The decentralization framework in Haiti is based on a 1987 constitution that created local governments but has not been implemented. The municipalities lack the capacity, funding, and authority to function, and the complete local government structure is nonexistent. The central government still needs to take four crucial steps to establish the legal framework, define and implement constitutional bodies, train elected authorities, and generate financial capacity for local authorities.
The five decrees adopted by the interim government in February 2006 define the mission and operation of the three levels of government collectivities, their duties, relations, and attributions of local authorities. However, these decrees were not published, and their importance and legitimacy are widely recognized. The publication of these decrees is crucial for local elections and the full implementation of the local governing system.
USAID has supported many programs that decentralize fiscal and administrative authority and improve the local delivery of public services. However, experience demonstrates that programs to support decentralization in Haiti are fraught with risks beyond the Mission’s control. Both previous local government capacity-building projects failed due to unanticipated political crises and unrealistic assumptions about the Haitian government’s commitment to decentralization.
The Mission should require stringent conditions precedent for any new intervention, including the need for approving the decentralization framework. This will ensure that decentralization and the strengthening of local authorities occur only when the necessary laws are adopted. The central government needs to take action towards decentralization, and the Mission should not support local governments in the absence of this action.
The revision and publication of the five decrees depend on the political will of President Préval. The United States Agency for International Development (USAID) should encourage this process, but the Mission should not support local governments without the central government taking action towards decentralization. The decentralization process in Haiti is critical, and the Mission’s support should be conditional on the adoption of the necessary laws.
The local government in Haiti faces significant challenges, including a lack of capacity, funding, and authority. The complete local government structure is nonexistent, and the selection and nomination of important democratic elements depend on local elections. The central government needs to take four crucial steps to establish the legal framework, define and implement constitutional bodies, train elected authorities, and generate financial capacity for local authorities.
The publication of the five decrees is crucial for local elections and the full implementation of the local governing system. The Mission should require stringent conditions precedent for any new intervention, including the need for approving the decentralization framework. This will ensure that decentralization and the strengthening of local authorities occur only when the necessary laws are adopted.