the main barriers to the eradication of intra-family violence is the social perception of this matter as private.[100]

 

75.              The organization Kay Fanm informed the Commission that the police perceives intra-family violence cases as less important when compared to cases involving other forms of violence. On this point, the current provision on rape in the Haitian criminal code does not specifically include marital rape, and no specialized law on domestic violence or gender-based violence currently exists in Haiti. [101] Despite these challenges, SOFA has reported that, for the first semester of 2006, women have begun to report marital rape.[102] However, since acts of intra-family violence against women are tolerated in Haitian society they rarely result in the prosecution and the conviction of the perpetrators, which in turn perpetuates impunity and the repetition of these acts.   

 

76.              Given the lack of information about this form of violence, the fact that many victims are still afraid to report such violations due to social taboos and the fear of reprisals, the State must adopt legislative, institutional and policy measures, as stipulated in the Convention of Belém do Pará, specifically designed to prevent, prosecute and punish acts of intra-family violence. The State should also provide adequate and specialized services for victims of intra-family violence. In particular, State efforts are needed to sensitize and educate the public on intra-family violence as a form of violence punished under national and international law.

 

4.         Perception of Violence against Women

 

77.              Given the prevalence of violence against women reported by service groups over the past three years,[103] the Commission is particularly concerned with what social workers and service groups have described as the ‘banalisation de la violence dans la société’, or the social tolerance of violence against women.  The Commission observes that the entire society has been adversely affected by this phenomenon of urban or criminal violence, causing the population to be predominantly ruled by fear and intimidation. This context has resulted in tolerance and passivity in the face of acts of violence against women. Service providers and victims groups specified that the notion of passive acceptance is most common in affected, poor communities where acts of violence have been most frequent, gang activity has predominated, and State action to prevent or punish such acts has been largely ineffective.

 

78.              Violence against women is perpetuated by persisting discriminatory attitudes and practices towards the victims. One factor contributing to a general sentiment of tolerance towards acts of violence against women is a lack of awareness and recognition that violence against women constitutes a human rights violation triggering a duty by the State to take action in preventing such abuses. Further, victims and persons living in the most affected communities have not received justice for most of the abuses or violations suffered over the years. This is contributing to the climate of impunity and a sentiment of tolerance toward the situation by the general population. To date, violence against women has largely been trivialized in terms of its public recognition and treatment, in comparison to other human rights issues.

 

79.              A contributing factor to the culture of silence surrounding acts of violence against women, such as sexual violence, is the social stigma in Haitian society associated with these incidents.  A woman or girl who is sexually abused is perceived to have had her dignity tarnished, rather than being regarded as a victim of a human rights violation.  A woman who has been sexually abused is often blamed for the abuse and runs the risk of being ostracized from her community and abandoned by her family.   The failure to recognize these abuses as human rights violations denies the victims the right to a remedy and frequently leads to repeated victimization in the long-term. Social workers attribute the persistence of rape and physical abuse in the domestic setting to a culture of silence, in society and by the State. 

 

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[1] UN, Economic and Social Council, COMMISSION ON HUMAN RIGHTS, Sixty-first session, Item 19 of the provisional agenda, E/CN.4/2005/123, 24 January 2005, Advisory Services and Technical Cooperation in the Field of Human Rights: Situation of human rights in Haiti Report prepared by the independent expert, Louis Joinet, para. 16, available at http://www.ohchr.org/EN/countries/LACRegion/Pages/HTIndex.aspx.

[2] Kay Fanm, Violence envers les Femmes et les Filles, Bilan de l’Année 2006, p. 18.

[3] UN, Economic and Social Council, COMMISSION ON HUMAN RIGHTS, Sixty-first session, Item 19 of the provisional agenda, E/CN.4/2005/123, 24 January 2005, Advisory Services and Technical Cooperation in the Field of Human Rights: Situation of human rights in Haiti Report prepared by the independent expert, Louis Joinet, para. 16, available at http://www.ohchr.org/EN/countries/LACRegion/Pages/HTIndex.aspx

[4] Due to resource constraints, the State is limited in its capacity to provide official comprehensive figures for the phenomenon of violence against women.  Nevertheless, the Commission received data from service-providers in Haiti that aim to address the needs of victims of violence against women, including those that are members of the Table de Concertation Nationale contre la Violence Faites Aux Femmes.  The Table de Concertation Nationale  includes several service organizations that collect data on women victims of violence treated per year.  

[5] Preliminary Observations of the Inter-American Commission on Human Rights upon conclusion of its April 2007 Visit to Haiti (2 March 2008); see also, U.N. Report of the Secretary General on Children and Armed Conflict. (A/61/529- S/2006/826) 26 October 2006.

[6] Doctors Without Border’s Fact Sheet on Haiti, last updated 2007, available at www.doctorswithoutborders.org/news/country .cfm?id=2323.

[7] Kidnapping and murder of Natasha Farah Dessources (20 years old), body found mutilated; See Radio Kiskeya, «Arrestation d’un adolescent de 15 ans pour implication présumée dans l’assassinat de la jeune Farah Natacha Kerby Dessources (20 ans), en novembre 2006 à Port-au-Prince», MINUSTAH Newsletter of January 14, 2008; RNDDH, «Port-au-Prince inflicted with Terror ,” Press release of December 6, 2006; Radio Kiskeya, «Hystérie collective aux funérailles de Farah Natacha Dessources, une suppliciée du kidnapping,” November 25, 2006; see also Panos Caraïbes, «Viol en Haïti:État des lieux accablants, le défi de contrecarrer le fléau,” No. 15, Février 2007, p. 4: « Les femmes violentées sont en outre soumises à des sévices corporels les plus cruels, à savoir: assassinat, matrices perforées, yeux crevés, blessures graves.”

[8] See IACHR Press Release No. 19/04 “IACHR Completes Visit to Haiti” (September 7, 2004) available at http://www.cidh.org/Comunicados/English/2004/19.04.htm; see also IACHR Press Release No. 16/05 “IACHR Calls for More International Action in Haiti” (April 22, 2005) also available at: http://www.cidh.org/Comunicados/English/2005/16.05eng.htm; see also IACHR Press Release No. 20/05 “IACHR Releases Preliminary Observations on its April 2005 Visit to Haiti (June 6, 2005) also available at http://www.cidh.org/Comunicados/English/2005/20.05.htm; see also IACHR Press Release No. 37/05 “IACHR and UNICEF Regional and Caribbean Office Conclude Visit to Haiti” (November 5, 2005), available at: http://www.cidh.org/Comunicados/ English/2005/37.05eng.htm; see also IACHR Press Release No. 24/07 “IACHR Encouraged by Efforts to Improve the Situation of Human Rights in Haiti” (April 20, 2007) available at: http://www.cidh.org/Comunicados/English/2007/24.07eng.htm; see also IACHR Press Release No. 32/07 “Rapporteur on Persons Deprived of Liberty Concludes Visit to Haiti” (June 21, 2007) available at: http://www.cidh.org/Comunicados/English/2007/32.07eng.htm.

[9] See IACHR Press Release No. 4/04 “Press Release on Haiti by IACHR” (February 26, 2004) also available at: http://www.cidh.org/Comunicados/English/2004/4.04.htm; see also IACHR Press Release No. 7/04 “IACHR Insists on Respect for Human Rights during Haiti’s Crisis” (March 11, 2004) also available at: http://www.cidh.org/Comunicados/English/2004/7.04.htm; see also IACHR Press Release No. 22/04 “IACHR Expresses Concern over Situation in Haiti during 121st Regular Period of Sessions” (October 28, 2004) also available at: http://www.cidh.org/ Comunicados/English/2004/22.04.htm; see also IACHR Press Release No.35/05 “IACHR Reports on Human Rights Situation at Conclusion of its Session” (October 28, 2005) also available at: http://www.cidh.org/Comunicados/English/2005/35.05eng.htm; see also IACHR Press Release No.37/06 “IACHR Observes Progress and Challenges in Respect for Human Rights in the Americas” (October 27, 2006) also available at: http://www.cidh.org/Comunicados/English/ 2006/37.06eng.htm.

[10] See IACHR Press Release No. 6/06 “Haiti: Failed Justice or the Rule of Law? IACHR Releases Report on Administration of Justice in Haiti” (March 16, 2006) also available at: http://www.cidh.org/countryrep/HAITI%20ENGLISH7X10%20FINAL.pdf; see also IACHR Report  “Access to Justice for Women Victims of Violence in the Americas” (OEA/Ser. L/V//II) Doc. 68 (20 January 2007) available at : http://www.cidh.org/women/Access07/tocaccess.htm; see also IACHR Report “Violence and Discrimination against Women in the Armed Conflict in Colombia” (OEA/Ser.L/V//II) Doc. 67 (October 16, 2006) also available at: http://www.cidh.org/countryrep/ ColombiaMujeres06eng/TOC.htm; see also IACHR Press Release No. 14/06 “IACHR Expresses Concern for the Human Rights Situation in Haiti” (May 2, 2006) also available at: http://www.cidh.org/Comunicados/English/2006/14.06eng.htm.

[11] Wiza Loutis, «Evaluation de la situation des femmes dans le cadre de la violence armée en Haïti (Commune de Port-au-Prince, des Cayes et des Gonaives ,” Section conjointe DDR-PNUD/MINUSTAH, June 2006; Radhika Coomaraswamy, «Integration of the Human Rights of Women and the Gender Perspective: Violence against Women/Report on the Mission to Haiti», E/CN.4/2000/68/Add.3, January 27, 2000. 

[12] Office de la Protection du Citoyen (OPC), «Rapport de fin de mission 10 Février au 10 Aout 2005», UPDF (Aout 2005) and «Rapport d’activité dans le cadre de l’observation des cas de violence faite aux femmes» (Décembre 2006); Ministry of Women, « Plan National de Lutte contre les violences faites aux femmes ,” CNVF, (November 2005) and «Prise en charge et accompagnement des victimes de violence sexuelle» (March 2005).

[13] Reports from Haitian human rights and civil society organizations during 2004-2007, including the Episcopal Commission on Justice and Peace (JILAP), the Réseau National pour les Droits des Haitiens (RNDDH); Solidarité des Femmes Haitiennes (SOFA).

[14] Interviews by IACHR delegation with representatives of Solidarité des Femmes Haitiennes (SOFA); APROSIFA; GHESKIOU; Kay Fanm; Enfofanm; Anne Sosin; CONOCS/MOFECS; AVSI; IFES-Victims of Violence Program; and women and children victims of violence.

[15] UN News Centre, “Recent wave of Haitian kidnappings sparks alarm from UN peacekeeping mission,” December 20, 2006, available at: http://www.un.org/apps/news/ story.asp?NewsID=21063&Cr=haiti&Cr1=; see also Jacobs, Stevenson, “Haitian Senator Escapes after Kidnapping,” December 16, 2006, available at: http://www.washingtonpost.com/.

[16] The Commission met with representatives of the Haitian Government, members of civil society and representatives of international organizations. The Commission met with the President of the Republic of Haiti, His Excellency René Préval, the Prime Minister, His Excellency Jacques Edouard Alexis, the Minister of Foreign Affairs, Jean Renald Clerisme, the Minister of Justice and Public Security, Rene Magloire, the Minister of Social Affairs and Labor, Gerald Germain, the Minister of the Status of Women and Women’s Rights, Marie Laurence Josselyne Lassegue, the President (a.i.) of the Supreme Court, Mr. George Moise, the Secretary of State for Justice, Mr. Daniel Jean, the Secretary of State for Public Security, Mr. Luc Eucher Joseph, the General Director of the National Police, Mr. Mario Andresol, the State Prosecutor for Port-au-Prince, Mr. Claudy Gassant, the Special Representative for the UN Secretary-General, Mr. Edouard Mulet, the Gender Advisor to the UN SRSG, MINUSTAH, the Chief of the Justice section, MINUSTAH, the Chief of the Human Rights section, MINUSTAH, the Police Chief Marie Louise Gautier, the National Coordinator of Women’s Affairs of the Haitian National Police, the Police Chief of the Children’s Division and members of Haitian human rights and women’s rights organizations.

[17] The Commission met with representatives of: Solidarité des Femmes Haitiennes (SOFA); APROSIFA; Kay Fanm; Enfofanm; Anne Sosin; Movement des Femmes a Cité Soleil (MOFECS); Association des Femmes Juges; Enfofanm; COHADDE; Danielle Magloire.

[18] See IACHR, Annual Report 2004, Chapter IV: Haiti, available at http://www.cidh.org/annualrep/2004eng/chap.4b.htm, para. 140; see also IACHR, Annual Report 2005, Chapter IV: Haiti, available at http://www.cidh.org/annualrep/2005eng/chap.4c.htm, paras. 242-243; see also IACHR, Annual Report 2006, Chapter IV: Haiti, available at http://www.cidh.org/annualrep/2006eng/Chap.4c.htm, para. 125. 

[19] IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser./L/V/II.123 doc. 6 rev. 1, 26 October 2006, para. 5.

[20] IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser./L/V/II.123 doc. 6 rev. 1, 26 October 2006, para. 5.

[21] IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser./L/V/II.123 doc. 6 rev. 1, 26 October 2006, para. 5.

[22] IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser./L/V/II.123 doc. 6 rev. 1, 26 October 2006, para. 5.

[23] IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser./L/V/II.123 doc. 6 rev. 1, 26 October 2006, para. 5.

[24] IACHR, Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser./L/V/II.123 doc. 6 rev. 1, 26 October 2006, para. 5.

[25] See IACHR, Annual Report 2006, Chapter IV: Haiti, available at http://www.cidh.org/annualrep/2006eng/Chap.4c.htm.

[26] See IACHR, Annual Report 2006, Chapter IV: Haiti, available at http://www.cidh.org/annualrep/2006eng/Chap.4c.htm.

[27] The IACHR delegation in which travelled to Haiti in the December 2006 visit was informed of a mass kidnapping of schoolchildren, which led to the early closing of schools in Haiti.

[28] This may also be influenced by the changes introduced by the July 2005 Decree, according to which rape is now punished with forced labor penalties (which in practice translates into prison sentences), as opposed to the previous ‘sanction’ of ‘reclusion’. However, out of 41 cases of rape that were reported in the first semester of 2007, there was only one conviction. See Kay Fanm, “Dossiers de Kay Fanm devant les tribunaux”, Note d’information, August 13, 2007.

[29] The Haiti Crisis: Health Risks available at: http://www.paho.org/English/DD/PED/HaitiHealthImpact.htm (HIV prevalence ranges from 2-11.9% of the population); see also The Challenge of Haiti, Health: A Right for All, Pan American Health Organization report, available at: http://www.paho.org/english/d/csu/TheChallengeofHaiti.pdf.

[30] World Health Organization, Haiti, available at: http://www.who.int/countries/hti/en/.

[31] UNFPA, State of the World Population 2007.

[32] UNFPA, State of the World Population 2007.

[33] UNFPA, State of the World Population 2007.

[34] UNFPA, State of the World Population 2007.

[35] Interview with ICRC representative, Haiti On-Site Visit, April 2005. 

[36] See MSF News from Haiti: Last Operational Update 2006, available at: www.doctorswithoutborders.org/news/haiti.htm; see also “Treating Sexual Violence in Haiti: Interview with Olivia Gayraud, MSF Head of Mission in Port-au-Prince,” (October 30, 2007), available at: http://www.doctorswithoutborders.org/news/voices/2007/10-30-2007.cfm

[37] In response to the humanitarian situation as a result of the level of urban violence and loss of civilian life, the ICRC, the organization Doctors without Borders (Medecins Sans Frontieres) and the IFES-Victims of Violence project were some of the organizations that developed special services to treat victims of urban violence during 2004-2006. See also, MSF News from Haiti: Last Operational Update 2006, available at: www.doctorswithoutborders.org/news/haiti.htm and MSF News Update: Caught in Haiti’s Crossfire (April 2005), available at www.doctorswithoutborders.org/news/2005/04-01-2005.htm.

[38] IACHR, Merits, Report No. 4/01, Maria Eugenia Morales de Sierra (Guatemala), January 19, 2001.

[39] IACHR, Merits, Report No. 4/01, Maria Eugenia Morales de Sierra (Guatemala), January 19, 2001, para. 44.

[40] IACHR, Merits, Report No. 4/01, Maria Eugenia Morales de Sierra (Guatemala), January 19, 2001, para. 52.

[41] IACHR, Merits, Report No. 4/01, Maria Eugenia Morales de Sierra (Guatemala), January 19, 2001, para. 44.

[42] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[43] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[44] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[45] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[46] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[47] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[48] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[49] Ministère de la Condition Féminine, Plan d’Action Ministériel, August 2006.

[50] UNIFEM, The Impact of Crisis on Haitian Women: Report of Fact-Finding Mission to Haiti, January 2006, p. 16.

[51] SOFA, Cas de Violence Accueillis et Accompagnés Dans les Centres Douvanjou de la SOFA de Juillet à Décembre 2006, January 2007.

[52] IACHR, Merits, Report No. 4/01, María Eugenia Morales de Sierra (Guatemala), January 19, 2001; IACHR, Merits, Report No. 54/01, Maria Da Penha Fernandes (Brazil), April 16, 2001.

[53] See also IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser.L/V.II.Doc. 68, 20 January 2007, section on Violence and Discrimination, p. 26.

[54] Data provided by the Minister of Social Affairs and Labor in Haiti, cited in United Nations, Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, Report on the Mission to Haiti, E/CN.4/2000/68/Add. 3, 27 January 2000, paras. 10 – 11.

[55] Message by the Prime Minister on November 25, commemorating the anniversary of the International Day against Violence against Women [IACHR’s Translation].

[56] IACHR, Report on the Situation of Human Rights in Haiti, OEA/Ser.L/v/II.88 Doc. 10 rev., February 9, 1995.

[57] IACHR, Report on the Situation of Human Rights in Haiti, OEA/Ser.L/v/II.88 Doc. 10 rev., February 9, 1995.

            [58] IACHR, Report on the Situation of Human Rights in Haiti, OEA/Ser.L/v/II.88 Doc. 10 rev., February 9, 1995.

[59] See U.N. Report of the Secretary-General, “Children and Armed Conflict“, (A/61/529- S/2006/826), October 26, 2006.

[60] See Report of the UN Secretary-General to the Security Council, “Children and Armed Conflict”, A/61/529- S/2006/826, 26 October 2006, 61st session, para. 39.

[61] The “Table de Concertation Nationale Contre la Violence Faites aux Femmes,” consists of a group of government institutions (the Ministry of Justice and the Ministry of Health), service groups and civil society organizations -some with broad geographical representation- formed to provide specialized services to women victims of violence, conduct research and data collection on national figures of violence and discrimination against women, and to engage in the promotion of gender equality and women’s rights, especially women’s health and access to justice. See Table de Concertation Nationale contre les violences faites aux femmes, “Prise en charge et accompagnement des victimes de violences sexuelles: formation du personnel soignant,” Livret de formation, MCFDC/MSPP, March 2005.

[62] See Table de Concertation Nationale sur la Violence Spécifique Faites aux Femmes et leur Prise en Charge, Rapport de la Commission de Collecte de Données (November 2005), p. 2. It is important to note that absent a comprehensive, national recording system for acts of violence generally, and women specifically; the statistics listed here may not fully represent the true dimension of the prevalence of violence against women in Haiti.

[63] UN, Economic and Social Council, Commission on Human Rights, Sixty-first session, Item 19 of the provisional agenda, E/CN.4/2005/123, 24 January 2005, Advisory Services and Technical Cooperation in the Field of Human Rights: Situation of human rights in Haiti Report prepared by the independent expert, Louis Joinet, para 16, available at: http://www.ohchr.org/EN/countries/LACRegion/Pages/HTIndex.aspx.

[64] See World Aids Day, “In Haiti, Gender Can Mean Life or Death,” Amy Bracken. IPS, November 30, 2006.

[65] SOFA, Cas de Violence Accueillis et Accompagnés Dans les Centres Douvanjou de la SOFA de Juillet à Décembre 2006, January 2007; Alter Presse, Haïti: La SOFA recense 396 cas de violence contre des femmes et filles de 3 a 65 ans, dans 21 centres locaux, en 6 mois, February 27, 2007.

[66] Kay Fanm, Violence envers les Femmes et les Filles, Bilan de l’Année 2006, p. 18.

[67] This also resulted in 101 civil lawsuits in cases of alimony, children’s custody and legal separation. Kay Fanm, “Dossiers de Kay Fanm devant les tribunaux”, Note d’information, August 13, 2007.

[68] UNDP, Situation Économique et Sociale d’Haitï en 2005, p. 21.

[69] In April of 2004, UNICEF estimated that 120,000 girls worked as domestic servants in Haiti while this figure increased to 225,000 in March 2006. See UN News Centre, “Street children, girl servants severely affected by Haitian violence – UNICEF”, April 19, 2004, available at: http://www.un.org/apps/news/story.asp?NewsID=10447&Cr=Haiti&Cr1; see also UNICEF, “Haïti: SOS enfants en danger!”, March 2006, No. 2, p. 3, available at: http://www.unicef.org/french/ childalert/haiti/content/Child%20Alert%20Haiti%20(Fr).pdf (« Un enfant sur dix à peu près est employé comme domestique ailleurs que dans sa famille. Les filles comptent pour 75 pour cent des 300 000 travailleurs surnommés restaveks »).

[70] UN, Economic and Social Council, Commission on Human Rights, Sixty-second session, Item 19 of the provisional agenda, E/CN.4/2006/115, 24 January 2006, Advisory Services and Technical Cooperation in the Field of Human Rights: Situation of human rights in Haiti Report prepared by the independent expert, Louis Joinet, paras. 13 and 14, available at  http://www.ohchr.org/EN/countries/LACRegion/Pages/HTIndex.aspx.

[71] Wooldy Edson Louidor, Alterpresse, « Haïti: Changement ou redéfinition de la politique générale du gouvernement ? » July 25, 2007, available at: http://www.alterpresse.org/ spip.php?article6241.

[72] See Doctors without Borders (MSF), “Treating Sexual Violence in Haiti: Interview with Olivia Gayraud, MSF Head of Mission in Port-au-Prince,” (October 30, 2007), available at: http://www.doctorswithoutborders.org/news/voices/2007/10-30-2007.cfm.

[73] “The Minister for Social Affairs and Labour …estimated that 90 percent of Haitian women were victims of violence; the situation was exacerbated by the still prevailing machismo culture.” United Nations, Integration of the Human Rights of Women and the Gender Perspective, Violence against Women, Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 1997/44, Addendum, Report on the mission to Haiti, E/CN.4/2000/68/Add.3, March 1, 2000.

[74] See IACHR, Violence and Discrimination against Women in the Armed Conflict in Colombia, OEA/Ser/L/V/II. 124/Doc. 6, October 18, 2006; see also, IACHR, Report on the situation of human rights in Haiti, OEA/Ser.L/v/II.88, Doc. 10, February 1995, section 3 B); see also Si’m Pa Rele, National Commission of Truth and Justice (Haiti) 1995; and “Women, sometimes in their own right, and sometimes because their husbands were suspected of supporting Aristide, were beaten, raped, and disappeared. The military (during 1991 coup d’état) instituted a reign of terror, practiced torture, forced boys to rape their mothers, and them themselves raped women and young girls. They also burned houses and rendered women and children homeless,” Marionne Benoit, National Coalition for Haitian Rights, “The Aftermath: Women in Post-war Reconstruction” conference, July 20-22, 1999, Johannesburg, South Africa.

[75] Interview by IACHR with Miriam Merlet, Chief of Cabinet, Ministry of Women, October 2006; Interview with a representative from AVSI, which is an international humanitarian NGO operating in Cité Soleil, December 2006; the division for minors of the Haitian National Police (HNP) reported an increase in the number of rapes committed against girls between the ages of 4 and 17 during the 2004-2006 period. It reported 23 complaints in 2004, 26 in 2005, 34 in 2006 and 12 in 2007.

[76] See Doctors without Borders (MSF), “Treating Sexual Violence in Haiti: Interview with Olivia Gayraud, MSF Head of Mission in Port-au-Prince,” (October 30, 2007), available at: http://www.doctorswithoutborders.org/news/voices/2007/10-30-2007.cfm.

[77] See Doctors without Borders (MSF), “Treating Sexual Violence in Haiti: Interview with Olivia Gayraud, MSF Head of Mission in Port-au-Prince,” (October 30, 2007), available at: http://www.doctorswithoutborders.org/news/voices/2007/10-30-2007.cfm.

[78] See IACHR, Annual Report 2004, Chapter IV: Haiti, available at: http://www.cidh.org/annualrep/2004eng/chap.4b.htm, para. 140; see also IACHR, Annual Report 2005, Chapter IV: Haiti, available at: http://www.cidh.org/annualrep/2005eng/chap.4c.htm, paras. 242, 243; see also IACHR, Annual Report 2006, Chapter IV: Haiti, available at: http://www.cidh.org/annualrep/2006eng/Chap.4c.htm, para. 125. 

[79] Radio Kiskeya, «Arrestation d’un adolescent de 15 ans pour implication présumée dans l’assassinat de la jeune Farah Natacha Kerby Dessources (20 ans), en novembre 2006 à Port-au-Prince», MINUSTAH Newsletter dated January 14, 2008; RNDDH, «Port-aux-Princes inflicted with Terror», Press release dated December 6, 2000; Radio Kiskeya, «Hystérie collective aux funérailles de Farah Natacha Dessources, une suppliciée du kidnapping,” November 25, 2006; see also Panos Caraïbes, «Viol en Haïti : État des lieux accablants, le défi de contrecarrer le fléau,” No. 15, February 2007, p. 4: «Les femmes violentées sont en outre soumises à des sévices corporels les plus cruels, à savoir: assassinat, matrices perforées, yeux crevés, blessures graves”.

[80] Wiza Loutis, «Evaluation de la situation des femmes dans le cadre de la violence armée en Haïti (Commune de Port-au-Prince, des Cayes et des Gonaives”, Section conjointe DDR-PNUD/MINUSTAH, June 2006, pp. 22, 28.

[81] Wiza, Loutis, «Evaluation de la situation des femmes dans le cadre de la violence armée en Haïti,” June 2006: «brigades de vigilance, brigades de quartier, groupes de bandits, Organisations Politiques, les vagabonds. (...) Les filles et les femmes sont les principales victimes de ces groupes dans la mesure où le viol individuel ou collectif ainsi que le racket des marchandes fonctionnent comme des moyens de contrôle de la communauté.”

[82] See Table de Concertation Nationale sur les Violences Spécifiques Faites aux Femmes et leur Prise en Charge: Rapport de la Commission de Collecte de Données (November 2005),
p. 11.

[83] During 2005-2006, Martissant and Carrefour Feuilles were overcome by violence, in addition to Cité Soleil, Bel Air and other areas of downtown. During the week of November 8-15, 2005, 29 cases of rape were recorded in Carrefour Feuilles alone.

[84] See Table de Concertation Nationale sur les Violences Spécifiques Faites aux Femmes et leur Prise en Charge: Rapport de la Commission de Collecte de Données (November 2005),
p. 11.

[85] See Table de Concertation Nationale sur les Violences Spécifiques Faites aux Femmes et leur Prise en Charge, Rapport de la Commission de Données (November 2005), p. 11.

[86] Wiza Loutis, «Evaluation de la situation des femmes dans le cadre de la violence armée en Haïti (Commune de Port-au-Prince, des Cayes et des Gonaives” Section conjointe DDR-PNUD/MINUSTAH, June 2006, p. 25.

[87] Interviews by IACHR with victims and victims’ service groups during the IACHR working visit (December 2006) and the IACHR On-Site Visit (April 2007).

[88] See “HIV in Haiti is spread by violence---and little is done to prevent the attacks,” Sarah Fort, The Center for Public Integrity, International Consortium for Investigative Journalists (“The stigma attached to rape means that its rarely reported. When it is, too often nothing is done. According to Anne Sosin, KOFAVIV, there has been only one successful prosecution of a rape case in Haiti in 2006”).

[89] Kay Fanm; Reports by Radio Kontak Inter 94.9 FM in Cap-Haitien, Haiti.

[90] For example, escorting the female detainee outside of the cell to a different part of the facility and returning her to the cell after having raped her. Interview with a detained woman, December 2006, Petionville Prison for Women and Girls.

[91] Interviews by IAHCR with women’s service providers Kay Fanm and SOFA (December 2006 and April 2007).

[92] UN, Economic and Social Council, Commission on Human Rights, Sixty-second session, Item 19 of the provisional agenda, E/CN.4/2006/115, 24 January 2006, Advisory Services and Technical Cooperation in the Field of Human Rights: Situation of human rights in Haiti Report prepared by the independent expert, Louis Joinet, para. 13, available http://www.ohchr.org/EN/ countries/LACRegion/Pages/HTIndex.aspx. (“In the absence of standardized data, the following statistics can only serve to indicate trends. They show a worsening in the situation, which is all the more disquieting in that the number of women raped who go to a medical-social centre, does not reflect the true situation, even though their numbers have increased slightly. Young girls and adolescents are involved in 79 per cent of cases, such instances being reported more readily than cases involving adults”).

[93] UN, Economic and Social Council, Commission on Human Rights, Sixty-second session, Item 19 of the provisional agenda, E/CN.4/2006/115, 24 January 2006, Advisory Services and Technical Cooperation in the Field of Human Rights: Situation of human rights in Haiti Report prepared by the independent expert, Louis Joinet, paras. 13-14, available at:  http://www.ohchr.org/EN/countries/LACRegion/Pages/HTIndex.aspx.

[94] “Une Réponse à la Violence Contre les Femmes. Rapport du Ministère de la Conditionne Féminine en collaboration avec UNIFEM-Haiti et le bureau d’Administration Technique, Formation et Administration (2007). 

[95] Table de Concertation Nationale sur les Violences Spécifiques Faites aux Femmes et leur Prise en Charge, Rapport de la Commission de Données (November 2005), p. 11.

[96] Table de Concertation Nationale sur les Violences Spécifiques Faites aux Femmes et leur Prise en Charge, Rapport de la Commission de Données (November 2005), pp. 9 and 11.

[97] «75% des femmes accueillies dans les Douvanjou (SOFA) sont victimes de violence conjugale», see Solidarité Fanm Ayisyen – SOFA, Rapport Bilan III : cas de violence accueillis et accompagnés dans les centres Douvanjou de la SOFA de Janvier à juin 2006, July 2006, p. 5.

[98]  SOFA, Rapport Bilan III : cas de violence accueillis et accompagnés dans les centres Douvanjou de la SOFA de Janvier à juin 2006, Juillet 2006, p. 7.

[99] These various sources include: Panos Institute of the Caribbean, April 17, 2006; Syfia International, February 3, 2006; SOFA, July 16, 2006; AlterPresse, December 26, 2005, among others, cited in UNHCR, «Haïti: information sur la violence conjugale, et notamment sur la protection, les services et les recours offerts aux femmes qui sont victimes de violence conjugale (2005-2006)” January 23, 2007, available at: http://www.unhcr.org/home/ RSDCOI/45f147452.html.

[100] Both government and non-government sources have assessed that domestic violence remains a silent issue due to the social dominant belief that it is a matter that falls within the private sphere, thus deterring women from reporting these acts of violence to the authorities.

[101] Article 279 of the Criminal Code of Haiti, 11 August 1835.

[102] UNHCR, «Haïti: information sur la violence conjugale, et notamment sur la protection, les services et les recours offerts aux femmes qui sont victimes de violence conjugale (2005-2006)” January 23, 2007, available at: http://www.unhcr.org/home/RSDCOI/45f147452.html.

[103] Gheskio (Groupe Haïtien d’Etude du Sarcome de Kaposi et des Infections Opportunistes, Haitian Group for the Study of Kaposi Sarcoma and Opportunist Infections), Sofa and Kay Fanm.