Haiti by The Advocacy Foundation, Inc.

The e-Advocate Legal Missions International Luke 21:11 | Mark 13:8 Matthew 24:7

Haiti

“Helping Individuals, Organizations & Communities Achieve Their Full Potential”

Vol. VII, Issue XXI – Q-1 January| February| March 2021

The Advocacy Foundation, Inc. Helping Individuals, Organizations & Communities Achieve Their Full Potential

Legal Missions International The Republic of

Haiti

â&#x20AC;&#x153;Helping Individuals, Organizations & Communities Achieve Their Full Potential 1735 Market Street, Suite 3750 Philadelphia, PA 19102

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Biblical Authority ______

Luke 21:11 (NIV) 11

There will be great earthquakes, famines and pestilences in various places, and fearful events and great signs from heaven. ______

Mark 13:8 (NIV) 8

Nation will rise against nation, and kingdom against kingdom. There will be earthquakes in various places, and famines. These are the beginning of birth pains. ______

Matthew 24:7 (NIV) 7

Nation will rise against nation, and kingdom against kingdom. There will be famines and earthquakes in various places.

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Table of Contents The Republic of Haiti

Biblical Authority I.

Introduction

II.

History

III.

Geography

IV.

Politics & Government

Demographics

VI.

The Haitian Economy

VII. Haitian Culture VIII. Education IX.

Health Conditions

Sports Attachments A: The Haitian Legal System – Judicial Organization B: An Overview of the Haitian Justice System

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Introduction Haiti (Haïti [a.iti]; Haitian Creole: Ayiti [ajiti]), officially the Republic of Haiti (République d'Haïti; Repiblik Ayit), is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. In addition, Haiti also occupies small satellite islands known for tourists, including; Île-à-Vache (Cow Island), which includes Port Morgan and Abaka Bay resorts. In French, the country's nickname is La Perle des Antilles (The Pearl of the Antilles), because of its natural beauty. It is the most mountainous nation in the Caribbean and the country's highest point is Pic la Selle, at 2,680 metres (8,793 ft). By area, Haiti is the third largest Caribbean nation (after Cuba and the Dominican Republic), with 27,750 square kilometres (10,714 sq mi) (roughly the size of the U.S. state of Hawaii or the country of Belgium). By population, Haiti is the second most populous Caribbean nation, with an estimated 10.7 million people, just under a million of whom live in the capital city, Port-au-Prince. Haiti's regional, historical, and ethno-linguistic position is unique for several reasons. Originally inhabited by the indigenous Taíno people, the island was first discovered by Christopher Columbus during his first voyage across the Atlantic in 1492. When Columbus first landed in Haiti (western Hispaniola), he had thought he had found India or Asia. His flagship, the Santa Maria, sank after running aground on 25 December in the north coast of present-day Haiti. Deciding to establish a settlement in the area, a contingent of men were left at an outpost christened La Navidad, because the wreck occurred on Christmas, north of what is now Limonade Gaining its independence in 1804, Haiti was the first independent nation of Latin America and the Caribbean, the second republic successful in a war of independence against a European colonial power in the Americas, the only nation in the western hemisphere to have defeated three European superpowers (Britain, France, and Spain), and the only nation in the world established as a result of a successful slave revolt. The rebellion, begun in 1791, was led by a former slave and the first black general of the French Army, Toussaint Louverture, whose military genius and political acumen transformed an entire society of slaves into the independent country. Upon his death in a prison in France, he was succeeded by his lieutenant, Jean-Jacques Dessalines, who declared Haiti's sovereignty and later became the first emperor of Haiti, Jacques I. Its successful revolution by slaves and free people of color lasted nearly a decade; and apart from Alexandre Pétion, the first President of the Republic, all the first leaders of government were former slaves. The largest fortress in the Americas, the Citadelle Laferrière, was built by former slave Henri Christophe and first king of Haiti, Henri I, in order to withstand a possible foreign attack. Page 7 of 74

With 10.4 million people, Haiti is the most populous full member-state of the Caribbean Community (CARICOM). The country is also a member of the Latin Union. In 2012, Haiti announced its intention to seek associate membership status in the African Union. It has the lowest Human Development Index in the Americas. Political violence has occurred regularly throughout its history, leading to government instability. Most recently, in February 2004, a coup d'état originating in the north of the country forced the resignation and exile of President Jean-Bertrand Aristide. A provisional government took control with security provided by the United Nations Stabilization Mission in Haiti (MINUSTAH). Michel Martelly, the current president, was elected in the 2011 general election.

Etymology The name Haïti comes from the indigenous Taíno language. It is the French spelling for the original word Ayiti, which was the native name given to the entire island of Hispaniola to mean, "land of high mountains". The original spelling is kept in Haitian Creole, but since the h is silent in French, the pronunciation remains the same. The ï in Haïti, is a diacritical mark used to show that the second vowel is to be pronounced separately, as in the word naïve. In English, the rules for the pronunciation are disregarded; thus the spelling Haiti is used, with the "H-a-i" pronounced as Hay.

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History At the time of European encounter, the island of Hispaniola, of which Haiti occupies the western threeeighths, was one of many Caribbean islands inhabited by the Taíno Indians, speakers of an Arawakan language called Taino, which has been preserved in the Haitian Creole language. The Taíno name for the entire island was either Ayiti or Kiskeya (Quisqueya). The people had migrated over centuries into the Caribbean islands from South America. Genetic studies show they were related to the Yanomami of the Amazon Basin. They also originated in Central and South America. After migrating to Caribbean islands, in the 15th century, the Taíno were pushed into the northeast Caribbean islands by the Caribs. In the Taíno societies of the Caribbean Islands, the largest unit of political organization was led by a cacique, or chief, as the Europeans understood them. The island of Ayiti was divided among five Caciquats: the Magua in the north east, the Marien in the north west, the Xaragua in the south west, the Maguana in the center region of Cibao and the Higuey in the south east or six long-established caciquedoms The caciquedoms were tributary kingdoms, with payment consisting of harvests. Taíno cultural artifacts include cave paintings in several locations in the country. These have become national symbols of Haiti and tourist attractions. Modern-day Léogane, started as a French colonial town in the southwest, is located at the site of the former capital of the caciquedom of Xaragua.

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The Colonial Era Navigator Christopher Columbus landed at Môle SaintNicolas on 5 December 1492, and claimed the island for the Crown of Castile. Nineteen days later, his ship the Santa María ran aground near the present site of Cap-Haïtien. Columbus left 39 men on the island, who founded the settlement of La Navidad. The sailors carried endemic Eurasian infectious diseases. The natives lacked immunity to these new diseases and died in great numbers in epidemics. The first recorded smallpox epidemic in the Americas erupted on Hispaniola in 1507. The encomienda system forced natives to work in gold mines and plantations. The Spanish passed the Laws of Burgos, 1512–1513, which forbade the maltreatment of natives, endorsed their conversion to Catholicism, and gave legal framework to encomiendas. The natives were brought to these sites to work in specific plantations or industries. As a gateway to the Caribbean, Hispaniola became a haven for pirates during the early colonial period. The western part of the island was settled by French buccaneers. Among them was Bertrand d'Ogeron, who succeeded in growing tobacco. He recruited many French colonial families from Martinique and Guadeloupe. European nations were competing for control in the New World, in the Caribbean as well as in North America. France and Spain settled their hostilities on the island, by way of the Treaty of Ryswick of 1697, and divided Hispaniola between them. France received the western third and subsequently named it Saint-Domingue, the French equivalent of Santo Domingo, the Spanish colony of Hispaniola and the name of its patron saint, Saint Dominic. To develop it into sugar cane plantations, they imported thousands of slaves from Africa. Sugar was a lucrative commodity crop throughout the 18th century. By 1789, approximately 40,000 French colonists lived in Saint-Domingue. In contrast, by 1763 the French population of Canada, a vast territory, had numbered 65,000. The (white) French were vastly outnumbered by the tens of thousands of (Black African) slaves they had imported to work on their plantations, which were primarily devoted to the production of sugar cane. In the north of the island, slaves were able to retain many ties to African cultures, religion, and language; these ties were continually being renewed by newly imported Africans. Blacks outnumbered whites by about ten-toone. The French-enacted Code Noir ("Black Code"), prepared by Jean-Baptiste Colbert and ratified by Louis XIV, had established rules on slave treatment and permissible freedoms. Saint-Domingue has been described as one of the most brutally efficient slave colonies; one-third of newly imported Africans died within a few years. Many Page 11 of 74

slaves died from diseases such as smallpox and typhoid fever. They had low birth rates, and there is evidence that some women aborted fetuses rather than give birth to children within the bonds of slavery. As in its Louisiana colony, the French colonial government allowed some rights to free people of color: the mixed-race descendants of white male colonists and black female slaves (and later, mixed-race women). Over time, many were released from slavery. They established a separate social class. White French Creole fathers frequently sent their mixed-race sons to France for their education. Some men of color were admitted into the military. More of the free people of color lived in the south of the island, near Port-au-Prince, and many intermarried within their community. They frequently worked as artisans and tradesmen, and began to own some property. Some became slave holders. The free people of color petitioned the colonial government to expand their rights.

The Hataitian Revolution Inspired by the French Revolution of 1789 and principles of the rights of man, free people of color and slaves in Saint-Domingue and the French West Indies pressed for freedom and more civil rights. Most important was the revolution of the slaves in SaintDomingue, starting in the northern plains in 1791, where Africans greatly outnumbered the whites. In 1792, the French government sent three commissioners with troops to re-establish control. To build an alliance with the gens de couleur and slaves, the French commissioners Sonthonax and Polverel abolished slavery in the colony. Six months later, the National Convention, led by Robespierre and the Jacobins, endorsed abolition and extended it to all the French colonies. Political leaders in the United States, which was a new republic itself, reacted with ambivalence, at times providing aid to enable planters to put down the revolt. Later in the revolution, the US provided support to black Haitian military forces, with the goal of reducing French influence in North America and the Caribbean. Toussaint Louverture, a former slave and leader in the slave revolt, drove out the Spanish (from Santo Domingo) and the British invaders who threatened the colony. In the uncertain years of revolution, the United States played both sides off against each other, with its traders supplying both the French and the rebels. The struggle within Haiti between the free people of color led by AndrĂŠ Rigaud and the black Haitians led by Louverture devolved into the War of the Knives in 1799 and 1800. Many surviving free people of color left the island as refugees. After Louverture created a separatist constitution, NapolĂŠon Bonaparte in 1802 sent an expedition of more than 20,000 men under the command of his brother-in-law, General Charles Leclerc, to retake the island. The French achieved some victories, but within a few months, most of the French troops had died from yellow fever. More than 50,000 Page 12 of 74

French troops died in an attempt to retake the colony, including 18 generals. The French captured Louverture, transporting him to France for trial. He was imprisoned at Fort de Joux, where he died in 1803 of exposure and possibly tuberculosis. The slaves, along with free gens de couleur and allies, continued their fight for independence. Jean-Jacques Dessalines defeated French troops at the Battle of Vertières on 18 November 1803, leading the first ever successful slave army revolution. In late 1803, France withdrew its remaining 7,000 troops from the island and Napoleon gave up his idea of re-establishing a North American empire. With the war going badly, he sold Louisiana (New France) to the United States, in the Louisiana Purchase.

Early Post-Independence The independence of Saint-Domingue was proclaimed by Dessalines on 1 January 1804.[11] According to some estimates, the slave rebellion resulted in the deaths of 100,000 slaves and 24,000 of the 40,000 colonists. Fearful of the influence of the slaves' revolution, US President Thomas Jefferson refused to recognize the new republic, as did most European nations. The US did not officially recognize Haiti for decades, until after the American Civil War. Haiti's new government was not supported by other republics. The revolution led to a wave of emigration. In 1809, nearly 10,000 refugees from Saint-Domingue settled en masse in New Orleans. They doubled the city's population. In addition, the newly arrived slaves added to the city's African population. Dessalines was proclaimed "Emperor for Life" by his troops. Dessalines at first offered protection to the white planters and others; but once in power, he ordered the massacre of most whites, without regard to age or gender. In the continuing competition for power, he was assassinated by rivals on 17 October 1806. Saint-Domingue was divided between the Kingdom of Haiti in the north, directed by Henri I, and a republic in the south, directed by Alexandre Pétion, an homme de couleur. Henri Christophe established a semi-feudal corvée system, with a rigid education and economic code. President Pétion gave military and financial assistance to the revolutionary leader Simón Bolívar, which were critical in enabling him to liberate the Viceroyalty of New Granada. He was instrumental in aiding countries in South America achieve independence from Spain.

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Beginning in 1821, President Jean-Pierre Boyer, also an homme de couleur and successor to PĂŠtion, reunified the two parts of Haiti and extended control over the entire western portion of the island. In addition, after Santo Domingo declared its independence from Spain, Boyer sent forces in to take control. Boyer ruled the entire island, ending slavery in Santo Domingo. After Santo Domingo achieved independence from Haiti, it established a separate national identity. Struggling to revive the agricultural economy to produce commodity crops, Boyer passed the Code Rural, which denied peasant laborers the right to leave the land, enter the towns, or start farms or shops of their own. Following the Revolution, many peasants wanted to have their own farms rather than work on plantations. The American Colonization Society (ACS) encouraged free blacks in the United States to emigrate to Haiti. Starting in September 1824, more than 6,000 African Americans migrated to Haiti, with transportation paid by the ACS. Many found the conditions too harsh and returned to the United States. In July 1825, King Charles X of France, during a period of "restoration" for the monarchy, sent a fleet to reconquer the island. Under pressure, President Boyer agreed to a treaty by which France formally recognized the independence of the nation in exchange for a payment of 150 million francs (reduced to 90 million in 1838). After losing the support of Haiti's elite, Boyer was ousted in 1843. A long succession of coups followed his departure to exile. The enforced payment to France reduced Haiti's economy for years. Western nations did not give Haiti formal diplomatic recognition. Both of these problems kept the Haitian economy and society isolated. Expatriates bankrolled and armed opposing groups. In 1892, the German government supported suppression of the reform movement of AntĂŠnor Firmin.[citation needed]

20th Century In January 1914, British, German and U.S. military forces entered Haiti, ostensibly to protect their citizens from civil unrest at the time. In an expression of the Theodore Roosevelt Corollary to the Monroe Doctrine, the United States occupied the island in 1915. U.S. Marines were stationed in the country until 1934, a period of nineteen years. Sisal was introduced to Haiti, and sugar and cotton became significant exports. Haitian traditionalists, based in rural areas, were highly resistant to American-backed changes, while the urban elites wanted more control. Together they helped secure an end to the occupation in 1934. The debts were still outstanding and the American financial advisorgeneral receiver handled the budget until 1941. Recognition of the distinctive traditionalism of the Haitian people had an influence on United States writers, including Eugene O'Neill, James Weldon Johnson, Langston Hughes, Zora Neale Hurston and Orson Welles. Page 14 of 74

After US forces left in 1934, Dominican dictator Rafael Trujillo used anti-Haitian sentiment as a nationalist tool. In an event that became known as the Parsley Massacre, he ordered his Army to kill Haitians living on the Dominican side of the border. Between 10,000 and 20,000 Haitians were killed. One-quarter Haitian, Trujillo continued policies against the neighboring population for some time. United States and European tourists started to visit Haiti in the 1950s. "Papa Doc" Duvalier in 1968

The waterfront area of Port-au-Prince was redeveloped to allow cruise ship passengers to walk from the docks to cultural attractions. Among these attractions, were the Moorish-styled Iron Market, where fine Haitian art and mahogany were sold. In the evenings entrepreneurs provided dancing, casino gambling, and Voodoo shows. Truman Capote and Noël Coward visited the Hotel Oloffson, a 19thcentury Gothic gingerbread mansion set in a tropical garden, which even was portrayed in the Graham Greene novel, The Comedians. After a period of disorder, in September 1957 Dr. François Duvalier was elected President of Haiti. Known as "Papa Doc" and initially popular, Duvalier was President until his death in 1971. He advanced black interests in the public sector, where over time people of color had predominated as the educated urban elite. He stayed in power by enlisting an organization known as Tontons Macoutes ("Bogeymen"), which maintained order by terrorizing the populace and political opponents. Haiti's brief tourism boom was wiped out by the rule of Francois "Papa Doc" Duvalier and his unstable government. When his son Jean-Claude "Baby Doc" Duvalier succeeded him as President for Life, tourism returned in the 1970s. Tourists included Bill and Hillary Clinton, who honeymooned there in 1975. Vive la différence, has long been Haiti's national tourism slogan and its proximity to the United States, made Haiti a hot attraction until the Duvalier regime was ousted in 1986. Papa Doc's son Jean-Claude Duvalier – known also as "Baby Doc" – led the country from 1971 until his ouster in 1986, when protests led him to seek exile in France. Army leader General Henri Namphy headed a new National Governing Council. General elections in November were aborted after dozens of inhabitants were shot in the capital by soldiers and Tontons Macoutes. Fraudulent elections followed. The elected President, Leslie Manigat, was overthrown some months later in the June 1988 Haitian coup d'état. The September 1988 Haitian coup d'état, which followed the St Jean Bosco massacre, revealed the increasing prominence of former Tontons Macoutes. General Prosper Avril led a military regime until March 1990.

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In December 1990, a former Catholic priest, Jean-Bertrand Aristide was elected President in the Haitian general election. In September of the following year, Aristide was overthrown by the military in the 1991 Haitian coup d'état. In 1994, an American team negotiated the departure of Haiti's military leaders and the peaceful entry of US forces under Operation Uphold Democracy. This enabled the restoration of the democratically elected Jean-Bertrand Aristide as president. In October 1994, Aristide returned to Haiti to complete his term in office. Aristide vacated the presidency in February 1996. In the 1995 election, René Préval was elected as president for a fiveyear term, winning 88% of the popular vote.

21st Century The November 2000 election gave the presidency back to Aristide with 92% of the vote. The election had been boycotted by the opposition, now organized into the Convergence Démocratique, over a dispute in the May legislative elections. In subsequent years, there was increasing violence and human rights abuses. Aristide supporters attacked the opposition. Aristide spent years negotiating with the Convergence Démocratique on new elections, but the Convergence's inability to develop a sufficient electoral base made elections unattractive.

The National Palace following the 2010 Haiti earthquake

In 2004, a revolt began in northern Haiti. The rebellion eventually reached the capital; and Aristide was forced into exile, whereupon the United Nations stationed peacekeepers in Haiti. Some including Aristide and his bodyguard, Franz Gabriel, Page 16 of 74

stated that he was the victim of a "new coup d'état or modern kidnapping" by U.S. forces. Mrs. Aristide stated that the kidnappers wore US Special Forces uniforms, but changed into civilian clothes upon boarding the aircraft that was used to remove Aristide from Haiti. Boniface Alexandre assumed interim authority. René Préval was elected President in February 2006, following elections marked by uncertainties and popular demonstrations. The United Nations Stabilization Mission in Haiti (also known as MINUSTAH) remains in the country, having been there since the 2004 coup d'état. The United States led a vast international campaign to prevent Aristide from returning to his country while he was exiled in South Africa. Released Wikileaks cables show that highlevel U.S. and U.N. officials coordinated a politically motivated prosecution of Aristide to prevent him from "gaining more traction with the Haitian population and returning to Haiti." The United States and its allies allegedly poured tens of millions of dollars into unsuccessful efforts to slander Aristide as a drug trafficker, human rights violator, and heretical practitioner of vodou. In 2004, Tropical Storm Jeanne skimmed the north coast of Haiti, leaving 3,006 people dead in flooding and mudslides, mostly in the city of Gonaïves. Haiti was again pummeled by tropical storms in late August and early September 2008. The storms – Tropical Storm Fay, Hurricane Gustav, Hurricane Hanna and Hurricane Ike – all produced heavy winds and rain in Haiti. Newspapers listed 331 dead and 800,000 in need of humanitarian aid. The grim state of affairs produced by these storms was all the more life-threatening due to already high food and fuel prices that had caused a food crisis and political unrest in April 2008. On 12 January 2010, at 4:53pm local time, Haiti was struck by a magnitude-7.0 earthquake. This was the country's most severe earthquake in over 200 years. The 2010 Haiti earthquake was reported to have left up to 316,000 people dead and 1.6 million homeless, though later reports found these numbers to have been grossly inflated, and put the death toll between 46,000 and 85,000. The country has yet to recover from the 2010 earthquake and subsequent Haiti cholera outbreak due to both the severity of the damage Haiti endured in 2010, as well as a government that was ineffective well before the earthquake. General elections had been planned for January 2010, but were postponed due to the earthquake. The elections were held on 28 November 2010 for senate, parliament and the first round of the presidential elections. The run-off between Michel Martelly and Mirlande Manigat took place on 20 March 2011, and preliminary results, released on 4 April, named Michel Martelly the winner. In 2013, Haiti called for European nations to pay reparations for slavery and established an official reparations commission.

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Geography Haiti is on the western part of Hispaniola, the second largest island in the Greater Antilles. Haiti is the third largest country in the Caribbean behind Cuba and the Dominican Republic (the latter shares a 360-kilometre (224 mi) border with Haiti). Haiti at its closest point is about 45 nautical miles (83 km; 52 mi) away from Cuba and comprises the horseshoe-shape peninsula and because of this, it has a disproportionately long coastline and is second in length (1,771 km or 1,100 mi) in the Greater Antilles. Cuba has the longest. The country lies mostly between latitudes 18° and 20°N (Tortuga island lies just north of 20°), and longitudes 71° and 75°W. Haiti's terrain consists mainly of rugged mountains interspersed with small coastal plains and river valleys. The climate is tropical, with some variation depending on altitude. The northern region consists of the Massif du Nord (Northern Massif) and the Plaine du Nord (Northern Plain). The Massif du Nord is an extension of the Cordillera Central in the Dominican Republic. It begins at Haiti's eastern border, north of the Guayamouc River, and extends to the northwest through the northern peninsula. The lowlands of the Plaine du Nord lie along the northern border with the Dominican Republic, between the Massif du Nord and the North Atlantic Ocean. The central region consists of two plains and two sets of mountain ranges. The Plateau Central (Central Plateau) extends along both sides of the Guayamouc River, south of the Massif du Nord. It runs from the southeast to the northwest. To the southwest of the Plateau Central are the Montagnes

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Noires, whose most northwestern part merges with the Massif du Nord. Its westernmost point is known as Cap Carcasse. The southern region consists of the Plaine du Cul-de-Sac (the southeast) and the mountainous southern peninsula (also known as the Tiburon Peninsula). The Plaine du Cul-de-Sac is a natural depression that harbors the country's saline lakes, such as Trou Caïman and Haiti's largest lake, Étang Saumatre. The Chaîne de la Selle mountain range – an extension of the southern mountain chain of the Dominican Republic (the Sierra de Baoruco) – extends from the Massif de la Selle in the east to the Massif de la Hotte in the west. This mountain range harbors Pic la Selle, the highest point in Haiti at 2,680 metres (8,793 ft). The country's most important valley in terms of crops is the Plaine de l'Artibonite, which is oriented south of the Montagnes Noires. This region supports the country's (also Hispaniola's) longest river, the Riviere l'Artibonite, which begins in the western region of the Dominican Republic and continues most of its length through central Haiti and onward where it empties into the Golfe de la Gonâve. The eastern and central region of the island is a large elevated plateau. Haiti also includes various offshore islands. The island of Tortuga (Île de la Tortue) is located off the coast of northern Haiti. The arrondissement of La Gonâve is located on the island of the same name, in the Golfe de la Gonâve. Gonâve Island is moderately populated by rural villagers. Île à Vache (Cow Island), a lush island with many beautiful sights, is located off the tip of southwestern Haiti. Also part of Haiti are the Cayemites and Île d' Anacaona. La Navasse located 40 nautical miles (46 mi; 74 km) west of Jérémie on the south west peninsula of Haiti, is subject to an ongoing territorial dispute with the United States.

Geology There are blind thrust faults associated with the Enriquillo-Plantain Garden fault system over which Haiti lies. After the Earthquake of 2010, there was no evidence of surface rupture and based on seismological, geological and ground deformation data. The northern boundary of the fault is where the Caribbean tectonic plate shifts eastwards by about 20 mm (0.79 inches) per year in relation to the North American plate. The strike-slip fault system in the region has two branches in Haiti, the Page 20 of 74

Septentrional-Oriente fault in the north and the Enriquillo-Plantain Garden fault in the south. A 2007 earthquake hazard study by C. DeMets and M. Wiggins-Grandison noted that the Enriquillo-Plantain Garden fault zone could be at the end of its seismic cycle and concluded that a worst-case forecast would involve a 7.2 Mw earthquake, similar in size to the 1692 Jamaica earthquake. Paul Mann and a group including the 2006 study team presented a hazard assessment of the Enriquillo-Plantain Garden fault system to the 18th Caribbean Geologic Conference in March 2008, noting the large strain; the team recommended "high priority" historical geologic rupture studies, as the fault was fully locked and had recorded few earthquakes in the preceding 40 years. An article published in Haiti's Le Matin newspaper in September 2008 cited comments by geologist Patrick Charles to the effect that there was a high risk of major seismic activity in Port-au-Prince. Haiti also has rare elements such as Gold, which can be found at The Mont OrganisĂŠ gold mine.

Environment The soil erosion and deforestation have caused periodic and severe flooding in Haiti, as experienced, for example, on 17 September 2004. Earlier in May that year, floods had killed over 3,000 people on Haiti's southern border with the Dominican Republic. Page 21 of 74

There has been little marine, coastal, and river basin management. Forest cover in the steep hills surrounds Haiti's river basin retains soil, which in turn retains water from rainfall, reducing river flood peaks and conserving flows in the dry season. Haiti's forests covered 60 percent of the country as recently as fifty years ago, but today less than one percent of Haiti remains forested. Deforestation has resulted in much of the soil being released from the upper catchments. Many of Haiti's rivers are now highly unstable, changing rapidly from destructive flooding to inadequate flows. Scientists at the Columbia University's Center for International Earth Science Information Network (CIESIN) and the United Nations Environment Programme are working on the Haiti Regenerative Initiative an initiative aiming to reduce poverty and natural disaster vulnerability in Haiti through ecosystem restoration and sustainable resource management.

Flora In 1925, Haiti was lush, with 60% of its original forest covering the lands and mountainous regions. Since then, Haiti's residents have cut down an estimated 98% of its original forest cover for use as fuel for cookstoves, destroying fertile farmland soils and contributing to desertification.

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Politics & Government

The government of Haiti is a semi-presidential republic, a multiparty system wherein the President of Haiti is head of state elected directly by popular elections. The Prime Minister acts as head of government and is appointed by the President, chosen from the majority party in the National Assembly. Executive power is exercised by the President and Prime Minister who together constitute the government. In 2013, the annual budget was US$1 billion. Legislative power is vested in both the government and the two chambers of the National Assembly of Haiti. The government is organized unitarily, thus the central government delegates powers to the departments without a constitutional need for consent. The current structure of Haiti's political system was set forth in the Constitution of Haiti on 29 March 1987. The current president is Michel Martelly. Haitian politics have been contentious: since independence, Haiti has suffered 32 coups. Haiti is the only country in the Western Hemisphere to undergo a successful slave revolution, but a long history of oppression by dictators â&#x20AC;&#x201C; including FranĂ§ois Duvalier and his son Jean-Claude Duvalier â&#x20AC;&#x201C; has markedly affected the nation. France, the United States and other Western countries have repeatedly intervened in Haitian politics since the country's founding, sometimes at the request of one party or another. Page 24 of 74

Along with international financial institutions, they have imposed large quantities of debt – so much that foreign debt payments have rivaled the available government budget for social sector spending. They also enforced trade policies that have broken down the Haitian government's ability to protect the local economy, forcing greater dependence on imports and eroding economic self-sufficiency. According to a Corruption Perceptions Index report in 2006, there is a strong correlation between corruption and poverty and Haiti ranked first of all countries surveyed for of levels of perceived domestic corruption. The International Red Cross reports that seven out of ten Haitians live on less than US$2 a day, however, stated below "such statitical estimations should be looked upon very skeptically because of the fact that the average Haitian and Haitian family has to and does spend a lot more than that daily. The disconnect likely lies in the fact that these are estimates based on surveys conducted by asking individuals what their incomes are; in the Haitian culture it is very unlikely that one will receive a truthful and accurate answer to such a personal question. For various reasons individuals will not tell the truth on such a private matter. For some it is because "it's none of your business," for others, they will simply exaggerate their poor situation in hopes that some type of financial aide will be gained or rendered to them". Cité Soleil in Port-au-Prince, one of the biggest slums in the Northern Hemisphere, has been called "the most dangerous place on Earth" by the United Nations. Many residents are supporters of former Haitian President Jean-Bertrand Aristide, who, according to the BBC, "accused the US of forcing him out – an accusation the US rejected as 'absurd'". Jean-Bertrand Aristide was initially denied access to Haiti by Haitian immigration authorities, despite issuing appeals for entrance to his supporters and international observers. The world's most prominent governments did not overtly oppose such appeals, nor did they support them; an unnamed analyst "close to the Haitian government" quoted in several media sources – including The New York Times – is reported to have said: "Aristide could have 15 passports and he's still not going to come Page 25 of 74

back to Haiti ... France and the United States are standing in the way." However, Aristide finally returned to Haiti on 18 March 2011, days before the 2011 presidential election. The first round of the 2010 general election was held in December. Mirlande Manigat and Jude Celestin qualified for the second round of the presidential election, but its results were contested. Some people said that the first round was a fraud and that Michel Martelly should replace Jude Celestin, René Préval's chosen successor. There was some violence between the contending parties. On 4 April 2011, the Provisional Electoral Council announced preliminary results indicating that Martelly had won the presidential election. In February 2012, Haiti signaled it would seek to upgrade its observer status to full associate member status of the African Union (AU). At its next summit in June 2013, the AU plans to upgrade Haiti's status from observer to associate. In 2010, the Haitian National Police numbered 7,000. The legal system for torts is based on a version of the Napoleonic Code. The Institute for the Protection of National Heritage has preserved 33 historical monuments and the historic center of Cap-Haïtien.

Cabinet The executive function is divided into ministries, each led by a Minister appointed by the Prime Minister and confirmed by Parliament: Ministry Ministry of Planning and External Cooperation

Minister

Address

347, Ave John Brown (Bourdon), Port-auPrince, Haiti Jean François Delmas 31, Rue Jacques 1 # 11, Port-auMinistry of the Environment Thomas Prince, Haiti Ministry of Defense Lener Renauld Port-au-Prince, Haiti 6 Rue Legitimate, Port-au-Prince, Haiti HTMinistry of Commerce and Industry Wilson Laleau 00116 Ministry of Education and Professionals Nesmy Manigat 5, Ave Jean-Paul II, Port-au-Prince, Haiti Marie Carmelle 22 Avenue Charles Summer, Port-au-Prince, Ministry of Economy and Finance Jean-Marie Haiti 19 Charles Sumner Avenue, Port-au-Prince, Ministry of Justice and Public Security Jean Renel Sanon Hait Ministry of Communication Rudy Heriveaux Port-au-Prince, Haiti Stéphanie Balmir 8, Rue Legitimate (Champs-de-Mars), PortMinistry of Tourism Villedrouin au-Prince, Haiti Ministry of Agriculture, Natural Route Nationale No. 1, Damien, Port-auThomas Jacques Resources and Rural Development Prince, Haiti Charles JeanMinistry of Social Affairs and Labor Jacques Laurent Lamothe

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Ministry of Interior and Territorial Communities

Reginald Delva

Palais des Ministeres, Champs de Mars, Port-au-Prince, Haiti

Florence Duperval 111, Rue Saint-Honore, Port-au-Prince, Haiti Guillaume Boulevard Harry Truman, CitĂŠ de Ministry of Foreign Affairs Duly Brutus l'Exposition, Port-au-Prince, Haiti Ministry of Public Works, Transport and Palais des Ministeres, Rue Monseigneur Jacques Rousseau Communications (Haiti) Guilloux, B.P. 2002, Port-au-Prince, Haiti Ministry of Health

Military Haiti has a Ministry of Defense which serves as the country's main body of their armed forces. The former Haitian Armed Forces were demobilized in 1995. The current defense force for Haiti is the Haitian National Police, which has a highly trained SWAT team, and works alongside the Haitian Coast Guard.

Law Enforcement and Crime Haiti has consistently ranked among the most corrupt countries in the world on the Corruption Perceptions Index. It is estimated that President "Baby Doc" Duvalier, his

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wife Michelle, and their agents stole $504 million from the country's treasury between 1971 and 1986. Similarly, some media outlets alleged that millions were stolen by former president Jean-Bertrand Aristide. In March 2004, at the time of Aristide's being kidnapped, a BBC article wrote that the Bush administration State Department stated that Aristide had been involved in drug trafficking. The BBC also described pyramid schemes, in which Haitians lost hundreds of millions in 2002, as the "only real economic initiative" of the Aristide years.

Departments, Arrondissements and Communes Administratively, Haiti is divided into ten departments. The departments are listed below, with the departmental capital cities in parentheses. 1. Nord-Ouest (Port-de-Paix) 2. Nord (Cap-Haïtien) 3. Nord-Est (Fort-Liberté) 4. Artibonite (Gonaïves) 5. Centre (Hinche) 6. Ouest (Port-au-Prince) 7. Grand'Anse (Jérémie) 8. Nippes (Miragoâne) 9. Sud (Les Cayes) 10. Sud-Est (Jacmel) The departments are further divided into 41 arrondissements and 133 communes. These serve as, respectively, second- and third-level administrative divisions.

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Demographics Although Haiti averages approximately 350 people per square kilometer (~900 per sq mi.), its population is concentrated most heavily in urban areas, coastal plains, and valleys. Haiti's population was about 10.1 million according to UN 2011 estimates, with half of the population younger than age 20. In 1950 the first formal census gave a total population of 3.1 million. Most modern Haitians are descendants of former black African slaves, including Mulattoes who are of multiracial admixture. The remainder are of European and Levantine/Semitic stock, the descendants of settlers (colonial remnants and contemporary immigration during WWI and WWII). Haitians of East Asian descent or East Indian origin number approximately 400+. Millions of Haitians live abroad in the United States, Dominican Republic, Cuba, Canada (primarily Montreal), Bahamas, France, French Antilles, the Turks and Caicos, Jamaica, Puerto Rico, Venezuela, Brazil and French Guiana. There are an estimated 881,500 in the United States, 800,000 in the Dominican Republic, 300,000 in Cuba, 100,000 in Canada, 80,000 in France, and up to 80,000 in the Bahamas. But there are also smaller Haitian communities in many other countries, including Chile, Switzerland, Japan and Australia.

Casta Discrimination Due to the racial caste system instituted in colonial Haiti, Haitian mulattoes became the nation's social elite and racially privileged. Numerous leaders throughout Haiti's history have been mulattoes. Comprising 5% of the nation's population, mulattoes have retained their preeminence, evident in the political, economic, social and cultural hierarchy in Haiti. Alexandre PĂŠtion, born to a Haitian mother and a wealthy French father, was the first President of the Republic of Haiti.

Religion The 2015 CIA Factbook reported that around 80% of Haitians professed to be Catholics while Protestants made up about 16% of the population (Baptist 10%, Pentecostal 4%, Page 30 of 74

Adventist 1%, other 1%). Other sources put the Protestant population higher than this, suggesting that it might have formed one-third of the population in 2001. Haitian Cardinal Chibly Langlois is president of the National Bishops Conference of the Catholic Church. Some Haitians combine their Catholicism with elements of vodou. Minority religions in Haiti include Islam, Bahá'í Faith, Judaism, and Buddhism.

Languages The two official languages of Haiti are French and Haitian Creole. French is the principal written and administratively authorized language (as well as the main language of the press) and is spoken by 40% of Haitians. It is spoken by all educated Haitians, is the medium of instruction in most schools, and is used in the business sector. It is also used in ceremonial events such as weddings, graduations and church masses. Haiti is one of two independent nations in the Americas (along with Canada) to designate French as an official language; the other French-speaking areas are all overseas départements, or collectivités, of France. Haitian Creole, which has recently undergone a standardization, is spoken by virtually the entire population of Haiti. Haitian Creole is one of the French-based creole languages. Its vocabulary is 90% derived from French, but its grammar and influences are from some West African, Taino, Spanish, and Portuguese languages. Haitian Creole is related to the other French creoles, but most closely to Antillean Creole and Louisiana Creole.

Emigration Emigrants from Haiti have constituted a segment of American and Canadian society, before the independence of Haiti from France in 1804. Haiti's proximity to the United States, and its status as a free black republic in the years before the American Civil War, have contributed to this relationship. Many influential early American settlers and black freemen, including Jean Baptiste Point du Sable and W. E. B. Du Bois, were of Haitian origin. Jean Baptiste Point du Sable, an immigrant from Saint-Domingue (now the Republic of Haiti), founded the first nonindigenous settlement in what is now Chicago, Illinois, the third largest city in the United States. The state of Illinois and city of Chicago declared du Sable the founder of Chicago on 26 October 1968.

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Largest Cities Largest cities or towns of Haiti http://www.geonames.org/HT/largest-cities-in-haiti.html

Rank Name Department Pop. 1 Port au Prince Ouest 1,234,742 2 Carrefour (in Metro P.P.) Ouest 442,156 3 Delmas (in Metro P.P.) Ouest 382,920 4 Pétionville (in Metro P.P.) Ouest 283,052 5 Croix des Bouquets (in Metro P.P.) Ouest 229,127 Port au Prince 6 Jacmel Sud-Est 137,966 7 Cap-Haïtien Nord 134,815 8 Léogâne Ouest 134,190 9 Les Cayes Sud 125,799 Carrefour (in Metro P.P.) 10 Petit-Goâve Ouest 117,504

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The Haitian Economy Haiti's purchasing power parity GDP fell 8% in 2010 (from $12.15 billion to $11.18 billion) and the GDP per capita remained unchanged at (PPP US$) 1,200. Haiti ranked 145 of 182 countries in the 2010 United Nations Human Development Index, with 57.3% of the population being deprived in at least three of the HDI's poverty measures. Following the disputed 2000 election and accusations about President Aristide's rule, US aid to the Haitian government was cut off between 2001 and 2004. After Aristide's departure in 2004, aid was restored and the Brazilian army led a United Nations Stabilization Mission in Haiti peacekeeping operation. After almost four years of recession, the economy grew by 1.5% in 2005. In September 2009, Haiti met the conditions set out by the IMF and World Bank's Heavily Indebted Poor Countries program to qualify for cancellation of its external debt.

Foreign Aid Foreign aid makes up approximately 30â&#x20AC;&#x201C;40% of the national government's budget. The largest donor is the US, followed by Canada and the European Union. Haiti received more than $4 billion in aid from 1990 to 2003, including $1.5 billion from the United States. In January 2010, following the earthquake, US President Barack Obama promised $1.15 billion in assistance. European Union nations pledged more than 400 million euros ($616 million). Former US President Bill Clinton's foundation contributed $250,000 to a recycling initiative for a sister-program of "Ranmase Lajan" or "Picking Up Money" by use of reverse vending machines.

Trade Haiti has a large trade deficit of $3 billion in 2011, or 41% of GDP. As of September 2014, Haiti recorded a trade deficit of $226.27 million in USD.

Energy Haiti has discovered no hydrocarbon resources on land or in the Gulf of GonĂ˘ve. It is dependent on energy imports (petroleum and petroleum products).

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Personal Income The World Factbook reports a shortage of skilled labor, widespread unemployment and underemployment, saying "more than two-thirds of the labor force do not have formal jobs." It is also often stated that three-quarters of the population lives on $2 or less per day, however such statistical estimations should be viewed with skepticism because the average Haitian and Haitian family spends more than that daily. The disconnect likely lies in the fact that these are estimates based on surveys conducted by asking individuals what their incomes are; in the Haitian culture it is very unlikely that one will receive a truthful and accurate answer to such a personal question. For various reasons individuals will not tell the truth on such a private matter. For some it is because "it's none of your business," for others, they will simply exaggerate their poor situation in hopes that some type of financial aid will be gained or rendered to them. In other words foreign methods are being utilized irrespective of its appropriateness for the culture and situation at hand. With respect to the business environment reforms have had little effect because of widespread corruption and the inefficient judicial framework. The richest 1% own nearly half of Haiti's wealth. Most of the 500,000 residents of CitĂŠ Soleil live in poverty. As of 2009, at least 225,000 Haitian children were working as restavecs (unpaid household servants). The United Nations considers this a modern-day form of slavery. The World Bank estimates that over 80% of college graduates from Haiti were living abroad in 2004, with their remittances home representing 52.7% of Haiti's GDP.

Agriculture Though more than half of all Haitians work in the agricultural sector, the country relies on imports for half its food needs and 80% of its rice. Haiti exports crops such as mangoes, cacao, coffee, papayas, mahogany nuts, spinach, and watercress. Agricultural products comprise 6% of all exports. In addition, local agricultural products include corn, beans, cassava, sweet potato, peanuts, pistachios, bananas, millet, pigeon peas and sugar cane.

Currency The Haitian gourde (HTG) is the national currency. Creole speakers will call U.S. dollars, Dola Ameriken or Dola US (pronounced oos), and gourdes, goud (rhymes fairly closely with the English "mood"). The vast majority of businesses and individuals in Haiti will accept U.S. dollars, though gourdes may be preferred in places such as outdoor markets. The Haitian dollar equals 5 gourdes, and exists as a concept only. This exchange rate is fixed, with certain informal prices specified in Haitian dollars.

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Tourism In 2012, the country received 950,000 tourists (mostly from cruise ships), and the industry generated US$200 million in 2012. In December 2012, the US State Department issued a travel warning about the country, noting that while thousands of American citizens safely visit Haiti each year, few foreign tourists had been victims of burglary, predominantly in the Port-au-Prince area. Several hotels were opened in 2012, including a Best Western Premier, a five-star Royal Oasis hotel by Occidental Hotel and Resorts in Pétionville, a four-star Marriott hotel in the Turgeau area of Port-au-Prince and other new hotel developments in Port-au-Prince, Les Cayes, Cap-Haïtien and Jacmel. Other tourist destinations include Île-à-Vache, Camp-Perrin, Pic Macaya. The Haitian Carnival has been one of the most popular carnivals in the Caribbean. In 2010, the government decided to stage the event in a different city outside of Port-auPrince every year in an attempt to decentralize the country. The National Carnival which is usually held in one of the country's largest cities (i.e., Port-au-Prince, Cap-Haïtien or Les Cayes), follows the also very popular Jacmel Carnival which takes place a week earlier in February or March.

Caracol Industrial Park In 21 October 2012, Haitian President Michel Martelly, US Secretary of State Hillary Rodham Clinton, Bill Clinton, Richard Branson, Ben Stiller and Sean Penn inaugurated the 600 acres (240 ha) Caracol industrial park, the largest in the Caribbean. Costing $300 million, the project, which includes a 10-megawatt power plant, a water-treatment plant and worker housing, is intended to transform the northern part of the country by creating 65,000 jobs. The park is part of a "master plan" for Haiti's North and North-East departments, including the expansion of the Cap-Haitien International Airport to accommodate large Page 36 of 74

international flights, the construction of an international Seaport in Fort-Liberté and the opening of the $50 million Roi Henri Christophe Campus of a new university in Limonade (near Cap-Haitien) on 12 January 2012. South Korean clothing manufacturer Sae-A Trading Co. Ltd, one of the park's main tenants, is creating 20,000 permanent jobs and building 5,000 houses in the surrounding area for its workers.

Infrastructure

Transportation Haiti has two main highways that run from one end of the country to the other. The northern highway, Route Nationale No. 1 (National Highway One), originates in Port-auPrince, winding through the coastal towns of Montrouis and Gonaïves, before reaching its terminus at the northern port Cap-Haïtien. The southern highway, Route Nationale No. 2, links Port-au-Prince with Les Cayes via Léogâne and Petit-Goâve. According to the Washington Post, "Officials from the U.S. Army Corps of Engineers said Saturday [23 January 2010] that they assessed the damage from the 12 Jan. quake in Port-au-Prince, Haiti, and found that many of the roads aren't any worse than they were before because they've always been in poor condition." The port at Port-au-Prince, Port international de Port-au-Prince, has more registered shipping than any of the other dozen ports in the country. The port's facilities include Page 37 of 74

cranes, large berths, and warehouses, but these facilities are not in good condition. The port is underused, possibly due to the substantially high port fees. The port of SaintMarc is currently the preferred port of entry for consumer goods coming into Haiti. Reasons for this may include its location away from volatile and congested Port-auPrince, as well as its central location relative to numerous Haitian cities. During the 2010 earthquake, the Port-au-Prince port suffered widespread damage, impeding aid to the victims. The main pier caved in and fell into the water. One of the main cranes also collapsed in the water. Port access roads were severely damaged as well. In the past, Haiti used rail transport, but, today, railroads are no longer in use, due to their replacement by other forms of transportation.

Airports Toussaint Louverture International Airport is located 10 kilometres (6.2 mi) North/North East of Port-au-Prince. It has Haiti's main jetway, and as such, handles the vast majority of the country's international flights. To travel on from the international airport at Port-auPrince to other Haitian cities requires boarding a smaller plane. Cities such as Jacmel, Jérémie, Les Cayes, Cap-Haïtien, and Port-de-Paix have airports that are accessible by smaller aircraft. Companies that fly to these airports include: Caribintair, Sunrise Airways and Tortug' Air. In 2013, plans for the development of an international airport on Île-à-Vache were introduced by the Prime Minister.

Bus Service Tap tap buses are colorfully painted buses or pick-up trucks that serve as share taxis in Haiti. The "tap tap" name comes from sound of taps on the metal bus body signifying a passenger's request to be dropped off. These vehicles for hire are often privately owned and extensively decorated. They follow fixed routes, will not leave until filled with passengers, and riders are usually able to disembark at any point in the journey. It is a typically Haitian form of art. In August 2013, the first coach bus prototype was made in Haiti.

Electricity In Haiti, 12.5% of the population have access to electricity officially, although the Ministry of Public Works estimated that the coverage could be around 25% when

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irregular connections are considered. In the capital, Port-au-Prince, the access rate is about 45%. Some towns in Haiti, such as the capital of the Nord-Est Department Fort-LibertĂŠ, have an electricity distribution network, but have been effectively abandoned by the Haiti Electric Company (EdH) national utility for about a decade. Users thus have to rely entirely on small, privately owned generators to meet their electricity demand.

Communications In Haiti, communications include the radio, television, fixed and mobile telephones, and the Internet. Haiti ranked last among North American countries in the World Economic Forum's Network Readiness Index (NRI) â&#x20AC;&#x201C; an indicator for determining the development level of a country's information and communication technologies. Haiti ranked number 143 out of 148 overall in the 2014 NRI ranking, down from 141 in 2013.

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Haitian Culture Haitian culture is largely a mixture of French, Spanish, and African influences, with sizeable contributions from the indigenous TaĂno culture. The country's customs essentially are a blend of cultural beliefs that derived from the various ethnic groups that inhabited the island of Hispaniola. Haiti's culture is greatly reflected in its paintings, music, and literature. Galleries and museums in the United States and France have exhibited the works of the better-known artists to have come out of Haiti.

Art Haitian art is distinctive, particularly painting and sculpture. Brilliant colors, naive perspective and sly humor characterize Haitian art. Frequent subjects in Haitian art include big, delectable foods, lush landscapes, market activities, jungle animals, rituals, dances, and gods. Artists frequently paint in fables. People are disguised as animals and animals are transformed into people. As a result of a deep history and strong African ties, symbols take on great meaning within Haitian society. For example, a rooster often represents Aristide and the red and blue colors of the Haitian flag often represent his Lavalas party. Many artists cluster in 'schools' of painting, such as the Cap-HaĂŻtien school, which features depictions of daily life in the city, the Jacmel School, which reflects the steep mountains and bays of that coastal town, or the Saint-Soleil Page 41 of 74

School, which is characterized by abstracted human forms and is heavily influenced by vodou symbolism.

Music and Dance The music of Haiti combines a wide range of influences drawn from the many people who have settled on this Caribbean island. It reflects French, African rhythms, Spanish elements and others who have inhabited the island of Hispaniola and minor native Taino influences. Styles of music unique to the nation of Haiti include music derived from Vodou ceremonial traditions, Rara parading music, Twoubadou ballads, Mini-jazz rock bands, Rasin movement, Hip hop Kreyòl, Méringue,[194] and Compas. Youth attend parties at nightclubs called discos, (pronounced "deece-ko"), and attend Bal. This term is the French word for ball, as in a formal dance. Compas (konpa) (also known as compas direct in French, or konpa dirèk in creole) is a complex, ever-changing music that arose from African rhythms and European ballroom dancing, mixed with Haiti's bourgeois culture. It is a refined music, with méringue as its basic rhythm. Haiti had no recorded music until 1937 when Jazz Guignard was recorded non-commercially. One of the most popular Haitian artists is Wyclef Jean.

Literature Dating back to the days of its independence, Haiti has always been a literary nation, that has produced a number of poetry and plays of international reputation. Despite Page 42 of 74

attempts to write in Haitian Creole dating back to the eighteenth century due to its unofficial status, French has always been the exclusive literary language of Haiti. With the recognition of Creole as an official language, more and more novels, poems, and plays are being written in Creole. In 1975, the first novel written entirely in Haitian Creole was published entitled Dezafi written by Franketienne describing a poetic picture of Haitian life.

Cuisine Haitian cuisine originates from several culinary styles from the various historical ethnic groups that populated the western portion of the island of Hispaniola. Haitian cuisine is similar to the rest of the Latin-Caribbean (the French and the Spanish-speaking countries of the Antilles), however it differs in several ways from its regional counterparts. While the cuisine is unpretentious and simple, the flavors are bold and spicy that demonstrate a primary influence of African culinary aesthetic, paired with a very French sophistication with notable derivatives coming from native Taíno and Spanish techniques. Though similar to other cooking styles in the region, it carries a uniqueness native to the country and an appeal to many visitors to the island. Haitians often use peppers and other strong flavorings. Dishes tend to be seasoned liberally and consequently Haitian cuisine is often moderately spicy. In the country, however, several foreign cuisines have been introduced. These include Levantine from Arab migration to Haiti. Rice and beans in several differing ways are eaten throughout the country regardless of location, becoming a sort of national dish. They form the staple diet, which consists of a lot of starch and is high in carbohydrates. Rural areas, with better access to agricultural products, have a larger variety of choices. One such dish is mais moulu (mayi moulen), which is comparable to cornmeal that can be eaten with sauce pois (sòs pwa), a bean sauce made from one of many types of beans such as kidney, pinto, chickpeas, or pigeon peas (known in some countries as gandules). Mais moulin can be eaten with fish (often red snapper), or alone depending on personal preference. Some of the many plants used in Haitian dishes include tomato, oregano, cabbage, avocado, bell peppers. A popular food is banane pesée (ban-nan'n peze), flattened plantain slices fried in cooking oil (known as tostones in the Spanish speaking Latin American countries). It is eaten both as a snack and as part of a meal is, often eaten with tassot or griot, which are deep-fried goat and pork respectively. Traditionally, the food that Haitians eat on the independence day (1 January) is Soup Joumou. Haiti is also known internationally for its rum. Rhum Barbancourt is one of the nation's exports and is regarded highly by international standards.

Architecture Monuments include the Sans-Souci Palace and the Citadelle Laferrière, inscribed as a World Heritage site in 1982. Situated in the Northern Massif du Nord, in one of Haiti's Page 43 of 74

National Parks, the structures date from the early 19th century. The buildings were among the first to be built after Haiti's independence from France. The Citadelle Laferrière, the largest fortress in the Americas, is located in northern Haiti. It was built between 1805 and 1820 and is today referred to by some Haitians as the eighth wonder of the world. Jacmel, the colonial city that was tentatively accepted as a World Heritage site, is reported to be extensively damaged by the 2010 Haiti earthquake.

Museums The anchor of Christopher Columbus' largest ship, the Santa María now rests in the Musée du Panthéon National Haïtien (MUPANAH), in Port-au-Prince, Haiti.

Folklore & Mythology Haiti is known for its folklore traditions. The country has tales that are part of the Haitian Vodou tradition.

National Holidays & Festivals Date

English name

1 January

New Year's Day and Independence Day

2 January

Ancestry Day

Jour des Aieux

6 January

Epiphany

Le Jour des Rois

moveable

Carnival/Mardi Gras Labour and 1 May Agriculture Day Flag and Universities' 18 May Day 15 August Assumption of Mary Anniversary of the 17 October death of Dessalines 1 All Saints Day November 2 All Souls' Day November

Local name (in French) Nouvel an / Jour de l'an / Premier de l'a et Jour de l'Indépendance

Carnaval/Mardi Gras Fête du Travail / Fête des Travailleurs Jour du Drapeau et de l'Université L'Assomption de Marie Anniversaire de la mort de Dessalines La Toussaint Jour des Morts

18 November

Battle of Vertières Day

Vertières

5 December

Discovery Day

Découverte d'Haïti

25 December

Christmas

Noël

Remarks Act of Independence against France Commemorates ancestors who have died fighting for freedom. Celebrates the Three Wise Men's visit to see the newborn Christ.

International holiday Celebrates the educational system and creation of the flag. Celebrates the death of Jean-Jacques Dessalines. Christian holiday; commemorates the sainthood. Another Christian holiday; commemorates the faithful departed. Commemorates the victory over the French in the Battle of Vertières in the [204] year 1803. Commemorates Christopher Columbus' landing on Hispaniola in 1492. Traditional Christmas celebration.

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The most festive time of the year in Haiti is during Carnival (referred to as Kanaval in Haitian Creole or Mardi Gras) in February. There is music, parade floats, and dancing and singing in the streets. Carnival week is traditionally a time of all-night parties. Rara, a festival which is celebrated before Easter. The festival has generated a style of Carnival music.

Notable Natives & Residents Comte d'Estaing – in command of more than 500 volunteers from Saint-Domingue, fought alongside American colonial troops against the British in the Siege of Savannah, one of the most significant foreign contributions to the American Revolutionary War in 1779.

Frankétienne – arguably Haiti's greatest author; he was a candidate for the Nobel Prize in Literature in 2009.

Garcelle Beauvais – television actress (NYPD Blue, The Jamie Foxx Show). Jean Baptiste Point du Sable – who might have been born in St Marc, SaintDomingue in 1745; established a fur trading post at present-day Chicago, Illinois; he is considered to be one of the city's founders.

Jean Lafitte – a French pirate who operated around New Orleans and Galveston on the Gulf Coast of the United States; was born in Port-au-Prince around 1782.

John James Audubon – ornithologist and painter; born in 1785 in Les Cayes, Saint-Domingue; his parents returned to France, where the boy was educated; he emigrated to the United States as a young man and made a career as he painted, catalogued and described the birds of North America.

Jørgen Leth – Danish poet and filmmaker. Sean Penn – American Oscar Award-winning actor, who currently serves as Ambassador-at-large for Haiti; the first non-Haitian citizen to hold such a position.

Michaëlle Jean – current Secretary-General of La Francophonie and 27th Governor General of Canada; was born in Port-au-Prince in 1957 and lived in Haiti until 1968.

Wyclef Jean – Grammy Award-winning hip-hop recording artist.

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Education

The educational system of Haiti is based on the French system. Higher education, under the responsibility of the Ministry of Education, is provided by universities and other public and private institutions. Haiti counts 15,200 primary schools, of which 90% are non-public and managed by communities, religious organizations or NGOs. The enrollment rate for primary school is 67%, and fewer than 30% reach 6th grade. Secondary schools enroll 20% of eligible-age children. Charity organizations, including Food for the Poor and Haitian Health Foundation, are building schools for children and providing necessary school supplies. Haiti's literacy rate is 52.9%. The January 2010 earthquake was a major setback for education reform in Haiti as it diverted limited resources to survival. Literacy levels remain near 50%. Haiti is one of the lowest-ranked countries in the world, 177th out of 186, for national spending on education. Many reformers have advocated the creation of a free, public and universal education system for all primary school-age students in Haiti. The Inter-American Development

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Bank estimates that the government will need at least $3 billion USD to create an adequately funded system.

Higher Education Upon successful graduation of secondary school, students may continue into higher education. The higher education schools in Haiti include the University of Haiti. There are also medical schools and law schools offered at both the University of Haiti and abroad. Presently, Brown University is cooperating with L'H么pital Saint-Damien in Haiti to coordinate a pediatric health care curriculum.

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Health Conditions In the past, children's vaccination rates have been low-- as of 2012, 60% of the children in Haiti under the age of 10 were vaccinated, compared to rates of childhood vaccination in other countries in the 93-95% range. Recently there have been mass vaccination campaigns claiming to vaccinate as many as 91% of a target population against specific diseases (measles and rubella in this case). Most people have no transportation or access to Haitian hospitals. The World Health Organization cites diarrheal diseases, HIV/AIDS, meningitis, and respiratory infections as common causes of death in Haiti. Ninety percent of Haiti's children suffer from waterborne diseases and intestinal parasites. HIV infection is found in 5% of Haiti's population. The incidence of tuberculosis (TB) in Haiti is more than ten times as high as in the rest of Latin America. Approximately 30,000 Haitians fall ill with malaria each year.

Most people living in Haiti are at high risk for major infectious diseases. Food or waterborne diseases include bacterial and protozoal diarrhea, typhoid fever and hepatitis A and E; common vector-borne diseases are dengue fever and malaria; water-contact diseases include leptospirosis. Roughly 75% of Haitian households lack running water. Unsafe water, along with inadequate housing and unsanitary living conditions, contributes to the high incidence of infectious diseases. There is a chronic shortage of health care personnel and hospitals lack resources, a situation that became readily apparent after the January 2010 earthquake. The infant mortality rate in Haiti in 2013 was 55 deaths per 1,000 live births, compared to a rate of 6 per 1,000 in other countries.

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Sports Association Football is the most popular sport in Haiti with hundreds of small football clubs competing at the local level. Basketball is growing in popularity. Hundreds of small football clubs compete at the local level. Stade Sylvio Cator is the multi-purpose stadium in Port-au-Prince, where it is currently used mostly for association football matches that fits a capacity of 30,000 people. In 1974, the Haiti national football team were only the second Caribbean team to make the World Cup (after Cuba's entry in 1938). They lost in the opening qualifying stages against three of the pre-tournament favorites; Italy, Poland, and Argentina. The national team won the 2007 Caribbean Nations Cup.

International Sports Haiti has participated in the Olympic Games since the year 1900 and won a number of medals. Haitian soccer player Joe Gaetjens played for the United States national team in the 1950 FIFA World Cup, scoring the winning goal in the 1â&#x20AC;&#x201C;0 upset of England.

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Notes ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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Attachment A The Legal System of The Republic Of Haiti

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The Legal System of The Republic Of Haiti Structure of the Haitian Government The Haitian government is divided into three branches: executive, legislative, and judicial. The legislative branch, or Parliament, consists of a Senate (30 seats) and a Chamber of Deputies (99 seats). Senators and Deputies are elected by direct vote for six- and fouryear terms respectively, and they can be re-elected indefinitely. Parliament enacts laws on all matters of general interest. Bills and other legislative acts enter into force with their publications in the official gazette, Le Moniteur. Bills are numbered and printed in the Bulletin des Lois et Actes de la République d’Haïti. Executive power is vested in the President of the Republic, who is the head of State, and the Prime Minister, who is the head of the Government. The President is elected to a five-year term and cannot be re-elected to a consecutive term. He promulgates the laws, signs all international treaties and agreements, and submits them for ratification to Parliament. The President presides over the Council of Ministers (Conseil des ministres), and enacts Presidential Decrees (Arrêtés). The President selects the Prime Minister from among the members of the majority party in Parliament. With the approval of the President, the Prime Minister chooses the members of the Council of Ministers, subject to parliamentary assent. The Prime Minister is responsible for law enforcement, and has the authority to issue rules and regulations. Judicial power is vested in the Supreme Court (Cour de Cassation), the Courts of Appeal, Courts of First Instance, Justice of the Peace Courts, and special courts. Their operation, organization, and jurisdiction are established by statute. The justices of the Supreme Court and the Courts of Appeal are appointed for ten years. Judges of the Courts of First Instance are appointed for seven years. The Supreme Court’s justices are appointed by the President from a list of three candidates for each court seat submitted by the Senate. Sitting judges of the aforementioned three courts can be removed only under exceptional circumstances, thus safeguarding the judiciary’s independence from political interference.

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The Legal System Judicial Organization Haiti adopted the French civil law system, including the French judicial structure and codification system: Civil Code, Criminal Code, Commercial Code, Code of Civil Procedure, and Code of Criminal Procedure. All Codes were enacted between 1825 and 1835, and with minor changes they resembled their French antecedents. The Labor Code (1961) and Rural Code (1962) were enacted during the government of Francois Duvalier. Statutes are the main source of law, and French doctrine and jurisprudence are the basis for the interpretation of the law. Haïti’s judicature comprises four tiers. The Supreme Court is the highest court of the nation and provides a last recourse in matters decided at the appellate level. The Supreme Court also functions as Superior Magistrate Council, and as Constitutional Court ruling on the constitutionality of a law. At the second tier are the Courts of Appeal. There are five regional appellate courts, located at Port-au-Prince, Cap-Haitien, Gonaïves, Les Cayes, and Hinche. A judge president and two other judges sit in each court. At the third tier are the Courts of First Instance. These are courts of original jurisdiction in civil, commercial, or criminal matters, with a single judge presiding. A Public Prosecutor’s Office is designated for each Court of First Instance. Also at the third tier are examining magistrates, responsible for conducting criminal investigations, issuing formal charges and sending a case to the Criminal Court, to the Division of Minor Offenses, or to the Civil Court - or for issuing a non-suit. The decisions of the Courts of First Instance may be appealed to the Courts of Appeal and to the Supreme Court. Justices of the peace are at the fourth tier, forming the base of the judicial structure. These puisne judicial officers have jurisdiction over small claims in civil, commercial, and criminal matters. In addition to the ordinary courts there are four special courts: the Labor Courts; the Juvenile Court; the Land Court, dealing with registration of property rights in the Artibonite Valley; and the High Court of Accounts, which hears appeals and claims for damages by individuals against the State. This court also has an administrative function auditing the accounts of the State. The decisions of the Labor Courts and the Land Court are only appealable to the Supreme Court. Haiti accepts compulsory jurisdiction of the International Court of Justice (ICJ) on questions of international law, and of the Caribbean Court of Justice (CCJ) for the settlement of trade disputes within CARICOM.

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Primary Sources The Constitution The Constitution of March 29, 1987 is currently in force. This new Constitution defines the government of Haiti as a cooperativist, free, democratic social republic with a dual executive (President and Prime Minister) and a bicameral legislature. It recognizes Créole as an official language along with French, prohibits the cult of personality, stresses the protection of fundamental rights, and provides for the decentralization of the government by entrusting administrative and financial autonomy to the départements and communes. The Constitution also creates an Electoral Council, responsible for the organization elections. Codification 

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 

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Civil Code [Code Civil Haïtien], annoté et mis a jour par Menan Pierre-Louis [adopté par La Chambre des Communes le 4 Mars, Décrété par le Senat le 20 Mars et promulgué le 27 Mars 1825, (Port-au-Prince 1993). Code of Civil Procedure [Code de Procédure Civile], annoté par René Matard. Loi de 19 Sep 1963, in force 17 Jan 1964, (Editions du Soleil 1981). The 1943 edition of the Code of Civil Procedure is available at Digital Library of the Caribbean Criminal Code [Code Pénal], voté a la Chambre des Communes, le 29 Juillet, au Sénat de la République, le 10 Aout; Promulgué, le 11 Aout, 1835. Annoté par Menan Pierre-Louis, (L’Imprimerie Domond 1996). Code of Criminal Procedure [Code d’Instruction Criminelle],Voté a la Chambre des Représentants, le 14 Juillet, Au Sénat de la République, le 31 Juillet, Promulgué, le 31 Juillet 1835, annoté par Menan Pierre-Louis, (L’Imprimerie Domond 1995). The Code of Criminal Procedure of 1826 is available at Digital Library of the Caribbean. Commercial Code [Code de Commerce], Loi du 27 Mars 1826, modifiée par le Décret-loi du 22 décembre 1944) annoté par Menan Pierre-Louis, (Les Editions Fardin 1987). The Commercial Code of 1827 Code is available at Digital Library of the Caribbean. Tax Code [Code Fiscal] mis à jour 1998, par Joseph Paillant, (Imprimerie Deschamps 1998). Labor Code [Code du Travail de la République d’Haïti], Jean-Frédéric Sales, (Presse de l’Université Quisqueya 1992). This is the text of the 1961 Code and its updates. Rural Code [Code Rural], Law of May 24, 1962. Le Moniteur No. 51 May 16, 1962, Amended by Decree of June 26, 1986.

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Law Reporters 

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Le Moniteur, Journal Official de la République d’Haïti, no. 1- 6 December 1862Port-au-Prince, 1862- is published by the National Presses of the Republic of Haiti. Bulletin des Lois et Actes de la République d’Haïti. Année 1832–, Port-auPrince, Imprimerie du Gouvernement, [1832] – Lois et Actes du Conseil National de Gouvernement. [Vol. 1]–, 7 Feb 1986–. [Port-au-Prince] Conseil National, 1988–

Court Reporters ·

Bulletin des Arrêts du Tribunal de Cassation Rendus en Toutes Matières: Affaires Civiles, Criminelles et Urgentes. No. 1–, (1856?)– . Port-au-Prince, Imprimerie de l’Etat, 1856(?)– Sources of Legal Research Background Information

The following sources provide background information on the country. They describe the major historical events; the social and economic conditions of the country; and structure of government. They also include an analysis of the legal system, reports on the situation of human rights, or on national security issues; and contact information for doing business in Haiti.    

US Department of State, background note - Haiti Library of Congress, a country study - Haiti Library of Congress, country profile - Haiti UK Foreign and Commonwealth Office, country profiles - Haiti

Development of the Legal System For an historical view of the development of the legal system in Haiti, the work of Chantal Hudicourt Ewald continues to be the most comprehensive source. To understand the court system and administration of justice in Haiti today I would recommend reviewing the reports of the different international organizations addressing human rights issues or involved in judicial reforms in Haiti; a description of some of these sources follow. 

Chantal Hudicourt Ewald, The Legal System of Haiti, in 7 Modern Legal Systems Cyclopedia (Hein, 1995) (looseleaf). Hudicourt reviews the historical development of the legal system in Haiti until 1980, the sources of law, the structure and organization of the courts, the procedures, legal education and the practice of law. The 1995 update of this article is limited to briefly assessing the political events that occurred after the constitutional reform of 1987. Page 61 of 74



Gerald Perry, Haiti, In International Encyclopedia of Comparative Law, v. I. National Reports, H1 – H5 (J.C.B. Mohr, 1978). The article on Haiti was written in October 1969. Thomas Reynolds & Arturo A. Flores, Haiti, in Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World (F.B. Rothman, 1989), I-A. (loose leaf). Released on 9/2003. Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community. OEA/Ser/L/V/II.123 doc.6 rev 1, (2005).

Laws and Compilation of Laws In addition to the official sources listed above, Thomas Reynolds and Arturo A. Flores’ Foreign Law Guide Database, the Law Library of Congress Global Legal Information Network (GLIN) and E. P. & E.Trouillot’s Code de Lois Usuelles, are the most comprehensive sources for researching Haitian law. 



 

Thomas Reynolds & Arturo A. Flores, Haiti, in Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World. This is a fee base database. Global Legal Information Network (GLIN) GLIN developed by the Law Library of Congress covers the English summary of laws and regulations of Haiti since 1953. The official source is Le Moniteur. Code de Lois Usuelles, edited by Ertha P. Trouillot and Ernst Trouillot, (Montreal, Editions SEMIS, 1998). 2 vols. This book is an annotated compilation of laws of general application from tax, administrative, family, banking and credit laws, to criminal, procedural and immigration laws. Linstant Pradine, Recueil Général des Lois et Actes du Gouvernement d'Haïti depuis la Proclamation de son Indépendance jusqu'à nos Jours mis en ordre et publié par…, (Paris, A. Durand, 1860 – 1888). 8 v. This book is an annotated compilation of Haitian laws enacted from 1804 to 1845. Volumes 7 (1840-1843) and volume 8 (1843-1845) were edited by Emmanuel Edouard. Volumes 4, 5 and 6 are available at Digital Library of the Caribbean. Claudius Ganthier, Recueil des Lois et Actes de la République d'Haïti de 1887 à 1904, (Port-au-Prince, 1907-1912). 3 vols. Etienne Mathon, Annuaire de Législation Haïtienne ... contenant les lois votées par les Chambres législatives en l'année 1904 et les principaux arrêtés d'intérêt général / [edited by] Etienne Mathon, (Port-au-Prince: Im. J. Verrollot, 19051920). Laws enacted from 1904 to 1918.

Constitutional Law The text of the constitution in force in Haiti, in French, Creole or English, can be found in several sources, among which are:

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     

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Constitution 1987 (Georgetown Political Database of the Americas) (French, English) Constitution 1987 (Embassy of the Republic of Haiti, Washington) (Creole, French, English) Constitution 1987 (Droit Francophone) (French) Constitution 1987 (The Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition / OAS) (French, English) Constitution 1987 (ACCPUF) (French) Gisberth H. Flanz, Haiti, 1984-1987, in Constitutions of the Countries of the World (Albert P. Blaustein & Gisbert H. Flanz, 1987). Gisberth H. Flanz introduces the 1987 Constitution of Haiti analyzing the chronology of political events starting in 1984 which lead to the proclamation of the 1987 constitutional reform, highlighting the major changes brought by this constitution. The database contains the text of the 1987 Haitian constitution in French and English. Constitution 1801 This Constitution was promulgated by Toussaint L’Ouverture in 1801 proclaiming himself as Governor for life of Saint-Domingue. The constitution is hosted by the University Pierre Mendes at Grenoble, France. Luis Mariñas Otero, Las Constituciones de Haiti (Ediciones Cultura Hispánica 1968). This book compiles the text in Spanish of the 33 constitutional reforms proclaimed by Haiti between 1801 and 1964, discussing the historical context and the main changes of each reform. Mirlande H. Manigat, Traité de Droit Constitutionnel Haïtien (Université Quisqueya 2000). 2 vols.

Human Rights 



Report of Haiti’s Truth and Justice Commission (1995) (alternatively here). Haiti’s Truth and Justice Commission was created in March 28, 1995 to investigate the violation of human rights under the de facto military dictatorship (September 29, 1991 - October 14, 1995). U.S. Department of State. Under Bureau of Democracy, Human Rights and Labor / Human Rights / Country Reports / by year, one may find: Haiti, Country Reports on Human Rights Practices. See reports for the following years: 2006, 2005, 2004, 2003, 2002, 2001, 2000, and 1999. UN Security Council – Resolutions The United Nations Security Council Resolutions can be found in chronological order on the site of the UN Security Council. See Resolutions On the Question of Haiti for the following years: 2007, 2006, 2005, 2004, 1999, 1998, 1997, 1996, 1995, 1994, 1993 See also, UN Security Council. Mission Reports. Report of the Security Council Mission to Haiti, 13 to 16 April, 2005. S/2005/302

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

·   

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Inter American Commission on Human Rights (IACHR), Annual Reports. Almost every Annual Report of the IACHR presents the state of compliance by Haiti with human rights conventions. See annual reports for the following years: 2006 2005 2004 2003 2002 1998 1997 1991 1990 1988-1989 1986-1987 19851986. See also reports for years 1984-1985, 1983-1984, 1981-1982, 1977, 1976, 1975, 1974, 1973, and 1971. IACHR, Special Reports: Haiti: Failed Justice or the Rule of Law? Challenges ahead for Haiti and the International Community, 26 October 2005 OEA/Ser/L/V/II.123, doc.6 rev 1. IACHR, Country Reports, monitoring the situation of human rights in Haiti. See the following country reports: 1995, 1994, 1993, 1990, 1988, 1979, and 1969. Annual and special reports of the IACHR are also available at the Inter American Human Rights Database, American University, Washington College of Law. Human Rights Watch. Search under information by country / Americas / Haiti. This source is arranged in chronological order and provides an overview of human rights developments in Haiti. Also under Human Rights Watch / Publications / Haiti, one can find information on internal displacements, the use of children as soldiers and the social and legal conditions of Haitians in the Dominican Republic. UN High Commissioner for Human Rights (OHCHR) Under countries, OHCHR in Haiti, this site provides access to reports of the UN Human Rights Bodies regarding Haiti’s status of ratification of Human Rights Conventions; resolutions and statements of the General Assembly regarding Haiti; and the reports of independent experts appointed by the Secretary General informing on the situation of human rights in Haiti. Amnesty International Under Learn about human rights / Select a country / Haiti, for issues on prison conditions, political prisoners, violence against women, discrimination, and migrant Haitian rights in the Dominican Republic. MINUSTAH The site of the UN Stabilization Mission in Haiti (MINUSTAH) includes not only the background information for this particular mission but also the background information, mandate resolutions, facts and figures, and deployment maps for the following previous international missions in Haiti: United Nations Mission in Haiti UNMIH (1993-1996); United Nations Support Mission in Haiti UNSMIH (19961997); United Nations Transmission Mission in Haiti UNTMIH (1997); and United Nations Civilian Police Mission in Haiti, MIPONUH (1997-2000). Institute for Justice and Democracy in Haiti (IJDH) The IJDH is a non-governmental organization based in Haiti working towards reconstruction of democracy, justice and human rights, disseminating information on human rights, pursuing legal cases, and cooperating with human rights groups in Haiti and abroad. IJDH publishes IJDH Human Rights Reports.

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Additional information on human rights in Haiti can be found by searching the following web sites:    

Human Rights Latin America Human Rights Internet (HRI) 2000 | 1999 | 1998 | 1997 National Coalition for Haitian Rights (NCHR) Peace Brigades International - Haiti

Labor Law   



Labor Code, September 12, 1961, updated by Decree of February 24, 1984. Labor Code, September 12, 1961, updated by Decree of February 24, 1984 and Law of June 4, 2003 NATLEX (International Labor Organization) NATLEX is the International Labor Organization’s (ILO) database on labor and labor related legislation and agreements. Browse by country / Haiti. Besides the Labor Code and other Haitian laws on labor, social security, non discrimination, child labor, collective bargaining and industrial relations, NATLEX includes two bilateral agreements between Haiti and the Dominican Republic on employment of temporary sugarcane workers. Francois Latortue, Le Droit du Travail en Haïti (3d ed. 2001). Chapter 2 examines the evolution of labor laws and social rights in Haiti.

Criminal Law 

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Penal Code See alternatively here See alternatively here updated by Decree August 11, 2005 Code of Criminal Instruction See alternatively here Code of Criminal Instruction (1826) - Digital Library of the Caribbean Law of November 29, 1994, on the National Police, Le Moniteur nº 103, December 28, 1994. See alternatively here Law of August 7, 2001, relative to the Suppression and Control of Illicit Drug Trafficking Moniteur nº 156, October 4, 2001. The electronic file is incomplete. See alternatively here Law of February 21, 2001 Money Laundering Law, Proceeds from Illicit Drug Trafficking and Other Serious Offenses. Le Moniteur No. 30, April 5, 2001, and Le Moniteur N° 97, December 3, 2001. See alternatively here See alternatively here UN Office on Drugs and Crime The UN Office on Drugs and Crime database, UNODOC’S Online, contains the laws on drug abuse, prevention and treatment, national control measures related Page 65 of 74

to demand, supply and traffic of licit and illicit drugs, criminal sanctions and international cooperation. See country pages / Haiti. Business Law and Banking Law For business law and doing in business in Haiti see the following sources:     

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 

Bank of the Republic of Haiti, under Supervision Bancaire one can retrieve commercial, mortgage bank laws, and prudential norms. Banking Law. Decree of November 14, 1980. Le Moniteur no. 82, November 17, 1980 Law of August 28, 1984. Creation and functioning of mortgage banks. [Banques d’Epargne et de Logement] Le Moniteur no. 64, September 6, 1984. Law of August 17, 1979, on the creation of the Bank of the Republic of Haiti. Le Moniteur No. 72, September 11, 1979. Doing Business (World Bank) The Doing Business Library of the World Bank provides access to the constitution, banking and credit laws, commercial and company laws, labor laws, tax laws, and land and building laws. Select an economy / Haiti. Haiti Embassy in Washington The site of the Embassy of the Republic of Haiti in Washington, section on business, includes norms and regulations regarding business and investment in Haiti, business associations and a guide to investment, internal taxes and fees, and labor related laws. Loi sur la modernisation des entreprises publiques, Le Moniteur no 75-A, October 10, 1996. Labor Code and its implications, internal taxes and fees. Centre de Recherche et d’Information Juridique (CRIJ), under Bibliothèque Virtuelle / Droit Haïtien / Code de Lois. See the following codes: Investment Code, Law of November 26, 2002, modifying the Decree of October 30, 1989 Alternatively here (English) Customs Code (Code Douanier), Decree of May 5, 1987, modifying the Decree of August 28, 1962. Théophile J. B. Richard, François Latortue & Pierre Chauvet, A Statement of the Laws of Haiti in Matters Affecting Business (3rd., Organization of American States 1974). This summary of laws and regulations of Haiti on commercial related matters is still a valid source certain areas such as public lands, forestry, water and mining legislation, patents and trademarks, copyright, and property.

Real Property and Cultural Property Law 

Rural Code (1962) Le Moniteur No. 51 May 16, 1962, amended by Decree of June 26, 1986.

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 

Code Rural de Boyer 1826, avec les commentaires de Roger Petit-Frère, Jean Vandal, Georges W. Werleigh (Archives Nationales d’Haïti 1992). Digital Library of the Caribbean Francois Blancpain, La Condition des Paysans Haïtiens: Du Code Noir aux Codes Rureaux (Editions Karthala 2003). See pages 184 – 194 for a chronology of laws on abolition of slavery, land distribution and tenure, and property rights. Joint Ownership Law [Loi sur la copropriété], August 13, 1984, Moniteur, No. 82. Recueil des Textes Législatives Concernant la Protection du Patrimoine Culturel Mobilier (Unesco 1981) [The Protection of Movable Cultural Property: Compendium of Legislative Texts], Law of April 23, 1940, and Decree Law of October 31, 1941.

Electoral Law  

Electoral Law, Decree of February 3, 2005. Electoral Law, July 1999 (Alternatively here)

Natural Resources and Agriculture Law  



Rural Code (1962) Le Moniteur No. 51 May 16, 1962, amended by Decree of June 26, 1986. Code Rural de Boyer 1826, avec les commentaires de Roger Petit-Frère, Jean Vandal, Georges W.Werleigh (Archives Nationales d’Haïti 1992). Digital Library of the Caribbean. Faolex, Fishlex, and Ecolex, provides the full text of national laws, regulations, treaties, and secondary sources on environmental law, food and agriculture, renewable natural resources, forest, fisheries and aquaculture. UNESCO. Environment and Development in Coastal Regions and in Small Islands (Lois Relatives à l'Environnement Côtier et à la Pêche en Haïti) CSI Info 13 (2002). This publication contains an abridged version of Haiti’s fisheries and environmental laws as they relate to the protection and management of coastal environments, text in French and Creole.

Intellectual Property Law For intellectual property, patents and trademark laws see the following sites to identify relevant intellectual property laws in force: 



SICE Law on Literary and Artistic Property, of October 8, 1885; Law of December 14, 1922; and Patents and Trade Marks Decree of June 19, 1960. World Intellectual Property Organization (WIPO) The database Collection of Laws for Electronic Access (CLEA) – Legislative Texts of the World Intellectual Property Organization (WIPO) cites the relevant Haitian trademark laws but does not provide access to the fulltext: Law of July Page 67 of 74

17, 1954, on Trademarks (Loi sur l'enregistrement et les cessions des marques de fabrique ou de commerce du 17 juillet 1954) and Law of July 14, 1956, amending the Trademarks Law of July 17, 1954. Family Law 



Representing Children Worldwide (RCW), Yale Law School’s website, provides a summary and analysis of legal instruments for the protection of children in Haiti. Browse under: Jurisdiction research/ Caribbean/ Haiti. CRIJ, Rights of the Children [Droit de L’Enfant] Laws related to children, violence against children, adoption, articles on juvenile delinquency and treaties and conventions on the rights of children ratified by Haiti.

Maritime Law 

Oceans and Law of the Sea The information system of the United Nations Division of Ocean Affairs and Laws of the Seas (DOALOS) maintains a comprehensive database on national maritime delimitation, legislation and treaties of countries around the world. Under maritime space legislation and treaties database, access database by countries / Latin American and Caribbean States / Haiti. See the laws establishing the boundary of the territorial waters of the Republic of Haiti, and the Agreements on delimitation of the maritime boundaries between the Republics of Colombia and Haiti (1979), and the Republic of Cuba and Haiti (1977).

Telecommunication Law The National Telecommunication Counsel (CONATEL) is the official institution regulating telecommunications in Haiti. On the website of CONATEL, under Legislation are the following telecommunication laws:   

Decree October 12, 1977, granting to the State the monopoly of telecommunication services; Alternatively here Decree of October, 30 1969, creating the National Telecommunications Counsel (CONATEL). Le Moniteur, No. 105. Organic Law of CONATEL, August 20, 1987, Le Moniteur, 68, describing the structure, mission, and functions of CONATEL.

Tax Law  

Code Fiscal mis a jour 1998, by Joseph Paillant. Port-au-Prince : Imprimerie Deschamps, 1998. pp. 562. Gélin I. Collot, Traité de Droit Fiscal: Contribution a la Promotion du Droit et a la Réforme Judiciare en Haïti (Imprimerie Henri Deschamps 2006).

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Treaties and International Agreements Haiti signed and ratified on July 2, 2002 the Treaty of Chaguaramas, which allowed for the establishment of CARICOM, the Caribbean Community and Single Market Economy (CSME). Haiti is also a signatory, since December 15, 1989, to the ACP/EC Convention, better known as the Lomé Convention. For other treaties and international agreements signed by Haiti see: 



United Nations Treaty Series For multilateral and bilateral agreements, treaties, and conventions signed by Haiti and registered with the General Secretariat of the United Nations. SICE (Foreign Trade Information System) For the full text of trade agreements and bilateral investment treaties in force signed by Haiti with France (1984), Germany (1973), United Kingdom (1985), and the United States (1983). Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition. For bilateral treaties on extraditon signed by Haiti with Great Britain (1874) and with the United States (1904). CRIJ (Centre de Recherche et d’Information Juridique) CRIJ makes accessible the texts of the extradition treaties signed with Great Britain in 1974 and with the United States in 1904. The arbitration and conciliation treaty signed with Denmark in 1928 and a bilateral trade agreement with Denmark signed on October 21, 1937. UN High Commissioner for Human Rights (OHCHR) Under countries / Human Rights in the World / Latin American and Caribbean Region / Haiti, gives the Status of Ratification of human rights conventions, and reports on compliances with the conventions. Haiti is signatory of the following human rights conventions: The International Covenant on Civil and Political Rights (CCPR), 1966; Convention for the Protection of All Persons from Enforced Disappearance (CED), 2007; Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1980; International Convention on the Elimination of All Forms of Racial Discrimination (CERD), 1972; Convention on the Rights of the Child (CRC), 1990; Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (CRC-OPAC), 2002; and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC-OP-SC), 2002.

Bilateral Treaties with the Dominican Republic For bilateral treaties with the Dominican Republic, a recommended resource is the Treaties database of the Ministry of Foreign Relations of the Dominican Republic (SEREX). 

SEREX Under Tratados y Acuerdos/ keyword search/ Haiti, this resource provides

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access to the text of Treaties and Agreements signed by Haiti with the Dominican Republic. Legal Periodicals  

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Chronique Judiciaire d’Haïti, No. 1– , Oct 1980– . Port-au-Prince. L. Lacarriére, 1980– . Monthly publication. Revue de Droit et d’Economie, Faculté de Droit et des Sciences Economiques (FDSE), Université d’Etat d’Haïti (UEH), No. 1 – Janvier-Juin, 2004. Presmmart Imprimerie, Port-au-Prince. Revue de la Société de Législation, v. 1, April 1, 1892 - Port-au-Prince, Imprimerie de La Jeunesse, 1892 – 1914 ; available at The Digital Library of the Caribbean (Dloc). Revue Juridique de l’Université de Quisqueya. Vol. 1, no 1 (janv./juin 1994) – irregular; only three issues have been published to date.

News 

 

Haiti Observateur (New York) This weekly newspaper is published in New York for the Haitian community. The site of the newspaper contains archival editions of the previous six months, from July to December 2006. See also the database Haiti Observateur (HAITIOBSVR) in Westlaw. Alter Presse (Haiti) News in English, French, Spanish and Creole. Haiti Info Compilation of news articles on Haiti appearing in the world media. News is in the original language of the media where they were published.

Legal Education The Faculté de Droit et des Sciences Économiques (FDSE) of the State University of Haiti (Université d’Etat d’ Haïti), located in Port-au-Prince, is the oldest law school in Haiti. It started in 1860 as the School of Law of Port-au-Prince, and changed in the late 1940’s to the School of Law and Economics. Under the State University system there are eight universities in the country, in different Departments, each one with a law school. These are: 1) Faculté de droit du Cap (département du Nord); 2) Faculté de droit des Cayes (département du Sud) ; 3) École de droit de Port de paix (département du Nord'Ouest) ; 4) École de droit de Fort liberté (département du Nord'Est) ; 5) École de droit des Gonaïves (département de l'Artibonite) ; 6) École de droit de St Marc (bas Artibonite) ; 7) Ecole de droit de Jacmel (département du Sud'Est) ; and 8) École de droit de Jérémie (département de la Grand'Anse).

Page 70 of 74

A second university with a law school is the Université Quisqueya, Faculté des Sciences Juridiques et Politiques (FSJP). This is a private university located in Port-auPrince and publishes the legal journal Revue Juridique de L’Université de Quisqueya. Legal education in Haiti is a four year program leading to a bachelor’s degree in law (Licencie en Droit). The Profession The Bar (Le Barreau) is the professional association that rules the practice of law in Haiti, and it is regulated by the Decree of March 29, 1979. The practice of law is strictly reserved to Haitian citizens without distinction of sex. Lawyers must accredit a Bachelor’s degree in Law from the State University of Haiti or an equivalent title from a national or foreign university plus two years of practice obtaining a certificate of professional aptitude from The Bar. Legal Sites Listed below are the most relevant websites providing access to the legal literature of Haiti and information significant to Haitian legal research.      

        

ACCPUF - the Association of Constitutional Courts Sharing the Use of the French Language. Bank of the Republic of Haiti Centre de Recherche et d’Information Juridique (CRIJ) - a non governmental organization contributing to the development of law in Haiti. Le Civiliste - Le Civiliste reproduces the articles by Jean Marie Mondesir published in Le Juriste Haitien. Droit Francophone (Organisation Internationale de la Francophonie). Environmental Law, Policy and Economics - OAS, supports information of the member states concerning the protection of the environment, water laws, human rights and the environment. Forum Citoyen pour la Réforme de la Justice Institute for Justice & Democracy in Haiti (IJDH) JURIST - Legal News and Research, University of Pittsburgh School of Law. Le Juriste Haïtien - this site was created by Jean Marie Mondésir to promote Haitian law. MICIVIH - International Civilian Mission in Haiti OAS/UN. MINUSTAH - United Nations Stabilization Mission in Haiti. Mutual Legal Assistance in Criminal Matters - OAS Information Exchange Network for Mutual Legal Assistance in Criminal Matters. NATLEX - International Labor Organisation (ILO). Rights & Democracy - International Center for Human Rights and Democratic Development (Canada).

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 



  

SICE, OAS - Foreign Trade Information System contains national legislation on trade, intellectual property rights, investment laws, bilateral investment treaties, and trade agreements by country. UN Oceans and Law of the Sea - maritime space, legislation and treaties database. UNODOC’s online - The UN Office on Drugs and Crime makes available the laws and regulations of countries around the world on drug control and money laundering. USAID - The United States Agency for International Development. Under USAID Documents / search USAID reports / select topic: human rights/rule of law; select country / Haiti. The World Law Guide (Lexadin) The World Law Guide includes the Constitution, electoral laws, criminal, labor and banking laws of Haiti. Under Legislation, select Haiti. World Peace Foundation - The World Peace Foundation (WPF) is engaged since 1993 in studying the prospects for democracy and resolving conflicts in Haiti along with other countries such as Cyprus, Sudan and Sri Lanka

http://www.nyulawglobal.org/globalex/Haiti.htm#_Judicial_Organization

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Attachment B An Overview of the Haitian Justice System

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KU ScholarWorks | http://kuscholarworks.ku.edu

Please share your stories about how Open Access to this book benefits you.

An Overview of the Haitian Justice System

by Sara Lechtenberg Edited by Bryant C. Freeman 1996

This is the published version of the book, made available with the permission of the publisher. The original published version can be found in the KU Library Collections at the link below. Lechtenberg, Sara and Freeman Bryant C. Includes bibliographical references (leaves 23-25). iv, 25 leaves ; 28 cm. Published version: http://catalog.lib.ku.edu/cgi-bin/Pwebrecon. cgi?bbid=2523207 Terms of Use: http://www2.ku.edu/~scholar/docs/license.shtml

This work has been made available by the University of Kansas Librariesâ&#x20AC;&#x2122; Office of Scholarly Communication and Copyright.

Occasional Paper NÂ° 11 Bryant C. Freeman, Ph.D. General Editor

Sara Lechtenberg

An Overview of the Haitian Justice System ÂĄi

|C <k s

IIIU

Institute of Haitian Studies University of Kansas 1996 R0D322

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University of Kansas Institute of Haitian Studies Occasional Papers Bryant C. Freeman, Ph.D. - General Editor

No 1

Konstitisyon Repiblik Ayiti, 29 mas 1987. 1994. Pp. vi-106. Haitian-language version (official orthography) of the present Constitution, as translated by Paul Déjean with the collaboration of Yves Déjean. Introduction in English.

No 2

Toussaint'» Constitution (1801), with Introduction. 1994. Pp. ix-20. In French. Introduction (in English) places Constitution in its historic context and analyzes salient features.

No 3

Bryant C. Freeman, Selected Critical Bibliography of English-Language Books on Haiti. 1995 (Updated). Pp. 21. More than ISO entries, with brief description of each; special list of "Top Ten." Introduction and text in English. Updated periodically.

No 4

Strategy of Aristide Government for Social and Economic Reconstruction (August 1994). 1994. Pp. iv-9. Official document setting forth recovery plan for Haiti. Introduction and text in English.

No 5

Robert Earl Maguire, Bottom-Up Development in Haiti. 1995. Pp. iv-63. Keynote: develop people rather than things, with case study as carried out in Le Borgne. Introduction and text in English.

No 6

Robert Earl Maguire, Devlopman Ki Soti nan Baz nan Peyi Day it L 1995. Pp. v-71. Haitianlanguage version of No 5, in Pressoir-Faublas orthography. Introduction in English.

No 7

Samuel G. Perkins, "On the Margin of Vesuvius": Sketches of S t Domingo, 1785-1793. 1995. Pp. vi-75. First-hand account by an American merchant living in Saint-Domingue during onset of the Haitian Revolution. Introduction analyzes strong and weak points of narrative. Index of Proper Names.

No g

Official Spelling System for the Haitian Language. 1995. Pp. 27. Text of official Haitian government edict of 28 September 1979, in Haitian. Editor's remarks in English on subsequent contemporary usage and brief pronunciation guide. Eleven pages chosen to illustrate good usage of official system, plus brief examples of the three major preceding orthographies. Introduction traces development of the four major systems.

No 9

Organization Charts of the Haitian Judiciary and Military. 1995. Pp. 10. Two charts of Haitian judicial system - one in French and English, other in French only. Three charts in French of Armed Forces of Haiti (1993) and one of Port-au-Prince police; officer and enlisted ranks with insignia (in French and English). Introduction in English.

No 10

Tèt Kole Ti Peyizan Ayisyen, Dosye Chef Seksyon: Chef Seksyon - Yon Sistèm Ki Mérite Elimine. 1995. Pp. vi-52. Detailed, scathing account of the institution of section chiefs as of March 1991, compiled by a leading Haitian peasant group. Much exact information. Introduction in English, text in Haitian (official orthography).

Available through:

Mount Oread Bookshop University of Kansas Lawrence, Kansas 66045 TeL: (913) 864-4431

Occasional Paper N째 11

July 1996

AN OVERVIEW OF THE HAITIAN JUSTICE SYSTEM This is the eleventh in a series of documents concerning Haiti to be made available through the University of Kansas Institute of Haitian Studies. The present Paper is the result of an original investigation conducted by Sara Lechtenberg involving no less than eighteen personal interviews with Haitian judges and lawyers, as well as with several foreign observers highly knowledgeable concerning the Haitian justice system, in addition to a number of written sources. She previously studied Journalism and Haitian Studies as an undergraduate at the University of Kansas, and subsequently was graduated from the University of Kansas School of Law. Ms. Lechtenberg has made in all seven trips to Haiti and has recently served as a consultant for the United States Agency for International Development in Haiti (USAID/Haiti) concerning the administration of justice. She was awarded a Fulbright Scholarship to Haiti for 1996-97 in order to study Haiti's criminal justice system. We believe the present study constitutes a valuable summary of the justice system in Haiti at the present time. The presence of the United Nations Mission in Haiti (UNMIH) affords that nation at least a temporary respite from organized armed internal political strife, during which period it is hoped that basic structural reforms can be carried out in its administration of justice helping to ensure future stability in both the civic and political sectors. Without rule by law, no nation can long prosper. Bryant Freeman

iii

CONTENTS

The Justice System A. Written Laws B. Court Structure C. (Injustice System

1 1 4 4

II.

Problems With the Haitian Justice System A. Weapons B. Judges 1. Inadequate Nomination and Recruitment Procedure 2. Judicial Corruption 3. Unqualified Judges 4. Inadequate Judicial Education Programs 5. Low Respect for Judges 6. Ineffective Disciplinary Council C. Lawyers D. Modern Legal System Misunderstood and Mistrusted E. Justice System Inaccessible F. Disorganization G. 1987 Constitution Criticized H. Inadequate Law Enforcement I. Lack of Infrastructure and Basic Equipment J. Multinational Forces Aligned with Former Human Rights Abusers KL -Street Justice"

6 7 9 9 10 11 11 11 12 13 13 14 14 15 15 16 17 17

III.

Conclusion Interviews Endnotes

19 21 23

October 15, 1994 marked the return of Haiti's first democratically elected president, ending three years of military dictatorship. Jean-Bertrand Aristide, elected in 1990 by a 67 percent majority, preaches a message of reconciliation. Not far from the National Palace hang banners which read "Respect Life," and the building that once served as military headquarters now houses the newly created Ministry of Women's Affairs. During the days following Aristide's return, the talk on the radio and in the market is of "democracy" and "justice." But democracy and justice are not just the current topics of conversation in Port-au-Prince; foreign nations and non-governmental organizations have pledged nearly a billion dollars to Haiti to help build a stable democracy. In an August 1994 statement, the Aristide government stressed the importance of developing a strong justice sector: [T]he second cornerstone for both a peaceful democratic society and a prosperous economy is represented by the establishment of an independent Judiciary that is able to fairly arbitrate conflicts among the members of society, and provide adequate protection for private sector activity, property rights and fundamental human rights. 1

As Haiti moves from military dictatorship to democracy, many people are looking closely at the problems that have plagued the Haitian justice sector. This paper will provide a brief sketch of both the legitimate Haitian justice system and the (injustice system that has ruled Haiti in the past. After providing this background, the problems that currently plague the Haitian justice sector will be evaluated. This evaluation is drawn from interviews conducted in January 1995 with members of the Haitian legal community, human rights observers, and others directly involved in the justice sector. In conclusion, a personal perspective on the future of the Haitian justice sector will be presented.

I. THE JUSTICE SYSTEM A. Written Laws In 1492 Christopher Columbus claimed Haiti for the Spanish, but the dominant influence on the legal development of Haiti came only later, from the French. In the 1697 Treaty of Ryswick, Spain officially recognized France's right to what is today Haiti. During the French colonial period, "Le Code Noir" served as the law of Haiti. 2

During the colonial era, the French used African slave labor to produce sugar, cotton, indigo and other cash crops for Europe. After close to 300 years of exploitation, slaves rebelled against the French colonists, and Haiti won its independence in 1804. Between 1804 and 1825, chaos dominated the Haitian justice sector. During this period, Haiti's presidents 1

issued diverse laws called "Imperial Ordinances," but many people found these regulations confusing. In response to this confusion, the Haitian Government created a nine-member commission to prepare a civil code following the Constitution of 1816. Two years later, the nine-member commission presented a draft which was essentially a replica of France's Napoleonic Code. 4

French jurists wrote the French Civil Code promulgated by Napoleon in 1804. The French code reflected European law prior to 1804, but also addressed the newer ideology of the "liberal" revolution of the French. These codes were written with the Utopian idea that the average citizen could read and understand the law, and the Civil Code could sit next to the family Bible in every home to provide guidance on legal matters. 5

Just as the French Civil Code is divided into 35 "laws," the Haitian Civil Code has 35 corresponding "titles." Some of the articles present in the French Civil Code did not appear in the Haitian Civil Code, thus reducing the initial number of articles from 2281 to 2047. 7

Soon after adopting the French Civil Code, Haiti adopted the French Commercial, Criminal, and Procedural Codes. Only slight modifications were made to the French Codes prior to passage, and these Codes still serve as the backbone of the Haitian legal system. New legislation is published in the Haitian government's official gazette, Le Moniteur, and through the process of codification, new laws are integrated into the codes. 8

In the civil law tradition, legal analysis is based on a hierarchy of legislation, regulations, and customs, with constitutional law assuming importance only recently. The primary source of law is legislation, not judge-made law. Haitian lawyers and judges rely on the writings of French legal scholars and court decisions to aid in the interpretation of code provisions. Haiti has had no less than twenty constitutions since winning independence from France in 1804. According to one source, the large number of constitutions is due to the fact that, rather than using amendments as seen in the United States Constitution, Haitian leaders proclaim a new constitution each time a change is made. Other civil law countries with more stable political environments have also had more than one constitution; for example, France has had nine constitutions since 1798, with its latest constitution serving only since 1958. 10

In many of Haiti's constitutions, the new president grants himself the right to rule for life as well as the right to name a successor. Haiti's first constitution, promulgated in 1801 by Toussaint Louverture, contains these same two provisions, and well over a century later the four constitutions promulgated by Franรงois Duvalier continued to have this same authoritarian element. 11

The French influenced the early development of Haitian law, but the United States directly impacted Haitian constitutional law during its 1915 to 1934 Occupation. The US 2

influenced the 1918 and 1932 Constitutions in many ways. First, those written during the U.S. Occupation were the first to allow foreigners the right to own land in Haiti. Second, these constitutions had provisions that validated the acts of the American authorities during the Occupation. Additionally, the presidential term was reduced from seven to four years. 13

The current constitution, written shortly after the departure of Jean-Claude Duvalier, was approved by public referendum in 1987, suspended in 1988 by General Henri Namphy, and reinstated in 1989. Drafters of the 1987 Constitution looked to earlier Haitian Constitutions, foreign constitutions, the abuses of the Duvalier era, as well as incorporating personal ideologies. 14

The 1987 Constitution departs from the authoritarian trend of past constitutions and focuses instead on individual liberty. It guarantees the right to life, freedom of speech, freedom of assembly, and freedom of religion. Additionally, Number 20 abolishes the death penalty. One example of the focus on individual rights is Number 24-3(5). This provision states: "Chak moun reskonsab tèt yo. Yo pa gen dwa arete pèsonn moun nan plas yon lot moun." ("Responsibility is personal. No one can be arrested in place of another.") It had been common for police to arrest a friend or relative instead of the accused when the person officially charged could not be found, and the 1987 Constitution seeks to remedy this injustice. The 1987 Constitution mixes realism and optimism. For example, Number 32-2 states: "Premye travay Leta, ak moun ki alatèt chak zôn peyi a, se je yon jan pou tout moun rive al lekôl Se sèl jan yo va kapab mete peyi a sou wout pwogrè vre." ("The first responsibility of the State, with community leaders, is to make it possible for every person to go to school. Only in this manner is it possible to put the country on the true road to progress.") In this provision, and in many others like it, the drafters acknowledge the massive problems that Haiti must overcome, and constitutionally require the State to serve as a force of change, rather than as a force of repression. According to some writers, the provision in the 1987 Constitution which speaks most clearly of the abuses of the Duvalier regime is Article 291. This provision establishes that for ten years following the publication of the constitution, no person previously affiliated with the Duvalier regime may be a candidate for public office. According to Haitian civil rights activist Jean-Claude Bajeux, article 291 made the 1987 Constitution very popular with the majority of Haitians who "went into the streets shouting their joy and approval" once the article was read over the radio. 16

The right to a jury trial in criminal and civil cases is present in early Haitian Constitutions, but this right has not been consistently maintained in later constitutions. The 1843 Constitution granted the accused the right to a jury trial for all offenses, whereas the 1928 Constitution establishes that a jury trial is granted only "for such criminal cases as the law will determine." Today, Criminal Courts empanel a jury only for cases involving violence. * 17

Of particular impact on the Haitian legal system is Number 276-2. This provision establishes that all ratified international treaties are incorporated into Haitian law and supersede any conflicting domestic legislation. Haiti is party to many international human rights and trade treaties and these covenants take precedence over domestic law. 19

B. Court Structure The Law of 1985 divides the Haitian Court system into 15 districts. The justices of the peace sit at the lower level-of the judicial hierarchy and have jurisdiction over both civil matters and minor criminal offenses. The primary responsibility of the justice of the peace is to reconcile disputing parties, and their decisions may be appealed to the trial court level The justice of the peace refers more serious civil and criminal offenses to the Office of the Public Prosecutor. The duty to investigate serious crimes is handled jointly by the Office of the Public Prosecutor and the Investigating Judge. In the common law tradition of England and the United States, there is no Investigating Judge. In civil law countries, judges are responsible for investigation and adjudication. This joint responsibility to investigate is seen in the French system where police, prosecutor, and the judicial official are charged with investigative responsibilities. Once the Public Prosecutor and the Investigating Judge decide to pursue criminal sanctions, the severity of the crime determines which court will try the case. The Correctional Courts handle felonies punishable by a maximum of five years imprisonment, and the Criminal Courts try cases in which conviction may result in life imprisonment The four Courts of Appeal hear cases from the lower courts. The Supreme Court, the Cour de Cassation, is the court of last resort and hears only cases appealed from the lower courts. Similar to the United States Supreme Court, the Cour de Cassation does not retry cases appealed from the lower courts, but rather reviews the lower court's decision and rules on the constitutionality of laws. If the Cour de Cassation finds an irregularity with the lower court ruling, the justices remand the case for further adjudication. 20

C. (In)justice System On paper, Haiti has clear rules governing which court has jurisdiction to adjudicate a claim and which law to apply. In reality, written law has not been followed. The highest law has been the law of men, rather than the law of the Constitution. According to one writer, Haitians have lived for the past 200 years in a state of non-law under a "just-us" or injustice system where only a limited few receive benefits and the rest who

resort to the judicial system are subject to its haphazard operation and/or corruption. 21

Other sources call the (injustice system the "Gwo Nèg or "Big Man" system. The most powerful person in the community, the "Gwo Nèg," has dominated all aspects of life and what this person said always overruled any written law. The position of "Gwo Nèg" has varied with the change in ruling political parties, but typically a military official, a member of a paramilitary organization, a member of the executive branch, or a wealthy individual has filled the "Gwo Nèg" position. M

The section chief, similar to a county sheriff in the United States, served as "Gwo Nèg" during the Duvalier years. One grassroots group, Tèt Kole Ti Peyizan Ayisyen, claims that under the section chief system, a farmer living in rural Haiti in the 1990s enjoys no more freedom than did his slave ancestors in the 1790s. Under the "Gwo Nèg" system, section chiefs commonly forced peasants to work for free, and anyone who challenged the power of the section chief was silenced through torture or death. 23

One member of the Haitian judiciary, a justice of the peace, gives the following description of the power of the section chief: The section chief and his assistants establish their own administration; they arrest and try people themselves and do not involve the justice of the peace or the civil court system at all... The justice of the peace does not know what is going on in the hills. 24

Another person who filled the "Gwo Nèg" position during the Duvalier era was the local "Volunteer For National Security" chief — better known as the local head Tonton Macoute. His power eclipsed the judicial authority of the local magistrate, and by swearing allegiance to the Duvalier regime, he had the power to arrest, try, and execute. 25

After Duvalier fell in 1986, military domination of the justice sector continued. Some leaders attempted to limit the "Gwo Nèg" system but were largely unsuccessful. 26

Under the Aristide government the "Gwo Nèg" injustice system continued. During the eight months prior to the 1991 coup, a local Aristide supporter or an appointee from the Ministry of Interior served as "Gwo Nèg" in the community. 27

Sources disagree as to how effective Aristide was in developing a strong justice sector in the eight months he served as president prior to the September 1991 coup. Supporters claim he worked to create an environment in which the rule of law would prevail over the "Gwo Nèg" injustice system for the first time. Pro-Aristide groups point to the dissolution of the section chief position, the arrest of leaders of crime rings, anti-corruption campaigns in government, and attempts to control the drug trade as significant strides toward the establishment of a free and fair justice sector. * 2

Others claim Aristide weakened the rule of law by encouraging crowds to seek justice in the streets rather than justice in the courts. Critics point to several of Aristide's speeches and say he encouraged the masses to usurp the judicial process. Human rights organizations, many of which are traditionally supportive of Aristide, say he should have spoken out against a system based on vengeance and mob violence. 29

Shortly after the September 1991 coup in which Aristide was overthrown, the military regime revived the section chief position. Amnesty International found that repression in the countryside had increased with the reinstatement of the section chiefs. The section chief or an ally.of the.military served as "Gwo Nèg" during the three years that Aristide was in exile. 30

In the summer of 1993 allies of the military regime formed the paramilitary organization called Front pour l'Avancement et le Progrès d'Haïti (FRAPH). FRAPH members say their organization was a legitimate political party, but human rights organizations and embassy sources document that FRAPH served as a front for the military. 31

Although Aristide returned to power in Haiti, the transition to a system based on written law was not automatic. According to the United States Agency for International Development (USAID), the Gwo Nèg" justice system continues. Power is not evenly distributed in the justice sector and currently the prosecutors—members of the legitimate justice sector-hold the position of "Gwo Nèg." w

These prosecutors are able to dominate the justice system because they have the power to decide which cases warrant trial. USAID points out that prosecutors frequently pursue merit less claims against enemies and avoid pursuing politically sensitive cases. 33

Members of the Haitian legal community believe that the transition from the "Gwo Nèg" system to a modem justice system will be difficult According to Port-au-Prince attorney Patrick Woolley, "Haiti is currently operating under what is legitimate rather than what is legal." Woolley contends that Haiti is not following the strict letter of the Constitution; instead there is an attempt to follow the spirit of the law. 34

William O'Neill, Senior Policy Advocate for the National Coalition For Haitian Refugees, says this "extra-legal" transition period is required in order to move from a non-law system to one in which written laws will govern. 35

H. PROBLEMS WITH THE HAITIAN JUSTICE SYSTEM Dèyè Men, Gen Man (Literal Translation: Behind mountains, there are mountains. Cultural Significance: Behind one problem lies another problem.)

This Haitian proverb accurately describes the status of the Haitian justice sector. At first glance, an observer sees the major obstacles, but upon closer inspection, additional problems come into focus. The following pages present a look at some of the principal problems concerning the Haitian justice sector. This is by no means a comprehensive, scientific evaluation of the problems, but rather presents the results of three weeks of informal interviews with members of the Haitian legal community. In order to gain a wide range of perspectives, both conservative and liberal members of the Haitian justice sector were consulted, along with a broad spectrum of human rights organizations. The intention has been to present this information in an objective maimer, and personal views will be reserved for the conclusion. A. Weapons "Melt the weapons and turn them into tools, please." (A member of a Haitian women's cooperative) 36

Many sources believe the high level of weapons among former military and paramilitary organizations blocks the development of a strong justice sector. Necker Dessables, Executive Secretary for the Justice and Peace Commission, says the justice sector continues to be held ransom. In 1993 and 1994 people didn't want to make arrests because of pressure from the military. Now judges don't want to pursue cases because of the same pressure â&#x20AC;&#x201D; there is no security. Judges say that they don't have the authority or the paperwork to arrest people, but this is just an excuse to mask their fear of retribution from those who are armed. The fear is still there. 37

Although Aristide has abolished the military, there are still many weapons in Haiti. Members of the Haitian military kept their firearms when they left their positions and approximately two hundred thousand guns are held by the former military and the still active paramilitary organizations. 31

The Ecumenical Program on Central America and the Caribbean reports that people in the countryside continue to be attacked, terrorized, and killed by paramilitary attachĂŠs and Haitian military even after Aristide's return. 39

Yves Denize, a New York attorney who visited Haiti on behalf of the Lawyers Committee for Human Rights, sees the high level of weapons among former military and paramilitary organizations as a major barrier. According to Denize, former members of the military and paramilitary forces are "fully armed and ready to go into action once the Multinational Force (MNF) is gone." 40

Many human rights organizations warn that without an aggressive disarmament campaign, the upcoming elections for the Haitian legislature will be dangerous. Elections are 7

scheduled to be held in June, but according to a Pax Christi human rights observer who visited Haiti in December, many people fear the elections will be violent. 41

The Commission for Justice and Peace also believes that a safe and fair election will not be possible if there is no disarmament Necker Dessables points to the 1987 elections which were canceled after armed military and paramilitary organizations killed voters at polling stations. Dessables explains, "We have the 1987 elections as a souvenir... Only those with guns will vote [in the upcoming elections] and this will be a de facto coup. A coup in the ballot box." 42

Pax Christi observers met with Colin Granderson, the head of the OAS-UN Observer Mission, who stated that the US and MNF have effectively stopped searching for arms. 43

One barrier to an aggressive disarmament campaign is the 1987 Constitution. Numbers 268-1 through 268-3 address the right to bear arms. The 1987 Constitution provides that citizens have the right to use a gun in self-defense in the home and may carry a gun with the permission of the chief of police. 44

The Lawyers Committee For Human Rights reports several possible reasons for the lack of an aggressive disarmament campaign. In addition to the legal constraints of the 1987 Constitution, an active program would require additional work for the MNF, and there would be an increased risk of casualties. Also, many of the MNF do not see the need for an active disarmament campaign; one US military official explained that the crime levels in Haiti do not merit an aggressive disarmament campaign. To this individual, and to a great number of the US military, disarmament programs are conducted in response to crime problems. Currently, the US forces either do not see a need for a disarmament campaign because they do not see a high probability for a resurgence in human rights abuses, or they choose not to actively disarm because of political ramifications. According to General Joseph W. Kinzer, commander of United Nations Forces in Haiti, the UN mandate does not authorize an active disarmament program. 45

Several sources criticize the disarmament campaign the MNF ran during the early days of the occupation and say the practice of using the Haitian Armed Forces in the disarmament process was unwise. Human rights organizations question whether a disarmament campaign can be effective if those who disarm are allied with those who are being disarmed. The MNF and the Haitian Armed Forces conducted all weapon searches jointly and the Haitian Armed Forces were informed of the time and place for searches. When former military members were scheduled to be searched, the current Haitian military were able to warn former colleagues of the impending search. 46

B. Judges "Cawed, corrupted and often incompetent" (Lawyers Committee description of the Haitian Judiciary) Regardless of political affiliation, regardless of wealth, and regardless of power, the subject that every member of the legal community agreed upon was the need to develop a strong core of judges. Eva Tabuteau, the former director general of the Ministry of Justice, spoke of the need for an improved judiciary shortly after Aristide's return. A11 judges will be fired. There are 500 now and we have to get rid of them. We have to find judges we trust." M

In a January 1995 meeting, Ms. Tabuteau revised her statement and said that not all of the judges needed to be fired, but only a large proportion. Tabuteau said, "Haiti needs honest, competent judges so people will have confidence in the system... If you know you are going to be judged, you will reflect before you do something." 1. Inadequate Nomination and Recruitment Procedure Historically the nomination and recruitment process for the Haitian judiciary has been corrupt. The 1987 Constitution establishes that judges are to be nominated by the communal assemblies and then the president makes the final determination from this candidate list. In reality, this nomination process has not been followed. As of December 1994, judges were still not being appointed according to the Constitution. According to several sources, it would take a minimum of six months for the Communal Assemblies to meet and present the president with candidates for the open positions on the bench. The executive branch did not follow the constitutionally mandated nomination process, but rather directly named judges to the Supreme Court In the past, the prerequisites for becoming a judge were money and political connections rather than legal scholarship or courtroom experience. Some sources contend that judges have been able to buy their positions on the bench. The practice of purchasing a judgeship is not foreign to the civil law tradition. According to one comparative law scholar, prior to 1798, French judgeships were regarded as property which could be purchased and kept in the family. * It is not a far leap to say that Haitian judges have been able to purchase their positions on the bench, but typically this right to serve on the bench does not descend to one's survivors. 4

In the book Paper Laws, Steel Bayonets, the Lawyers Committee for Human Rights provides a statement by a Haitian lawyer summarizing the inadequate judicial recruitment process:

Because there is no system of recruiting, whoever (the military) recommends... is accepted and the military, whoever they are, will have power. The guy who wants to become a judge might as well have the support of the military officer in order to get there, and then after he gets there, he cannot be tough with that officer who, in some instances, is also a police officer. 49

In the December 1994 report, the Lawyers Committee stresses that the inadequate recruitment process for judges is a key issue that needs to be addressed. According to the Lawyers Committee, the judges and attorneys unanimously agreed that long-term improvements in the Haitian judiciary would be achieved only if screening regimens are established to weed out unqualified judicial candidates. 50

2. Judicial Corruption The Court is a boutique. A judge is a person who sells justice and the person who gives the most money wins the case. (Necker Dessables, Justice and Peace Commission) In that the judicial nomination process is often corrupt, it is not surprising that this corruption is carried over onto the judges' work on the bench. Judicial corruption takes many different forms, but it is typically motivated by money and politics. One extreme example of judicial corruption took place after the fall of Jean-Claude Duvalier. In US and French courts, legal proceedings to recover stolen money were commenced against some of the Haitian elite loyal to the Duvaliers. Two Haitian judges and two law clerks forged documents that resulted in the US and French courts dismissing the charges. When the cases were dismissed, the assets of the Haitian elite were released, and none of the money that the elite allegedly stole was ever returned. The judges who forged the documents were fired from their positions, but the Haitian government did not charge them with any criminal offense. 51

The Lawyers Committee links judicial corruption to an increase in violence. The December 1994 report highlights how some judges will accept bribes from both the plaintiff and the defendant in a land dispute, telling both parties that they have legal title to the property. Later, when both parties seek to enforce what they believe to be their legal right to the land, there is an increased risk of violence. 54

Many of the attorneys said that the low pay forjudges is directly related to the problem of corruption. In Port-au-Prince, the lowest level of the judiciary receive the equivalent of $450 US dollars a month while the highest level are paid approximately $1,500 a month. According to one source, a driver at the US embassy makes a higher salary than does a justice of the peace. Although the 1987 Constitution prohibits judges from having jobs other than teaching, the low pay forces many judges to take other paid positions. 55

3. Unqualified Judges According to Rigauld Duplan, President of the Port-au-Prince Bar Association, the low pay for judges not only leads to corruption, but also makes it difficult to find good candidates to serve on the bench. Because attorneys can earn more money in the private sector, becoming a judge is not an appealing prospect. Justices of the peace are required to have law degrees, but many outside of Port-au-Prince have no formal legal training. 56

As evidence of an unqualified judiciary, the former president of the Port-au-Prince Bar Association points to the fact that many judges do not conduct independent research. Gary Lissade states that many judges rely on the research of the attorneys and never bother to investigate the law. 57

The lack of independent judicial research may be attributed to laziness, or to the fact that most judges do not have access to legal texts. Unlike American judges, most Haitian judges do not have a private library. If a judge questions a point of law, he must go to a private library or to the Bar Association library to find the legal text. 4. Inadequate Judicial Education Programs Article 176 of the 1987 Constitution mandates the establishment of a school forjudges. The Haitian government has not established such an institution, but all sectors of the legal community are calling for a judicial training program. 58

USAID has developed a short-term judge training program with the help of the National Center for State Courts and the Department of Justice. In this short-term program, the lowerlevel judges spent five days learning criminal law, criminal procedure, and investigation techniques. USAID plans to run this program in Port-au-Prince for three weeks before implementing it in the provincial towns for an additional five weeks. 59

Critics of the USAID judge training program say a five-day "crash course" is more symbolic than substantive. Other critics contend that a judge training program should originate from the Port-au-Prince Bar Association and not from a United States Agency. 60

In response to criticism, USAID emphasizes that this short-term judge training seminar will lay the foundation for a long-term judge training program as well as for other projects currently being developed to strengthen the Haitian judiciary. 5. Low Respect for Judges In one session observing a justice of the peace holding court at the National Penitentiary in Port-au-Prince, the lack of respect for the judiciary was readily apparent Defendants screamed at the judge, refused to participate in the proceeding, and the court clerk constantly threatened to leave. The lack of respect for the judge was abundantly clear from this setting. 11

It is important to note that there are differences between the role of judge in the Common law tradition of the United States and the judicial function in the civil law tradition of France and Haiti. First, in the French civil law tradition, the judicial branch evolved in a manner in which judges were not given a great deal of power. Prior to the French Revolution, judges were distrusted and sometimes corrupt. According to comparative law scholar John Merryman, this distrust of the French judiciary led to a limited role for judges in the legal process. 61

Judges in the Common law tradition of England and the United States have been afforded a greater degree of respect, due in part to the fact that judges in these countries were chosen because of their legal ability. Edward I chose England's judges from the leaders of the Bar, whereas French judges were chosen from the civil service. 62

In addition to the different historical evolution of the judiciary in the civil law tradition, the process by which an individual becomes a judge is different. In the common law tradition, an individual becomes a judge after many years of working in the justice sector, and the public considers a judge to be something of a patriarch. In the orthodox civil law tradition, a law student attends a judge training program directly after law school to become a member of the judiciary, and consequently the public considers a judge to be a civil servant Historically, no judge training school has existed for law students in Haiti. According to one source, judges learn their work on the job and do not even receive training by working with an experienced judge. 63

Although the civil law tradition does not afford judges the same level of respect as does the common law tradition, the majority of sources said there needs to be some improvement in the quality of Haitian judges as well as a greater level of respect accorded the Haitian judiciary in order to improve the Haitian justice system. 6. Ineffective Disciplinary Council Several attorneys believe the Haitian judiciary will not improve unless an effective disciplinary body is developed. The Conseil de Discipline de la Magistrature is charged with weeding out corrupt and inefficient judges, but this disciplinary body is composed of other judges. Typically the judges who serve on the disciplinary council are unwilling to speak out against a colleague. This system of self-review helps maintain a body of sub-standard magistrates.

C. Lawyers "Lawyers are seen as robbers and thieves/' (Law Professor Elie Meus) In many countries, lawyers are not afforded the highest level of respect, but the lack of respect for lawyers in Haiti is particularly acute. The image problem may be due in part to the fact that many of the best attorneys have left Haiti because of the political instability. According to William O'Neill, this "brain drain" has left the less talented members of the legal conmaunity--"mainly flunkies, lackies and those who bought their law degrees" to serve as attorneys. 64

Many of the Haitian attorneys who have fought for a strong justice system have paid the price with their lives. Perhaps the most striking example of the risks involved in being an outspoken attorney is the October 1993 assassination of Justice Minister Guy Malary. In civil law tradition, lawyers are generally not afforded the same level of respect found in the common law tradition. In writing the civil law code of France, drafters hoped to make the law clear enough that ordinary citizens could understand the law and would not need the services of a lawyer in court 66

D. Modern Legal System Misunderstood and Mistrusted With an illiteracy rate of 85 percent, many people are unable to understand the value of a modern justice system. According to Uranie Orival Nadar, a Justice of the Peace in Portau-Prince, "People don't go to school, they don't understand law, they can't understand anything in the court system." 67

Several lawyers explained that many people do not draw a distinction between the crime of the defendant and the role of the lawyer. When the lawyer agrees to represent a criminal defendant, in many people's eyes, the lawyer is also committing a crime. According to Gervais Charles, a lawyer in Port-au-Prince, the physical risks involved with being a defense attorney are real. "If I give a criminal defendant representation, I will be seen as an accomplice." The president of the legal aid society L'Amicale des Juristes echoed the same belief. "Other people who are against my client are against me too. They wait for you outside the courthouse." The general public has little trust in the court process. Many times when the general public does not trust that a court proceeding will result in the outcome they desire, crowds will gather outside the courthouse and will interfere with the judge, jury, and legal counsel. Sometimes crowds will block lawyers from entering the courthouse and the judge will enter a default ruling against the side whose lawyer is absent According to Rigauld Duplan, public strikes outside the courthouses intimidate every person involved and make a fair trial impossible. * 6

Many lawyers in Port-au-Prince believe that in order to develop an effective justice system, there needs to be an overall improvement in the education system in Haiti. Without greater access to education, it will be difficult for the general public to understand the value of a modern justice sector. According to law professor Elie Meus, respect for written law in Haiti is low. Meus says, "I would like for everyone to have respect for the law. We don't have that yet, but we will fight for i t " E. Justice System Inaccessible According to RenĂŠ Julien, President of L'Amicale des Juristes, one of the biggest problems with the justice sector is that it is inaccessible to the common person. Julien says, "No money means no access. If you don't have work, you don't have money to pay an attorney." 69

Haiti has no public defender program. The Haitian Bar Association has regulations in place for recent law school graduates to serve as legal counsel to the poor, L'Amicale des Juristes trains paralegals to serve in the countryside, and many lawyers provide free legal assistance to the poor, but these organizations and individuals are not able to provide legal representation for the vast number of needy clients. The lack of money to pay for legal services, combined with the unwillingness of many lawyers to practice criminal law, results in many criminal defendants being convicted and imprisoned without ever consulting with an attorney. 70

F. Disorganization In the Haitian justice sector, chaos is the norm. Upon taking office, former Minister of Justice Malbranche decided to write all judges a memo to tell them to be on time for work. Malbranche was unable to send the memo because he did not know how many judges Haiti had and did not have an accurate listing of where the judges could be reached. 72

Several attorneys mentioned the lack of a judicial calendar as a prime example of the disorganization that plagues the Haitian justice sector. When a case is filed with the court, a judge is assigned to the case, but the judge never schedules a specific date to hear the case. The attorney must appear in court and wait long hours before the judge calls the case. Even when the judge decides to adjudicate a claim, many times there will be additional delays if one of the required parties is absent 73

According to lawyer Chantai Ewald Hudicourt, the only thing that works efficiently in the Haitian court system is the person who types the final judicial order, because this person is paid per case typed. 74

Others contend that the court structure breeds chaos. The Investigating Judge and the Prosecutor share responsibility for investigating crimes and this joint responsibility adds to the chaos of the system, causing abdication of responsibility. Essentially, the Investigating Judge assumes that the Prosecutor is investigating a case, but in reality neither side takes the initiative to investigate crimes thoroughly. 75

G. 1987 Constitution Criticized Many members of the legal community in Haiti voiced criticism of the 1987 Constitution. According to the president of L'Amicale, the Constitution was "[B]orn of passion, bom of emotion, but never applied." Julien contends that the laws found in the 1987 Constitution are mere words because "People did not have the courage to apply the laws of the Constitution." 76

The Port-au-Prince Bar Association President sees the 1987 Constitution as being unclear and unenforceable. Rigauld Duplan points out that the 1987 Constitution provides for one "Provisional Council" to monitor the first round of elections, and then requires that a permanent council be established to monitor all subsequent elections. A provisional council guided the 1990 elections, and according to the 1987 Constitution, a permanent council should have been established for the upcoming elections. A second provisional council is being formed for the current election rather than a permanent council, and Duplan considers this unconstitutional. American commentators have categorized the 1987 Constitution as an aspirational document rather than as a realistic legal guide for Haiti. These commentators point to provisions that guarantee classroom facilities for elementary school students and paid annual vacations for every worker as evidence of the aspirational nature of the document. 77

H. Inadequate Law Enforcement Historically, the Haitian military and police have served as a repressive force rather than as enforcers of the law. When Aristide returned in October 1994, many members of the police force deserted their positions, and the US military reported that the Haitian police force had "virtually disappeared." 71

Law enforcement in Haiti is being provided by the Multi-National Force (MNF) and an interim force of Haitian police. The MNF and a Haitian official make all arrests jointly. According to US forces stationed at the National Penitentiary in Port-au-Prince, the MNF acts independently of the Haitian police only when a crime takes place in its presence. The International Criminal Investigative Training Assistance Program (ICITAP), a US Justice Department agency, has trained an interim force of po端ce. The US-sponsored program trained former members of the Haitian Armed Forces in a six-day course to provide temporary law enforcement. 79

Human and legal rights advocates criticize the interim police force because it is composed of the former military and police. Some human rights organizations question whether an individual can be retrained to provide law enforcement if he has worked for years as a member of a repressive military regime. Supporters of the ICITAP program say human rights abusers were eliminated from the interim police force through a vetting process. The candidate list was checked against the Aristide government's records of human rights abusers and the OAS/UN Civilian Mission records of human rights offenders. In addition, the State Department's International Narcotics Matters Bureau reviewed the interim police force candidate list. Critics of the vetting process point to the fact that no Haitian human rights organizations were allowed to participate in the vetting process, and after the United Nations and the Aristide government turned over their records, no other outside groups had contact with the vetting process. Others point to the low number of candidates who were eliminated from the list as evidence that the process was ineffective. At the end of November, out of the thirteen hundred and fifty soldiers and officers whose records were examined by the vetting committee, only about a hundred and fifty were excluded. 80

A permanent force of police, selected from the general public, began an ICITAPsponsored training program in February. Lawyers interviewed expressed the hope that this new force of police would serve as Haiti's first professional law enforcement body, but some worry that the new force will serve as a repressive regime. One lawyer said, "[T]he new police force will be successful if they have respect for their job and if the public has respect for them/ 181

I. Lack of Infrastructure and Basic Equipment There was a jail break last month. Close to 106 inmates escaped, but people living around the prison helped catch the inmates. (US Military Guard at the National Penitentiary) The lack of structure and basic equipment is a problem that plagues the justice sector. Inadequate courthouses and insecure prisons are the norm. Courts lack basic materials such as typewriters and file cabinets, and most courts do not even have the basic legal texts. Many courts are without electricity or running water. The US government has focused on providing basic equipment and legal texts, but has no immediate plans to assist in the construction of either courthouses or prisons. Two lieutenants from the US Army Civil Affairs Brigade conducted a survey of the prisons in Haiti and provided USAID with an overview of the status of the prison system. USAID has requested that the Department of Defense continue assessment of the prisons and has discussed a possible role for the International Red Cross in estimating the cost of prison construction. 16

J. Multinational Forces Aligned with Former Human Rights Abusers Acting under the authorization of United Nations Security Council Resolution 940, multinational forces began arriving in Haiti on September 19, 1994, with the directive of using all necessary means to ensure the departure of military leadership and to establish and maintain a secure and stable environment The multinational force was replaced on March 31, 1995, by the United Nations Mission in Haiti, comprised of military personnel from 34 nations (UNMIH). This contingent is responsible for sustaining a secure and stable environment. 12

Some organizations have been critical of the MNF/UNMIH strategy for establishing a secure and stable environment The Lawyers Committee For Human Rights contends that when the international forces work with members of the "old regime," the development of a strong justice sector is impeded. Typically, the primary contact with a community is with former military officials or a wealthy, English-speaking landowner. The local powerholders are able to communicate the message, T m here for Democracy." With this easy and understandable pledge, the international forces do not take additional steps to ensure that a safe environment exists. According to one source, "Many residents of JĂŠrĂŠmie (a town in southwest Haiti) feel that the international forces are protecting these abusers and allowing them to continue to terrorize the town." 14

The Haitian media reports many examples of the international forces working with the former military regime. On November 4, 1993, not far from the city of Jacmel, US troops and Haitian soldiers reinstalled the local section chief, despite the fact that the section chief position had officially ended October 31 of that year. K. "Street Justice" Given the status of die Haitian justice system, it is not hard to understand why the average person would have little respect for the value of written law or a modem court system. This lack of respect for the established court system and written law results in members of society taking justice into their own hands. For example, when a thief is caught stealing in the market, he is not turned over to the police and sent to jail - he is killed. To the average Westerner, this style of punishment seems harsh. But in a system where there has never been a reliable police force to make arrests, never been a neutral magistrate to evaluate guilt or innocence, and never been a reliable prison system to punish and rehabilitate, the law of vengeance reigns supreme. Much in the same way that the accused thief is tried in the street because there is no functioning justice sector, many people fear that if there is no formal tribunal to adjudicate claims against human rights abusers, the "street justice" tribunal that has tried the small-time thief will also be used to try and punish human rights offenders.

The term dechoukaj is commonly associated with the vengeance-based justice system in Haiti. The literal translation of dechoukaj means to rip a weed out of the ground so it will not grow back. In the socio-political context, dechoukaj signifies uprooting the members of a fallen regime. This tradition of violent uprooting can be traced back to when Haiti gained independence from France. Haiti's first leader, Jean-Jacques Dessalines, used the motto, "Cut Heads, Burn Houses" as a guide for the Haitian slaves who united to uproot French colonists. A violent uprooting was used after the fall of Duvalier when the Tonton Macoutes, Duvalier's private army, were burned in the streets at the hands of those whom they had repressed. 85

Many people believe that the only way to avert violence against former powerholders is to establish a truth commission. Truth Commissions were organized in El Salvador during the transition from dictatorship to democracy in order to bring to light the abuses of the military regime. In theory, if tibe avenge citizen believes he can find justice through a truth commission, there will be less of a desire to tura to "street justice." Theorists who have studied the use of truth commissions in other countries contend that such a mechanism provides the people with confidence that a system exists to punish those who break the law, and when the average citizen sees that everyone is subject to written laws, there will be increased respect for the justice system. 16

Diane F. Orentlicher, the General Counsel for the International League for Human Rights, contends that by punishing the evildoers from prior military regimes, a country is able to strengthen the justice sector and die democratic institutions of the new regime. Orentlicher explains that these prosecutions help end the cycle of state violence by sending a message to the current administration that they will be held responsible for their actions. 87

Critics say that as long as there is a continued threat of violence from the former military and still active paramilitary organizations, a truth commission will not be effective. According to Necker Dessables of the National Commission for Justice and Peace, "There can be no truth commission if there is fear..., if there is no disarmament, then people are scared to go for justice." 11

On December 20, 1994, Aristide named Franรงoise Boucard to head a seven-member truth commission, but it has not been determined if the perpetrators of violence will still be subject to criminal and civil prosecution. 99

III. CONCLUSION It's not just the President of the Supreme Court who is deaf..., it is the whole justice system. (One observer's statement after pointing to the hearing aid of the President of the Supreme Court.) "The President of the Supreme Court is getting a Miracle Ear." (Port-au-Prince lawyer Gary Lissade) Many people in the legal community believe the justice sector is irreparably broken and use the Haitian proverb, "Behind mountains, there are more mountains," to explain the desperate situation. Lawyers talk of corrupt and incompetent judges. Law professors point to the dilapidated law school. Law students mention there is no public law library. Judges point to the lack of respect for law among the general public. Legal rights associations highlight that the court system is inaccessible. Legal rights advocates and human rights groups worry that the high level of weapons will continue to intimidate all members of the justice sector. Many in the international community take one look at these problems and turn their eyes away. They say, "It is not our mission to rebuild the Haitian justice system. They have a constitution. They have a penal code. They have a bar... It's up to Haiti now." Other people say, "Haiti is not ready for democracy." These people see the obstacles blocking democracy and justice sector reform and say that they are impossible to overcome. 90

Although some people believe the Haitian proverb "Behind mountains, there are mountains" captures the essence of the Haitian justice sector as it stands today, those more hopeful point to another Haitian proverb, "Men anpil, chay pa lou ("Many hands, the load is not heavy"). These people see the same problems, but hold the belief that with many people working together, it will be possible to build a system in which the rule of law prevails. n

A strong justice sector will not be achieved overnight, but this is a crucial time to begin building institutions that will help Haiti move from a "Gwo NĂ¨g" injustice system to one in which written law rules. In much the same way that countries formerly under communist rule are currently making a transition to a system governed by laws rather than dictators, Haiti too can begin this transition. Possibly with the lack of a "Gwo NĂ¨g" in the community, Haiti can move to a system in which the rule of law is established. The pessimists are in some ways correct when they say it is impossible to "build" a justice system for Haiti. The international forces can help establish a safe environment, USAID can help develop judge-training programs, and non-governmental organizations can donate legal texts and basic supplies, but they cannot "build" a legal institution. It is up to Haitians to break from the "Gwo NĂ¨g" system and to develop a tradition based on written law.

I had the opportunity to meet many members of the Haitian legal community, both conservative thinkers and radical advocates, who want to bring a tradition of law to Haiti. With many nations focusing on Haiti and with the desire of the vast majority of Haitians to build a true democracy, together Haiti can build a system that can truly be called just.

INTERVIEWS Me. Justin Caslcl Dean of the Law School of the State University of Haiti Me. Gervais Charles Cabinet Laforest-Charles and Associates Me. P. Delienne Cabinet Duplan Yves P. Denize New York lawyer who traveled to Haiti in December 1994 as a representative of the Lawyers Committee for Human Rights Neckcr Dessables Secrétaire Exécutif National Commission Nationale Justice & Paix Me. Rigauld Duplan President of Port-au-Prince Bar Association Dan Grippe Pax Christi Observer Kitty Hall USAID/Haiti Me. Chantai Ewald Hudicourt Me. Jacob Jean-Baptiste Chef du Personnel Administratif de la Cour de Cassation Me. René Julien President, L'Amicale des Juristes Me. Gary Lissade Me. Eue Meus Professor of Law, Port-au-Prince Me. Uranie Orival Nadar Justice of the Peace, Section Nord 21

Jane Nandy USAID/Hai端 William O'Neill National Coalition for Haitian Refugees Me. Eva Tabuteau Me. Patrick Woolley

ENDNOTES

"Strategy of Aristide Government for Social and Economic Reconstruction" Lawrence, Kansas: University of Kansas Institute of Haitian Studies, Occasional Paper Number 4 , 1994.

ROBERT DEES HEINL, JR. AND NANCY GORDON HEINL, WRITTEN IN BLOOD: THE HISTORY OF THE HAITIAN PEOPLE 6 9 1 ( 1 9 7 8 ) ,

CRAWFORD M . BISHOP AND ANYDA MARCHANT, A GUIDE TO THE LAW AND LEGAL LITERATURE OF

11.

(Library of Congress) (1944). (Port-au-Prince) ( 1 9 3 3 ) . Richard Levy, Comparative Law: Historical Background 4 (Fall 1988) (on file with Richard Levy). Ibid, at 4 . Keraisan, ibid, note 4 , at 2 9 to 3 6 . Ibid, at 3 1 . Marie C . Marcoux, The Justice Sector in Haiti 2 (July 19, 1993) (on file with the United States Agency for International Development). GUY H . LiPprrT, BIBLIOGRAPHIES OF FOREIGN LAW SERIES, NO. 8 HAITI 4 4 - 4 5 (New York, American Foreign Law Association) ( 1 9 3 3 ) , Bishop and Marchant, ibid, note 2 , at 2 0 5 . CUBA THE DOMINICAN REPUBLIC AND HAITI 2 0 5

5. 6. 7. 8. 9. 10.

CLOVIS KERNISAN, LA VÉRITÉ OU LA MORT 3 1

12.

BRIAN WEINSTEIN AND AARON SEGAL, HAITI: THE FAILURE OF POLITICS 6 3 (1992).

13.

L . C MONTAGUE. HAITI AND THE UNITED STATES 2 2 9 .

14.

LAWYERS COMMITTEE FOR HUMAN RIGHTS, PAPER LAWS, STEEL BAYONETS 8 (Lawyers Committee for Human Rights* 1 9 9 0 ) . Weinstein and Segal, ibid, note 12, at 6 4 . Ibid, at 6 4 . Bishop and Marchant, ibid, note 2 , at 2 2 2 . Lawyers Committee For Human Rights, ibid, note 14, at 2 2 . Lawyers Committee For Human Rights, ibid, note 14, at 2 1 . Ibid, at 2 2 1 . Marcoux, ibid, note 9 , at 5 . Haiti: Hitman Rights Report in THE HAITI FILES, 184, 185 ( 1 9 9 4 ) and RICHARD A. HAGGERTY, THE

15. 16. 17. 18. 19. 20. 21. 22.

DOMINICAN REPUBLIC AND HAITI 3 3 6 ( 1 9 9 1 ) .

23. 24. 25.

Tit Kale Tí Peynan Ayisyen, Dosye Chef Seksyon. Lawrence, Kansas: University of Kansas Institute of Haitian Studies, Occasional Paper Number 10, 1995. Lawyers Committee for Human Rights, Paper Laws, Steel Bayonets, in THE HAITI FILES 4 2 , 4 3 (James Ridgcway cd,, 1 9 9 4 ) . Michael S. Hooper, The PoMcizmion of Human Rights in Haiti, in HAITI TODAY AND TOMORROW 2 8 3 , 2 8 4 (Foster and Valdman eds., 1984).

26. 27.

Lawyers Committee for Human Rights, ibid, note 14, at 9 . Haiti Human Rights Report, ibid, note 2 4 , at 185.

28.

PAUL FARMER, THE USES OF HAITI 169 ( 1 9 9 4 ) .

29.

Americas Watch, The National Coalition for Haitian Refugees, and Caribbean Rights, Haiti: The Aristide Government's Human Rights Record (November 1991). Amnesty International, Haiti: Human Rights Held Ransom (August 1992). Haitian Information Bureau, Chronology/Events in Haiti, October 15, 1990 - May 11, 1994, in THE HAITI FILES 2 0 5 , 2 2 6 (James Ridgcway ed., 1994). Nandy Interview (January 1 9 9 5 ) . Ibid. Wool ley Interview (January 1995). Telephone Interview with William O'Neill (January 1995).

30.

31. 32.

33. 34. 35.

36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80.

Dan Grippo, Some of the Voices of Haiti-One delegates notes from December 12-22, 1994 Pax Christi Observer Mission to Haiti. Destables Interview (January 1995). Amy WUentt. Lives in the Balance, The New YORKER, December 26, 1994/January 2, 1995 at 94. Years of Terror aid Repression: The Struggle for Demilitarization, EPICA/VOICES FOR HAITI REPORT, 1994 at 13. Denize Interview (January 1993). Grippo. ibid note 38 Dessable* Interview (January 1995). Grippo. ibid, note 38. KoNSTtnsYON Rename A r m (Constitution] OnzyĂ¨m Pad, Nimewo 268. Lawyers Committee For Human Rights. Warning Signs In Haiti/The Multinational Force and Prospects for the Rule of Law 7 (December 1994). Ibid, at 6. Debbie Howlen. Haitians Rebuild Judiciary. USA TODAY, October 26, 1994 at 5A. John Henry Merryman. The CIVIL Law tradition 15 (1985). Lawyers Committee for Human Rights, ibid, note 14, at 44. Lawyers Committee for Human Rights, ibid, note 47, at 3. Judges Dismissed, MIAMI HERALD, March 21. 1988. Law Firm, in pursuit of Haitian property, finds the chase can be tedious and frustrating, NEW YORK TIMES. October 27, 1999. Lawyers Committee For Human Rights, ibid, note 14, at 27. Lawyers Committee for Human Rights, ibid, note 14, at 2. Marcoux. ibid, note 9, at 9. Marcoux, ibid, note 9, at 10. Lissade Interview (January 1995). USAID, Non-Govemmental Agencies. Haitian and American legal aid societies and members of the Haitian legal community all pointed to the importance of a judicial education program. USAJD/Hoiti Administration of Justice Factsheet, Office of Human Resources and Democracy, January 6, 1995, at 2. Charle*/Duplin Interviews (January 1995). Merryman, ibid, note 50, at 18. A.L. Goodhan. The Migration of the Common Law, 76 The Law QUARTERLY REVIEW 47 (1960). Lawyers Committee for Human Rights, ibid, note 14. at 24. Hooper, ibid, note 27. at 290. Hewlett, ibid, note 49, at 5A. Merryman. ibid, note 50, at 28. Nadar Interview (January 1995). Duplan Interview (January 1995). Julien Interview (January 1995). Bishop and Marchant, ibid, note 2. at 221. Julien Interview (January 1995). Nandy Interview (January 1995). Lissade Imerview/Hudioourt Interview (January 1995). Hudioourt Interview (January 1995). Lawyers Committee for Human Rights, ibid, note 14, at 18. Julien Interview (January 1995). Wemstein and Segal, ibid, note 12. at 64. Howlen, ibid, note 49. at 5A. USAID/Haiti Factsheet, ibid, note 61. at 2. Wilentz. ibid, note 40. at 100.

81. 82. 83. 84. 85. 86. 87. 88. 89. 90.

Hudicourt Interview (January 1995). UN Doc. S/RES 940 (1994). William G. O'Neill, U.N. Acts Against Haitian Military, 5 HAITI INSIGHT 3, (September 1994). Haitian Information Bureau, December 1994 at 4. Heinl and Heinl, ibid, note 3, at 123. Diane F. Orentlicher, Settling Accounts: The Duty To Prosecute Human Rights Violations of a Prior Regime, 100 YALE LAW JOURNAL 2537. Ibid, at 2537. Dessables Interview (January 1995). Lawyers Committee for Human Rights, ibid, note 47, at 3. Statement made by Army Major Martin Culp of the Joint Task Force, see Howlitt, ibid., note 49, at 5A.

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