Gender-Based Violence Country Profile HAITI Contents INTRODUCTION 3 PREVALENCE OF GENDER-BASED VIOLENCE: PRE- AND POST-COVID 4 POLICY AND LEGAL FRAMEWORK 7 LESSONS LEARNED AND GOOD PRACTICES 10 FACTORS THAT LIMIT A QUALITY RESPONSE 12 APPENDIX 1 – UN WOMEN: MEASURES AGAINST VIOLENCE AGAINST 14 WOMEN (HAITI) GLOSSARY 15 REFERENCES 16 World Bank GBV Country Profile: HAITI Page 3 INTRODUCTION Haiti is a Caribbean country with a population of pre-pandemic levels, suggesting that the already high approximately 11 million people, 50.4 % of whom poverty rate has likely increased. Haiti also has one of are female. Haiti’s progress in economic and social the highest levels of inequality in the region, mainly development has been impeded by persistent political because two-thirds of the poor live in rural areas where instability, surging violence, and record-high levels unfavorable agricultural conditions create a welfare of insecurity, all of which amplify its fragility. In the gap between urban and rural regions.3 Latin America and the Caribbean (LAC) region, Haiti remains the poorest country and one of the poorest Haiti is among the world’s most vulnerable countries in the world, with a GNI per capita of US$1,420 in to natural disasters, including hurricanes, floods, 2021, the lowest in the LAC region compared to the and earthquakes, which affect more than 96% of average of US$15,092. The country ranked 163rd out the population. On August 14, 2021, a magnitude 7.2 of 191 nations on the UN’s Human Development Index earthquake struck the southern region of Haiti, where in 2021.1 approximately 1.6 million people reside. The epicenter was located roughly 12 km northeast of Saint-Louis- In the midst of the ongoing political and institutional du-Sud, about 125 km west of the capital, Port-au- turmoil, compounded by exposure to natural hazards Prince.4 and gangs fighting for control of business areas, the economy has shrunk by 1.7% in 2019, 3.3% in 2020, 1.8% in 2021, and 1.7% in 2022, declining for four years in a row.2 This has resulted in poverty reduction gains being erased, and the lack of progress in critical areas essential for poverty reduction has negatively affected household incomes throughout the country. For instance, as of December 2021, 65% of households experienced a decline in their income compared to 1 Overview. (n.d.-b). World Bank. https://www.worldbank.org/en/country/haiti/overview 2 ibid 3 Ibid 4 Ibid World Bank GBV Country Profile: HAITI Page 4 PREVALENCE OF GENDER-BASED VIOLENCE: PRE- AND POST-COVID UN Women Prevalence Data on Different Forms of Indeed, Haiti is one of the few countries that has had Violence against Women5: a female prime minister in the past9; where there are female doctors and wealthy female entrepreneurs; and — Lifetime Physical and/or Sexual Intimate Partner where women can drive and own property. Women play Violence: 26 %6 an important role in Haitian society. They represent — Physical and/or Sexual Intimate Partner Violence 50% of the country’s population and constitute 48% in the last 12 months: 13.9 % 7 of the economically active population, particularly in commerce where they represent 82% of workers, and — Lifetime Non-Partner Sexual Violence: Official 37% in agriculture10. On the other hand, women and National Statistics Not Available girls are constantly exposed to serious discrimination — Child Marriage: 14.9 % 8 and violations of their rights that prevent them from fully participating in the social life of their community Haiti has a GII value of 0,635, ranking it 163 out of 170 and in the political life of their country. Haitian women countries in 2021. and girls are disproportionately exposed to social inequality, discrimination, and violence due to their Providing a comprehensive analysis of gender-based limited access to economic and other resources11. violence (GBV) in Haiti is a particularly complex task. 5 UN Women Global Database on Violence Against Women. (n.d.). Haiti. https://evaw-global-database.unwomen.org/en/countries/americas/haiti#1 6 Proportion of ever-partnered women aged 15-49 years experiencing intimate partner physical and/or sexual violence at least once in their lifetime. Source: Institut Haïtien de l’Enfance - IHE and ICF. 2018. Enquête Mortalité, Morbidité et Utilisation des Services - EMMUS-VI 2016-2017 Pétion-Ville, Haïti, et Rockville, Maryland, USA : IHE et ICF. 7 Proportion of ever-partnered women aged 15-49 years experiencing intimate partner physical and/or sexual violence in the last 12 months. Source: Institut Haï- tien de l’Enfance - IHE and ICF. 2018. Enquête Mortalité, Morbidité et Utilisation des Services - EMMUS-VI 2016-2017 Pétion-Ville, Haïti, et Rockville, Maryland, USA : IHE et ICF. 8 Percentage of women aged 20 to 24 years who were first married or in union before age 18. Source: UNICEF global databases, 2021, based on DHS, MICS and other nationally representative surveys. 9 https://lenouvelliste.com/lenouvelliste/article/153029/Claudette-A-Werleigh-premiere-femme-Premier-ministre-en-Haiti 10 Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-VI 2016-2017) ; UNICEF SDG Target 5.3.1 global database 2018, base sur le Demographic and Health Surveys, Multiple Indicator Cluster Surveys; UNDP, Human Development Report 2018 ; « Violence against Children in Haiti: Findings from a National Survey » (Mortality, Morbidity and Service Utilization Survey (EMMUS-VI 2016-2017); UNICEF SDG Target 5.3.1 global database 2018, based on Demographic and Health Surveys, Multiple Indicator Cluster Surveys; UNDP, Human Development Report 2018; “Violence against Children in Haiti: Results of a National Sur- vey.” ) CDC, 2014 11 Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-VI 2016-2017) ; UNICEF SDG Target 5.3.1 global database 2018, base sur le Demographic and Health Surveys, Multiple Indicator Cluster Surveys World Bank GBV Country Profile: HAITI Page 5 Twenty-eight per cent of Haitian women aged 15 among females is 60.7% and among males is 68.9% to 49 reported experiencing some form of physical for 2021. Since 1990, female labor force participation violence, and more than one woman in ten said they has increased. In addition, vulnerable employment for been subjected to sexual violence. The percentage females has improved in Haiti since 199116. Workers of women who report having experienced domestic in vulnerable employment are the least likely to have violence was estimated at 12% according to the formal work arrangements, social protection, and Enquête Mortalité, Morbidité et Utilisation des Services safety nets to guard against economic shocks; thus (Mortality, Morbidity and Service Use Survey) . 12 they are more likely to fall into poverty. Vulnerable employment among women is 81.3% and among 50 of every 1,000 girls aged 15-19 gave birth in Haiti men is 65.6% in Haiti for 2019. The rate of vulnerable in 2020 , in comparison with the year 2010, the rate 13 employment is higher for men and women in Haiti of adolescent fertility has decreased. Neverhteles, compared to the average rate in Latin America & adolescent girls are particularly vulnerable to the Caribbean17. health consequences of pregnancy and delivery; as a consequence, maternal conditions are among the The situation of GBV has been documented even in top causes of disability-adjusted life years and death the past: during the dictatorship of Duvalier father among girls aged 15-19 . In the case of Haiti, 480 14 and son, rape was used as a political and terror women die per 100,000 live births due to pregnancy- weapon18. More recently, under the illegitimate regime related causes. The maternal mortality ratio in Haiti of General Raoul Cédras (1991-1994), between 4,000 has worsened from 437 in 2000 to 480 in 2017. and 7,000 people were killed, hundreds of thousands Maternal mortality in Haiti is higher than its regional were tortured and forced into exile, and thousands average15. of women were systematically raped by soldiers and paramilitary forces19. A mortality study for Port-au- Regarding the labor force participation rate, this Prince concluded that 35,000 women were raped 12 Ibid 13 United Nations, Department of Economic and Social Affairs, Population Division. Data retrieved from the World Bank Gender Data Portal 14 Early childbearing and teenage pregnancy rates by country. (2021). UNICEF DATA. https://data.unicef.org/topic/child-health/adolescent-health/ 15 WHO, UNICEF, UNFPA, World Bank Group, and the United Nations Population Division. Trends in Maternal Mortality: 2000 to 2017. Geneva, World Health Organization, 2019 Data retrieved from the World Bank Gender Data Portal 16 International Labour Organization, ILOSTAT database. Data retrieved on February 8, 2022. Derived using data from International Labour Organization, ILOSTAT database. The data retrieved on January 29, 2021. Data retrieved from the World Bank 17 Gender Data Portal 18 Study “A Response To Violence Against Women In Haiti”, MCFDF, available here http://www.ijdh.org/wp-content/uploads/2010/05/Haiti-une-reponse-a-la- violence-faite-aux-femmes-en-haiti.pdf (2007) 19 “ Au-delà du choc Cartographier le paysage des violences sexuelles en Haïti après le séisme: Progress, Challenges & Emerging Trends 2010-2012 “, An- ne-christine d’Adesky avec PotoFanm+Fi, (2012) World Bank GBV Country Profile: HAITI Page 6 between March 2004 and December 2006 in Port- study targeting 1,251 girls who became pregnant as au-Prince alone . Sexual and other forms of gender- 20 a result of the violence they experienced, found that based violence were widespread in Haiti before January 37% of them had survival sex, mainly to take shelter . 12, 2010 , but the earthquake subsequently shattered From May 2015 to March 2017, the Pran Men’m clinic what few protective mechanisms existed21. of Médecins Sans Frontières provided care to nearly 1,300 survivors of GBV . Although there is no national database, it is sufficient here to provide some figures to show the Unfortunately, no data can be considered conclusive extent of the phenomenon after the earthquake. In regarding the prevalence of GBV in Haiti either before November 2011, the Concertation Nationale contre les or after the earthquake. In fact, there is almost violences faites aux femmes (Concertation Nationale), no official national analysis available, in addition to a network of non-governmental organizations and sporadic reports, situation analyses and surveys, due state institutions as well as international cooperation to the lack of a central data collection and analysis agencies, published statistics on violence against system. In fact, the issue of data in Haiti has always women between July 2009 and June 2011, according been debated since the creation of the National to the records of four member organizations, reporting Consultation, which was also mandated to create a 3098 cases of sexual assault against women during data management system for GBV . In any case, the this period . Another organization, very involved in the high rate of GBV incidents, including sexual violence, fight against GBV in Haiti, reported in its 2010-2011 sexual exploitation and abuse, domestic violence, report that 2,370 women and girls between the ages of human trafficking and early marriage and pregnancy, 3 and 76 were welcomed in their 21 shelters . Another is an indisputable fact . 20 “ Fanm ayisyen pap kase : Respecter le droit à la santé des femmes et des filles haïtiennes “, Santé et droits de l’homme : An International Journal, Lisa Davis et Blaine Bookey, (2011) 21 Many media outlets began referring to GBV in Haiti in early 2010 as a “rape epidemic.” This phrase remained a media headline throughout 2011: “An Epidemic of Rape for Haiti’s Displaced,” New York Times ( 2011) 22 Communiqué de presse, Commission interaméricaine des droits de l’homme, IACHR Expresses Concern Over Situation in Camps for Displaced Persons in Haiti (2010), http://www.cidh.org/Comunicados/English/2010/115-10eng.htm 23 National consultation on violence against women. November 25, 2011. “Specific violence against women”, available here https://www.oregand.ca/files/concer- tation-nationale-violence-25nov2011.pdf 24 « Cases of violence received and accompanied in SOFA’s reception centers”, Report XI, https://www.alainet.org/images/SOFA%20-Onzieme%20Rapport%20 Bilan-%20%20decembre%202011-2.pdf 25 “Beyond Shock Mapping the Landscape of Sexual Violence in Post-Earthquake Haiti: Progress, Challenges & Emerging Trends 2010-2012,” Anne-Christine d’Adesky with PotoFanm+Fi, (2012) 26 “ Contre leur gré, violences sexuelles sexistes contre les jeunes en Haïti, MSF (2017). https://msf.lu/fr/actualites/toutes-les-actualites/contre-leur-gre-violen- ce-sexuelle-et-basee-sur-le-genre-contre-les 27 “ Haïti : Aftershocks : Women Speak Out Against Sexual Violence in Haiti’s Camps “, Amnesty International (2011). 28 Haiti Press Network (HPN). 10 May 2011. “Haiti: Rape is not a disease, much less endemic» 29 “ Driven by Desperation Transactional Sex as a Survival Strategy in Port-au-Prince IDP Camps “, UNHCR (2011) disponible ici. http://www.ijdh.org/wp-con- tent/uploads/2011/12/SGBV-HAITI-STUDY-MAY2011.pdf World Bank GBV Country Profile: HAITI Page 7 Impact of COVID-19: reported violence directed at both wives/partners and children. Additional reasons included partners spending Over half 12% of community health workers in Haiti, more time together than usual, conflict over childcare/ perceived increases in domestic violence in households housework responsibilities, and increased alcohol/ in their community during COVID-19. A majority substance abuse30. POLICY AND LEGAL FRAMEWORK Gender equality in the legal framework: With regards & 2). Before this decree, married women were placed to overall gender equality in the legal framework, under the tutelage of their husbands. Legal age of according to the World Bank’s 2021 “Women, Business marriage in Haiti, according to the Civil Code, is 15 and the Law” study, Haiti scores 63.8 out of 100 (over years for women and 18 for men. Article 171 of the same 8 indicators). When it comes to laws affecting women’s code also establishes a large number of exceptions to pay, Haiti gets a perfect score. However, Haiti could this rule.The United Nations Population Fund (UNFPA) consider reforms to improve legal equality for women reported a relatively high prevalence of child marriage, as issues as constraints on freedom of movement, occurring frequently among girls who are less educated, laws affecting women’s decisions to work, constraints poorer and living in rural areas (Girls not Brides, 2017).; related to marriage, laws affecting women’s work after b) the Civil Code establishes that either spouse can having children, constraints on women’s starting and initiate divorce; c) a decree from 2005 has modified running a business, gender differences in property and Haiti’s Penal Code in order to eliminate discrimination inheritance, and laws affecting the size of a woman’s against women, especially articles 278-284. Rape had pension are alarming in the country.31 been previously considered a smaller contravention, “indecent assault”, and it is now considered a serious The following data points illustrate various other crime (MCFDF, 2004). Rape is directly mentioned gender aspects in Haiti’s legal framework : 32 among the crimes of sexual aggression, but it is not defined, nor is consent mentioned in the law (Art. 268) a) The presidential decree of 8 October 1982 establishes but sexual harassment is not mentioned in the 1835 equality between men and women in marriage (Art. 1 Penal Code. A draft Penal Code is currently under 30 Gottert A, Abuya T, Hossain S, Casseus A, Warren C, Sripad P. Extent and causes of increased domestic violence during the COVID-19 pandemic: community health worker perspectives from Kenya, Bangladesh, and Haiti. Journal of Global Health Reports. 2021;5:e2021063. doi:10.29392/001c.24944 31 World Bank (2021). Women, Business and the Law 2021: Haiti. https://wbl.worldbank.org/content/dam/documents/wbl/2021/snapshots/Haiti.pdf 32 OECD Social Institutions and Gender Index. (2019). World Bank GBV Country Profile: HAITI Page 8 evaluation by Haiti’s legislative bodies and justice office for advising the police on questions of violence system. d) Abortion is criminalized in the 1835 Penal against women. In 2003, a national committee against Code (Art. 262). The woman and any other person violence against women (Concertation nationale contre having contributed to the abortion, with or without les violences faites aux femmes”) was established in her consent, are penalized with imprisonment. Medical order to answer the needs of girls and women who have staff condemned for abortions are penalized with suffered violence and to pressure state authorities to forced labor without precise time limit; e) In 2014 Haiti approve legislation on the issue (the Haitian Ministry of ratified the International Treaty on Human Trafficking, Women’s Affairs, 2005). The concertation is directed and also approved a law on Human Trafficking the by a tripartite committee made up of representatives same year. The law does mention the Convention of civil society, the Ministry for the Status of Women on the Elimination of All Forms of Discrimination and Women’s Rights and a technical commission. The against Women (CEDAW) in its preamble, but it does latter is particularly in charge of the production of data not include a clear gender component, choosing to and statistics as well as multidisciplinary support of single out children particularly. The latest CEDAW women and girls victims/survivors of violence (Hurwitz, committee report (2016) mentions the lack of an 2013). Another bill currently being drafted on the action plan to ensure its implementation, particularly prevention, punishment and elimination of violence in face of reports about women and girls compelled against women provides in its article 5.6 the right to into “transactional sex” with UN peacekeeping mission free legal assistance (Hurwitz, 2013). personnel. No laws or bills directly address domestic violence. International treaties on GBV: Haiti has ratified Article 296 of Haiti’s 1835 Penal Code criminalises the Convention on the Elimination of All Forms of rape and sexual violence in marriage. The draft bill on Discrimination Against Women (CEDAW) and the Inter- the new Penal Code, currently under revision from the American Convention on the Prevention, Punishment, Ministry of Justice (MJSP, 2015), in its articles 247-248, and Eradication of Violence against Women (Belém do 272-273, 274-278 provides for stricter sanctions in the Pará Convention or BDPC) case of crimes where a partner or spouse is implicated. Article 278 also increases penalties in case of acts of National response to GBV: According to the Haitian violence committed against a woman by someone who constitution, international instruments, once ratified, is part of her family or with whom she shares intimate are considered part of the national legislation and relations, even without cohabitation. According to revoke previous legislation (Art. 276). However, no the report Enquête Mortalité, Morbidité et Utilisation law addressing violence against women specifically des Service 2004-2005 from the Institut Haitian de has since been drafted. The 2009 report of the Inter- l’enfance, physical violence against women is common, American Commission on Human Rights notes the in particular committed by partners or husbands. The appointment of a female director for the National CEDAW report (2008) states that this kind of violence Haitian Police, and plans for the establishment of an goes frequently unreported due to a culture of “keeping World Bank GBV Country Profile: HAITI Page 9 quiet” about the issue. Patriarchal attitudes in relation of the products of the plan is a national awareness- to marriage tend to normalise gender-based violence. raising campaign for the prevention of violence against All this amounts to unreliable statistics reports (Goel women and for spreading information on the existing and Goodmark, 2015). Women tend to denounce services. The country report to the CEDAW (2014) intimate partner violence only in cases where the also mentions the initiative of a “School for judges”. On relationship ends or in case of unwanted pregnancy the initiative of the Ministry for the Status of Women (Goel et al, 2015). and Women’s Rights, the obligation to implement the CEDAW was discussed with members of the country’s NGOs and women’s movements have been essential judiciary, including lawyers, officials and district to lead new initiatives and call for transparency. judges who tend to minimise women’s complaints. The Table de Concertation Nationale has benefited Reporting of rape appears to be a challenge for female from major inputs from the civil society. These survivors. According to the UNDP, medical certificates organisations are also leading efforts in organising a are required to establish a police report and judges multi-sectorial response to women victims/survivors tend to settle rape cases amicably, even though both of violence. The Inter-American Commission Report of these practices have been revoked in article 91 of from 2009 provides details of services made available a decree approved in 1995. The study also points to by national women’s organisations, with the support of the challenge that both the courts and the families the Concertation, including shelters, legal assistance, and survivors tend to prefer amical solutions (Hurwitz, medical treatment, counselling and training on 2013). women’s rights (IACHR, 2009). Despite the signing and ratification of international The Concertation Nationale has also produced a conventions - such as the United Nations Convention National Plan for Combatting Violence against on the Elimination of All Forms of Discrimination Women. The Plan has served as platform for against Women (CEDAW) and the Inter-American validating a protocol for the medical assistance of Convention on the Prevention, Punishment, and women survivors of violence; a manual for training Eradication of Violence against Women (Belém Do healthcare personnel and a list of services available Para) - which systematically repeal all laws that do not around the country for support and assistance of comply with the requirements of these conventions, women who have suffered violence. The plan also Haiti’s legal framework still requires profound changes specifically mentions the need for better medical and in order to better prevent and protect women and girls legal assistance for rape victims (MCFDF, 2004). One from various types of violence33. 33 This situation is due to the obsolescence of several legal provisions contained in the Penal Code, which dates back to 1835 and does not include discriminatory or sexual offenses, including domestic violence, incestuous and marital sexual violence, and sexual harassment. The 2005 decree amended the Penal Code to include some sexual offenses, but does not circumscribe these offenses. Concluding Observations of the Committee on the Elimination of Discrimination against Women (CEDAW) (2016) World Bank GBV Country Profile: HAITI Page 10 Moreover, even if the normative context has improved Discrimination against Women (CEDAW) expressed its in recent years , the implementation of laws, the 34 concern that, despite the measures taken by the State, weakness of democratic institutions, structural no law on gender equality and non-discrimination poverty, and widespread insecurity, makes Haiti a against women has yet been adopted and expressed country where violence is present at different levels its concern about the persistence of discriminatory of society, with particularly harmful consequences on provisions in many laws, which have an impact on the women and girls. The Committee for the Elimination of exercise of women’s rights35. LESSONS LEARNED AND GOOD PRACTICES In Haiti, the fight against GBV has a long history of coordination: Working in direct partnership with national programs and policies as well as interventions the Ministry of Women’s Affairs and Women’s carried out by international organizations. In addition, Rights, other relevant ministries and Haitian after the earthquake and the most recent cases authorities has proven to be an indispensable of sexual exploitation and abuse committed by strategy to pave the way for fruitful collaborations international organizations . there has been a renewed 36 in terms of capacity building and joint initiatives interest in reducing the risks of GBV. The following for the holistic management of survivors. The aspects have often been mentioned in different reports establishment of the national consultation and as key elements for the success of GBV interventions coordination forum and its activities, as well as the and are included in the country’s strategic documents continuation of the GBV working group’s activities after the earthquake, are very important signs — Promoting inter-agency and inter-institutional of this collaboration37. Moreover, inter-agency 34 With the Electoral Decree of February 2015, which establishes a quota of at least 30 percent female candidates on lists presented for municipal and local elec- tions and provides for the payment of financial incentives to political parties to encourage the application of the said quota; the Paternity, Maternity, and Parentage Law (2014), which guarantees equal treatment for children born out of wedlock; the Trafficking Law (2014) 35 Concluding observations on the combined eighth and ninth periodic reports of Haiti, CEDAW (2012), https://tbinternet.ohchr.org/_layouts/15/treatybodyexter- nal/Download.aspx?symbolno=CEDAW/C/HTI/CO/8-9&Lang=Fr 37 https://www.thetimes.co.uk/article/oxfam-in-haiti-it-was-like-a-caligula-orgy-with-prostitutes-in-oxfam-t-shirts-p32wlk0rp; https://dfidnews.blog.gov. uk/2019/06/12/dfid-response-to-reports-on-oxfam/; https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/840063/Cross-sector-Safeguarding-Progress-Report-Oct_19.pdf World Bank GBV Country Profile: HAITI Page 11 coordination is recognized at the global level as one agencies to support a comprehensive capacity of the 16 minimum requirements for the prevention building process over several years and through and response to GBV in emergency situations38. the engagement of key and motivated individuals within Haitian institutions as demonstrated in the — Supporting the provision of quality GBV services: recommendations of the country’s main feminist Providing direct care and services to survivors organizations41. of GBV in Haiti is particularly difficult and very costly. Even the MCFDF recognizes the country’s — Community-based interventions: The SASA challenges in providing quality care: the Strategic (Start, Awareness, Support, Action) methodology Plan to fight violence against women (2017-2027) conducted at the community level was evaluated plans to set up actions to improve services (axis as an appropriate methodology for transforming 2) with the involvement of public health, education harmful gender norms by guiding community and justice services . Providing necessary care to 39 members to promote progressive and sustainable survivors of GBV in Haiti, where public services are changes for gender equality42.This methodology extremely limited, is still a necessary intervention40. was adapted to the Haitian context in 2014 and was included as a key methodology in the Spotlight — Capacity building of national actors: In an initiative43. important framework of national capacity building, a large number of men and women — Technological innovation: Haitian and international have been trained on GBV, standard operating organizations have successfully launched several procedures have been established, and some mobile and online initiatives to assist survivors training programs have been developed. These and/or raise awareness on gender equality issues. results were indeed achieved through a long- Indeed, mobile services act as useful adjuncts term commitment by donors and international or complements to fixed care centers and have 38 https://www.unfpa.org/sites/default/files/resource-pdf/Minimum_Standard_Poster-FINAL.21Oct.pdf 39 Plan stratégique de lutte contre les violences envers les femmes (2017-2027), https://lenouvelliste.com/article/177751/mcfdf-lancement-et-presenta- tion-du-3e-plan-national-2017-2027 et https://evaw-global-database.unwomen.org/en/countries/americas/haiti/2008/ligne-telephonique-gratuite Rapport de l’expert indépendant sur la situation des droits humains en Haïti, disponible ici http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A. 40 HRC.14.44_fr.pdf 41 “Rapport sur la situation des Droits de la femme Haïtienne” coalition des organisations Haïtiennes et Américaines des droits de l’homme, des femmes, avocats et activistes, basées en Port-au-Prince (Haïti), Saut d’Eau (Plateau Central, Haïti) et Washington, D.C. (USA), disponible ici http://www.ijdh.org/wp-content/ uploads/2013/05/EPU-2016-Droits-des-femmes.pdf 42 « A Community-Based Intervention to Prevent Violence against Women and Girls in Haiti », Inter-America Development Bank, (2018) disponible ici https://publi- cations.iadb.org/en/community-based-intervention-prevent-violence-against-women-and-girls-haiti-lessons-learned https://evaw-global-database.unwomen.org/fr/countries/americas/haiti 43 L’Initiative Spotlight est un partenariat globale pluriannuel entre l’Union Européenne et les Nations Unies pour éliminer toutes les formes de violence à l’égard des femmes et des filles https://spotlightinitiative.org/haiti; http://repansepouvwa.org/metod-sasa/materyel/ World Bank GBV Country Profile: HAITI Page 12 demonstrated their usefulness especially in times U-Report Platform which engages more than of humanitarian crises such as COVID19 . We 44 20,000 young people through the social network46. can mention the KOFAVIV SOS hotlines45 or the FACTORS THAT LIMIT A QUALITY RESPONSE Gender-based violence is an umbrella term describing decision-makers and development partners to harmful acts committed against someone’s will based better refine interventions in order to produce on socially established differences between men and conclusive results48. women (gender)47. The origin of GBV lies in gender- based discrimination and the unequal distribution of — Limited access to services by survivors: In power between the sexes. Moreover, other factors have addition to the weak protection of women through exacerbated gender-based violence in Haiti and limit legislation, there are many barriers that women the implementation of a systematic response to GBV: and girls face when trying to access services: the need and constraints of obtaining a medical — Weak data collection on GBV: The national certificate, economic factors, dysfunctional statistical system is not comprehensive in terms of judicial authorities, lack of knowledge of rights and data collection and analysis. Although prevalence reluctance to file a complaint for fear of stigma and is not a prerequisite for the implementation of social prejudice, reluctance of parents or guardians, programs, the lack of data limits the ability of and financial dependence of the victim49. 44 https://gbvguidelines.org/en/unicef-podcast-series-on-gbv-and-covid-19/ 45 Digital Democracy launched the first emergency response hotline for sexual violence in Haiti with KOFAVIV in 2011. Thanks to support from UNHCR, the 572 Emergency Response Hotline Call Center extended its service to 24-hour care in May 2012. The hotline was used to provide a mapping of the incidents as well as updating the national GBV repository. At the moment the service is not available due to limited funds. 46 https://haiti.ureport.in/ 47 https://gbvguidelines.org/fr/ 48 “ Rapport alternatif sur Haïti : Ensuring Haitian Women’s Participation and Leadership in All Stages of National Relief and Reconstruction” available: www. genderaction.org/publications/2010/gsr.pdf 49 Concluding observations on the combined eighth and ninth periodic reports of Haiti, CEDAW (2012), https://tbinternet.ohchr.org/_layouts/15/treatybodyexter- nal/Download.aspx?symbolno=CEDAW/C/HTI/CO/8-9&Lang=Fr World Bank GBV Country Profile: HAITI Page 13 — Weakness of organizations and institutions for — Social norms and harmful beliefs: The role the protection and defense of the human person: of religious discourse in maintaining certain National institutions created by the state or civil conservatisms, particularly gender relations society organizations struggle to carry out their unfavorable to women, is consistently attested missions due to the persistence of numerous to in several reports on this subject. In addition, shortcomings in their strategic and operational violence is also justified within the family for deployment: weak technical skills in organizational economic reasons, the phenomena of “madan management; political instability and heavy papa” which refers to young girls who have intimate administration; and budgetary limitations50. relationships with older men to earn money that they then use to support their families economically, — Impunity of perpetrators: Lack of respect for or the phenomenon of restavek which refers to the human rights and the rule of law is one of the placement of adolescents and children with other factors that contribute to an environment in which families in the urban environment by their parents survivors do not access services . For example, 51 with high risks of exploitation and violence are in its report on the police and judicial system’s rather widespread53. These norms somehow justify response to rape complaints in the Port-au-Prince violence by normalizing it so that women and girls metropolitan area, the Human Rights Section do not recognize it as such. of MINUSTAH/Office of the United Nations High Commissioner for Human Rights analyzed all rape cases reported in five police stations between June and August 2010 with the objective of studying how rape complaints were managed through the criminal justice system. It was found that as of the end of March 2012, only one case out of a total of 62 registered cases had been referred, and no case had been tried in a competent court52. Report of the independent expert on the human rights situation in Haiti, available here http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A. 50 HRC.14.44_fr.pdf 51 “Impunity for violence against women and girls in Haiti”; Submission to the Inter-American Commission on Human Rights (2019) available here https://www. asfcanada.ca/site/assets/files/7636/asfc_memoire_violences_faites_aux_femmes_en_haiti.pdf 52 “ Un profil de la réponse policière et judiciaire au viol à Port-au-Prince”. Rapport au Secrétaire général, Section des droits de l’homme, Bureau du Haut-Commis- saire aux droits de l’homme-Haïti. MINUSTAH. 12 juin 2012. http://minustah.org/?p=36059, et https://ayibopost.com/viol-quand-le-silence-devient-loi/ 53 https://lenouvelliste.com/article/167734/men-madan-papa¸ https://www.unicef.org/french/protection/haiti_61518.html World Bank GBV Country Profile: HAITI Page 14 APPENDIX 1 – UN WOMEN: MEASURES AGAINST VIOLENCE AGAINST WOMEN (HAITI)54 https://evaw-global-database.unwomen.org/en/countries/americas/haiti 54 UN Women Global Database on Violence Against Women. (n.d.). Haiti. https://evaw-global-database.unwomen.org/en/countries/americas/haiti World Bank GBV Country Profile: HAITI Page 15 GLOSSARY Gender Roles that are determined socially, behaviours, activities, and attributes that a society considers appropriate for men and women. These roles are contextual and influenced by a society’s culture and traditions, as well as by prevailing religious beliefs. Gender-Based Any act of violence that results in, or the nature of which causes, physical, sexual, or Violence (GBV) psychological harm or suffering to someone because of his or her sex. This including threats through similar acts, coercion, or arbitrary deprivation of liberty, whether in public or private life (UN, 1993). Sex Refers to the biological and physiological characteristics which differentiate men and women. Sexual Exploitation Any real or attempted abuse of a position of vulnerability, power differential, or relationship of confidence for a sexual purpose, including, but not limited to, taking financial, social, or political advantage of another through sexual means. Sexual Abuse Real or threatened physical intrusion of a sexual nature, whether it be by force or under unequal or coercive conditions. Sexual Harassment Unwelcomed sexual advances, demand for sexual favors, or any other verbal or physical behavior of a sexual nature. In the workplace, submission to these advances or behaviors may made either implicitly or explicitly a condition of continued employment, promotion, or other decisions affecting a person’s employment. World Bank GBV Country Profile: HAITI Page 16 REFERENCES — Amnesty International (2011) Haïti : Aftershocks : Women Speak Out Against Sexual Violence in Haiti’s Camps — Banque Nationale d’Haiti, 2014, Stratégie Nationale d’Inclusion Financière, http://www.brh.net/documents/stra- tegie_inclusion_fin.pdf — Cases of violence received and accompanied in SOFA’s reception centers, Report XI, https://www.alainet.org/ images/SOFA%20-Onzieme%20Rapport%20Bilan-%20%20decembre%202011-2.pdf — CEDAW, 2008, Combined initial, second, thirdh, fourth, fifth sixth and seventh periodic reports of — CEDAW, 2014, Consideration of reports submitted by States Parties under article 18 of the — CEDAW, 2016, Rapport sur la situation des Droits de la femme Haïtienne, Soumission d’une coalition — Communiqué de presse, Commission interaméricaine des droits de l’homme, IACHR Expresses Concern Over Situation in Camps for Displaced Persons in Haiti (2010), http://www.cidh.org/Comunicados/English/2010/115- 10eng.htm — Concluding observations on the combined eighth and ninth periodic reports of Haiti, CEDAW (2012), https:// tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/HTI/CO/8-9&Lang=Fr — Convention, 1951 (No. 100) - Haiti, http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_ COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3252487,102671,Haiti,2015 — Convention, Eight and ninth periodic reports of States parties due in 2014, Haiti, CEDAW/C/HTI/8-9. — D’Adesky, C. PotoFanm+Fi, (2012) Au-delà du choc Cartographier le paysage des violences sexuelles en Haïti après le séisme : Progress, Challenges & Emerging Trends 2010-2012 — Davis, A. Bookey, B. (2011) Fanm ayisyen pap kase : Respecter le droit à la santé des femmes et des filles haï- tiennes “, Santé et droits de l’homme : An International Journal — Decree of the 6th July 2005, modifiant le régime des Aggressions Sexuelles et éliminant en la matière World Bank GBV Country Profile: HAITI Page 17 — des Discriminations contre la Femme, http://haitijustice.com/pdf/legislation/decret_agressions_sexuelles_fem- mes_haiti_haitijustice.pdf — des organisations Haïtiennes et Américaines des droits de l’homme, des femmes, avocats et activistes, basées en Port-au-Prince (Haïti), Saut d’Eau (Plateau Central, Haïti) et Washington, D.C. (USA), engagés dans la promotion des droits des femmes Haïtiennes, et la lutte contre les violences et la discrimination basés sur le genre, http:// www.ijdh.org/wp-content/uploads/2013/05/EPU2016-Droits-des-femmes.pdf — Dévéloppement d’Haïti, http://www.ht.undp.org/content/dam/haiti/docs/Gouvernance%20d%C3%A9mocrati- que%20et%20etat%20de%20droit/UNDP_HT_PLAN%20STRAT%C3%89GIQUE%20de%20developpement%20Hai- ti_tome1.pdf — Electoral law, 2013, http://www.refworld.org/category,LEGAL,,,HTI,54787b354,0.html — Ending violence against women (2003) https://evaw-global-database.unwomen.org/en/countries/americas/hai- ti/2003/concertation-nationale-contre-la-violence-faite-aux-femmes — Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-VI 2016-2017) ; UNICEF SDG Target 5.3.1 global database 2018, based on the Demographic and Health Surveys, Multiple Indicator Cluster Surveys faites aux femmes 2006-2011, https://potofi.files.wordpress.com/2011/08/haiti-plan-national-delutte-contre-les-violen- ces-faites-aux-femmes.pdf — FAO, 2017, Gender and Land Rights Database, Haiti, http://www.fao.org/gender-landrightsdatabase/coun- try-profiles/countries-list/general-introduction/en/?country_iso3=HTI, Girls not Brides, 2017, Child marriage around the world: Haiti, http://www.girlsnotbrides.org/childmarriage/haiti/ — Femmes, Prévention, prise en charge et accompagnement des victimes de violences spécifiques — Gender Action (2010) Rapport alternatif sur Haïti : Ensuring Haitian Women’s Participation and Leadership in All Stages of National Relief and Reconstruction” available: www.genderaction.org/publications/2010/gsr.pdf — Goel, R. Goodmark, L. , McDaniel-Miccio, K. Coker, D. Manjoo, R. Runge, R. Phillips, N. Wing, A. Parson, N. Bond, J. Bruch, E. Shalhoub-Kevorkian, N. Lombard, N.Whiting, N. Goldscheid, J. Dragiewicz, M. Macquoid, A. (2015). Com- parative Perspectives on Gender Violence: Lessons from Efforts Worldwide. — Goel, Rashmi and Goodmark, Leigh (Eds.), 2015, Comparative perspectives on gender violence: lessons from efforts worldwide, Oxford University Press. World Bank GBV Country Profile: HAITI Page 18 — Gottert A, Abuya T, Hossain S, Casseus A, Warren C, Sripad P (2021) Extent and causes of increased domestic violence during the COVID-19 pandemic: community health worker perspectives from Kenya, Bangladesh, and Haiti. Journal of Global Health Reports. 2021;5:e2021063. doi:10.29392/001c.24944 — Haiti Press Network (HPN). 10 May 2011. Haiti: Rape is not a disease, much less endemic — Haitian civil code, 1826, — Haitian Consitution, 1987, https://www.haiti-reference.com/pages/plan/histoire-etsociete/documents-histori- ques/constitutions/constitution-de-1987-amendee/ — Haitian labor code, 1961, http://www.refworld.org/cgibin/texis/vtx/rwmain?page=category&docid=4c3354c- b2&skip=0&category=LEGAL&coi=HTI&querysi=passeport&searchin=fulltext&sort=date — Haitian penal code, 1835, https://www.oas.org/juridico/mla/fr/hti/fr_hti_penal.html — haïtien, http://haitijustice.com/avantprojetdunouveaucodepenalhaitienhaitijusticecrij.pdf — http://www.refworld.org/country,,CEDAW,,HTI,,56a5cfa64,0.html — https://archive.org/stream/codecivildhati02hait/codecivildhati02hait_djvu.txt — Hurwitz, Agnès, 2013, Assistance légale pour les femmes victimes de violence de genre en Haïti, — IAHRC, 2009, The Right of Women in Haiti to live free from Violence and Discrimination, http://www.cidh.org/ countryrep/Haitimujer2009eng/HaitiWomen09.Intro.Chap.IandII.htm — IDEA, 2014, Les partis politiques dans la construction de la démocratie en Haïti, Bibliothèque — ILO, (2016) Direct Request (CEACR), adopted 2015, published 105th ILC session, Equal Remuneration — Impunity for violence against women and girls in Haiti”; Submission to the Inter-American Commission on Human Rights (2019) available in https://www.asfcanada.ca/site/assets/files/7636/asfc_memoire_violences_fai- tes_aux_femmes_en_haiti.pdf World Bank GBV Country Profile: HAITI Page 19 — Inter-America Development Bank (2018) A Community-Based Intervention to Prevent Violence against Women and Girls in Haiti available in https://publications.iadb.org/en/community-based-intervention-prevent-violen- ce-against-women-and-girls-haiti-lessons-learned — International Labour Organization, ILOSTAT database. — Joseph, Kerline et Dongmo Kahou, Paulette Flore, 2011, État de la situation des femmes haïtiennes : — Land Alliance for Prosperity of People and Places, 2017, Programme de Securisation Foncière en Milieu Rural, Étude d’Impacts Sociaux, Inter-American Development Bank, Washington, DC Http://ciat.gouv.ht/sites/default/ files/docs/HAITI%20-%20IDB%20-20CIAT%20Social%20Impact%20Assessment%20%28Etude%20du%20impacts%- 29vf.pdf — les violences faites aux femmes, 2005, Plan National de Lutte Contre les Violences Faites aux — Loi sur la paternité, la maternité et la filiation, 2012, http://www.refworld.org/category,LEGAL,,,HTI,54787ef74,0. html — Ministère à la Condition Féminine et aux Droits des Femmes (2007)”A Response To Violence Against Women In Haiti”, MCFDF, available here http://www.ijdh.org/wp-content/uploads/2010/05/Haiti-une-reponse-a-la-violence- faite-aux-femmes-en-haiti.pdf (2007) — Ministère à la Condition Féminine et aux Droits des Femmes (MCFDF), 2014, Politique D’Égalité Femmes Hom- mes 2014-2034, Presses Nationales d’Haïti, http://extwprlegs1.fao.org/docs/pdf/hai157333.pdf — Ministère à la Condition Féminine et aux Droits des Femmes (MCFDF), Concertation Nationale contre — Ministère de la Justice et de la Securité Publique, (MJSP), 2015, Avant-Projet du nouveau Code pénal — Ministère de la Planification et de la Coopération Externe (MPCE), 2012, Plan Stratégique de — Mortality, Morbidity and Service Utilization Survey (EMMUS-VI 2016-2017) — National consultation on violence against women. November 25, 2011. “Specific violence against women”, availa- ble here https://www.oregand.ca/files/concertation-nationale-violence-25nov2011.pdf World Bank GBV Country Profile: HAITI Page 20 — Nationale d’Haïti, http://www.idea.int/sites/default/files/publications/les-partis-politiques-dans-laconstruc- tion-haiti.pdf — New York Times ( 2011) Many media outlets began referring to GBV in Haiti in early 2010 as a “rape epidemic.” This phrase remained a media headline throughout 2011: “An Epidemic of Rape for Haiti’s Displaced” — OECD Social Institutions and Gender Index. (2019). Haiti. https://www.genderindex.org/wp-content/uploads/ files/datasheets/2019/HT.pdf — Plan stratégique de lutte contre les violences envers les femmes (2017-2027), https://lenouvelliste.com/arti- cle/177751/mcfdf-lancement-et-presentation-du-3e-plan-national-2017-2027 et https://evaw-global-database. unwomen.org/en/countries/americas/haiti/2008/ligne-telephonique-gratuite — PNUD (2013) Http://www.ht.undp.org/content/dam/haiti/docs/emancipation_des_femmes/UNDP_HT_ Haiti%20R eport%20-Assictance%20legale-Avril2013.pdf — Presidential decree from the 8th December 1972, http://lenouvelliste.com/lenouvelliste/article/129320/Le-ma- riage-que-sais-je.html — Rapport de l’expert indépendant sur la situation des droits humains en Haïti, available in http://www2.ohchr.org/ english/bodies/hrcouncil/docs/14session/A.HRC.14.44_fr.pdf — Rapport de l’expert indépendant sur la situation des droits humains en Haïti, available in http://www2.ohchr.org/ english/bodies/hrcouncil/docs/14session/A.HRC.14.44_fr.pdf — Rapport sur la situation des Droits de la femme Haïtienne coalition des organisations Haïtiennes et Américaines des droits de l’homme, des femmes, avocats et activistes, basées en Port-au-Prince (Haïti), Saut d’Eau (Plateau Central, Haïti) et Washington, D.C. (2013), available in http://www.ijdh.org/wp-content/uploads/2013/05/EPU- 2016-Droits-des-femmes.pdf — Report of the independent expert on the human rights situation in Haiti, available in http://www2.ohchr.org/ english/bodies/hrcouncil/docs/14session/A.HRC.14.44_fr.pdf — States parties, Haiti, http://www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=48d769192 World Bank GBV Country Profile: HAITI Page 21 — UN Committee on the Elimination of Discrimination Against Women (CEDAW), Concluding observations on the combined fifth and sixth periodic reports of Armenia, 18 November 2016, CEDAW/C/ARM/CO/5-6, available at: https://www.refworld.org/docid/583863b34.html — UN Women Global Database on Violence Against Women. (n.d.). Haiti. https://evaw-global-database.unwomen. org/en/countries/americas/haiti — UN Women Global Database on Violence Against Women. (n.d.). Haiti. https://evaw-global-database.unwomen. org/en/countries/americas/haiti#1 — United Nations Children’s Fund (2011) Early childbearing and teenage pregnancy rates by country. https://data. unicef.org/topic/child-health/adolescent-health/ — United Nations Development Programme (2018)Demographic and Health Surveys, Multiple Indicator Cluster Surveys — United Nations High Commissioner for Refugees (2011) Driven by Desperation Transactional Sex as a Survival Strategy in Port-au-Prince IDP Camps disponible ici. http://www.ijdh.org/wp-content/uploads/2011/12/SGBV-HAI- TI-STUDY-MAY2011.pdf — World Bank (2021). Women, Business and the Law 2021: Haiti. https://wbl.worldbank.org/content/dam/docu- ments/wbl/2021/snapshots/Haiti.pdf Social Sustainability and Inclusion Global Practice, Latin America and the Caribbean Region Published: June 2023