The Women's Delegation
was granted the opportunity to visit the women's
prison in Petionville, a facility that at the time held 78 female
prisoners. |
| Children's ward at General Hospital. Doctors were on strike when we were there. Parents or relatives stay with children day and night.
|
According to Article 26 of the Haitian Constitution, no
prisoner should be held more than forty-eight hours before seeing a judge.
Most of the women with whom we spoke had not yet seen a judge, in
violation of their Constitutional rights.
Several women reported other violations of constitutional rights
including: being held at a commisseriat, police station, for more than
forty-eight hours (Article 26), and being arrested during the night
(Article 24-3, d. "Except where the perpetrator of the crime is caught in
the act, no arrest by warrant and no search may take place between six
p.m. and six a.m.")
One fifteen-year-old prisoner claimed that she was held for several days in the
fire station before being transferred to the prison, and that while in
custody there she was beaten and raped.
Many of the women prisoners reported that their husbands had been arrested, also.
The children of these couples have
been left to fend for themselves, usually in dangerous neighborhoods. One
woman reported that her child was abandoned upon her arrest and begged
members of the delegation to visit her home and check for the child's
whereabouts and safety. Several women reported that they were arrested
because their husbands were arrested.
In addition, the women at the prison do not have regular access to doctors
or medical assistance. The delegation observed wounds on a number of
prisoners that had occurred during arrest, including an festering
wound on the breast of an eighteen-year-old prisoner. Moreover, the
delegation interviewed a woman who was separated from her three-month-old
baby. The prison would not allow her other children to bring the infant to
nurse, and the family is without the means to purchase substitute milk.
The delegation feared for her child's survival.
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| A school in Haiti for the poorest children.
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From the interviews at the women's prison, the delegation unanimously
concluded that justice is very much for sale in Haiti. Those who have the
means to hire lawyers are able to see judges and have their cases dealt
with swiftly and to their advantage. The poor suffer indefinite detention
and are denied the right to see a judge because they cannot afford to hire
a lawyer.
Haiti's young democracy inherited problems from decades of
dictatorships and little has been done to reform the system. It is not an
overstatement to describe the system as a failure.
The current Minister of Justice, Bernard Gousse, should be immediately
investigated for the corruption and violations that have taken place under
his authority. In addition, meaningful Haitian-directed reform needs to
happen at every level of the judicial system. Following the guidelines set
out in the Haitian Constitution, justice should be decentralized,
democratized and made available to all Haitians, regardless of class or
education level.
Conclusion
The Let Haiti Live Women's Rights Delegation found that Haiti's women are
facing challenges and violations of their human rights on many levels
today. The rising violence and insecurity, particularly in the katyč
popilč (popular neighborhoods)is dealing a fatal blow to the livelihoods of small merchant women.
Politically-motivated rapes are occurring at frightening frequency. Bodies
are found daily in the streets of Port-au-Prince. Women are being held in
prison solely because they cannot afford an attorney to represent them in
court and are therefore being denied the right to appear before a judge.
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| The Women's Delegation with Dr. Jacklin Saint-Fleur (red striped shirt) of St. Catherine's Hospital who is running a clinic two hours each day for the poor of Citi` Soleil and is beginning a nutrition project for kids and pregnant women.
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Under the reprehensibly indifferent eyes of the United Nations
Stabilisation Mission in Haiti (MINUSTAH), the regime of Prime Minister
Gerard Latortue is reigning over a climate of dramatic insecurity and a
campaign of terror. The situation is profoundly disturbing in its
similarity to the 1991-94 reign of the brutal coup regime, when soldiers
of the Forces Armes d'Haiti, Haitian Armed Forces (FADH) performed summary
executions and disappearances of the poor at will. Soldiers and
paramilitary gang members raped women in poor neighborhoods to terrorize
them and dissuade them from continuing their work to end the impunity
granted to their attackers.
In the wake of the interim Haitian government's highly controversial
decision to compensate these former soldiers, international pressure must
be brought to bear on interim Prime Minister Gerard Latortue. He must
immediately begin prosecution of the violent and terrifying rapes being
committed under his regime. MINUSTAH is obligated by its mandate to
promote and protect human rights, and must take every opportunity to
vigorously denounce the resurgence of rape as a political weapon.
In the face of the overwhelming injustices in Haiti today, solutions
require the participation of several actors and entities. Everyone has a
role to play in making right the wrongs of Haiti. It is with grace and
strength that Haiti's women are facing their challenges, and it is our
hope that the recommendations below serve their dignified struggle.
Recommendations
The members of the Let Haiti Live Women's Rights Delegation, sponsored by
the Ecumenical Program on Central America and the Caribbean (EPICA),
unanimously offer these recommendations for actions to benefit our Haitian
sisters:
Violation of Women's Rights due to Violence and Insecurity:
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| Children in rural Haiti
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- In order to restore security in Port-au-Prince and in Haiti as a whole,
a systematic and comprehensive disarmament campaign must be carried out.
With the understanding that the United Nations Stabilisation Mission in
Haiti (MINUSTAH) is mandated to assist the Interim Haitian Government
(IHG) in disarmament. The Let Haiti Live Women's Rights Delegation
recommends that MINUSTAH and the IHG jointly disarm all former members of
the Forces Armed d'Haiti (FADH),
alongside irregular armed individuals and groups. Disarmament must be
comprehensive.
- While carrying out disarmament, the Haitian National Police, with the
mandated support of the MINUSTAH, must provide security that will enable
small merchant women to return to their work in safety, in each and every
popular neighborhood in Port-au-Prince and throughout the country.
- In the face of the alarming rise in the frequency of rapes, the Interim
Haitian Government must respond with rape crisis facilities making
available medical, psychiatric and legal assistance to victims, while also
providing the legal and financial support necessary for these crimes to be
prosecuted. In addition, the IHG must put in place meaningful deterrents
to rape, and immediately begin prosecuting rape cases.
- The international solidarity movement for Haiti has an important role to
play. Individuals and organizations can help Haitian women by supporting
the Fon Fanm, an emergency fund for women which will help them rebuild
their economic activity, find housing, and find counseling. A rape crisis
center and public defenders for women prisoners are priorities for
fundraising and institutional support.
- Finally, the women's delegation calls for the presence of human rights
observers.
Violation of Women's Economic Rights:
- MINUSTAH(United Nations
Stabilisation Mission in Haiti) must provide security so that economic activity vital to women
and their households can be resumed, particularly in the overcrowded
markets of downtown Port-au-Prince, and in dangerous neighborhoods in all
of Haiti's urban areas.
- The women's delegation understands that building a culture of respect
for fundamental human rights is a long-term process. However, the Interim
Haitian Government, the MINUSTAH, and members of the international
community who support the UN mission must condemn violations of human
rights and take concrete actions to address these abuses.
- Health care, access to safe drinking water and education are fundamental
human rights. These rights are undermined by the chronic poverty of the
majority of Haiti's population and a highly centralized government that
does little to provide these basic services. In response, the
international community must focus on grassroots-based Haitian solutions
to resolve the problems currently facing Haiti. Large infusions of aid to
internationally-based contractors and Haitian private sector interests
undermines democracy building and increases the debt of generations of
Haitians to come.

Violation of Women's Rights to Justice:
- The MINUSTAH and the international community that supports the Mission
must pressure the Haitian National Police to actively protect the basic
human rights of the Haitian people.
- Haiti's judicial system is seriously in need of fundamental reform, a
crisis that has persisted for decades. Reform of the judicial system must
be carried out by a democratically elected Haitian government. The
international community should provide meaningful support for the
Haitian-directed reform, which must be transparent.
- Human rights violations must be addressed by the MINUSTAH, the IHG, the
OAS and the international community.
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| The Let Haiti Live Women's Delegation was comprised of 8 women, including our own Marlys Weber. Leader was Melinda Miles from Let Haiti Live. The trip was sponsored by EPICA (Ecumenical Program on Central America and the Caribbean), a nonprofit, faith-based organization in solidarity with the poor of Central America, Mexico & the Caribbean.
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- In response to the rise in politically motivated rape, the IHG must
begin immediate prosecution of rape cases. In addition, efforts to prevent
rape including sensitizing of the Haitian National Police and public
service announcements should be undertaken.
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