Haiti: Gender-based and sexual violence, including by criminal groups, and the effects of the COVID-19 pandemic on these forms of violence; state protection (2019–June 2021)
1. Overview
A February 2021 UN report on the implementation of the mandate of the UN Integrated Office in Haiti (Bureau intégré des Nations Unies en Haïti, BINUH) indicates that from September to November 2021 there were 424 instances of gender-based violence (GBV) documented by Haiti's national health system, affecting 182 women, 53 men, 146 girls, and 43 boys, but these "were still underreported" (UN 11 Feb. 2021, para. 19). The same source notes that this represented a 7.3 percent decrease compared with the previous quarter; however, there was a 12 percent increase in rapes reported to the police during the same period (UN 11 Feb. 2021, para. 19). A March 2021 article by ActionAid, an international NGO that works "to achieve social justice and gender equality, and to eradicate poverty" (ActionAid n.d.), states that "[w]omen and girls in Haiti are facing a rising tide of [GBV] triggered by the country's ongoing political crisis, deteriorating security, rising poverty and C[OVID]-19 restrictions" (ActionAid 5 Mar. 2021).
In correspondence with the Research Directorate, the Legal Director of the Haitian Bridge Alliance (HBA) [1] noted that COVID-19 and recent political instability and violence have forced women and girls to isolate at home and that isolation "has made women and girls more vulnerable to intimate spousal abuse, child abuse, sexual assault from family members and neighbors, sexual abuse and exploitation in exchange for food and money, and gang violence such as kidnappings and sexual assault" (Legal Director 11 June 2021).
For further information on violence against women, including sexual violence, see Response to Information Request HTI106291 of June 2019. For further information on the situation and treatment of survivors of sexual and domestic violence, see Response to Information Request HTI200228 of August 2020.
2. Criminal Groups and Gender-Based and Sexual Violence
In correspondence with the Research Directorate, a representative of Haiti's Office of Citizen Protection (Office de la protection du citoyen, OPC) [2] stated that violence of criminal groups and gangs against women is [translation] "widespread" (Haiti 16 June 2021). The same source indicated that certain areas, such as [Port-au-Prince neighbourhoods] Cité Soleil, La Saline, Bel Air, Carrefour Feuilles, Martissant and Solino as well as [neighbouring commune] Croix-des-Bouquets, are [translation] "much more targeted" than others (Haiti 16 June 2021). The OPC representative noted that in Jérémie sexual violence is [translation] "particularly widespread" and 347 cases "have been identified to date" (Haiti 16 June 2021). According to the same source, [translation] "many" women in "disadvantaged" neighbourhoods who experience sexual violence do not file a complaint "because they are constantly under threat from attackers" (Haiti 16 June 2021).
A report on the human rights situation in Haiti in 2020 by Défenseurs plus, a Haitian NGO that promotes human rights (Défenseurs plus n.d.), notes that women were [translation] "greatly" impacted by the "unsafe" situation in Haiti and that "many" women were kidnapped, raped, and murdered (Défenseurs plus 21 Jan. 2021, 24). The same source states that women from all social groups were affected (Défenseurs plus 21 Jan. 2021, 24). Sources indicated that women [and girls (Haiti 16 June 2021)] are being targeted by criminal groups and gangs in Haiti (Legal Director 11 June 2021; Haiti 16 June 2021). The Legal Director noted that this is occurring both in Port-au-Prince and in rural areas (Legal Director 11 June 2021). The OPC representative stated that in [translation] "some disadvantaged neighbourhoods, these gangs have a lot of influence, so there is more chance of them entering houses to rape women and girls" (Haiti 16 June 2021). The OPC representative stated that women have been kidnapped, raped, and then brought to and imprisoned in Village-de-Dieu, Grand Ravine (Martissant), and the commune of Croix-des-Bouquets (Haiti 16 June 2021). The same source noted that those who filed complaints with OPC stated that they were subjected to [translation] "all kinds of threats upon their release" (Haiti 16 June 2021).
An April 2021 UNICEF article reports that from September 2020 to February 2021 the number of women and children who were victims of armed assaults, including murders, injuries, rapes, and kidnappings, "reportedly attributed to criminal gangs" increased by 62 percent compared to the previous report; 73 incidents were documented (UN 15 Apr. 2021). The same source notes that UNICEF's Regional Director for Latin America and the Caribbean stated that "'[c]hildren and women in Haiti are no longer merely the victims of criminal gangs – they are increasingly becoming their targets'" (UN 15 Apr. 2021).
A June 2021 report by the UN Office for the Coordination of Humanitarian Affairs (OCHA) on gang violence and displacement in Port-au-Prince, states that GBV "is reported among the displaced population, with sexual abuse, including rape, among IDPs, in host families and as offer of 'sex for shelter'" (UN 14 June 2021, 1). The same source reports that there have been "numerous" reports of violence and sexual abuse, particularly of minors and young girls, during "deadly clashes between rival gangs" in Port-au-Prince that "multiplied" in the weeks prior to 14 June 2021, with a "significant upsurge" as of 1 June 2021 (UN 14 June 2021, 2, 3). The same source notes that GBV services are "limited," because "several" health centres are either closed or operating at reduced capacity in areas affected by the violence (UN 14 June 2021, 3).
For further information on the security situation and criminal groups, including the Group of 9, kidnappings, and state protection, see Response to Information Request HTI200655 of June 2021.
3. COVID-19 and Gender-Based and Sexual Violence
For additional information on the impact of COVID-19 in Haiti, see Response to Information Request HTI200656 of June 2021.
The OPC representative stated that COVID-19 has had a [translation] "significant" impact on GBV in Haiti (Haiti 16 June 2021). The same source indicated that OPC has observed a [translation] "surge" in cases of violence and women and children are "usually the victims" (Haiti 16 June 2021).
A December 2020 report by the Interuniversity Institute for Research and Development (INURED) [3] on the impact of COVID-19 in Haiti, based on a study [4] conducted from 1 June 2020 to 14 August 2020, indicates that of 507 individuals surveyed, 43 percent reported that GBV had increased during the pandemic and 24 percent reported that levels of GBV had remained "the same" (INURED Dec. 2020, 8, 30). A March 2021 report by the OCHA on the humanitarian situation in Haiti notes that there were 1,778 cases of GBV reported by healthcare institutions from January to September 2020, compared to 247 from January to December 2019 (UN Mar. 2021, 12). The OPC representative noted that they have observed an increase in the number of complaints received about GBV and that, from March 2020 to June 2021, the OPC received 400 complaints of sexual, domestic, and gender-based violence (Haiti 16 June 2021).
The information in the following paragraphs was provided in a September 2020 report by CARE International and the UN Entity for Equality and the Empowerment of Women (UN Women) on COVID-19 and gender in Haiti [5]:
In interviews, community organizations, particularly those providing support services to battered women and girls, reported an increase in violence against women and girls during COVID-19; [translation] "several" organizations reported an "upward trend" in cases of domestic violence and rape in "several regions of the country." One women's organization in the Nord department of Haiti indicated that during COVID-19, the number of cases it recorded per month increased from 15 to 25. Another organization in the same department reported that the "average" number of female "victims of violence" seeking its assistance climbed from 25 to 35 per month. An organization in the Sud-Est department of Haiti indicated that before COVID-19 it received "30 victims of GBV on average per month" and that this number increased by "around" 5 percent during COVID-19.
A chief commissioner of the Haitian National Police (Police nationale d'Haïti, PNH), who is the National Coordinator of Women's Affairs and Gender Issues, indicated that the COVID-19 lockdown led to an increase in GBV and that from January to July 2020, 726 cases of GBV were reported by the PNH, including cases of rape of minors and domestic violence. The Chief Commissioner also stated that COVID-19 has increased domestic violence "in general," especially in "marginalized neighbourhoods" and that women and children, both boys and girls, are "particula[r]" targets for this violence.
According to data collected by the Ouest Department Directorate (Direction départementale de l'Ouest, DDO) of the Ministry for the Status of Women and Women's Rights (ministère à la Condition féminine et aux Droits des femmes, MCFDF) there was an "increase" in the number of complaints of abuse from women and girls in the Port-au-Prince metropolitan area. From June to December 2019, DDO received 3 complaints, while from January to June 2020 it received 17.
"[M]ost" leaders from organizations and communities indicated that the increase in violence was due to the lockdown "forc[ing] women to be in closer proximity to their already-violent abuser," the frustration engendered by the lockdown, or "the stress caused by the deterioration of the socioeconomic situation of the Haitian people and by unemployment." According to the leader of one of the women's organizations "children also suffer from these situations of violence due to their vulnerability."
An "increase in cases of violence against women and girls with disabilities was also highlighted by people with disabilities interviewed in community interviews" (CARE International and UN 25 Sept. 2020, 36–37). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
4. State Protection
The OPC representative indicated that survivors of GBV can file a complaint with the judicial authorities (Haiti 16 June 2021). The same source noted that COVID-19 impacted the ability of victims of GBV to reach out to authorities for protection because [translation] "[s]ome of the courts were partially dysfunctional" due in part to employees infected with COVID-19 (Haiti 16 June 2021). The same source stated that commissioners, judges, clerks, bailiffs, and court and prosecution support staff worked in rotation to prevent the spread of COVID-19 (Haiti 16 June 2021). Another March 2021 article by ActionAid states that according to the country director of ActionAid Haiti, "'[t]he breakdown of the courts system means that survivors [of GBV] are unable to access justice'" (ActionAid 2 Mar. 2021).
The OPC representative noted that victims of violence and their families were afraid to go to places they heard had cases of COVID-19 (Haiti 16 June 2021). The same source stated that measures, such as hand washing, mask wearing, and physical distancing, have been taken in all premises for [translation] "the protection of victims" (Haiti 16 June 2021).
The Legal Director stated that "[e]ven before the COVID-19 pandemic and recent political violence and instability, victims of [GBV] had a very difficult time receiving protection and justice from Haitian law enforcement" (Legal Director 11 June 2021). The same source noted that since the 12 January 2010 earthquake, there has been increased training of PNH officers and more women have been hired as officers; survivors of GBV "report that police officers have started to take criminal complaints" (Legal Director 11 June 2021). However, the Legal Director indicated that the progress in police taking GBV complaints "is mostly reported near the capital – it appears that survivors can be rejected in police stations in the rest of the country" (Legal Director 11 June 2021). The same source stated that
while it is a positive step forward that HNP officers are starting to take complaints, prosecutors rarely issue criminal cases, and even if they do, the cases almost never move to the judgment stage – effectively offering no protection or justice to survivors of gender-based violence. (Legal Director 11 June 2021)
The Legal Director further noted that
[n]ow with the further breakdown caused by political instability and violence, as well as recent court strikes, police officers, prosecutors and the courts have even [less] incentive [and fewer] resources to respond to complaints of [GBV], leaving survivors with even less protection or justice. (Legal Director 11 June 2021)
The Legal Director indicated that given the lack of support services for survivors and the "high rates of retaliation for reporting violence," "there is little incentive to report incidents of violence or press charges against the perpetrator" (Legal Director 11 June 2021).
The CARE International and UN Women report indicates that during the COVID-19 [translation] "crisis," of the women and girls who identified as "victims of violence" in the household survey, "around" 40 percent indicated that they "would turn to the police," while 35.8 percent stated that they "do not know who to turn to" (CARE International and UN 25 Sept. 2020, 36). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5. Support Services
The OPC representative indicated that they have developed strategies to help victims file complaints by telephone and that an individual filing a complaint by telephone has access to immediate psychological support (Haiti 16 June 2021). The same source noted that there is [translation] "always" someone in the office to receive complaints (Haiti 16 June 2021).
The Legal Director indicated that there are "very few services available to victims" of GBV and "COVID-19 (in addition to political instability and violence) has impacted this, as the few offices that exist, mostly in or near the capital, were shut down for a few months" (Legal Director 11 June 2021).
The March 2021 OCHA report notes that the sector of GBV protection is [translation] "among the least funded" (UN Mar. 2021, 86). The same source reports that services to prevent and respond to GBV were [translation] "interrupted several times" due to political tensions and COVID-19 (UN Mar. 2021, 86).
The OPC representative noted that they have partnered with the UNDP to develop a project to raise awareness about women's rights during COVID-19, to document cases of GBV, and to provide legal assistance to survivors of GBV (Haiti 16 June 2021). The March 2021 OCHA report notes that due to COVID-19 "some" survivors of GBV did not turn to the [translation] "rare" support services available because they were ashamed or afraid of contracting COVID-19, denouncing their "abuser," or experiencing retaliation, or because of the lack of support services in more remote locations (UN Mar. 2021, 85).
The information in the following paragraph was provided in the CARE International and UN Women report:
Of the organizations contacted for the report that work with battered women in various regions of Haiti, [translation] "most" stated that "they were unable to provide quality services to them, especially in the context of the state of health emergency." According to "most" of the organizations' leaders, "the limitation on travel and physical contact during COVID-19" created an additional barrier to accessing services for these women, on top of their limited access to financial resources. In the household survey, "only" 5.7 percent of women reported being "aware of the existence of support structures for women experiencing violence." The head of an organization in the South East of Haiti reported that they established a telephone service to provide remote psychosocial support to women and girls experiencing GBV (CARE International and UN 25 Sept. 2020, 36–37).
A December 2020 article by Loop News, an internet news site covering the Caribbean that has a team of journalists based in Haiti (Loop News n.d.), reports that Fondation TOYA [6], in partnership with the Emergency Psychotherapeutic Intervention Unit of Haiti (Cellule d'intervention psychothérapeutique d'urgence d'Haïti, CIPUH) [7], created a telephone line to provide psychological support to women and girls experiencing GBV (Loop News 4 Dec. 2020). The same source notes that there is limited access to information and support services for women experiencing GBV (Loop News 4 Dec. 2020). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] Haitian Bridge Alliance (HBA) is "a coalition of Haitian non-profit organizations and community activists who have come together to serve the Haitian community in California and beyond" (HBA n.d.).
[2] The Office of Citizen Protection (Office de la protection du citoyen, OPC) is a national institution for the promotion and protection of human rights in Haiti (Haiti n.d.). Its mission is [translation] "to ensure that the State respects its human rights commitments, in particular those entered into at the national and international level and to protect all individuals against all forms of abuse from the public administration" (Haiti n.d.).
[3] The Interuniversity Institute for Research and Development (INURED) is a research institute with the objective of contributing "to the development of high-level research and scientific training in Haiti" in order to improve the "educational, socioeconomic and political conditions of Haiti's people" (INURED n.d.).
[4] The INURED study included a survey conducted in five regions of Haiti and "ethnographic fieldwork" such as focus groups, interviews with "selected household members," and social mapping (INURED Dec. 2020, 8).
[5] The report by CARE International and the UN Entity for Equality and the Empowerment of Women (UN Women) included a literature review, a survey of 1,065 individuals from households across the country, and interviews with [translation] "key sources": members of the community and healthcare workers as well as representatives of local and international organizations and state institutions (CARE International and UN 25 Sept. 2020, 14).
[6] Fondation TOYA is a Haitian NGO that aims to [translation] "[c]ontribute to the socio-economic and cultural development of Haiti by strengthening and promoting the leadership of women and girls" (Fondation TOYA n.d.).
[7] The Emergency Psychotherapeutic Intervention Unit of Haiti (Cellule d'intervention psychothérapeutique d'urgence d'Haïti, CIPUH) is a non-profit structure of the Haitian Psychological Association (Association haïtienne de psychologie, AHPSY) that works with partners from civil society and brings together mental health professionals, including psychologists, psychiatrists, and psychotherapists, to provide psycho-social support to individuals nationwide (AHPSY n.d.).
References
ActionAid. 5 March 2021. "Meet the Women on the Frontlines of the COVID-19 Crisis and Rising Gender-Based Violence in Haiti." [Accessed 7 June 2021]
ActionAid. 2 March 2021. "Women Protest Rising Violence and Political Corruption in Haiti." [Accessed 16 June 2021]
ActionAid. N.d. "Who We Are." [Accessed 8 June 2021]
Association haïtienne de psychologie (AHPSY). N.d. "Cellule d'intervention psychothérapeutique d'urgence d'Haïti (CIPUH)." [Accessed 17 June 2021]
CARE International and UN Entity for Equality and the Empowerment of Women (UN Women), United Nations (UN). 25 September 2020. Analyse rapide genre – COVID-19. [Accessed 13 May 2021]
Défenseurs plus. 21 January 2021. Rapport sur la situation des droits humains en Haïti pour l'année 2020. [Accessed 8 June 2021]
Défenseurs plus. N.d. "Qui nous sommes ?" [Accessed 9 June 2021]
Fondation TOYA. N.d. "À propos." [Accessed 17 June 2021]
Haiti. 16 June 2021. Office de la protection du citoyen (OPC). Correspondence from a representative to the Research Directorate.
Haiti. N.d. Office de la protection du citoyen (OPC). "Mission et mandat." [Accessed 17 June 2021]
Haitian Bridge Alliance (HBA). N.d. Homepage. [Accessed 17 June 2021]
The Interuniversity Institute for Research and Development (INURED). December 2020. The Impact of COVID-19 on Families in Urban and Rural Haiti. [Accessed 7 June 2021]
The Interuniversity Institute for Research and Development (INURED). N.d. "Mission." [Accessed 9 June 2021]
Legal Director, Haitian Bridge Alliance (HBA). 11 June 2021. Correspondence with the Research Directorate.
Loop News. 4 December 2020. "Santé mentale : une ligne téléphonique pour les femmes victimes de violences en Haïti." [Accessed 17 June 2021]
Loop News. N.d. "A propos de nous." [Accessed 17 June 2021]
United Nations (UN). 14 June 2021. UN Office for the Coordination of Humanitarian Affairs (OCHA). "Haiti: Displacements Due to Gang Violence in Port-au-Prince." [Accessed 16 June 2021]
United Nations (UN). 15 April 2021. UN Children's Fund (UNICEF). "Rising Gang Violence in Haiti Is Now Targeting Children, UNICEF Warns." [Accessed 7 June 2021]
United Nations (UN). March 2021. UN Office for the Coordination of Humanitarian Affairs (OCHA). Aperçu des besoins humanitaires Haïti : cycle de programme humanitaire 2021. [Accessed 16 June 2021]
United Nations (UN). 11 February 2021. Security Council. United Nations Integrated Office in Haiti: Report of the Secretary-General. (S/2021/133) [Accessed 13 May 2021]
Additional Sources Consulted
Oral sources: Asosyasyon Fanm Soley Dayiti; Association nationale de protection des femmes et enfants haïtiens; Bureau des droits humains en Haïti; Haitian Global Health Alliance; Institute for Justice and Democracy in Haiti; The Interuniversity Institute for Research and Development; Kay Fanm; Komisyon Fanm Viktim pou Viktim; Oxfam – Oxfam-Québec; Partners in Health; professor of social work at a university in Canada who studies women's rights in Haiti; Solidarite Fanm Ayisyèn; University of California Hastings College of the Law – Center for Gender and Refugee Studies.
Internet sites, including: AlterPresse; Amnesty International; Asosyasyon Fanm Soley Dayiti; Australia – Department of Foreign Affairs and Trade; Avocats sans frontières Canada; BBC; Bureau des droits humains en Haïti; Centre d'étude et de coopération internationale; Collectif Haïti de France; Commonwealth Human Rights Initiative; Le Droit; ecoi.net; EU – European Asylum Support Office; Fédération internationale pour les droits humains; Le Figaro; France – Agence française de développement, Office français de protection des réfugiés et apatrides; Freedom House; Gender & COVID-19; Georgetown University – Georgetown Institute for Women, Peace and Security; The Guardian; Haiti – ministère de la Santé publique et de la Population; The Haitian Times; HaïtiLibre; Haïti Progrès; Human Rights Watch; Institute for Justice and Democracy in Haiti; Inter-American Development Bank; Inter-American Dialogue; International Crisis Group; Justice et Paix Haïti; Kay Fanm; MADRE; Médecins sans frontières; The Miami Herald; The New Humanitarian; The New York Times; Organization of American States – Inter-American Commission on Human Rights; Le Parisien; La Presse; Radio Métropole; Réseau national de défense des droits humains; Reuters; Solidarite Fanm Aysyèn; Spotlight Initiative; Tout Haiti; University of California Hastings College of Law – Center for Gender and Refugee Studies; UN – Gender Equality Observatory for Latin America and the Caribbean, Office of the UN High Commissioner for Human Rights, Refworld, UNDP, UN Population Fund, WHO; U-Report Haiti; US – Department of State, US Agency for International Development, ; The Washington Post; World Bank.