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#3581: Resolution on Haiti adopted at the UN Commission on Human Rights, April 26 from Mike Levy (fwd)




From: Mike <mlhaiti@cornernet.com>

Distr.
GENERAL
E/CN.4/RES/2000/78
27 April 2000

Original: ENGLISH


2000/78. Situation of human rights in Haiti

The Commission on Human Rights,
Guided by the principles embodied in the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights and other international human rights instruments, including the
Convention on the Elimination of All Forms of Discrimination against Women,
Reaffirming that all Member States have the obligation to promote human
rights and to fulfil the obligations they have undertaken under the various
international instruments in this field,
Recalling its resolution 1999/77 of 28 April 1999 and General Assembly
resolution 54/187 of 17 December 1999,
Having in mind the report of the Secretary-General on the situation of
democracy and human rights in Haiti (A/54/625), and the report of the
Secretary-General to the Security Council on the United Nations Civilian
Police Mission in Haiti (S/2000/150), and considering the statement by the
President of the Security Council of 15 March 2000 (S/PRST/2000/8),
Welcoming Economic and Social Council resolution 1999/11 of 27 July 1999 in
which the Council, inter alia, emphasized the need to establish the
necessary mechanisms to develop, on a priority basis, a long-term strategy
and programme of support for Haiti,
Recognizing the interdependence and the mutual reinforcement between
democracy, development and respect for human rights and fundamental
freedoms, and the commitment of the international community to supporting,
strengthening and promoting this principle,
Underlining its appreciation for the important contribution of the United
Nations Civilian Police Mission in Haiti and the International Civilian
Mission in Haiti,
Expressing its gratitude to all the countries that took part in the work of
the United Nations Civilian Police Mission in Haiti and the International
Civilian Mission in Haiti,
Recognizing the major contribution that the Truth and Justice Commission is
called upon to continue to play in strengthening the process of
democratization and establishing a climate of freedom and tolerance
conducive to respect for human rights in the country,
Noting the establishment of an International Civilian Support Mission in
Haiti with the mandate to promote and protect human rights, to reinforce the
institutional effectiveness of the police and judiciary, and to coordinate
the international community's dialogue with political and social actors in
Haiti,
Inviting the Organization of American States to pursue, as appropriate, its
cooperation with the United Nations in Haiti,
Recalling the statements by the Haitian authorities to the effect that the
Government of that country remains committed to upholding human rights, and
encourages further improvement,
Underlining the importance of a functioning parliament to the development of
democratic government, the rule of law and the advancement of political,
social and economic human rights to the benefit of all Haitians,
Expressing concern over recent acts of violence that negatively affect the
political evolution and the stability of the country, and at the security
problems faced by Haitian society, some of which are due to the difficult
social and economic conditions of that society, and which both account for
and result from the limitations of the judicial and police systems, as
indicated in the reports of the independent expert of the Commission on
Human Rights on the situation of human rights in Haiti,
Regretting the continuous unfortunate delays in the electoral process, in
spite of the expressed commitment of the Government, since March 1999, to
have as its principal goals the holding of early, free and fair elections,
Welcoming the visit to the country of the Special Rapporteur on violence
against women and taking note of her report,
Taking note of the announcement by the Provisional Electoral Council that
the first round of elections will take place on 21 May and the second round
on 25 June 2000, confirmed by presidential decree, and urging the
Government, in coordination with the Provisional Electoral Council, to
provide full financial, security and logistical support to ensure free,
fair, transparent and prompt elections,
1. Expresses its gratitude to the Secretary-General, his Special
Representative for Haiti and the independent expert of the Commission on
Human Rights on the situation of human rights in Haiti for their continuing
efforts in favour of the consolidation of democratic institutions in Haiti
and respect for human rights;
2. Commends the United Nations Civilian Police Mission in Haiti for its
successful training and mentoring assistance to the Haitian National Police,
as well as the efforts of the joint United Nations/Organization of American
States International Civilian Mission in Haiti in monitoring human rights
and promoting democratic reforms and assisting the Haitian authorities in
the area of institution-building;
3. Takes notes with interest of the report on the situation of human rights
in Haiti submitted to the General Assembly by the independent expert of the
Commission on Human Rights on the situation of human rights in Haiti
(A/54/366) and encourages active follow-up of the recommendations contained
therein;
4. Calls upon Haiti to ratify the International Covenant on Economic, Social
and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the Optional Protocols to the
International Covenant on Civil and Political Rights;
5. Insists on the importance, for combating impunity and for the realization
of a genuine and effective process of transition and national
reconciliation, of the investigations undertaken by the National Commission
for Truth and Justice, and once again strongly urges the Government of Haiti
to institute legal proceedings against perpetrators of human rights
violations identified by the National Commission and to create effective
facilities for providing support to the victims, in particular women,
children and members of their families, and in this specific context
reiterates the recommendations contained in the report of the independent
expert of the Commission on Human Rights on the situation of human rights in
Haiti;
6. Requests all interested Governments to make available to the Government
of Haiti information and documentation to enable it to prosecute the
perpetrators of human rights violations in order to facilitate the
reconciliation process;
7. Reiterates its concern over the lack of a functioning parliament and over
the lack of fully independent local government;
8. Regrets the continuing delay of the parliamentary elections foreseen
initially for 19 March 2000;
9. Strongly urges the Government of Haiti to enable the people of Haiti to
express their political will through scheduled elections in good conditions
of security, as soon as possible, and in this connection urgently calls upon
the Government of Haiti, in coordination with the Provisional Electoral
Council, to hold free, fair and prompt elections, in order to ensure that
the parliament and local government are put in place without delay;
10. Deplores the recent increase of acts of violence and urges the Haitian
authorities and political leaders to cooperate with a view to putting an end
to such violence;
11. Calls upon the Government of Haiti to properly investigate politically
motivated crimes and prosecute perpetrators of such crimes in accordance
with Haitian law, to take vigorous action to eliminate any continuing human
rights violations, including illegal arrests and detentions and the
detention by authorities of individuals in violation of court orders for
their release, and to ensure due process including reasonable timeframes;
12. Calls upon the Government of Haiti to comply with its existing
obligations under international human rights law by harmonizing all relevant
provisions of Haitian national law with international standards and by
continuing to comply with its reporting obligations to treaty-monitoring
bodies, in particular the Committee on the Elimination of Discrimination
against Women;
13. Calls upon the Government of Haiti, in cooperation with the
International Civilian Support Mission in Haiti, to continue structural
reforms in the police and judicial system and the improvement of the prison
sector, as a way to reinforce the promotion and protection of human rights;
14. Recalls with appreciation, and urges implementation of, the initiative
of the Government of Haiti, in collaboration with the international
community and women's groups, to adopt measures to promote the human rights
of women and to fight against the violence of which they are victims,
through the training of judicial staff and the dissemination of information
on women's rights at all levels of the educational system;
15. Stresses the importance of the Haitian National Police maintaining
professional and apolitical behaviour and in this connection reiterates the
need for the Haitian National Police to continue receiving technical
training to enable it to perform its functions efficiently, within a
framework of respect for human rights;
16. Welcomes the establishment of the International Civilian Support Mission
in Haiti, and supports its activities, in particular in the human rights
field and that of judicial and police system reform, encourages the Haitian
authorities to cooperate fully with the representative of the
Secretary-General in this regard and urgently appeals to all countries in a
position to do so to make financial contributions to the Mission as soon as
possible, in order to allow it to perform its work effectively;
17. Invites the international community, including the Bretton Woods
institutions, to stand ready to continue their involvement in the
reconstruction and development of Haiti, when conditions permit;
18. Encourages the Government of Haiti to promote the rights of children, in
particular their right to education;
19. Invites the Secretary-General and the Government of Haiti to contribute
to the strengthening of the Office for the Protection of Citizens, including
through regional representation as appropriate, incorporating a gender
perspective, through the establishment of a programme of technical
cooperation, in close collaboration with the High Commissioner for Human
Rights and the International Civilian Support Mission in Haiti, and
encourages the international community to assist in this effort;
20. Requests the High Commissioner for Human Rights to provide all necessary
human and financial resources for the effective fulfilment of the mandate of
the independent expert of the Commission on Human Rights on the situation of
human rights in Haiti;
21. Invites the independent expert to report to the General Assembly at its
fifty-fifth session and to the Commission on Human Rights at its
fifty-seventh session on developments in the human rights situation in
Haiti;
22. Decides to continue its consideration of this question at its
fifty-seventh session under the agenda item entitled "Advisory services and
technical cooperation in the field of
human rights".

67th meeting
26 April 2000
[Adopted without a vote.]

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