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Haiti

Executive Summary

Haiti is a constitutional republic with a multiparty political system. The most recent national legislative elections were held in November 2016; international observers considered the elections free and fair. Jovenel Moise was elected as president for a five-year term and took office in February 2017. Due to political gridlock and the failure of parliament to approve an elections law and a national budget, parliamentary elections scheduled for October 2019 did not take place. In January parliament lapsed, leaving only 10 senators and no deputies remaining in office, and President Moise began to rule by decree. In March, President Moise appointed Joseph Jouthe as prime minister to head a new government. The president subsequently reappointed or replaced all elected mayors throughout the country when their terms ended in July. As of November the president was the sole nationally elected leader empowered to act, as the 10 senators remaining in office were unable to conduct legislative activities due to a lack of quorum.

The Haitian National Police, an autonomous civilian institution under the authority of a director general, maintains domestic security. The Haitian National Police includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the Haitian National Police. The Superior Council of the National Police, chaired by the prime minister, provides strategic guidance to the national police force. The Superior Council also includes the director general and the chief inspector general of the Haitian National Police, the minister of the interior, and the minister of justice. Civilian authorities generally maintained effective control over security forces. Members of the security forces committed some abuses.

Significant human rights issues included: reports of unlawful and arbitrary killings by gangs allegedly supported and protected by unnamed officials; excessive use of force by police; harsh and life-threatening prison conditions; arbitrary and prolonged pretrial detention; a judiciary subject to corruption and outside influence; physical attacks on journalists; widespread corruption and impunity; lack of investigation of and accountability for violence against women; and the worst forms of child labor.

The government rarely took steps to prosecute government and law enforcement officials accused of committing abuses. There were credible reports that officials engaged in corrupt practices, and civil society groups alleged widespread impunity.

Insufficient steps were taken to apprehend or prosecute gang members, including at least one former police officer, accused of orchestrating killings, rapes, and destruction of property.

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: On March 19, the government declared a national state of emergency due to the COVID-19 pandemic that included a nighttime curfew and movement restrictions during the curfew. The government extended the state of emergency several times and lifted it on July 20. Human rights groups reported the curfew was sometimes applied arbitrarily. On April 24, police stopped a man going to the pharmacy to buy medication for his wife, fined him, and threatened to kill him, the RNDDH reported. Activists also reported the circulation of a video showing police beating a woman, allegedly because she was violating the curfew. On April 28, police officers stopped journalist Georges Allen for supposedly violating the curfew and allegedly assaulted him. The RNDDH reported police made verbal threats against citizens for violating COVID-19 restrictions during the state of emergency, including multiple threats of death.

e. Status and Treatment of Internally Displaced Persons

Following an August 31 gang attack on the Bel Air neighborhood, at least 265 families fled their homes and 785 persons were left homeless, including at least 190 minors, according to the International Organization for Migration (IOM). The government, through its civil protection office, moved to relocate and support the victims, in collaboration with the IOM and NGOs.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for granting refugee status or asylum through Haitian missions or consulates abroad, and the government has established a system for providing protection to refugees. Third-country nationals may petition for asylum through the local office of the UN High Commissioner for Refugees.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally cooperated with human rights groups, although they disagreed at times on the scope of certain human rights problems and the most appropriate means of addressing them. The government generally consulted human rights groups, including the OPC, on legislative matters.

Government Human Rights Bodies: The OPC’s mandates are to investigate allegations of human rights abuse and to work with international organizations to implement programs to improve human rights. The government increased OPC funding by approximately 30 percent in the 2019-20 budget, compared with the previous period. In July the president named former tourism minister Colombe Jessy Menos as the minister-delegate, responsible for human rights.

When in session, the Chamber of Deputies has a justice, human rights, and defense commission and the Senate has a justice, security, and defense commission to cover human rights.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law prohibits rape of men and women but does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years’ forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. The crimes were rarely formally prosecuted and were often settled under pressure from community and religious leaders. The law excuses a husband who kills his wife, her partner, or both if found engaging in adultery in the husband’s home, but a wife who kills her husband under similar circumstances is subject to prosecution.

The law does not classify domestic violence against adults as a distinct crime. Women’s rights groups and human rights organizations reported domestic violence against women remained commonplace. Judges often released suspects arrested for domestic violence and rape.

Victims of rape and other forms of sexual violence faced major obstacles in seeking legal justice as well as in accessing protective services such as women’s shelters. While civil society organizations reported anecdotally that women were more likely to report cases of sexual and domestic violence than in the past, these organizations stated many victims did not report such cases due to social pressure, fear, and a lack of logistical and financial resources. Due to familial responsibilities, victims were usually unable to dedicate the time necessary to follow through with legal proceedings. According to some civil society organizations, many local nonprofit organizations that provided shelter, medical services, psychological services, and legal assistance to victims had to reduce services due to a lack of funding. In rural areas, criminal cases, including cases of sexual violence, were often settled outside of the justice system. In some cases local leaders pressured family members to come to financial settlements with the accused to avoid societal discord and embarrassment. According to judicial observers, prosecutors often encouraged such settlements.

Sexual assault and rape continued to be serious and pervasive societal problems, particularly in socially and economically disadvantaged areas. According to the RNDDH, 20 women were victims of rape in Cite-Soleil between March and July. In another case where gang rape was reported, the victim said her three attackers claimed to be part of the G-9 gang confederation. As of November there were no arrests in these cases.

Authorities stated that 10 women who were sexually assaulted by male inmates during a November 2019 prison riot in Gonaives were subsequently transferred to other facilities for their safety. Authorities declared the culprits had been identified and remained imprisoned.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although it states that men and women have the same rights and obligations. Observers stated sexual harassment occurred frequently. Although authorities stated the government was opposed to sexual harassment, there were no formal governmental programs to combat it on a national scale.

Reproductive Rights: The law recognizes the rights of couples and individuals to decide the number, spacing, and timing of their children; however, regulations, social customs, and economic disparity often made these rights unattainable.

While stigma around seeking or accessing contraception significantly decreased over the past decade and women were far more knowledgeable about contraception, social and economic barriers remained. Cultural and historical barriers persisted in the use of IUDs and contraception more generally, particularly cultural misconceptions and lack of knowledge of proper usage.

The country’s level of unmet need for family planning was 38 percent, and the use of modern contraception was 34 percent. Approximately one-fifth of women of reproductive age used a modern contraceptive method, while more than one-third of married women who wanted to limit or space births did not use any contraceptive method, according to the 2016-17 Demographic and Health Studies (DHS) Report.

Many women and their families maintained a strong preference for giving birth at home with the assistance of matrones (traditional birth attendants) as opposed to giving birth in health facilities with the assistance of skilled birth attendants. The choice may be rooted in a desire for client-centered care–particularly for respectful maternity care–which was otherwise largely unavailable. The government did not allow state institutions to work openly with matrones, a practice that prevented them from acquiring the skills needed to serve as highly skilled birth attendants.

The government has protocols governing the provision of service to survivors of sexual violence. The Ministry of Public Health was responsible for maintaining these protocols and practices; however, donors and NGO partners provided nearly all such care.

The World Health Organization estimated the maternal mortality rate at 480 deaths per 100,000 live births in 2017. The government’s estimate for 2016-17, based on maternal deaths reported by health facilities, was 175 maternal deaths per 100,000 live births. A major cause of maternal deaths was the government’s lack of support for matrones. Other reasons included geographic difficulties in access to health facilities and financial barriers to primary health care. Of the country’s 571 communal sections, 125 had no health facilities. The proportion of births attended by skilled health personnel was 42 percent. The adolescent birth rate for those ages 15-19 years was 140 per 1,000.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women did not enjoy the same social and economic status as men, despite constitutional amendments requiring that women’s participation in national life and in public service (i.e., political candidates, elected officials, and civil servants) be at least 30 percent of the positions.

By law men and women have equal protections for economic participation. Women, however, faced barriers to accessing economic inputs, collateral for credit, information on lending programs, and other resources. Gender discrimination was a major concern. Women were often restricted to certain jobs, such as secretarial or cleaning work, and they faced lower pay as well as barriers when attempting to compete for hiring or promotions on an equal footing with men. Women were largely viewed as more vulnerable to coercive and exploitive practices in the workplace, such as sexual harassment.

Children

Birth Registration: Citizenship is derived through an individual’s parents; either parent may transmit citizenship. Citizenship may also be acquired through a formal request to the Ministry of the Interior. The government did not register all births immediately. Birth registry is free until age two. Approximately 30 percent of children between the ages of one and five lacked birth certificates or any other official documentation. Children born in rural communities were less likely to be documented than children in urban areas.

Education: The constitution was generally interpreted as requiring the government to provide free and compulsory education to all children through grade nine; nonetheless, the government did not effectively enforce this. According to a 2018 report published by the Ministry of Health, in urban areas 65 percent of girls attended school, compared with 58 percent of boys.

Child Abuse: The law prohibits domestic violence against minors. The government lacked an adequate legal framework to support or enforce mechanisms to promote children’s rights and welfare fully. The government made some progress in institutionalizing protections for children.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for males and 15 for females. Early and forced marriage were not widespread customs. Plasaj, or common-law marriage, was common and sometimes used by older men to enter into relationships with underage girls.

Sexual Exploitation of Children: The minimum age for consensual sex is 18, and the law has special provisions for rape of persons who are age 16 or younger. The law prohibits the corruption of persons younger than 21, including through prostitution, with penalties ranging from six months to three years’ imprisonment for offenders. The penalty for human trafficking with aggravating circumstances, which includes cases involving the exploitation of children, is up to life imprisonment.

In May the International Federation of Football Associations (FIFA) suspended Haitian soccer federation president Yves Jean-Bart for 90 days after allegations that he sexually assaulted multiple youth soccer players. Two other top officials, Wilner Etienne and Nela Joseph, were subsequently suspended in August. In November, FIFA’s ethics committee imposed a lifetime ban and a fine of more than one million Swiss francs ($1.1 million) on Yves Jean-Bart. He had not yet been charged with a crime in Haiti.

In October reports emerged that at least 41 girls between ages 13 and 17 at La Prophetie College in Grand-Anse Department became pregnant after sexual abuse. Most of the abusers were reported to be male classmates, but there were also reports of sexual abuse by community members.

Several civil society groups reported impoverished children were often subjected to sexual exploitation and abuse. According to these groups, children were often forced into prostitution or transactional sex to fund basic needs such as school-related expenses. Recruitment of children for sexual exploitation and pornography is illegal, but the United Nations reported criminal gangs recruited children as young as age 10.

Institutionalized Children: The Ministry of Social Affairs and Labor’s Institute of Social Welfare and Research (IBESR) has official responsibility for monitoring and accrediting the country’s orphanages and residential care centers. According to the international NGO Lumos, an estimated 25,000 children lived in the 756 orphanages in the country, of which 45 were licensed by the government. An estimated 80 percent of those children had at least one living parent.

On February 13, a total of 15 children died after fire engulfed an unaccredited orphanage in Fermathe, a community one hour north of Port-au-Prince, which had previously failed multiple inspections. In July lawyers working on behalf of the orphanage offered cash payments to family members of the victims to settle the case.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Section 7. Worker Rights

c. Prohibition of Child Labor and Minimum Age for Employment

The country has ratified all key international conventions concerning child labor and has established laws and regulations related to child labor. Gaps existed, however, in the legal framework to protect children adequately from the worst forms of child labor, including in the identification of hazardous occupations, activities prohibited for children, and the prohibition of forced labor. The worst forms of child labor, including forced child labor, continued to be problematic and endemic, particularly in domestic service. The government did not effectively enforce applicable law, and penalties were not commensurate with those for analogous crimes such as kidnapping. There are no legal penalties for employing children in domestic labor. The law requires employers to pay domestic workers older than age 15, but employers of domestic workers used “food and shelter” as unregulated compensation for workers 15 and younger.

The employment of children younger than 15 in the informal sector was a widespread practice. Children often worked in domestic work, subsistence agriculture, and street trades such as selling goods, washing cars, serving as porters in public markets and bus stations, and begging. Children also worked with parents on small family farms, although the high unemployment rate among adults kept significant numbers of children from being employed on commercial farms.

Working on the streets exposed children to a variety of hazards, including severe weather, vehicle accidents, and crime. Abandoned and runaway restaveks were a significant proportion of children living on the street. Many of these children were exploited by criminal gangs for prostitution or street crime, while others became street vendors or beggars.

The most recent study by the Ministry of Social Affairs and Labor, published in 2015, estimated 286,000 children worked in indentured domestic servitude, a form of trafficking in persons. Such restaveks were often victims of psychological, physical, and sexual abuse. While the IBESR and the HNP’s specialized Child Protection Bureau were responsible for protecting the welfare of children, their effectiveness was limited. Restaveks were exploited by being forced to work excessive hours at physically demanding tasks without commensurate pay or adequate food, being denied access to education, and being subjected to physical and sexual abuse.

Girls were often placed in domestic servitude in private urban homes by parents who were unable to provide for them, while boys more frequently were exploited for farm labor. Restaveks who did not run away from families usually remained with them until age 14. Many families forced restaveks to leave before age 15 to avoid paying them wages as required by law. Others ignored the law, often with impunity.

The minimum age for employment in industrial, agricultural, or commercial companies is 16. The minimum age does not apply to work performed outside a formal labor agreement. Children age 12 and older may work up to three hours per day outside of school hours in family enterprises, under supervision from the Ministry of Social Affairs and Labor. The law allows children 14 and older to be apprentices, but children ages 14 to 16 may not work more than 25 hours a week as apprentices. The law states it is illegal to employ children younger than 16, but it is unclear whether the provision supersedes older statutes that create the sectoral exceptions mentioned above. In addition it is unclear whether there is a minimum age for domestic workers.

The law prohibits anyone younger than 15 from performing any work that is likely to be hazardous; interferes with their education; or is harmful to their physical, mental, spiritual, moral, or social health and development, including the use of children in criminal activities. The law prohibits minors from working in dangerous or hazardous conditions such as in mining, construction, or sanitation services. The law prohibits night work in industrial enterprises for children younger than 18. The law doubles penalties for employing underage children at night. Prohibitions related to hazardous work omit major economic sectors, including agriculture. According to a BWH report covering April 2019 to March, all apparel factories complied with child labor law.

Persons between ages 15 and 18 seeking employment must obtain authorization from the Ministry of Social Affairs and Labor unless they work in domestic service. The law stipulates penalties for failure to follow procedures, such as failing to obtain authorization to employ persons between ages 15 and 18, but it does not penalize the employment of children. The penalties were not sufficient to protect children from labor exploitation. The government did not effectively enforce the law.

The IBESR is responsible for enforcing child labor law. The IBESR and the Brigade for the Protection of Minors (BPM), a unit within the HNP, responded to reports of abuse in homes and orphanages where children worked. The government did not effectively enforce applicable law, and penalties were not commensurate with those for analogous crimes, such as kidnapping. The government did not report on investigations into child labor law violations or the penalties imposed. Although the government and international donors allocated supplemental funds for the IBESR to acquire new administrative space and hire more staff, the IBESR lacked the programs and legislation needed to eliminate the worst forms of child labor.

The National Tripartite Committee, organized by the government to help develop national policy on child labor, updated the list of hazardous work for children younger than age 18 in accordance with the International Labor Organization. The hazardous work list was not ratified because parliament lapsed in January.

The BPM is responsible for investigating crimes against children, and it referred exploited and abused children to the IBESR and partner NGOs for social services. Although it has the authority to respond to allegations of abuse and to apprehend persons reported as exploiters of child domestic workers, the BPM struggled to investigate cases involving the practice of restavek successfully. These investigations were difficult because no specific law protects restavek victims and the BPM must rely on other law, such as law against human trafficking, to investigate such cases.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/ .

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