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“Why then, despite the 

support, focus, and consensus 

on the importance of rule of 

law, has progress been so 

elusive? Certainly within 

Haiti there are considerable 

capacity restraints, but more 

important has been the limited political will among Haitian 

officials to support practical 

efforts needed for reform.”

April 4, 2012

Providing Justice in Haiti

Summary

•	 In spite of the Haitian government’sstated priority of improving rule of law, a Haitian court’s

decision not to prosecute former dictator Jean-Claude Duvalier for crimes against humanity

has cast doubt on the sincerity of that commitment.

•	 The failings of Haiti’sjudicialsystem are well-known, but historically reform efforts have been

ineffective. Improved provision of justice is critical for the creation of conditionsforstability

and the eventual withdrawal of the United Nations Stabilization Mission in Haiti (MINUSTAH). 

•	 Modernizing Haiti’s antiquated legal and penal codes are an essential component of rule of

law reform. Some progressis being made toward this end.

•	 A greater emphasisis needed on coordinating efforts among international donors and improving interaction with Haitian counterpartsto achieve progress on judicial reform.

A Haitian court decision in February 2012 not to prosecute former Haitian dictatorJean-Claude

“Baby Doc”Duvalier for well-documented human rights violations and crimes against humanity that

occurred during his 15 year rule (1971–1986) hasrefocused international attention on the problem

of impunity in Haiti. International reaction to the court’s decision was uniformly negative, with

the United Nations High Commission for Human Rights expressing“extreme disappointment”and

The Washington Post decrying the fact that“Duvalier-era crimes are being swept under the rug.”1

Placing the Duvalier decision into a broader context, one analyst wrote that“Haiti will not achieve

real democracy if itsjustice system remains unwilling to condemn the crimes of the past, punish the

perpetrators, and make it clear thatsuch abuses will not be tolerated in the future.”2

Coming on top of other developments, the Duvalier decision has cast doubt on intentions

among Haiti’sleadersto reinforce and improve the provision of justice in the Caribbean nation.

Referring to a presidential pardon for Duvalier hinted at by Haitian President Michel Martelly prior

to the court’sruling, another observer remarked that“(t)he last thing (Haiti) needsright now is

a resurfacing of Duvalierism . . . The time to end the truism that Haiti isthe land of impunity has

come.”3Combined with Martelly’srecent push to recreate the discredited Haitian army and the

presence of personalitiesin his administration with tiesto the Duvalier dictatorship and subsequent military regimes, the Duvalier decision furthermore has donor governments questioning

whether the Haitian government may turn its back on democratic reform and slide down a path

toward authoritarian rule. 

Donors continue to view the achievement ofsteady progress within Haiti toward improved

administration of justice and rule of law as an essential requirement for making good on their

pledges ofsupport for post-earthquake recovery and reconstruction. Juxtaposed with the

heartburn-inducing developments cited above issome evidence of progress during Martelly’s

Robert Maguire

E-mail: remaguire@verizon.net

Phone: 202.994.3342

PEACEBRIEF122
© USIP 2012 • All rights reserved.

Providing Justice in Haiti

page 2 • PB 122 • April 4, 2012

first year in office toward enhanced provision of justice. This hasincluded the Haitian president’s

stated priority focus on implementing rule of law and the government’ssupport for the successful

prosecution of officials and guardsin the Les Cayes prison murder case. It has also included the

Martelly administration’sinitiation of two pivotal judicial reform actions: (1) filling the long-vacant

position of president of Haiti’s Supreme Court; and, (2) establishing the long-awaited and constitutionally-mandated Supreme Council of the Judiciary, a key element in assuring the independence

of the judicial branch. Combining these positive outcomes with more problematic developments

over the past year, however, hassent mixed messages concerning the prospectsfor improving the

provision of justice in Haiti.

The Compelling Notion of Reform 

Since the fall of the Duvalier family dictatorship in 1986, international donors have tried to assist

Haitiansto reform their dysfunctional judicialsystem. Between 1995 and 2000 alone, the U.S.spent

$27 million on judicial reform. Results have been consistently disappointing. International programs

have been imposed on Haiti with little recognition of local conditions and scant coordination with

Haitian authorities. Within Haiti, governments, ministries, and legislators have only sporadically

supported the investigation and prosecution of major crimes. There are numerous obstaclesto this

goal. For one, French, rather than Creole, isthe language of the judicialsystem, effectively excluding

Haiti’s unilingual Creole majority.Judgesremain highly vulnerable to intimidation by politicians,

gangs, and powerful interest groups. Bribery is a key tenet of the judicialsystem, which is characterized by low salaries, lack of internal accountability, antiquated legal codes and run-down facilities

with few amenities—including legal texts and supplies. Ill-trained and disinterested judges, who

spend little time in their courtrooms, place a drag on the provision of justice.

The failings of judicial reform and of the judicialsystem itself are well known. Why then, despite

the support, focus, and consensus on the importance of rule of law, has progress been so elusive? 

Certainly within Haiti there are considerable capacity constraints, but more important has been

the limited political will among Haitian officialsto support practical efforts needed for reform.

Also, given the penchant among Haiti’s economic elitesto protect the status quo, it appearsthat

they have yet to be convinced that judicial reform and improved rule of law serve not only Haiti’s

long-term interest, but theirs, as well. Improvement in rule of law is a sine quo non for greater

investment,sustained economic growth, and the broader modernization of Haiti’s economy. On

the internationalside of the ledger, a reduction of the‘rampant bilateralism’that has undermined

effective reform efforts and the embrace of greater coordinated efforts—among international

actors and with their Haitian counterparts—are still prominent needs.

Improved provision of justice is critical for the creation of conditionsfor long term internal

stability and the eventual withdrawal of the United Nation’s Stabilization Mission in Haiti (MINUSTAH). Rule of law is at the heart of MINUSTAH’sfocus. Following its arrival in 2004, the U.N. mission

largely succeeded in bringing a measure ofstability and security in Haiti. Haiti’s devastating

earthquake did not fundamentally alter that improvement. A significant challenge isto ensure that

those security gains are locked-in, particularly so that they can undergird improved and sustained

capacity of public institutions. Absent an effective judicialsystem composed of efficient police,

courts and prisons, it is difficult to envisage MINUSTAH’s withdrawal.

The Criminal and Penal Codes

Haiti’s current criminal and penal codes date back to 1836. Modernizing these codesis an essential

component of rule of law reform. Updating Haiti’s codes will redefine the criminal process and
© USIP 2012 • All rights reserved.

Providing Justice in Haiti

page 3 • PB 122 • April 4, 2012

allow for prosecution ofsuch transgressions as human rights violationsthat were not imagined

176 years ago. New codes will ensure a higher degree of protection for persons and address complex issues of organized crime—such as drug trafficking and money laundering—that threaten

Haiti’sstability and its ability to build and protect democratic institutions and practice.

Reformed codes will also improve the justice system’s efficiency, not in a way that abrogates

rights, but rather in a way that enhancesthe overall effectiveness of the system. Code reform can

address Haiti’s unacceptable practice of prolonged pre-trial detention, in part by providing such

alternativessuch as house arrest, bail, and surrender of passportsto limit pre-trial flight possibilities. New codes can ensure that confession alone does not lead to conviction and that confessions

made under duress are not accepted. New codes can improve legal assistance provisions, including for those with mental disabilities and for juveniles.

Since initiating stepstoward legal code reform in 2008, Haitians working on reform have

created an excellent processfor achieving results. They have ensured that code revisions have

been undertaken with the participation of ordinary Haitians whose voices have been heard—and

listened to—in identifying weaknesses and needsin the country’slaws. This consultative process

has engendered a high degree of local ownership in the process. The dedication of Haiti’sreformers, led by former Justice Minister Rene Magloire, has ensured a continuation of the process

through periods of political turmoil and in the aftermath of the earthquake, when the reform team

continued to work in an‘office’located under a tree following the loss of its headquarters. 

At present, the reformed criminal procedure code is on the legislative agenda for debate by

the parliament. With no fixed calendar for that exercise, the drafters continue to reach out to

parliamentarians, lawyers and otherstakeholdersto educate them about the codes and encourage them to act. While support among parliamentarians appearsto be growing,some lawyers

are resisting any change in the status quo. One apparent controversial element of reform isthe

proposed change of criminal investigation from the portfolio of an investigating magistrate to

that of a prosecutor, a break with the tradition of French law that would bring Haitian practice into

conformity with other countriesin the region. 

The Way Forward

Reform of Haiti’s antiquated codes will represent a majorstep toward the improved provision of

justice. Many othersteps are needed, however, to complement that envisaged achievement. They

include greater oversight and protection of judges, enhanced training for lawyers and judges, and

greater accessto the judicialsystem both by Haiti’s poor and indigent, especially among Haitians

who do not live in Port-au-Prince or one of the provincial capitals. Other challengesinclude broad

reformsin the penalsystem, not just by resolving the issue of Haiti’s overcrowded and ill-equipped

prisons, but also through enhanced training of prison guards and improving judicial administration to move casesthrough the judicialsystem. Enhanced participation of civilsociety in judicial

reform, as has been seen in the code reform process, is also essential, asis much improved coordination among all actors—international and Haitian—in the process.

Some progresstoward improvement in the provision of justice in Haiti is being achieved.

Juxtaposed, however, are a number of troublesome issuesthat will inhibit the pace,scale and

effectiveness of reform. Indeed, they have already created doubts about the government’s

commitment to the process. Hopefully, Haiti’s difficult and complex politics, itssignificant needs,

and many obstacles will not completely impede President Martelly’sstated intention to improve

the provision of justice for all Haitians, which is essential to the country’s well-being and long-term

development.
© USIP 2012 • All rights reserved.

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tools that prevent and end conflicts, 

promotes stability and professionalizes 

the field of peacebuilding.

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About This Brief

This report is based on the panel 

presentation and the views 

expressed at a public forum 

hosted by USIP’s Haiti Program 

on February 15, 2012 entitled 

“Justice for Haiti.” The panel 

included Ugo Solinas, senior 

political affairs officer in the 

United Nations Department of 

Peacekeeping Operations; Joel 

Danies, deputy coordinator for 

Political Affairs & Office Director in 

the U.S. State Department Office 

of the Haiti Special Coordinator; 

Mark Schneider, vice president 

of International Crisis Group; 

and Vivienne O’Connor, senior 

program officer in USIP’s Rule of 

Law Center. 

The author of this report, Robert 

Maguire, is a professor of the 

Practice of International Affairs in 

the International Development 

Studies Program of the Elliott 

School of International Affairs at 

George Washington University and 

Director of GWU’s Latin America 

and Hemispheric Studies Program. 

He is also the chairman of USIP’s 

Haiti Working Group and a former 

USIP Jennings Randolph Senior 

Fellow (2008-2009). 

Endnotes

1.	 “Haiti’s Judicial Travesty,” The Washington Post, February 2, 2012

2.	 Amy Wilentz,“Impunity in Port-au-Prince,” The New York Times, February 8, 2012

3.	 Jorge Heine,“Jean-Claude Duvalier should be tried for more than corruption,” The Toronto 

Star, February 5, 2012.

Providing Justice in Haiti

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