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National Human Rights Defense Network
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des Droits Humains - RNDDH
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Human Rights Monitoring Program: A Narrative Summary


I. PROJECT DESCRIPTION AND OBJECTIVES

Introduction

The roots of democracy are desperately trying to take hold in Haiti but cannot because of a flawed foundation. Here, the fundamental principles and concepts of Justice are not applied to those with power and influence, money and eminence. In Haiti, different socio-economic status means different status before the law.

With more than half of its population illiterate, primarily but not exclusively the rural poor, Haiti finds its citizens continual victims of blatant and systematic violations of their fundamental human rights.

Haiti’s primary state institutions are weak, lacking credibility, objectivity, accountability and overall professionalism. The result is the suffocating noose of impunity and corruption, accompanied by a deliberate disrespect for basic human rights.

Capacity Building

RNDDH’s investment in building the capacity of Haitian civil society in respect to democracy and human rights has taken two principal forms: (i) the provision of human rights education and professional development; and (ii) the ongoing support of efforts at a local and regional level to monitor the exercise and enjoyment of fundamental rights.

Human Rights Monitoring

In addition to building the capacity of civil society and supporting ongoing human rights activities at a local level, RNDDH has developed significant credibility as a monitor and advocate on matters of national and international significance for human rights and democracy in Haiti.

By working at the local, regional, national and international level on the growing commitment to human rights and democracy in Haiti while monitoring the nation’s progress to realize its objectives, RNDDH believes that the prospects for change will be enhanced in realizing these objectives.

RNDDH maintains the view that pursuing these activities will result in evolutionary changes in Haiti’s popular and institutional culture. At the heart of these efforts is a belief in the importance of a strong and vital civil sector in Haiti that can participate in the political process and evaluate its outcomes in human rights and democratic terms. We believe that in turn a strong and vital civil sector will assist in creating its twin pillar of a fair and responsive government.

RNDDH has subsequently developed a series of objectives and activities devoted to democratic capacity building and monitoring that mutually support the realization of the Institutionalizing Human Rights in Haiti Project’s aims. The aims and matching objectives are detailed below.


Aim :

1. increase institutional and political support by reinforcing key state institutions for the purpose of assisting Haiti to
make the transition to democracy and the establishment of the rule of law in Haiti.

Objectives :

1.1 Develop and sustain an independent, authoritative and credible network of competent individuals to monitor Haiti’s

(a) judicial and law enforcement systems, including court procedure, the treatment of prisoners and the operation and conduct of the Haitian National Police; and

(b) democratic institutions and mechanisms, including the conduct of elections at all levels, parliamentary oversight of the executive and the operation and conduct of political parties,

for the purpose of developing independent and objective state institutions, void of political manipulation and/or corruption;

1.2 Generate informed community interest in the functioning of Haiti’s legal and democratic systems and thereby
contribute to political will supportive of their reform and effective functioning; and

1.3 Increased national and international pressure on the Haitian government to institute judicial reform, eradicate impunity
and corruption, and to establish a State of Law in Haiti.


II. PROJECT ACTIVITIES

Human Rights Monitoring Program

RNDDH has developed significant credibility as a monitor and advocate on matters of national and international consequence for human rights and democracy in Haiti. RNDDH believes that working at the local, regional, and international level on the commitment to human rights while monitoring the nation’s progress in regards to human rights, will enhance the prospects for change.

The central thrust of the Human Rights Monitoring Network Program is advocacy for the protection of basic human rights in Haiti through a process of action-based research on alleged human rights violations. The program has two principal tasks, which include:

• Observation, documentation, and analysis of the applied procedures and conditions that prevail in the prisons, police stations, public prosecutor’s office, and courts, working side-by-side with the authorities to ensure that the justice that is rendered is the justice that is due, and

• Informing and educating the general public, members of parliament, and members of the government, by means of written reports and/or other relevant means, about topics of public interest and the measures that should be taken in the context of providing better protection for basic rights in an emerging democracy.

RNDDH focuses on three areas of the state in its monitoring work, including:

• Observation and analysis of the functioning of the police and their subsidiary bodies;

• Observation and analysis of judicial procedures and the conduct of the judicial system;

• Observation and analysis of the system of incarceration, including the national prison system.

Systematic Monitoring of Key Institutions: The establishment of a state of law in Haiti will be determined by the effective and efficient functioning of its primary state institutions. RNDDH’s Port au Prince office works with its regionally based staff and volunteer monitors to monitor the work and behaviour of these key institutions in order to produce a comprehensive picture of the exercise and enjoyment of civil and political rights in Haiti and to assist Haiti in its transition to democracy.

RNDDH’s monitoring work is also designed to improve the accountability and responsiveness of government institutions. Without the presence of the presence of the OAS and United Nations Missions for human rights, RNDDH’s fundamental role in monitoring the nation’s key institutions has become increasingly crucial.

RNDDH delegations make annual systematic and routine visits of the country’s key institutions, namely the police, the judiciary, local officials, and correctional institutions (prisons and gardes-à-vues). This entails several trips to key areas in Haiti’s ten geographic departments on a number of occasions throughout the year. Delegations of 3-5 staff members meet with mayors, Justices of the Peace, Police Commissioners and Inspectors, and prison wardens and prisoners to gather information, to evaluate and assess performance, to monitor and identify human rights violations. In addition, RNDDH makes recommendations and applies pressure in cases where reform is needed.

Specific Monitoring Activities and Advocacy Campaigns: RNDDH’s monitoring program provides an increasingly critical source of independent and authoritative assessment of the Haitian States’ compliance with internationally recognized human rights norms. In addition to systematic monitoring of Haiti’s key state institutions, RNDDH monitoring delegations respond to specific alleged human rights violations committed at the hands the Haitian National Police, elected officials, judicial officials, and prison agents.

An important focus of the monitoring network is working for and securing just outcomes for victims. Things includes getting official apologies, changes in policy and practice, reparation, or where appropriate and possible, taking legal action. Investigations are conducted, which include meetings with victims and their families, alleged perpetrators, witnesses, concerned authorities and the like for the purpose of seeking justice and reparation for the victims of human rights abuses. Demonstrations, sit-ins, press conferences, and press releases also form the foundation of RNDDH’s monitoring activities.

Victim Support and Assistance: On a regular basis, RNDDH monitoring staff received victims of all kinds of human rights violations of varying degrees of severity. Victims and/or their families make impromptu or pre-arranged visits to the RNDDH office in Port-au-Prince to discuss their particular situations. RNDDH’s involvement in these cases may vary. In many cases, RNDDH staff spends time distinguishing the difference between a legal offence and a human rights violation. Whereas a human rights violation is always a legal offence, a legal offence is not necessarily always a human rights violation. Additionally, RNDDH helps victims and their families understand judicial procedures and the proper legal channels to be followed, for example, explaining how to file a complaint at the General Inspection of the PNH or at the State Prosecutor’s office.

RNDDH’s assistance to victims of human rights violations and to their families can take many forms. This might include securing financial support for the victim and their families (which often includes covering accommodation expenses for victims forced into hiding), providing legal counsel, publicizing and denouncing the violation, working with local authorities to affect policy or practical change, or taking legal action to establish accountability. In cases where RNDDH is not the best suited organisation for a specific case (for example in cases of domestic violence) victims are provided with reference information for other organisations specialising in these areas.

Increased Emphasis on Economic, Social, and Cultural Rights: The importance of economic, social, and economic rights is also making an impact on RNDDH’s monitoring program. In the coming years, RNDDH will undertake increased interest in monitoring in a more systematic manner the state’s responsibility to promote and protect economic, social, and cultural (ESC) rights. Human rights monitoring delegations will investigate and research the state of Haiti’s healthcare system, the state of Haitian education, levels of employment and working conditions, and so on.


III. BENEFICIARIES

Throughout Haiti’s struggle for democracy, the concepts of accountability and responsibility have rarely been applied to those in positions of authority. Within this continued climate of corruption and impunity, RNDDH works at creating an environment of accountability, where people are held accountable and responsible for their actions, regardless of societal position or rank. Through its monitoring and advocacy work, RNDDH has been instrumental in creating the environment in which political and policy reforms supportive of human rights can be advanced.

The ultimate beneficiary of RNDDH’s nationally focused monitoring and advocacy activities is Haitian society. Victims of human rights abuses committed at the hands of police officers, prison guards, and other state officials find justice when abuses are exposed and perpetrators punished accordingly. Haitian families begin to live in safer communities, where incidents of police brutality are in decline, and where officers take seriously their professional responsibility to protect and serve and where justice is applied with equity and fairness according to the law.

Law enforcement officials, including judges, prison administrators and the Haitian National Police also benefit from the provision of advice and assistance through RNDDH’s national monitoring and advocacy activities.

Victims of human rights violations identified and supported by the network benefit significantly also. The network assists victims by helping them to meet their material and financial needs, and/or by arranging counseling or legal assistance. Both individual victims and the communities in which violations have occurred also benefit from the network’s contribution to ending the culture of impunity, which exists in Haiti.


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