BackThe Office de la Protection du Citoyen (OPC) was established by the Presidential Decree of 16 October 1995 pursuant to Art. 207 (3) of the Haitian Constitution 1987. Under these provisions, the OPC’s mandate comprises the protection of individuals “against any form of abuses by the Public Administration”. Due to another law passed in 2012, the institution became a National Human Rights Institution in accordance with the Paris Principles. The new law regulated the OPC’s organization as well as functions with the effect of strengthening its capacity to fully and effectively promote and protect human rights.
In order to fulfil its mission to protect individuals against all forms of maladministration, the OPC has the competence to intervene on its own initiative or at the request of any individual or group of individuals, whenever there may be a case of maladministration or a human rights violation by an act, omission or negligence committed or sanctioned by any organ of the public administration.
The actual incumbent, Ms Florence Elie, has been appointed in October 2009 by Decree of the President of the Republic after being chosen by consensus between the President of the Republic, the President of the Senate and the Speaker of the House of Representatives from a list of names submitted by the two chambers of Parliament. Her term of seven years can’t be renewed.
According to the law, it is essential that the Protector of Citizens is completely neutral regarding political influences, impartial as well as independent. This means that the incumbent is neither subject to the hierarchical administrative control nor to institutional supervision and he/she is protected from prosecution, investigation, arrest or detainment while exercising his/her functions. The Protector’s independence also refers to his/her relationships with public authorities and individuals who are to be defended or protected.
Furthermore, the OPC has the right to access to all places of detention, in police commissariats as well as in prisons, while exercising its duties. However, the Protector is obligated to maintain the confidentiality of any information obtained in the course of the investigations. In the following, the OPC has the right to deliver recommendations concerning its findings, to compose any advice, proposal or report and distribute them widely after submitting them to the competent authorities.
At the end of every fiscal year, the OPC has to provide a report with regard to human rights and the respect of the rights of individuals by the Public Administration. This report is to be presented to the President of the Republic and to both chambers of Parliament.
Following recommendations by the Secretary General and the competent Regional President and in conformity with the advice by the Executive Committee, the Board of Directors acknowledged that the Office de la Protection du Citoyen fulfilled the IOI criteria for Voting membership set out in Article 6 (2) of the IOI By-laws and decided to accept the Office de la Protection du Citoyen as Voting member of the IOI.
