HAITI       Institutional Situation

  This section has been updated by Mr Boubacar Issa Abdourhamane,
a doctorate student at the CEAN, IEP – Montesquieu University of Bordeaux

Democratic Process

The Republic of Haiti is a particular case in that it has been independent since January 1804. Since that date, however, the world’s first Black republic has suffered from chronic instability, alternating between tyranny and anarchy. The State has thus gone through 29 Constitutions and 42 Chiefs of State, of whom seven managed to stay in power more than ten years, 9 proclaimed themselves President for life and more than 26 were either assassinated or forced into exile.
Haiti only started along the road to democracy with the end of the Duvalier dictatorship (François Duvalier from 1957 to 1971 and his son “Baby Doc” Jean-Claude Duvalier from 1971 to 1986). This period was marked by serious violations of human rights orchestrated by the militia known under the name of the Tontons Macoutes. The democratisation process that then started has gone through many upheavals. After the forced exile of “Baby Doc”, General Henry Namphy became President of the National Council of Government (Conseil National de Gouvernement). A new constitution was adopted on 29 March 1987 and, in January 1988, Leslie Manigat, the leader of the Party of Progressive Democrats, was elected President of the Republic.
The democratic process was then interrupted in June 1988, when General Namphy overthrew President Manigat who was obliged to go into exile in Santo Domingo. Then, on 18 September, some sergeants of the presidential guard overthrew General Namphy and placed General Prosper Avril in power. He was then obliged to resign on 10 March 1990 in the face of major demonstrations.
The first truly democratic elections took place on 16 December 1990. They led to the election of Father Jean-Bertrand Aristide, a radical priest who campaigned in favour of openness and dialogue and was much appreciated among the poor classes of Haitian society. He was invested in February 1991, but his policy of reform soon turned the army against him. He was overthrown in a bloody coup d’état (more than 300 deaths) led by General Raoul Cédras on 29 September 1991 and left for exile in the United States.
This coup d’état entirely brought into question the progress made towards democracy in the country. Faced with international reprobation and attempts at domestic resistance, the military regime hardened its approach and summary executions, torture and disappearances became daily occurrences. After a gradual embargo and unproductive discussions led by the Organisation of American States under the United States, the United Nations Security Council finally authorised Washington, on 31 July 1993, to use all means necessary to re-establish constitutional rule.
On 19 September 1994, American forces landed in Haiti and President Aristide was returned to office on 15 October 1994, after three years in exile, to complete his term of office. The democratic process resumed with new elections taking place. American forces were replaced by a UN Mission initially composed of 5,700 soldiers and 900 police, finally reduced to 50 soldiers and 250 police. The army was dissolved in 1995. It has gradually been replaced by a police force trained by the UN.
The electoral process resumed under international supervision through a permanent Electoral Council entrusted with the task of organising and checking all electoral operations, including any disputes that might arise. The Electoral Council comprises 9 members appointed for a single term of office of 9 years during which time they cannot be removed from office.
General and senatorial elections were organised in June, August and September 1995 to elect the 83 members of the National Assembly and 18 of the 27 senators (part of the senate is renewed every two years). They were won by the Lavalas movement of President Aristide. In the presidential elections of December 1995, the candidate presented by the Lavalas movement, René Préval, beat about ten other candidates. Restructuring of the political scene and the resignation of Prime Minister Rosny Smarth in June 1997 opened a profound political crisis. The reformers led by the People in Struggle Organisation (Organisation du Peuple en Lutte – OPL), opposed President Préval and the partisans of ex-President Aristide (Fanmi Lavalas Party) and rejected all the candidates put forward by the President for the post of Prime Minister.
The general, senatorial and presidential elections were prepared in a climate of political tension with assassinations, the homes of public personalities being riddled with gunshots, social crisis and violence linked with networks of drug-dealers. Largely thanks to the UN and the United States, who maintained their assistance and presence with the aim of supporting democracy, the elections were held. The elections of 21 May and 30 July to designate the 82 members of the National Assembly gave victory to Fanni Lavalas (FL) with 72 seats, way ahead of the National Christian Movement (Mouvement National Chrétien – 3 seats), the Louvri Baryé Party (Parti Louvri Baryé - PLB – 2 seats), Space (Espace – 2 seats), Eskamp-Korega (EK- 1 seat) and the Organisation of the People in Struggle (OPL – 1 seat) with 1 seat going to an independent candidate. The elections to choose the 27 senators were dominated by Fanni Lavalas which won almost all the seats – 26, leaving just one to the Louvri Baryé Party. The electoral process was brought to a close on 26 November 1996 with the presidential election. To succeed outgoing President René Garcia Préval, several candidates were standing. Former President Jean-Bertrand Aristide of Fanni Lavalas won 91.69% of the votes, Arnold Dumas 2.0%, Evan Nicolas 1.6%, Serge Sylvain 1.3%, Calixte Dorisac 1.3%, Jacques Philippe Dorce 1.1% and Paul Arthur Fleurival 1.1%. President Jean-Bertrand Aristide took office in February 2001. Certain Haitian political parties contested the fairness of these elections marked by the overwhelming victory of Fanni Lavalas and weak representation of opposition parties. The international community, and in particular the United Nations, still remain vigilant when it comes to Haiti where political and institutional stability remain fragile.

Political Institutions

The Constitution of 29 March 1987 stipulates, in Article 29, that the citizens delegate the exercise of national sovereignty to three authorities: the executive, legislative and judiciary branches.
Executive power is shared between the President of the Republic and the Prime Minister. The President of the Republic is elected by direct universal suffrage in a two-round first-past-the-post election for a term of 5 years. He may be re-elected, but not consecutively. The Prime Minister leads the government. He is appointed by the President from among the members of the parliamentary majority and must be invested by the National Assembly. In case of the position being left vacant, it is the President of the Supreme Court who provisionally replaces the President of the Republic.
The Haitian Parliament is bicameral. Legislative power is in the hands of the National Assembly and the Senate. The 82 Members of the Assembly and 27 Senators are elected by direct universal suffrage. The term of office lasts 5 years for the former and six for the latter. The Senate is renewed by one–third every two years. The National Assembly may refuse to give its confidence to the Prime Minister. As well as this, only the Parliament has the right to amend the Constitution, on the initiative of one of the chambers or of the executive. Referendums are forbidden in such matters and the revision is subject to strict conditions: it may only be made during the last ordinary session of a legislature, 2/3 of the members of each chamber must be present and the revision must be approved by a majority of two-thirds. Finally, the amendment may only come into force after the investiture of the new President.
The Constitution also created a “Reconciliation Commission” whose role is to take a decision in differences of opinion between the executive and the legislative authorities. This commission is presided over by the President of the Court of Cassation, the competent body in matters of the constitutional validity of laws. It includes the Speaker of the National Assembly, the President and the Vice President of the Electoral Council and two members nominated by the Chief of State.

Legal System

Judicial power is exercised by the Court of Cassation, the Appeal Courts, the Courts of First Instance, the Magistrates Courts and Special Tribunals. The judges of the Court of Cassation, those of the 5 Appeal Courts and of the 15 Courts of First Instance may not be removed from office. This does not apply to the judges in the 185 Magistrates Courts and the Prosecution Service. The High Court of Audit and Administrative Disputes is competent to deal with administrative disputes and to check the accounts of the State, public companies and local authorities. Its decisions are subject to appeal in front of the Court of Cassation.
The Constitution states that there is a High Court of Justice responsible for judging the President of the Republic for high treason or for crimes or offences committed in office. The National Assembly pronounces the accusation by a two-thirds majority and the Senate then serves as the High Court. A UN report on human rights underlined the fact that “the disease of the Haitian judicial system, marked as it is by the malfunctioning of the penal procedure, the lack of independence of judges and government commissioners and the difficulty of access to justice, continues to cause frustration, not only in the population but also among financial backers”. Reform of the legal system is one of the recommendations made if the rule of law is to be strengthened in the country.

Decentralisation and Devolution

The Constitution refers explicitly to local authorities and decentralisation. The local authorities are the section, the commune and the department.
The section is the smallest territorial unit. It is administered by a council of three members elected by universal suffrage for a term of 4 years. The Section Board (Conseil d’Administration de la Section Communale - CASEC) is assisted by a Section Assembly. The communes, which are financially autonomous, are administered by a Municipal Council of three members elected by universal suffrage for 4 years and presided over by a Mayor.
The department is the largest territorial unit. It has the status of a legal entity and is financially autonomous. The department is administered by a Council of three members elected for 4 years by the Assembly of the Department. This Assembly assists the Council by delegating one representative per Municipal Assembly.
The devolution of power is achieved through the appointment of a Delegate in the main town of each department. The Delegates are assisted by Vice-Delegates in each Arrondissment. They coordinate and control public services. As well as this, there is also an inter-departmental council composed of a representative from each department which liaises between the departments and the executive. The next local elections are scheduled to take place at the same time as the general elections.

Political Parties

Freedom of association for political or any other pacific purposes is expressly guaranteed by the Constitution. There are several dozens of political parties in Haiti. Ten of them are represented in Parliament but many of the others are somewhat unrepresentative and there existence is often ephemeral.
Among the most important, Fanni Lavalas (FL), the party of President Aristide currently with a majority in the National Assembly and in the Senate, the National Christian Movement, the Ouvri Baryé Party (POB), Espace, Eskanp-Orega, the Organisation of People in Struggle (OPL), the National Committee of the Congress of Democratic Movements (KONAKOM), the Nationalist Progressive Revolutionary Party (PANPRA), the National Front for Change and Democracy (FNCD), the Movement for the Foundation of Democracy in Haiti (MIDH), the Rally of National Progressive Democrats (RDNP), the Christian Democratic Party of Haiti (PDCH), the Movement for National Reconstruction (MRN), the Movement for the Organisation of the Country (MOP) and the National Agricultural and Industrial Party (PAIN).

Trades Unions

Union freedom and the right to strike are guaranteed by the Constitution of 29 March 1987. There are several unions in Haiti. Union activity, however, remains discrete and difficult, given the catastrophic economic situation of the country. The unemployment rate is around 60% and the informal sector of great importance, thus limiting the potential for developing membership.

Human Rights

The Republic of Haiti has suffered from decades of chronic, large-scale violation of human rights. The habits of murder and torture that were picked up under the regime of François Duvalier and then his son Jean-Claude, with the campaign of terror orchestrated by the “Tontons Macoutes” seem to survive. From the coup d’état of September 1991 to the restoration of the Constitution in October 1994, more than 3,000 people were killed.
The country’s attachment to human rights is stated in the Preamble to the Constitution of 29 March 1987. Several international conventions have been ratified: the Universal Declaration of Human Rights of 1948, the American Declaration of Human Rights and Duties of 1948, the American Human Rights Convention, the International Pact on Civil and Political Liberties, the International Convention of Children’s Rights.
Given this tradition of violation of human rights, the army has been disbanded and efforts are being made to replace it with a republican police force. A citizens protection bureau has also been created. Its role is to serve as a rampart to protect citizens from the abuses committed by the administration. However, the protector of the citizen is appointed by the President of the Republic. Even if some progress has been made in this field since the restoration of democracy, violence and violations of human rights are still a problem. The press provides daily reports on this violence, although it is committed less and less often by the State itself and increasingly by armed groups experienced in gang activities and drug dealing. Amnesty International regularly denounces the fact that people continue to disappear, that there are summary executions and that many torturers remain unpunished.

Media

Press freedom was severely flouted by the military regimes. It is being reinstated with the return to constitutional order, although attacks on the freedom to keep people informed have not yet been given up once and for all. In April 2000, for example, the Director General of Radio Haiti Inter, Jean Léopold Dominique, was assassinated. In this country, journalists are often engaged alongside political leaders and thus attract the ire of their opponents. The journalists of the weekly Liberté, close to Father Aristide, were troubled in their activities in April 1999. Among the publications worthy of note:
-    Le Nouvelliste, the oldest of the daily papers, founded in 1898. It reserves a lot of space for debate and opinions. For some time, it published some texts in Creole, but ended up abandoning the experiment.
-    Le Matin, a daily founded in 1907. A paper that concentrates on the news and claims to be independent.
-    Haiti Observateur, a weekly published in New York since 1971. After opposing the Duvaliers, the paper now supports the “military” and the “bourgeoisie” and opposes the movement of Père Aristide.
-    Haiti Progrès – a weekly edited in New York since 1983. Politically engaged. Reserves a lot of space for the provinces and the workers and some of the articles are in Creole.
-    Libèté, a weekly published in Creole in Port-au-Prince. Close to Father Aristide and his movement, Fanni lavalas.
The country also has around forty radio stations, including Radio Nationale d’Haïti, the national station, and the national television channel.