Human Rights Report 2006

Trafficking in Persons Report

Haiti (Special Case)

Released by the Office to Monitor and Combat Trafficking in Persons
June 5, 2006

HAITI

Haiti has been in transition since widespread violence and political instability led to the resignation of former president Jean-Bertrand Aristide in February 2004. An interim government, the Interim Government of Haiti (IGOH), was established in March 2004 with a mandate to organize presidential and legislative elections. Throughout the period, the IGOH struggled to address rampant crime and insecurity, and general political instability; elections, originally scheduled to take place in November 2005, were postponed until February 2006. The IGOH was inhibited from addressing the country’s trafficking challenges by a significant lack of resources, the absence of an effective, well-trained or equipped national police force, and an almost completely dysfunctional judiciary system. Additionally, Haiti lacked a parliament and basic local government structures to enact and effectuate legislation, including anti-trafficking laws. Haiti is being placed among special cases for 2006 in recognition of its transitional status and the fact that an effective government must be put in place before Haiti can address its trafficking challenges. The following background and recommendations are provided to help guide officials of the new government.

Scope and Magnitude. Haiti is a source, transit, and destination country for men, women, and children trafficked for the purposes of sexual exploitation and forced labor. The majority of trafficking in Haiti involves poor mothers giving custody of their children to more affluent families in the hope that they will receive an education and economic opportunities. The practice, known as "restavek," is widespread and often involves sexual exploitation, physical abuse, and youths being subjected to conditions of involuntary servitude, a severe form of trafficking in persons. Haitian officials estimate between 90,000 to 120,000 children are "restaveks," while UNICEF and other international organizations estimate the numbers are significantly higher. There is also cross border human trafficking between Haiti and the Dominican Republic. Women and girls are trafficked into Haiti for sexual exploitation; Haitians are trafficked to the Dominican Republic for forced labor. International organizations estimate that up to 3,000 Haitian children are trafficked to the Dominican Republic each year. Haiti is also source and transit country of illegal migration.

Areas for Improvement. Once in place, the new Haitian Government should work to strengthen the capacity of the Haitian National Police (HNP) and the Brigade for the Protection of Minors (BPM) to investigate and prosecute all crimes, including trafficking cases. The government should invest in its social welfare agencies (IBESR) to improve their ability to identify, refer, and provide services to children working as "restaveks." Additionally, the government should make strong efforts to improve its judiciary to allow for the effective prosecution and adjudication of trafficking cases; promote and support civil society organizations concerned with trafficking issues; and work with the Dominican Republic to improve security and aid potential trafficking victims along the border. Finally, Haiti should enact comprehensive anti-trafficking legislation that defines and penalizes the crime of trafficking in persons.