Haiti has been a sovereign, independent country for over 200 years, with a complex history marked by the clash between the economic and political interests of the elite and the rest of the black citizenry. The country’s economy was initially driven by slavery, with up to 800,000 slaves imported from West Africa to work in agriculture. The development of a class known as the people of color, who were free and wealthy, played a significant role in Haitian history. This class, which included mulattoes and black freemen, became the elite and gained enormous influence over the creation and evolution of the fundamental political, social, and economic structures of Haitian society.
The newly created Haitian State, which comprised the interests of the elite, felt no obligation to deliver services to the peasantry, who were largely excluded from the symbolic gate of the main cities. The elite maintained the colonial administration’s exclusion practices, focusing them on the peasantry, and concentrated privileges and state services in the main cities. For most of the Republic’s history, social dynamics have been driven by the clash between the economic and political interests of the elite and the rest of the black citizenry.
The primary challenge to cultivating an inclusive, transparent, and dynamic justice system in Haiti will be developing an effective counterweight to the elite and other non-elite spoilers. The assessment report examines USAID’s attempts to promote justice reform in the context of these glaring imbalances, the successes and failures of these efforts, and the lessons learned to inform future activities.
For the past 20 years, USAID and the international community have contributed significant funding to improve the quality of justice institutions and actors. The benefits accruing to the justice system have been mixed. USAID has trained judicial actors, expedited trials, improved courthouses, worked to improve civil society and legal aid infrastructure, and implemented legal education. The Department of Justice through its Overseas Prosecutorial Development Assistance Team (OPDAT) program enhanced the performance and capacity of the prosecutorial component of the court system. The Bureau of International Narcotics and Law Enforcement (INL) has invested in the building of prisons and the training of personnel, and through its implementer American Bar Association (ABA), has assisted the Haitian government in the passage and implementation of laws on trafficking, money laundering, and anti-corruption.
MINUSTAH and UNDP have been involved with their own projects on legal aid, code reform, and support for the High Judicial Council, the Ministry of Justice, and the Magistrates School. The Organization of American States and the governments of France and Canada have also participated in justice reform efforts. However, Haiti lacks a genuine commitment from the executive to serious, sustainable, and comprehensive justice reform. Spoilers, such as some law practitioners, land surveyors, and notaries, have fought justice reform efforts, keeping the sector weak and under-resourced to insulate themselves from the consequences of questionable legal practices and behavior and sustain impunity.
A strong justice sector threatens the political interests of the elite and its control of Haiti’s wealth, as well as the benefits gained by the spoilers. Unfortunately, the international community’s substantial investment in justice reform has allowed the Government of Haiti to avoid its own responsibilities in committing to the reform process and ensuring reform efforts are sustainable.