Northern Haiti: towards justice access for sexual gender violence survivors

^{View of participants attending the mobile court held in Limbe, the southern jurisdiction of Cap-Haitien. Photo: UN Women}

Never before had litigants, coming from the remote communal sections of Quartier Morin, Limbé, and Fort-Bourgeois, had access to justice so close and free of charge. Often, the distance means that people spend hours traveling to a Justice of the Peace court; the high cost of justice; the fear of reprisals; and the extreme slowness of the decisions –all these factors summarize the reality that prevails in these areas, thus limiting access to justice and the exercise of rights .

An entire judicial apparatus – comprisinf of thejustices of the peace and clerks of the courts of the southern and northern districts of Cap-Haitien, Court of first instance and court of appeals representatives, lawyers from the Legal Assistance Bureau (BAL) and the Citizen Protection Office (OPC), Gender-Based Violence (GBV) unit of the Ministry for the Status of Women and Women's Rights (MCFDF), GBV unit of the National Police of Haiti (PNH), GBV unit of the Bureau for the Protection of Minors (BPM), women's rights organizations including AFASDA and AFM, psychologists, social workers, local elected officials, community leaders, –mobilizes with a competent team , to operate as a real court at each mobile court session and travel to the most remote neighborhoods of litigants, thereby making justice accessible to all.

Nearly 224 participants, including 113 women, were reached by the three mobile courts and attended awareness sessions. More than ten (10) cases of violence were recorded and addressed during individual hearings held behind closed doors, outside of the mobile courts. These cases, currently being handled by the BAL lawyers, will soon be referred to a higher level for appropriate legal follow-up and action. The most frequently reported cases of violence include assault, parental irresponsibility, and physical and verbal abuse.

In a context marked by widespread impunity coupled with weak judicial and law enforcement institutions , and limited access to psychosocial assistance, these mobile courts provided an opportunity not only to hear and register cases of gendered-based violence (GBV) and address complaints, but also to raise public awareness a about GBV, the functioning of the judicial system, and legal remedies available to promote changes in behavior and social norms.

A gender and human rights-centered approach

The idea of a mobile court is not new. However, UN Women's approach prioritizes local justice systems and cases of gender-based violence (GBV). The aim is to bring access to justice closer to rural populations to address cases of domestic and sexual violence. Judicial actors, now organized as the "Gender Justice Coordination" mechanism, have embraced this approach with the goal of bringing light to long-standing cases of gender-based violence and facilitating their expedited processing. UN Women and UNDP therefore facilitates access to justice through mobile courts grounded ina gender-responsive and human rights-based approach. This ensures that GBV victims receive active support through the established coordination mechanism, and that cases are referred to the Public Prosecutor's Office when necessary.

By tackling all forms of violence against women and girls, the mobile courts initiative more broadly embodies the spirit of UN Women's mandate to promote equality for women before the law, regardless of where they come from or reside.

Mobile courts and their awareness sessions are a powerful tool for advancing justice in northern Haiti, empowering vigilantes to resolve disputes related to gender-based and sexual violence in alternative ways. They promote an increase in the number of sexual and gender-based violence cases prosecuted, ensuring equal treatment and no discrimination.

Commitment of justice actors

The steering committee of the pilot initiative to support the fight against GBV impunity, through a gender-sensitive model jurisdiction funded by UNDP and implemented by UN Women, is comprised by the Ministry of Justice, the National Legal Aid Council, the Citizen Protection Office, and the Legal Assistance Bureau, among others.

The partners were mostly dynamic and highly engaged. AFASDA (Association Femmes Soleil D’Haiti) and AFM (Association des femmes de Madeline), two civil society organizations, deployed entire teams on the ground to support the initiative.

The Ministry for the Status of Women and Women's Rights through its North Departmental Director, Philoria Mompoint, the judges and clerks representing the courts of the two sections of Cap-Haitien (South and North), the Haitian National Police through its GBV cell, and the Brigade for the Protection of Minors, all showed themselves mobilized for the success of the three mobile courts.

For mobile courts facilitation, the Northern justice and gender coordination planned spaces, churches, or schools, and facilitated, not without sacrifice, the mobilization of rural populations with the support of local elected officials and neighborhood presidents.

Judithe Aristil is one of the CASEC (Municipal Section Board of Directors) of the 1st communal section of Haut Limbé.

“I am pleased with this mobile court set up here in Haut Limbé, because most of the population didn't know where to go to find solutions to harm and violence. All we knew was to go to the Limbé Magistrate's Court, but going there would cost money we don't have. Today we learned that AFASDA and a legal assistance office are available and can facilitate the process,” said Judithe Aristil, CASEC of Haut Limbé, who added that in this communal section, women suffer greatly from cases of paternal irresponsibility. “When men shirk their parental responsibilities, women endure hardship by working harder and even resorting to begging to be able to take care of their abandoned children,” she continued.

To improve access to justice, UN Women plans to establish a total of 17 mobile courts in the North, with the strong support of its partners, and to expand to two more departments where GBV records are extremely high. The areas most affected include Quartier Morin, Limonade, Milot, Acul-du-Nord (including Soufriere), Grison Garde, Camp-Louise, Limbé (including Camp-Coq), Bas Limbé, Plaisance, Pilate, Borgne, among others.

UN Women has made this initiative one of the key opportunities to fulfill its triple mandate by constantly renewing its commitment to strengthening access to justice for more women and girls across the country.