Haiti Legal Profile

Haiti, located on the western side of Hispaniola in the Caribbean Sea, is one of the least developed countries in the Western Hemisphere. It covers an area of 10,714 square miles and has an estimated population of 10.9 million.

Background

Haiti experienced numerous insurrections throughout the 19th and early 20th centuries, hindering economic and social progress. The US military occupied the country from 1915 to 1934. The Duvalier family ruled from 1957 to 1986, with François Duvalier (Papa Doc) and his son Jean-Claude (Baby Doc) as leaders. Jean-Claude’s ousting in 1986 marked the end of thirty years of dictatorship.

Democracy was restored in March 1987 with a new Constitution protecting human rights, separating powers, decentralising government, and establishing an elected bicameral Parliament and President. Despite this, social unrest, human rights violations, and economic instability persisted. On July 3, 1993, Jean-Bertrand Aristide and Raoul Cédras signed the Governor’s Island Agreement, sponsored by the UN and OAS, transitioning from a military to a civilian government and restoring Aristide as President.

The agreement led to UN General Assembly resolutions authorising international missions and peacekeeping operations to observe and verify human rights and maintain a secure environment in Haiti. On February 29, 2004, the Security Council authorised the Multinational Interim Force (MIF), and on April 30, 2004, it created MINUSTAH. MINUSTAH’s mandate evolved to include maintaining the rule of law, public safety, and supporting the Haitian political process. The 2010 earthquake and cholera outbreak worsened Haiti’s conditions, prompting the Security Council to extend MINUSTAH’s mandate until October 15, 2012.

Haiti has seen significant international involvement for nearly two decades to promote good government, ensure stability, strengthen the rule of law, and aid sustainable development.

Structure of Government

The Haitian government has three branches: executive, legislative, and judicial. The legislative branch, Parliament, has a Senate and a Chamber of Deputies. Senators and Deputies are elected for six- and four-year terms, respectively, and can be re-elected indefinitely. Parliament enacts laws on all matters. Bills and acts become effective upon publication in the official gazette, Le Moniteur. Bills are numbered and printed in the Bulletin des Lois et Actes de la République d’Haïti.

The President, head of State, and the Prime Minister, head of Government, hold executive power. The President is elected to a five-year term and can’t be re-elected

consecutively. They promulgate laws, sign international treaties, and submit them for Parliament’s ratification.

The President selects the Prime Minister from the majority party in Parliament. With presidential approval, the Prime Minister chooses the Council of Ministers, subject to parliamentary assent. The Prime Minister is responsible for law enforcement and can issue rules and regulations through Orders (Arrêtés).

The Supreme Court (Cour de Cassation), Courts of Appeal, Courts of First Instance, Justice of the Peace Courts, and special courts hold the judicial power. Their operations, organizations, and jurisdictions are governed by statutes.

The Supreme Court and Courts of Appeal justices are appointed for ten years, while Courts of First Instance judges are appointed for seven years. The President appoints Supreme Court justices from a list of three candidates submitted by the Senate. Sitting judges can only be removed under exceptional circumstances, ensuring judicial independence from political interference.

The Legal System

Haiti adopted the French civil law system, including the judicial structure and codification system. Between 1825 and 1826, six codes were enacted: the Civil Code, the Code of Civil Procedure, the Commercial Code, the Criminal Code, the Code of Criminal Procedure, and the Rural Code. These codes, with minor changes, resembled their French counterparts. The Labor Code (1961) and a new Rural Code (1962) were enacted during Francois Duvalier’s government. Statutes are the primary source of law, and French doctrine and jurisprudence form the basis for legal interpretation.

Haiti’s judicature has four tiers. The Supreme Court (Cour de Cassation) is the highest court, providing a final recourse for appellate decisions. The second tier includes five regional appellate courts in Port-au-Prince, Cap-Haitien, Gonaïves, Les Cayes, and Hinche. Each court has a judge president and two other judges.

The Courts of First Instance are sixteen original jurisdiction courts in civil, commercial, or criminal matters, each with a single judge. A Public Prosecutor’s Office is designated for each court. Examining magistrates conduct criminal investigations, issue formal charges, and send cases to appropriate courts. Decisions may be appealed to the Courts of Appeal and the Supreme Court.

Justices of the peace form the base of the Haitian judicial structure, having jurisdiction over small claims in civil, commercial, and criminal matters. The Superior Council of the Judiciary administers the courts and exercises disciplinary authority over magistrates. In addition to ordinary courts, there are specialized courts: the Labor Courts, the Juvenile Court, and the Land Courts, which registers property rights in the Artibonite Valley. The High Court of Accounts hears appeals and claims for damages

against the State, audits its accounts, and is administratively and financially independent.

The Constitutional reform of 2011 established the Constitutional Council (Conseil Constitutionnel) to ensure the constitutionality of laws, regulations and administrative acts of the Executive. The Council is composed of nine members appointed for nine years.

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.

Corruption and Authoritarianism:

When asked about authoritarian tendencies in Haiti, respondents most often felt that top government officials prosecute opposition party members (52%), attack or discredit them (49%), and influence judges’ promotion and removal (47%).

Compared to their regional counterparts, Haitian respondents least often felt that top government officials resorted to authoritarian tactics. Notably, fewer than half felt that they misinformed the public (37%), attacked or discredited critics (38%), or refused to comply with unfavourable court rulings (39%).

Between 2021 and 2022, public views on corruption in Haiti worsened. Perceptions of corruption improved only slightly for law enforcement, while judges, magistrates, and national government officers saw the most significant increases in corrupt practices.

Members of the National Assembly are widely regarded as the most corrupt individuals in Haiti. A significant majority of respondents, approximately 68%, believe that most or all members of the legislature are involved in corrupt practices, which represents a 5-percentage-point increase from the previous year’s figure of 63%.

Police

The Haiti National Police (HNP) officially employs 15,498 police officers, of which only 1,711 are women. However, the actual number of effective officers is likely significantly lower. This results in a low police-to-population ratio of 1.30 officers per 1,000 inhabitants, which falls far below the internationally recognized standard of 2.20. Consequently, further investments are necessary to improve the situation.

Military

Thousands of young Haitians are eagerly embracing the opportunity to join the military due to widespread gang violence in the country. Despite the risks of kidnapping, torture, or death, they are answering the call of the government, which is attempting to rebuild

its military. The military, reinstated just years ago with the mission to combat gangs, is seeking to recruit this generation to contribute to its efforts.

Haiti’s armed forces, once feared, were accused of horrific human rights abuses. Despite the “dictator for life” François Duvalier weakening it, the military orchestrated coups in the late 20th century.

After the 1991 coup, the government disbanded the army in 1995, leaving around 7,000 soldiers leading to the rise of politically aligned gangs due to the country’s lack of a capable security force.

The government established the Haitian National Police and the Coast Guard, aided by U.N. troops. After the U.N. withdrawal, President Jovenel Moïse reinstated the army in 2017. He was assassinated in 2021.

Since then, the military has limitedly combated gangs and protected government officials. However, as gang violence escalated, former Prime Minister Ariel Henry announced in March 2023 that he would mobilize all security forces, comprising approximately 2,000 trained soldiers.

Despite Henry’s announcement, the police remained the primary security force until recently.

The military, Haiti’s police, and a U.N. backed Kenyan mission all collaborate to combat gang violence. Benin, Chad, and Jamaica have also sent soldiers, totalling 2,500 foreign personnel.

More than 5,600 people were killed in Haiti last year, a more than 20% increased compared with 2023, according to the U.N. In addition, more than 2,200 people were reported injured and nearly 1,500 kidnapped.