Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

A quarterly report submitted in 2023 by the UN Security Council's Secretary-General pursuant to the mandate of the Integrated Office for Haiti (Bureau intégré des Nations Unies en Haïti, BINUH), finds that human rights "abuses," including "indiscriminate killings, executions, sexual violence, kidnappings and destruction of property," have reached "alarming levels" in the Artibonite Department and in the metropolitan area of Port-au-Prince [located in the West Department] (UN 2023-10-16, para. 27). Similarly, in its review of violent acts committed from January to October 2023, Nègès Mawon, a Haitian feminist organization which [translation] "promotes, defends, and reinforces" the social, cultural, economic, and political rights of women (Nègès Mawon n.d.), writes that the security situation in the West and Artibonite Departments is [translation] "particularly catastrophic" (Nègès Mawon 2023-11, para. 11).

The US Department of State indicates in its Country Reports on Human Rights Practices for 2022 that criminal groups were "responsible for armed conflicts" that resulted in, among other violent acts, "targeted instances of sexual violence" (US 2023-03-20, 2). According to a report submitted to the UN Human Rights Council and authored by Bureau des Avocats Internationaux (BAI), the Institute for Justice and Democracy in Haiti (IJDH), and the Commission of Women Victims for Victims (Komisyon Fanm Viktim pou Viktim, KOFAVIV) [1], gender-based violence (GBV) "remains rampant" in Haiti; further, the organizations stated they had not perceived "any positive change with respect to the prevalence of violence, harassment, and other harms directed at women and girls, including historic discrimination and harmful gender norms" (BAI, IJDH, & KOFAVIV 2022-02, para. 3).

2. Profile of Individuals Targeted by Criminal Groups

A study [2] published by the Global Initiative Against Transnational Organized Crime (GI-TOC), "an independent civil-society organization, headquartered in Geneva" (GI-TOC n.d.), reports that while "all Haitian citizens feel the heavy impact" of organized crime in their daily lives, "women and girls are disproportionately targeted for sexual violence (including rape)" by criminal group members (GI-TOC 2023-05, 6). However, according to a 2022 article by The New Humanitarian, a non-profit news organization focusing on humanitarian crises (The New Humanitarian n.d.), "women and children are not just being caught up" in the armed conflicts between criminal groups in Haiti, but they are "increasingly being targeted for rapes, torture, kidnappings and killings" by criminal groups (The New Humanitarian 2022-11-14). Nègès Mawon finds in its 2023 review that women, girls and [translation] "sexual minorities" are the groups "most affected" by the security situation in Haiti, which has led to a situation where sexual and gender-based violence have "increased but are trivialized" (2023-11, para. 16).

In their joint report on sexual violence used by criminal group members, BINUH and the UN Office of the High Commissioner for Human Rights (OHCHR) state that while acts of sexual violence committed by criminal groups have "affected" "[w]omen, girls, boys, and men," "LGBTI+ persons, traditionally marginalized and rejected within the Haitian society," are "particularly targeted for their actual or perceived sexual orientation or gender identity" (UN 2022-10, para. 91). Similarly, US Country Reports 2022 states that throughout the year, criminal groups "targeted LGBTQI+ individuals based on their sexuality" (US 2023-03-20, 27). Finally, the joint BINUH and OHCHR report points to "dozens of cases of LGBTI+ men and women" who were "sexually attacked by gang members" from January to June 2022, and noted that "female victims" recounted being subjected to "'corrective rapes' in order to 'cure' their 'homosexuality'" (UN 2022-10, para. 38). In a 2023 case recorded by Kouraj, a queer advocacy organization (Kouraj n.d.) that operates in West Department, and published by Nègès Mawon in its report, [translation] "three lesbians" and "two homosexuals" were "assaulted by armed bandits who broke into their homes and demanded that they forfeit their houses" (Nègès Mawon 2023-11, 26).

According to interviews conducted in April 2023 with two international human rights officials in Port-au-Prince, Human Rights Watch (HRW) reports that "sexual violence, including gang rape," is used by criminal groups to "terrorize, control, and 'punish' women and girls" residing in areas under the control of rival criminal groups, and women and children also experience "abuse and sexual exploitation" by criminal organizations who control the area in which they are living (2023-08-14, 19-20). Nègès Mawon reports that since 2018, during massacres and armed attacks carried out by criminal groups, notably in the West and Artibonite Departments, the bodies of women and girls [translation] "are used as a battleground, and gang rape as a weapon of war" (2023-11, para. 21). The BINUH and OHCHR report identifies "at least four modus operandi" [emphasis in original] under which "armed gang members resort to sexual violence":

• "Sexual violence during gangs' attacks" as a " means to expand and consolidate their control over certain areas";
• "Sexual violence against women and young girls while crossing 'frontlines'," as they travel across neighbourhoods that are "under the control of rival gangs to carry out their daily livelihood activities";
• "Sexual violence committed during kidnappings" to "illustrat[e] the grip and influence of gang members over the victims"; and
• "Sexual violence used to consolidate control over an area and to subjugate the local population," as criminal group members' relations with local residents "oscillat[e] between 'predators' and 'protectors'" (UN 2022-10, para. 30, 31, 32, 40, 44, 47).

For information on Haiti's major criminal groups and how they are organized, including the G9 alliance, see Response to Information Request HTI201332 of June 2023.

3. Prevalence and Geographical Distribution of Sexual and Gender-Based Violence by Criminal Groups

Sources state that data on GBV [and rape committed by members of criminal groups specifically (The New Humanitarian 2023-06-27)] is "very limited" (The New Humanitarian 2023-06-27) or "scarce" (BAI, IJDH, & KOFAVIV 2022-02, para. 6). BINUH and OHCHR indicate that there are "very few survivors" who are "willing to report these incidents and to seek help," due to factors such as "fear of retaliation" and "stigmatization," as well as the "lack of support services" available (UN 2022-10, para. 58). In a report on rape used as a weapon of war by gangs in Haiti, the New Humanitarian reports that a [UNICEF specialist in the prevention of sexual exploitation and abuse (UN 2022-03-18)] stated the following: "Speaking about 10 cases means that there are 1,000 unreported; speaking about 100 means that there are 10,000" (2022-11-14).

Nègès Mawon gathered data from 14 organizations [3] that recorded cases of sexual and gender-based violence across the country from January to November 2023, and reported a total of 3,351 cases of violence against women and girls, 1,169 of which were sexual violence, 679 of which were physical, 744 of which were psychological and verbal, and 757 of which were economic (2023-11, 14). The same source adds that, although rapes reported from January to October 2023 occurred [translation] "everywhere in the country," the Centre and West Departments are "the most dangerous for women and girls," followed by the Nippes and South-East Departments (2023-11, para. 9, 10, 51). The GI-TOC study conducted "in and around Cité Soleil (in the areas of Brooklyn, Sarthe and Village des Rapatriés)" found that "fewer cases" of GBV exist in areas where there are "lower levels of gang conflict"; however, rates of GBV were highest in the Brooklyn area (a "residential zon[e] within Cité Soleil" commune) where "intense fighting between the G-Pèp and G-9 gang coalitions" occurred throughout 2022 (2023-05, 3, 10). Nègès Mawon reports that from November 2018 to October 2023, [translation] "at least" 179 women and girls "were collectively raped" during 10 documented "massacres" in La Saline, Cité Soleil, La Plaine du Cul-de-Sac, Village Noailles and Source Matelas, and Bel-Air and Carrefour-Feuilles, averaging 18 survivors of sexual assault "per massacre" (2023-11, para. 22). Citing interviews carried out in May 2023 with "victims" from Cité Soleil, Port-au-Prince, and Cabaret communes of Port-au-Prince, HRW states that in Cité Soleil,

some criminal groups, including members of the G9 alliance [4], gang-rape women and girls living in neighborhoods controlled by the G-Pèp federation to instill fear, as part of their effort to gain control of the area. Other groups use sexual violence as a form of control to demonstrate that they are the new authority in areas where they previously had no presence, and still others use it as punishment for residents who oppose their presence in the neighborhoods. (2023-08-14, 20)

The UN's Office for the Coordination of Humanitarian Affairs (OCHA) in Haiti wrote in an April 2023 article that an "estimated" 80 percent of Port-au-Prince's metropolitan area "is either under the control or the influence of gangs" (UN 2023-04-13). Another OCHA report points out that criminal groups also control "strategic access routes" and have "expanded their activities" throughout Haiti (UN 2023-03-17, 4).

In an interview with The New Humanitarian, a team leader of a clinic run by Médecins Sans Frontières (MSF) in Port-au-Prince, which treats victims of GBV, said that before "gang violence took root," the clinic "would see between three and four patients a day who reported such abuse"; since then, an average of "130 victims of GBV are now being seen each month," 100 of whom are "rape victims" (2022-11-14). According to the GI-TOC study, which used a questionnaire with a focus group of 591 women and girls in the Cité Soleil commune "and its outskirts" administered in December 2022, 80 percent of respondents were "victims of one or more forms of [GBV] by one or multiple perpetrators," and 43 percent of survivors "experienc[ed] one or more forms of sexual violence" (2023-05, 3). The same source provides the following percentages of perpetrator types listed by the respondents:

(GI-TOC 2023-05, 9)

The source explains that the above figures do not add up to 100 percent because multiple types of perpetrators were listed by some respondents (GI-TOC 2023-05, 9).

The same study also found that there is a "concentration" of GBV, and sexual violence "in particular," in the area of Brooklyn, where 48 percent of the respondents who had experienced GBV were living (GI-TOC 2023-05, 11). Further, out of those women and girls, "[n]early" 62 percent reported that the violence had occurred in 2022 (GI-TOC 2023-05, 12). The same source adds that 69 out of the 89 cases of rape reported by respondents took place in the Brooklyn area (GI-TOC 2023-05, 11). HRW indicates that "many of the most egregious" acts of violence, occurring between January and April 2023 and recounted in interviews the organization conducted with "victims or their family members and other witness," took place in four communes of Port-au-Prince's metropolitan area, Cité Soleil, Cabaret, Port-au-Prince, and Croix-des-Bouquets; among these acts were "23 cases of rape," 19 of which were "cases of gang rape, where the victims were sexually assaulted by multiple perpetrators" (2023-08-14, 25). The same source adds that 16 of the survivors "had not visited a health center or received any medical care" before HRW arranged treatment for them, including "some survivors" who "did not have access to these treatments" (HRW 2023-08-14, 26). Another joint UN report by BINUH and OHCHR on gang violence in Cité Soleil in the latter half of 2022, indicates that the "daily lives of Brooklyn residents are similar to those of hundreds of thousands of Haitians living in areas under the control of heavily armed gangs," who face "indiscriminate shootings, executions, and rapes" (UN 2023-02, para. 92).

3.1 Examples of Documented Cases

In their October 2022 joint report, BINUH and the OHCHR write that in an area in Cité Soleil known as "'dèyè mi' ('behind the wall' in Creole)," "an open space which acts as a separation between areas controlled by rival gangs," women are "exposed to being raped by gang elements" when they attempt to cross to go to work or access services in other neighbourhoods (UN 2022-10, para. 41). The same report adds that areas "[s]imilar" to dèyè mi "were also identified in Martissant" (UN 2022-10, para. 41). In a May 2023 interview by HRW, a 34-year-old survivor and resident of Brooklyn, who was "sexually assaulted by five men" at dèyè mi, indicated that it is a location where "'rapes and killings happen everyday'" with "'no police or anyone to help us'" (2023-08-14, 29). In her case, the survivor described:

"They dragged me by the hair to an abandoned house, where five men raped me one after the other… They told me that this was happening to me because I was one of Gabriel’s women [referring to the leader of the G-Pèp] … My 29-year-old sister was also raped on the same day by three G9 members." (HRW 2023-08-14, 29-30, omissions and brackets in the source)

In another case reported by BINUH, over the course of an "August wave of attacks" against Carrefour Feuilles (Port-au-Prince neighbourhood) and Savane Pistache (Tabarre commune in West Department), four women "were gang-raped" inside their homes, one of which "was killed and her body and home burned" (UN 2023-10-16, para. 31).

In its quarterly report to the UN Security Council, BINUH noted that 515 individuals were kidnapped between July and September 2023 in Artibonite and the close-by commune of Croix-des-Bouquets, and that female victims, "in particular, were subjected to sexual violence during these kidnappings" (UN 2023-10-16, para. 30). BINUH and the OHCHR write that armed captors "rap[e], sometimes several times," individuals they've kidnapped, and in "some cases," use "recorded videos of the rapes to press the parents or other family members to pay the ransoms" (UN 2022-10, para. 44). In a case documented by the HRW through interviews with civil society and security actors in April 2023, Krache Dife, a criminal group affiliated with the G9 alliance "attacked" the upper sector of Bel-Air on 28 February 2023, which was under the control of another criminal group (2023-08-14, 38). The fighting continued until 5 March 2023, resulting in the killing or disappearance of 150 people, including residents, and three cases of sexual violence documented by HRW, "the majority of which took place on Tiremasse Street, a key access road for the upper sector" (2023-08-14, 40).

4. Treatment of Survivors
4.1 By Society

According to BAI, IJDH, and KOFAVIV, social attitudes on GBV against women and girls in Haiti are "permissive," particularly "within families and intimate relationships" (2022-02, para. 8). The same source adds that not only do survivors of GBV face "shame, self-blame, and internalized pressure to reconcile with or protect their abuser," but they are "also often blamed and stigmatized, or pressured into silence" (BAI, IJDH, & KOFAVIV 2022-02, para. 8). The GI-TOC study's questionnaire asked participants how they were "perceived" by their community after experiencing GBV; 33 percent responded that they "had benefited from support" which came "largely" from family and friends, while 65 percent said they had not benefited from community support, and were "treated poorly, criticized or misunderstood" (2023-05, 16).

According to US Country Reports 2022, cases of sexual violence against women are "rarely formally prosecuted," as they are "often settled under pressure from community and religious leaders" (US 2023-03-20, 22). According to testimonials from "local advocates," BAI, IJDH, and KOFAVIV indicate that when GBV survivors "know their abusers," including an intimate partner, reporting the incident "becomes less likely," as they "may fear his retaliation or loss of financial support, or feel pressure to preserve the family" 2022-02, para. 8). The same source states that "[o]utside of intimate relationships," survivors were "sometimes pressured by their assailants' families or social connections," and that perpetrators with links to criminal groups or police are "especially adept at intimidating survivors into silence" (BAI, IJDH, & KOFAVIV 2022-02, para. 8).

For instance, a sexual violence survivor and former resident of Cité Soleil recounted to the New Humanitarian in September 2022 that a "young girl" was raped by "a gang member who walked into the camp," a public park where she and others had fled, located near the international airport (2022-11-14). The same source said that while the perpetrator was "caught," the young girl's family requested his release, "too fearful that he or other gang members would target the family" (The New Humanitarian 2022-11-14).

The joint BINUH and OHCHR report points out that while "some" survivors of sexual violence, who have the necessary "financial means" or "social network" to leave their residence, may relocate to other areas of Port-au-Prince or the country, once they have resettled, they "usually" find themselves "deprived of their belongings and resources" (UN 2022-10, para. 39). According to the same source, "[s]ome" survivors who relocated were "forced by their host families to resort to prostitution" in payment for their rent and food (UN 2022-10, para. 39). BINUH and OHCHR note further that in the context of sexual violence committed during an abduction for ransom,

[m]any victims experienced guilt as the ransom paid for their release drove their families into economic and social destitution. In several instances, families had to sell or mortgage their homes and all their valuable possessions. This feeling of guilt, coupled with the stigmatization associated with rape while in captivity, explains why a large majority of victims do not want to disclose that they have been subjected to sexual violence. (UN 2022-10, para. 45)

4.2 By State Authorities

According to US Country Reports 2022, among Haiti's "[s]ignificant human rights issues" is the "lack of investigation of and accountability for gender-based violence" (US 2023-03-20, 2). In its 2023 review, Nègès Mawon writes that state authorities, including the police, [translation] "have done nothing" to protect the lives and property of women, girls, and sexual minorities (2023-11, para. 14). BINUH and the OHCHR point to impediments such as the lack of "trust in police capacities" and survivors' fear over "possible leaks of confidential information and testimonies to gangs" (UN 2022-10, 86). Similarly, among the Brooklyn area survivors interviewed by HRW, "[n]one" had "denounced the abuses publicly, or filed police or judicial complaints," due to fear of "reprisals" and a lack of "confidence in or access to the police and judicial authorities" (2023-08-14, 32). Additionally, several civil society interviewees told the HRW that the police station in Cité Soleil "has not been operational since June 2021" (2023-08-14, 32). The GI-TOC study summarizes into four categories the reasons "most" survivors of GBV perpetrated by strangers (including criminal group members) gave for not turning to the police, stating that

• "it would put them in danger from the gangs, including risk of death";
• "they did not trust the local authorities, fearing retaliation";
• "they did not know where or how to report"; or
• "they felt in general that there was no state presence" (2023-05, 15).

The New Humanitarian indicates that criminal groups "outnumber" police forces in "some areas" of Port-au-Prince, with "many" police stations "burned and looted for weapons" (2022-11-14). A "programmes manager" at the National Human Rights Defense Network (Réseau national de défense des droits humains, RNDDH), a Haitian NGO engaged in human rights education and monitoring human rights violations (RNDDH n.d.), stated to the New Humanitarian that as a result, survivors of sexual violence "'are supposed to give those [rape] complaints to the gang leader in the area'" (The New Humanitarian 2022-11-14, square brackets in original). Two respondents in the GI-TOC's study who did not file a complaint with the police stated they instead reported it to "a local gang boss," which was assessed by the author as "an indication of who they believed had power to respond" (2023-05, 15).

5. Support Services

In its June 2023 overview of the crisis in Haiti, ACAPS, an "independent" organization that provides "humanitarian data and analysis" (ACAPS n.d.), writes that medical and mental health services for victims of sexual violence are "insufficient and inadequate" (ACAPS 2023-06-02). The study conducted by GI-TOC similarly finds that there is a "lack of adequate services and responses, including judicial remedies, health responses and psycho-social support," accessible to survivors (2023-05, 4). According to US Country Reports 2022, there are "substantial barriers to accessing sexual and reproductive health services" in Haiti (2023-03-20, 2). BINUH and OHCHR write that the "data deficit" on sexual violence committed by criminal groups contributes to the lack of prioritization of treatment for "gang-related sexual violence" provided by support services professionals, who focus "instead on [treating] sexual violence perpetrated within the domestic sphere" (UN 2022-10, para. 59).

An estimate given by "[i]nternational organizations" and reported by HRW, states that 75 percent of Haiti's health facilities "have inadequate supplies of medicine or medical equipment and lack sufficient trained personnel" (2023-08-14, 46). BINUH and OHCHR write that as a result, survivors of sexual violence depend "primarily on private or NGO service providers to access medical care" (UN 2022-10, para. 29).

For instance, BAI, IJDH, and KOFAVIV report that there are no government-run shelters for survivors, and "when survivors approach the government" for such services, including the Ministry for the Status of Women and Women's Rights, they are referred to women's support organizations like KOFAVIV, "a few" of which run shelters (2022-02, para. 24). In the GI-TOC study, 73 percent of women and girls surveyed stated that there were medical service providers in their communities (25 percent stated that there were none); when asked who provided the services, 53 percent said that they were provided by private organizations, 26 percent by international NGOs, and 14 percent by state organizations (2023-05, 16). In response to whether they were "able to access these services," 58 percent answered in the affirmative, while 40 percent said that they were not, with "lack of financial means" being the primary reason identified (GI-TOC 2023-05, 16). Regarding psychological services, the GI-TOC study found that 92 percent of respondents did not know "where to go for psycho-social assistance," and "[r]oughly" 80 percent stated that "there were no mental health support services for women and girls who were victims of GBV in their community" (2023-05, 17).

Finally, the joint BINUH and OHCHR report notes that NGO support services providers have "recently" experienced "important security, operational and financial challenges to operate in gang-controlled areas and beyond, and to provide adequate medical assistance as well as psychological and reinsertion support to victims" (UN 2022-10, para. 29).

6. State Protection
6.1 Judiciary

In their report to the UN Human Rights Council, the BAI, IJDH, and KOFAVIV write that despite Haiti's adoption of various human rights instruments, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, and Article 276 of the 1987 Constitution of the Republic of Haiti [5], "Haiti is far from ensuring meaningful protections and equality for its women and girls" and is "failing to ensure access to justice for GBV crimes" (2022-02, para. 2-3). In their joint report, BINUH and OHCHR indicate that for survivors of sexual violence perpetrated by criminal group members, "impunity for sexual violence crimes remains the norm" and "[r]ule of law institutions are not only under-resourced and under-staffed, but they are affected by lack of independence and corruption," with their representatives "also subjected to intimidation and reprisals by gang elements" (UN 2022-10, para. 80).

BAI, IJDH, and KOFAVIV report that not only does Haiti's judiciary "not effectively support survivors," it also has "elements that seem intended to exclude survivors, especially those without means, from seeking or obtaining justice" (2022-02, para. 22). Despite the existence of legal provisions on access to justice for sexual violence survivors, an "investigation" conducted by BINUH and OHCHR showed that incorrect implementation of those legal provisions by "some law enforcement officials" occurred (UN 2022-10, para. 83-84). For instance, though medical certificates are not legally mandatory to prove sexual violence, sources report that they are required by the courts in sexual violence cases (BAI, IJDH, & KOFAVIV 2022-02, para. 22; UN 2022-10, para. 84). BAI, IJDH, and KOFAVIV detail that in practice,

survivors who do not have medical certificates are unable to proceed with their cases and the certificates thus pose a significant barrier to accountability by forcing recently traumatized women and girls to undertake additional steps and associated expenses in order to seek justice. According to advocates, women also face challenges in obtaining the medical certificates at the point of care, including because doctors are sometimes absent and certificates must be obtained within 72 hours. Survivors likewise struggle to obtain treatment for any sexually transmitted infections and pregnancies resulting from assaults. (2022-02, para. 22)

In addition, in terms of the testimony from survivors of GBV, the same source indicates that judges are

more likely to question whether women consented than in cases involving young girls. Further, unlike younger girls, adult women are more likely to be subjected to shaming, assumptions of promiscuity, and expectations of submitting to family pressures. Indeed, in BAI’s experience adult women are far more likely to have difficulties with the police in filing a complaint. They are also less likely to succeed in obtaining a judgment. (BAI, IJDH, & KOFAVIV 2022-02, para. 22)

A report on the functioning of the Haitian judiciary for the October 2022 to September 2023 judicial year, authored by the RNDDH finds that among the 43 cases of sexual crimes that appeared before the courts, 60.46 percent had judges handing down [translation] "lenient" sentences of terms "lesser than those provided for by the law" (RNDDH 2023-10-11, para. 184, 206). In addition, the same report states that there was a [translation] "trivialization" of the crime of rape of minors, "even when followed by pregnancy" (RNDDH 2023-10-11, para. 185). According to Nègès Mawon, there were 43 individuals convicted for sexual crimes in the 2022-2023 judicial year, [translation] "which represents only 3.7%" of the 1,169 rape cases registered with the courts from January to October 2023 (Nègès Mawon 2023-11, para .67).

For instance, RNDDH points to a 2021 case of a twelve-year-old child who was [translation] "repeatedly raped and impregnated" by a seventy-two year old man; the accused was arrested in 2022, freed on 25 March 2022, rearrested and sent to prison thereafter, and appeared in court on 7 July 2023, at which time the "hearing was adjourned at the end of the session, but never resumed" (2023-10-11, para. 185).

6.2 Police

BINUH finds that the Haitian National Police's capacity to "curb gang violence" has "remained inadequate" (UN 2023-10-16, para. 17). Despite the existence of specialized units for sexual violence crimes in "some" police stations in Port-au-Prince, an "investigation" conducted by BINUH and OHCHR showed that "coordination and cooperation between these different police units was deficient" (UN 2022-10, para. 82, 83).

In its June 2023 overview of the crisis in Haiti, ACAPS indicates that there has been a 40 percent decrease "in the number of police officers between 2020-2023" (2023-06-02, 1). BINUH reports that the rate at which police officers left the force "continued" to increase from January to September 2023, with "1,045 officers, including 102 women" who've resigned, and 40 officers were also killed (UN 2023-10-16, para. 17). The same source adds that the

lack of an effective national strategy for operations and reform, the absence of dedicated, equipped and well-trained anti-gang units, increasing losses in operational capacity, the loss or degradation of operational assets following targeted gang attacks and shortfalls in resource management pose monumental challenges. As of the time of writing, of 412 police buildings, 45, including corrections facilities, were non-operational, under the direct control of armed gangs or had been subjected to repeated attacks. (UN 2023-10-16, para. 17)

According to interviews conducted by HRW with a "wide spectrum of people," including "civil society representatives and government officials," "some" members of the Haitian National Police are "linked to criminal groups and allow them to operate" (2023-08-14, 59). The same source adds that "some" criminal group members, including one "main criminal leader," are "also reportedly former police officers" (HRW 2023-08-14, 59). Based on the same interviews, HRW further indicates that police officers allow criminal groups to operate by refraining from engaging in "combat" or "apprehend[ing]" them, as well as by furnishing them with "information useful for their criminal activities," "participating with them in these activities," or "supporting them with equipment, weapons, or vehicles to carry out their operations" (2023-08-14, 59). 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] Founded in 1995, Bureau des Avocats Internationaux (BAI) is a "Haiti-based constitutional and human rights law office that advances the Haitian people's struggle for justice and democracy" (BAI, IJDH, & KOFAVIV 2022-02, 2). Founded in 2004 and based in the US, the Institute for Justice and Democracy in Haiti (IJDH) is a "human rights non-profit organization that advances recognition of and accountability for human rights in Haiti in partnership with" BAI (BAI, IJDH, & KOFAVIV 2022-02, 2). Finally, started in 2004, the Commission of Women Victims for Victims (Komisyon Fanm Viktim pou Viktim, KOFAVIV) is a "group of Haitian women survivors of political rape working to help new women victims from poor neighborhoods of Port-au-Prince" (BAI, IJDH, & KOFAVIV 2022-02, 2).

[2] The study was based on research conducted in December 2022 by a "social support organization" that provides "services, including psycho-social support, to women and girls in Port-au-Prince's most vulnerable communities," and that "wishes to remain anonymous for security reasons" (GI-TOC 2023-05, copyright page, 4). The research for the study was supported by UN Women and the UN Peacebuilding Fund, and its publication was supported by the governments of Denmark and Norway (GI-TOC 2023-05, copyright page).

[3] Among the contributors, 13 are [translation] "feminist and human rights" organizations, namely: Association des Femmes Actives de Saint Louis du Sud (AFASL); Asosyasyon Fanm Madlin Nò (AFMN); Fanm Deside; Fanm an Action (FAC/SUD); Initiative Départementale contre la Traite et le Trafic des Enfants (IDETTE); Justice et Paix (JILAP); Mobilizasyon Fanm Kouraj (MOFKAD); NÈGÈS MAWON; Organisation des Femmes pour le Développement de Thomassique (OFDT); Oganizasyon Fanm Devwe Aken (OFDA); Rezo Fanm Nip (REFANIP); Regroupement des Organisations de Femmes de Gressier et de Léogane (ROFGL); Réseau national de défense des droits humains (RNDDH) (Nègès Mawon 2023-11, 14). A [translation] "decentralized office" of the Ministry on the Status and Rights of Women (ministère à la Condition féminine et aux Droits des femmes, MCFDF) in the North East also contributed data to the report (Nègès Mawon 2023-11, 4).

[4] The G9 alliance is a coalition of "gang alliances" formed in early 2020 from "areas surrounding Cité Soleil (notably Bas Delmas and La Saline)" which attacks neighborhoods controlled by rival criminal groups, "both to strengthen the electoral bases of its potential sponsors," which include presidential, legislative, and communal election candidates, and "to increase its illegal revenues" (UN 2023-02, para. 21-22).

[5] Haiti's 1987 constitution states the following:

Article 276. The National Assembly may not ratify any international treaty, convention or agreement containing clauses contrary to this Constitution.

Article 276-1. International treaties, conventions and agreements are ratified in the form of a decree.

Article 276-2. Once international treaties or agreements are approved and ratified in the manner stipulated by the Constitution, they become part of the legislation of the country and abrogate any laws in conflict with them. (Haiti 1987)

References

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United Nations (UN). 2022-03-18. UN Children's Fund (UNICEF) in Haiti. "Lara Chlela, spécialiste PSEA de l'UNICEF, parle de la protection contre l'exploitation et les abus sexuels et des efforts déployés pour sensibiliser les travailleurs humanitaires et les communautés." X [formerly Twitter]. [Accessed 2024-01-19]

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Additional Sources Consulted

Internet sites, including: Amnesty International; Armed Conflict Location & Event Data Project; Austrian Red Cross – ecoi.net; AyiboPost; The Guardian; HaïtiLibre; InSight Crime; International Crisis Group; Interuniversity Institute for Research and Development; The New York Times; Le Nouvelliste; Radio France internationale; Reuters; Solidarite Fanm Ayisyèn; UN – Refworld, UNHCR, UNICEF; US – Congressional Research Service; Walden University – Walden Dissertations and Doctoral Studies.