Ratification Kit
Haiti
Why is it important for Haiti to ratify
the United Nations Protocol to
abolish the death penalty?
Haiti abolished the death penalty for all
crimes. Article 20 of the Constitution of Haiti
provides that the death penalty is abolished in
all cases. The last known execution took place
in 1972.
As the Constitution is the legislative reflection
of a country’s supreme values, those which
abolish the death penalty in their Constitution
demonstrate the importance they attach to this
issue.
Ratification of the Second Optional Protocol
to the International Covenant on Civil and
Political Rights (ICCPR) is extremely
important, both nationally and locally, because
it is the only text with worldwide reach aiming
to abolish the death penalty.
Ratifying the Protocol is a very symbolic act,
reflecting the universal trend towards abolition
of capital punishment, considered to be cruel,
inhuman or degrading treatment. It is essential
that the world’s abolitionist countries ratify
this Protocol.
What are the international
commitments already taken by Haiti
to ratify the Protocol?
Haiti also demonstrated its commitment as
regards abolition of the death penalty by voting
in favor of the eight UN General Assembly
resolutions for a moratorium on the use of
the death penalty in 2007, 2008, 2010, 2012,
2014, 2016, 2018 and 2020. Haiti has
cosponsored all resolutions since 2010.
Haiti participated in the Universal Periodic
Review of the Human Rights Council in 2016
and noted, then accepted the recommendations
to ratify the Second Optional Protocol to the
International Covenant to Civil and Political,
aiming at the abolition of the death penalty.
The Human Rights Council would inevitably
commend Haiti if it ratified the Protocol prior
to its next review.
In its Concluding Observations in 2014, the
Human Rights Committee recommended
that Haiti consider ratifying the the Second
Optional Protocol to the ICCPR.
What is the procedure to be
followed as regards internal law?
According to Article 7.2 of the Protocol, it “is
subject to ratification by any State that has
ratified the Covenant or acceded to it.” Haiti
acceded to the International Covenant on
Civil and Political Rights in 1991 and is
therefore competent to ratify this Protocol.
Among the obligations incumbent upon Haiti
following ratification of the Protocol are the
prohibition of executions and withdrawal of
the death penalty from internal criminal
law. These two obligations have already been
fulfilled by Haiti. It may consequently
unreservedly ratify the Protocol.
The President of the Republic is entitled to sign
international treaties, and shall submit them to
the National Assembly for ratification (Article
98.3 and 139 of the Constitution).
The instruments of ratification must then be
deposited with the UN Secretary-General
(Article 7.2 of the Protocol).
What are the legal obstacles to
ratification?
There is no legal obstacle as the death penalty
was abolished in law.
We therefore encourage Haiti to ratify this
Protocol as soon as possible.
How can ratification to the Protocol
be implemented?
The Protocol shall come into force three
months after the instruments of ratification
have been deposited with the UN Secretary-
General (Article 8.2 of the Protocol).
According to Article 3 of the Protocol, Haiti
must submit reports to the Human Rights
Committee covering the measures it has
adopted to give effect to the Protocol.
The World Coalition Against the Death
Penalty also encourages Haiti to ratify the
Protocol to the American Convention on
Human Rights to abolish the death penalty.
For more information, contact the World Coalition Against the Death Penalty or visit its
website: http://www.worldcoalition.org/protocol
