Office of the Special Rapporteur For Freedom Of Expression concludes visit to Haiti and makes recommendations
WASHINGTON, D.C. – At the conclusion of its working visit to Haiti the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the OAS emphasizes that the information received from distinct sectors affirms that there has been an improvement in the situation of freedom of expression in the country.
However, the Office of the Special Rapporteur highlights the need to keep adopting measures for effective protection of the right to freedom of expression. Accordingly, the Office of the Special Rapporteur sets forth the following recommendations in order to continue to advance in this matter:
1) Ensure the effective and prompt investigation, prosecution, and punishment in cases of assassination of journalists, and determine whether the murder was related to journalistic activity.
(2) Adopt measures to ensure that domestic legislation is compatible with the American Convention on Human Rights regarding the right to freedom of expression, including the decriminalization of desacato, which is established in Articles 183, 184, and 185 of the Haitian Criminal Code. Equally, to modify articles 313, 315, 316, and 322, and related laws, with the aim of eliminating criminal sanctions for crimes against honor or reputation derived from the dissemination of information about issues of public interest;
(3) Create laws in the area of access to information to ensure that access to public information is guaranteed as a human right. Access to information is an essential tool to combat corruption, bring about real transparency in government, and improve the quality of democracy, which in Haiti, and in other countries as well , is marked by a culture of secrecy and by public bodies whose policies and practices for physically managing information are not designed to facilitate people’s access to it.
The current visit of the Office of the Special Rapporteur to Haiti was based on the context of the efforts made by the present government to improve the human rights situation in the country, which the Inter American Commission on Human Rights (IACHR) has highlighted. As such, the IACHR has noted an improvement in the situation of public security in Port-au-Prince, and has commended the present government for its efforts, with the support of the international community, to establish an agenda for the strengthening of the rule of law in Haiti and for the measures taken to improve the situation of administration of justice (See, for example, IACHR, Press Release No. 24/07 April 20, 2007).
During the visit to Haiti, that took place from September 26th through September 28th, 2007, the Special Rapporteur for Freedom of Expression, Ignacio J. Alvarez, Staff Attorney of the IACHR, Ismene Zarifis, Consultant Attorney, Candis Craig, and the Press & Communications Coordinator of the Rapporteur, Leticia Linn, met with representatives of the State, members of the media, civil society, and journalists.
At the level of State representatives, the delegation met with the Prime Minister Jacques-Edouard Alexis; Minister of Justice and Public Security René Magloire; President of the Senate Joseph Lambert and Senator Rudolph Boulos; President of the House of Representatives, Eric Jean- Jacques, and a delegation of congressmen; President of the Supreme Court, Georges Moise; Prosecutor at the Court of the First Instance, Port-au-Prince, Claudy Gassant; and Director of Legal Affairs at the Ministry of Foreign Affairs Fortuné Dorlean.
At the same time, the delegation met with members of the Commission to Support the Investigations of Assassinations of Journalists. The delegation also met with members of the Association of Independent Press of Haiti, the National Press Association of Haiti; non-governmental human rights organizations, namely the Commission for Justice and Peace (JILAP), National Human Rights Defense Network (RNDDH), Ecumenical Commission on Human Rights (CEDH), and also the Association of Journalists of Haiti (AJH), the Association of Haitian Female Journalists (AMIFEHJ), the Press Workers National Union (SNTPH), SOS Journalists and Radio PSG.
These meetings allowed the Office of the Special Rapporteur to complement and update its information on the situation of the right to freedom of expression in Haiti. The Office of the Special Rapporteur presents its specific observations in the annex to this press release.
The Office of the Special Rapporteur is grateful to the State organizations, the media, the civil society organizations and the journalists for the collaboration received by the delegation during its visit. The Office of the Special Rapporteur reiterates, as part of its mandate, its willingness to collaborate and provide technical support to initiatives in the area of freedom of expression in Haiti.
The Office of the Special Rapporteur for Freedom of Expression expresses its appreciation to the Government and the people of Haiti for their cooperation for the duration of its visit. Also, to the OAS Office in Haiti for its support in the organization of the visit, and to the non-governmental organizations, journalists, media, and civil society organizations for their participation and information provided to the Office of the Special Rapporteur during its visit.
Finally, the Office of the Special Rapporteur would like to express its gratitude to the Swedish Agency for International Cooperation for its financial support to the activities of the Office of the Special Rapporteur and, specifically, for its support in financing this present visit.
