Author: Noor Afrose, LLM
November 19, 2024
Introduction
Haiti is suffering from a surge of gang violence that ramped up early in 2024 and is causing widespread fear in and around Port-au-Prince, the capital city. Port-au-Prince’s authorities are overwhelmed by rapid reports of deaths, injuries, and human rights abuses occurring daily. In October, at least 109 people were killed and over 40 were injured in a vicious assault on the town of Pont-Sonde. As the country grapples with an unprecedented human rights crisis, recent United Nations (UN) reports indicate that gangs now dominate approximately 80 percent of Port-au-Prince. Haiti faced gang violence for many years, but the situation is worsening rapidly after the assassination of President Jovenel Moise in 2021. Moïse was accused of trying to illegally extend his presidency. His assassination left an interim leader, then Prime Minister Ariel Henry. However, many Haitians quickly began to doubt his leadership, especially when he postponed Haiti's presidential and legislative elections indefinitely. Gradually, calls for Henry's resignation spread from gang leaders. He eventually resigned in April 2024, transferring power to a transitional presidential council. On June 3, 2024, Garry Conille was inaugurated as Prime Minister. This leadership change did not stabilize the country politically, and due to elections still being delayed, local gangs’ control is consistently expanding. Nearly 200 gangs are now operating in Haiti, with around half controlling areas within the capital via the use of increasingly brutal tactics such as murder, kidnapping, sexual violence, and arms trafficking. This article analyses the human rights situation in Haiti amidst the ongoing gang violence which affects nearly all urban areas of the country.
Erosion of Civil Rights and Social Security
In Haiti, gang violence marked a horrific period from early this year through June 2024, resulting in at least 3,661 deaths. A recent report by the UN Office of the High Commissioner for Human Rights (OHCHR) indicates that more than 893 people were kidnapped in the West and great Artibonite departments. Most violence occurred in the capital, Port-au-Prince, where armed criminal groups launched random attacks on both residential neighbourhoods and public areas. Anyone opposing the gangs faced the very real threat of murder and mutilation—images of the bodies circulating on social media only contributes to even more widespread fear of gang activity. Residents have used boats to flee the growing danger, but gangs are beginning to extend their reach over waterways by hijacking boats transporting goods and subsequently endangering civilians’ lives. This violence threatens not only the physical safety of Haitian residents, but also undermines basic human rights and social order—journalists face threats, and human rights defenders and police are at risk; homes, schools, health centres, and businesses are being destroyed. This ongoing violence severely violates Haiti's commitments as a state party to international treaties safeguarding human rights, especially the International Covenant on Civil and Political Rights (ICCPR), particularly Article 6 (right to life) and Article 9 (right to security). These articles emphasise the right of everyone to live without violence and in safety. Through checkpoints and blockades, gangs unjustly limit civilian movement. Furthermore, by economically exploiting individuals, they disrupt social and economic stability, violating the right to an adequate standard of living as outlined in Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR). This surge of violence, predatory threats, and intimidation instills terror in communities daily, causing essential structures such as justice systems, social security, and public health to collapse.
Controlling Women Through Gender-Based Violence
Gender-Based Violence (GBV) is utilised as a weapon in conflict zones to instill fear—and this includes Haiti. Since January 2024, gang violence has increased, worsening the already challenging situation for women and girls across the country. According to the United Nations Population Fund (UNFPA), at least 1.2 million Haitian women and girls urgently need protection from GBV. Gangs frequently use sexual violence to propagate terror, exert control, and punish communities, reports OHCHR. Victims include women and girls who have experienced gang rape in their homes or while navigating areas dominated by gangs on their way to work or school. A new report from UN Women examines the consequences of widespread sexual and gender-based violence, noting that around 580,000 Haitians live in camps with insufficient security due to gang violence, most of whom are internally displaced—this statistic raises significant concerns for women and girls who remain at extremely high risk of sexual and domestic violence.
Gender-based violence is increasingly common due to the nation’s overarching financial struggles; about 88.1% of displaced women and 82.8% of men are currently without income. Some women resort to sex work for survival due to limited resources. Plan International has noted a rise in early and forced marriages as economic stress increases. Children are more vulnerable due to poverty and food scarcity, with over half of school-aged kids out of school, often because of the high threat of gender-based violence. Haiti's situation breaches several international agreements, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Haiti has signed. CEDAW Article 1 forbids violence against women as discrimination. ICCPR also assures rights to safety and protection, which Haiti is not providing as communities suffer from terror, exploitation, and deprivation caused by gang activities. The CEDAW Committee’s General Recommendation No. 30 outlines actions for countries in conflict, emphasising the need for justice access, gender-sensitive investigations, and special training for police and military. However, Haiti's conditions show a serious violation of these responsibilities; law enforcement fails to protect women and girls and leaves communities to endure ongoing and compounded trauma.
Gang Violence and Child Exploitation
OHCHR reports that at least 57 children, including multiple infants, were killed or injured during gang attacks between January 2024 and June 2024. Many of these children are now unaccompanied due to being separated from their families or being orphaned, and they are at even more risk of further exploitation due to their fundamental lack of protection. These children are reported to be exposed to severe protection risks such as forced recruitment, and sexual abuse. Haitian children, particularly girls, are being fiercely recruited to join the gangs that have been ravaging the country for years now, and they mostly end up in forced domestic servitude and are facing regular violence as a result of gang activity, according to an October 2024 report by Human Rights Watch (HRW). With poverty and hunger as the main drivers, hundreds –if not thousands– of children have had to join gangs, forced into carrying out criminal activities from extortion to crimes against other people, including kidnapping or even murder, HRW said. International law protecting children prohibits the recruitment of child soldiers. Article 38 of the United Nations Convention on the Rights of the Child (UNCRC) specifically forbids making children involved in armed conflicts. Similarly, the worst forms of child exploitation that are required to be banned and eliminated around the world entail forced labour, such as those practices recognised by the International Labour Organisation’s Convention No. 182 (International Labour Organisation, 2016), which calls for member states to protect children from recruitment and use in violent situations where they are enslaved. However, these laws exist in a context with no actual state protection for Haitian children; instead, gangs take advantage of the basic needs of food, security, and stability that many of these minors require.
Denial of Access to Education
As armed gangs rampage through Port-au-Prince and nearby areas, hundreds of schools shut down and about 156,000 students subsequently missed crucial class time by June 2024. In January, 900 schools closed temporarily, and February saw coordinated gang attacks on police stations and a major prison break releasing 4,500 inmates, prompting another wave of closures. By March, high violence levels had displaced nearly 362,000 individuals, with many sleeping in public areas like schools. Haiti's educational system is suffering, with some classrooms serving as makeshift homes and playgrounds turning into tent cities, delaying the new school year until October. This crisis violates universal human rights standards, particularly the right to education recognised by Article 26 of the Universal Declaration of Human Rights (UDHR) and Article 28 of the UNCRC. Denying children their educational rights entrenches trauma, perpetuates cycles, normalises violence, and teaches them from an early age that violence is a survival tactic. In environments where children witness violence, these patterns can become entrenched, leading to generational cycles of violence.
International Response
In the past few years, international engagement in Haiti has further intensified, especially through the UN focusing its initiatives on what are growing security challenges and national gang violence, despite their inability to bring peace. A key part of this has been the Multinational Security Support (MSS) mission, approved by the United Nations Security Council (UNSC) in conjunction with a mission led by Kenya and spearheaded by the U.S. The MSS aims to restore order in Haiti, with 1,500 Kenyan police officers and additional personnel from countries like the Bahamas and Benin providing vital support to Haitian security forces. In October 2024, Kenya announced 600 more police officers to add to the existing 400 in Haiti, while President William Ruto backed the change from support into a full UN peacekeeping mission. Despite this commitment not having been a constitutional requirement in Kenya, there has been debate regarding its apparent constitutionality within the country, and the mission remains under-resourced.
Additionally, a central element of the UN’s strategy involves sanctions set forth in Resolution 2653. This comprehensive strategy, which consists of arms embargoes and sanctions against key actors like G9 gang coalition leader Jimmy Chérizier, targets criminal groups and individuals who drive the violence. Still, its implementation is slow— only one person has been sanctioned since it became law. Meanwhile, in October 2024, the UNSC voted unanimously to expand its arms embargo against Haiti due to "serious concern" over the country's unprecedented levels of gang violence. The embargo has been broadened to apply to all arms and ammunition, hoping to alleviate some of the many current crises Haiti faces. Also, during the UNSC gathering in October 2024, some nations shared their positions on the present turmoil in Haiti, emphasising that circumstances need to be stabilised and closely coordinated assistance is needed. The U.S. representative urged Haitian leaders to come together to allow for free elections, and the U.K. boasted about its funding as part of a bid to "help ensure compliance with human rights requirements within the mission." Russia also expressed concern about NATO-standard weapons being on the loose in Haiti, particularly from the U.S., while Japan and France stressed their input. China and other countries said that the problem in Haiti is systemic and that stability could not be achieved without tackling violent extremists or hopeless poverty. Both the MSS mission and the international sanctions are regarded as steps in the right direction, yet neither has accomplished what proponents believe should be their overriding purpose. MSS missions grapple with inadequate resources, blurred mandates, and shallow deployments, while sanctions continue to neglect the vast criminal networks that underpin instability.
Path Forward for Human Rights Protection in Haiti
Boost international monitoring and accountability measures: International organisations such as the United Nations and the Inter-American Commission on Human Rights (IACHR) should ramp up oversight of human rights behaviour in Haiti. In particular, the IACHR could conduct regular investigations and documentation of abuses to ensure accountability and engage in ongoing conversations with the government of Haiti requesting detailed plans of action on human rights protections.
Impose broader sanctions: Further sanctions on local gang leaders and their elite backers will help undermine gang financing and influence. Swift action, such as locking down Haiti’s borders and ports to stop the import of weapons, is an urgent first step.
Innovate solutions through community engagement and empowerment: International organisations should channel their human rights work at the local level, targeting the most critical social problems by investing in innovative community-based solutions to reflect individual’s needs. This might include backing human rights defenders and grassroots organisations that are teaching communities about their rights and how to report abuses. Citizens can be empowered through workshops and advocacy campaigns to build resilience against human rights violations and make collective efforts to fight against corruption and abuse.
Glossary
Arms embargo: A restriction or ban imposed by governments or international bodies on the trade and sale of weapons to specific countries or groups to prevent conflict or escalation of violence.
Arms trafficking: The illegal trade, smuggling, and distribution of firearms and ammunition, often linked to organized crime and violence.
Artibonite departments: A region in Haiti known for its agricultural production, especially rice, and often affected by gang violence and blockades.
Blockades: Obstructions or restrictions, often by armed groups, that prevent movement or access to resources, supplies, or areas, typically used as a tactic in conflicts or territorial control.
Displaced: Referring to individuals or groups forced to leave their homes due to violence, conflict, or other threats, often resulting in them becoming refugees or internally displaced persons (IDPs).
Economic extortion: The act of demanding money or resources from individuals, businesses, or communities through threats or coercion, usually by organized groups or gangs.
Entrenches: To firmly establish or embed a practice, behavior, or situation, often making it difficult to change or remove.
G9 Gang: A coalition of Haitian gangs formed in Port-au-Prince, known for controlling certain neighborhoods and engaging in criminal activities like violence, blockades, and economic extortion.
Gang violence: Criminal acts committed by members of organized groups, often to control territories or illegal activities, which can include physical assaults, drug trafficking disputes, and turf wars.
Gender-based violence: Violence directed at individuals based on their gender, often affecting women and girls disproportionately, and may include physical, sexual, or psychological harm.
Propagate: To spread or promote ideas, practices, or activities widely, often through communication or influence.
Surge: A sudden increase in the amount or number of something, often associated with a rapid rise in activity or intensity.
Unprecedented: Referring to something never done or experienced before, often implying a scale or level not previously encountered.
Sources
$1.2 billion needed in urgent UNFPA appeal for women’s and girls’ sexual and reproductive health and rights in 2024. (n.d.). United Nations Population Fund. https://www.unfpa.org/news/12-billion-needed-urgent-unfpa-appeal-women%E2%80%99s-and-girls%E2%80%99-sexual-and-reproductive-health-and
ACLED, InSight Crime, Flowminder Foundation, Mercy Corps, BINUH, WCP, UNICEF, US DOS, BBC, Jamaica Observer, Reuters, OCHA, AJ, Africanews, AP, ABC, FEWS NET, EFE, Kenyans, & DW. (2024). Impact of conflict on children and youth. In Thematic Report. https://www.acaps.org/fileadmin/Data_Product/Main_media/20240930_ACAPS_Haiti_-_Impact_of_conflict_on_children_and_youth.pdf
AfricaNews. (2024, June 4). Haiti: Garry Conille sworn in as Prime Minister. Africanews. https://www.africanews.com/2024/06/04/haiti-garry-conille-sworn-in-as-prime-minister/
BBC News. (2023, February 1). Haiti president’s assassination: What we know so far. https://www.bbc.com/news/world-latin-america-57762246
Editor. (2024, October 14). 600 More Kenyan Cops Packing Bags For Haitian Tour. - The St Kitts Nevis Observer. The St Kitts Nevis Observer. https://www.thestkittsnevisobserver.com/600-more-kenyan-cops-packing-bags-for-haitian-tour/
Gang violence in Haiti puts girls at risk - Plan International. (2024, March 6). Plan International. https://plan-international.org/news/2024/03/05/gang-violence-haiti-puts-girls-risk/
Getting children back to school in deadly gang-ravaged Haiti. (2024, April 8). UN News. https://news.un.org/en/story/2024/04/1148306
Haiti: Criminal Violence, Hunger Trapping Children. (2024, October 15). Human Rights Watch. https://www.hrw.org/news/2024/10/09/haiti-criminal-violence-hunger-trapping-children
Jazeera, A. (2024a, April 25). Haiti Prime Minister Ariel Henry resigns, transitional council takes power. AlJazeera. https://www.aljazeera.com/news/2024/4/25/haiti-prime-minister-ariel-henry-resigns-transitional-council-takes-power
Jazeera, A. (2024b, September 27). At least 3,661 killed in ‘senseless’ Haiti gang violence this year: UN. AlJazeera. https://www.aljazeera.com/news/2024/9/27/at-least-3661-killed-in-senseless-haiti-gang-violence-this-year-un
Jazeera, A. (2024c, October 19). UN expands Haiti arms embargo to all types of weapons. Al Jazeera. https://www.aljazeera.com/news/2024/10/19/un-expands-haiti-arms-embargo-to-all-types-of-weapons
Kestler-D’Amours, J. (2024, March 13). Who are Haiti’s gangs and what do they want? All you need to know. Al Jazeera. https://www.aljazeera.com/news/2024/3/13/who-are-haitis-gangs-and-what-do-they-want-all-you-need-to-know
Le Cour Grandmaison, R., Oliveira, A. P., Herbert, M., & Global Initiative Against Transnational Organized Crime. (2024). A CRITICAL MOMENT: HAITI’S GANG CRISIS AND INTERNATIONAL RESPONSES [Report]. Global Initiative Against Transnational Organized Crime. https://globalinitiative.net/wp-content/uploads/2024/02/Romain-Le-Cour-Grandmaison-Ana-Paula-Oliveira-and-Matt-Herbert-A-critical-moment-Haitis-gang-crisis-and-international-responses-GI-TOC-February-2024.pdf
Rights chief calls for international help to provide ‘way out of chaos’ in Haiti. (2023, September 28). UN News. https://news.un.org/en/story/2023/09/1141612
Rising Displacement, Criminal Gangs and Corruption Continue to Plague Haitian Life, Slowing Democratic Reform, Speakers Tell Security Council | Meetings Coverage and Press Releases. (2024, October 22). https://press.un.org/en/2024/sc15859.doc.htm
S/RES/2699. (n.d.). Security Council Report. https://www.securitycouncilreport.org/un-documents/document/s-res-2699.php
UN Women. (2024). Addressing Haitian Women’s Particular Needs Through Their Leadership Role. In A Un Women Rapid Gender Assessment of Haiti. https://www.unwomen.org/sites/default/files/2024-07/Addressing-Haitian-womens-particular-needs-through-their-leadership-role-en.pdf
United Nations. (2013). General recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations. In Convention on the Elimination of All Forms of Discrimination Against Women. https://www.ohchr.org/sites/default/files/Documents/HRBodies/CEDAW/GComments/CEDAW.C.CG.30.pdf
United Nations. (2013). General recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations. In Convention on the Elimination of All Forms of Discrimination Against Women. https://www.ohchr.org/sites/default/files/Documents/HRBodies/CEDAW/GComments/CEDAW.C.CG.30.pdf