UPDATE: Researching Haitian Law

 

By Marisol Florén Romero

 

Marisol Florén Romero is the Foreign & International Law Librarian at Florida International University (FIU) College of Law

 

Published February 2012
See the Archive Version

 

Table of Contents

General Information
                  Historical Background
                  Structure of the Government
The Legal System
                  Primary Sources
                                    The Constitution
                                    Main Codes
                                    Law Reporters
                                    Court Reporters
Sources of Legal Research
                  Background Information
                  The Legal System
                  Laws and Compilation of Laws
                                    Business and Banking Law
                                    Civil Law
                                    Civil Procedure
                                    Constitutional Law
                                    Criminal Law
                                    Criminal Procedure
                                    Electoral Law
                                    Family Law, Gender & Children’s Rights
                                    Human Rights
                                    Intellectual Property Law
                                    Labor Law
                                    Natural Resources and Agriculture Law
                                    Real Property and Cultural Property Law
                                    Tax Law
                                    Telecommunications Law
                                    Treaties and International Agreements
Legal Periodicals
Legal Education
The Profession
Portals, Legal Sites and Databases

General Information

Haiti is located on the western side of the island of Hispaniola, in the Caribbean Sea. With an area of 10,714 square miles and an estimated population of 9.8 million, Haiti is classed among the least developed countries in the Western Hemisphere. [[1]]

Historical Background

The island of Hispaniola was discovered by Christopher Columbus on December 5, 1492 and became a part of the Spanish dominion in the New World. During the sixteenth and seventeenth centuries, French buccaneers used Turtle Island, which is off the northern coast of Hispaniola, as the base for their commercial activities in the Caribbean.  They also invaded and eventually occupied an extensive territory on the northwest side of the island, founding permanent settlements. In 1697, by the Treaty of Ryswick, Spain recognized the right of the French to the western portion of the island and Hispaniola was divided into two. The French territory, with its capital at Cap-Français (now Cap-Haïtien), was named Saint-Domingue and became a prosperous economic colony engaged in exporting sugar, coffee, cotton, indigo and cocoa.[[2]] The prosperity and productivity of that colony was supported by a population of 25,000 free people of color (affranchis) and more than 700,000 African slaves.[[3]] In 1791, led by Toussaint L’Ouverture and later by Jean-Jacques Dessalines, the population rebelled against the French, ending slavery and leading to independence on January 1, 1804.[[4]] The newly independent country took the name Haiti, the aboriginal name of Hispaniola.

 

During the nineteenth century and the first half of the twentieth century, Haiti underwent many insurrections. The different classes struggled to gain power, which slowed down economic and social advancements, which prompted a military occupation of the country in 1915 by the United States that lasted until 1934.  During the second half of the twentieth century, the Duvalier family ruled the country. François Duvalier (Papa Doc) was in power from 1957 until his death in 1971. His son, Jean-Claude (Baby Doc), succeeded him, but Jean-Claude was driven from the country in 1986, bringing to an end thirty years of dictatorship.

 

Democracy was restored in March 1987 with the ratification of a new Constitution that provided for the protection of fundamental human rights; separation of powers of the State; decentralization of government; an elected bicameral Parliament (Assemblée Nationale); an elected President, who serves as head of State; and the designation of a Prime Minister as head of Government.[[5]] The signing of the 1987 Constitution did not guarantee the end of political chaos, social unrest, violations of human rights, and economic instability. On July 3, 1993, Jean-Bertrand Aristide and Raoul Cédras signed the Governor’s Island Agreement, sponsored by the United Nations (UN) and the Organization of American States (OAS), which provided for a transition from a military to a civilian government, with the return of Aristide as President of the Republic.[[6]]

 

This agreement was followed by several Resolutions of the United Nations General Assembly authorizing the deployment of successive international missions and peacekeeping operations, which were entrusted to observe and verify the respect to human rights and maintain a secure and stable environment in the country.  These Resolutions were: UN/OAS International Civil Mission in Haiti (MICIVH), February 1993 to July 31, 1997; UN Mission in Haiti (UNMIH), September 1993 to June 1996; UN Support Mission in Haiti (UNSMIH), June 1996 to July 1997; UN Transition Mission in Haiti (UNTMIH), August to November 1997; and UN Civilian Police Mission in Haiti (MIPONUH), December 1997 to March 2000. On February 29, 2004, the United Nations Security Council adopted Resolution 1529 (2004) [[7]] authorizing the deployment of the Multinational Interim Force (MIF) and on April 30, 2004, the UN Security Council adopted Resolution 1542 (2004) [[8]] creating the United Nations Stability Mission in Haiti (MINUSTAH) [[9]]. MINUSTAH mandate has evolved over time to adjust to the changing circumstances of the country. Among other duties, the mandate included maintenance of the rule of law, public safety and public order in Haiti, supporting the Haitian political process and promoting political dialogue and national reconciliation. The earthquake of January 12, 2010 was followed by an outbreak of cholera that claimed 2,000 lives and worsened Haiti’s conditions, prompting the United Nations Security Council to extend MINUSTAH’s mandate until October 15, 2012. [[10]] For almost two decades, Haiti has seen a significant involvement of the international community in trying to promote good government, ensure political and social stability, strengthen the rule of law, and assist with sustainable development. In May 14, 2011, Michel Martelly was sworn in as new President of Haiti for a five-year term.

 

Structure of the Government

The Haitian government is divided into three branches: executive, legislative, and judicial.

The legislative branch, or Parliament, consists of a Senate and a House of Deputies. Senators and Deputies are elected by direct vote for six- and four- year terms respectively, and they can be re-elected indefinitely[[11]].  Parliament enacts laws on all matters of general interest. [[12]] Bills and other legislative acts enter into force with their promulgation and publication in the official gazette, Le Moniteur. [[13]] Bills are numbered and printed in the Bulletin des Lois et Actes de la République d’Haïti. [[14]]

 

Executive power is vested in the President of the Republic, who is the head of State, and the Prime Minister, who is the head of the Government.[[15]] The President is elected to a five-year term and cannot be re-elected to a consecutive term.[[16]] He promulgates the laws, signs all international treaties and agreements, and submits them for ratification to Parliament. The President presides over the Council of Ministers (Conseil des Ministres), and enacts Presidential Decrees (Arrêtés).

 

The President selects the Prime Minister from among the members of the majority party in Parliament, subject to ratification by the Parliament. With the approval of the President, the Prime Minister chooses the members of the Council of Ministers, subject to parliamentary assent. The Prime Minister is responsible for law enforcement and has the authority to issue rules and regulations. [[17]]

 

Judicial power is vested in the Supreme Court (Cour de Cassation), the Courts of Appeal, Courts of First Instance, Justice of the Peace Courts, and special courts. Their operation, organization, and jurisdiction are established by statute. [[18]]

The justices of the Supreme Court and the Courts of Appeal are appointed for ten years. Judges of the Courts of First Instance are appointed for seven years. [[19]] The Supreme Court’s justices are appointed by the President from a list of three candidates for each court seat submitted by the Senate. Sitting judges of the aforementioned three courts can be removed only under exceptional circumstances, thus safeguarding the judiciary’s independence from political interference. [[20]]

The Legal System

Haiti adopted the French civil law system, including the French judicial structure and codification system. Six codes were enacted between 1825 and 1826: the Civil Code, the Code of Civil Procedure, the Commercial Code, the Criminal Code, the Code of Criminal Procedure, and the Rural Code.  With minor changes, these codes resembled their French antecedents. The Labor Code (1961) and a new Rural Code (1962) were enacted during the government of Francois Duvalier. Statutes are the main source of law, and French doctrine and jurisprudence are the basis for the interpretation of the law. [[21]]

 

Haïti’s judicature comprises four tiers. The Supreme Court is the highest court of the nation and provides a last recourse in matters decided at the appellate level. The Supreme Court also functions as Superior Magistrate Council and as Constitutional Court ruling on the constitutionality of a law. [[22]]

 

At the second tier are the Courts of Appeal. There are five regional appellate courts, located at Port-au-Prince, Cap-Haitien, Gonaïves, Les Cayes, and Hinche. A judge president and two other judges sit in each court.

 

At the third tier are the Courts of First Instance. These are sixteen courts of original jurisdiction in civil, commercial, or criminal matters, with a single judge presiding. A Public Prosecutor’s Office is designated for each Court of First Instance. Also at the third tier are examining magistrates who are responsible for conducting criminal investigations, issuing formal charges and sending cases to the Criminal Court, the Division of Minor Offenses, or to the Civil Court – or for issuing a non-suit. The decisions of the Courts of First Instance may be appealed to the Courts of Appeal and to the Supreme Court.

 

Justices of the peace are at the fourth tier, forming the base of the judicial structure. These puisne judicial officers have jurisdiction over small claims in civil, commercial, and criminal matters.

 

In addition to the ordinary courts, there are three specialized courts: the Labor Courts, the Juvenile Court, and the Land Courts, which deals with registration of property rights in the Artibonite Valley. Additionally, Article 200 of the Haitian Constitution establishes the High Court of Accounts as an administratively and financially independent court, which hears appeals and claims for damages by individuals against the State. This court also has an administrative function auditing the accounts of the State. The decisions of the Labor Courts, the Land Court and the High Court of Accounts are only appealable to the Supreme Court.[[23]]

 

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.[[24]]

 

Primary Sources

 

The Constitution

After twenty-nine years of dictatorship, Haiti reestablished a democratic government by proclaiming, on March 29, 1987, a new Constitution which is still presently in force. The 1987 Constitution defines the government of Haiti as indivisible, sovereign, independent, cooperatist, free, democratic and social with a dual executive (President and Prime Minister) and a bicameral legislature. It recognizes Créole and French as official languages [22], stresses the protection of fundamental rights, and provides for the decentralization of the government by entrusting administrative and financial autonomy to the départements and communes. The Constitution also creates an Electoral Council, responsible for the organization of elections.

 

The text of the Haitian constitution, in French, Creole or English, can be found in several sources, among which are:

 

 

Main Codes

The Civil Code, the Code of Civil Procedure, the Commercial Code, the Criminal Code, the Code of Criminal Procedure, and the Rural Code were all enacted between 1825 and 1826. The Labor Code (1961) and the Rural Code (1962) were enacted during the government of Francois Duvalier.

 

Civil Code

 

Code of Civil Procedure

 

Penal Code

 

Code of Criminal Procedure

 

Code of Commerce

 

Fiscal Code

 

Labor Code

 

Rural Code

 

Law Reporters

 

 

·       Lois et Actes du Conseil National de Gouvernement. [Vol. 1]–, 7 Févriers 1986– 7 Février 1988. [Port-au-Prince] Conseil National, 1988  available at Haitian Law Digital Collection.

 

Court Reporters

·       Bulletin des Arrêts du Tribunal de Cassation Rendus en Toutes Matières: Affaires Civiles, Criminelles et Urgentes. No. 1–, (1856?)–. Port-au-Prince, Imprimerie de l’Etat, 1856(?)– available from 1859 through 1978 at Haitian Law Digital Collection.

 

Sources of Legal Research

Background Information

The United States Department of State Background Notes: Haiti is an excellent source providing current and updated information on the country. The Background Notes describe the major historical events; the social and economic conditions of the country; and structure of government. They also include an analysis of the legal system, reports on the situation of human rights, or on national security issues; and contact information for doing business in Haiti.

For data on social and economic conditions of the country, see the country reports prepared by the World Bank and the Inter-American Development Bank (IDB).

 

The Legal System

To understand the court system and administration of justice in Haiti review the reports of the different international organizations involved in strengthening the rule of law in Haiti or addressing human rights issues; a description of some of these sources follow.

 

·       United States Agency for International Development (USAID), Audit of USAID/Haiti's Justice Program, Audit Report No. 1-521-07-008-P, April 24, 2007, available here.

 

·       The Inter-American Commission on Human Rights, Annual Reports on Human Rights Developments in the Region for 2008 an 2009, includes a section describing advancements in the administration of justice in Haiti; see as well the reports on the justice system, rule of law and elections in Haiti prepared by the Institute for Justice  & Democracy.

 

·       Douglas Clouatre, Haiti, pp. 647 – 652, in Legal Systems of the World, Herbert M. Kritzer, editor, (Santa Barbara: ABC-CLIO, 2002), volume II. This article provides an excellent overview of the legal system in Haiti.

 

 

 

See also 

 

 

Laws and Compilation of Laws

In addition to the official sources listed above, Thomas Reynolds and Arturo A. Flores’ Foreign Law Guide online database, the Law Library of Congress Global Legal Information Network (GLIN) and E. P. & E.Trouillot’s Code de Lois Usuelles, are the most comprehensive sources for researching laws of Haiti in force.

 

·       The Law Library of Congress, Global Legal Information Network (GLIN), is the most valuable source providing open access to current Haitian legislation. It covers laws of Haiti from 1953 to current (there is a two-year’s gap). The database provides the full text of the official laws from Le Moniteur.

 

 

For historical compilations of laws see:

 

 

 

Business and Banking Law

For business and banking, laws in Haiti see the following sources:

 

·       Banque de la République d’Haïti, under Bank Supervision, one finds the main laws regulating the banking system in Haiti: Décret du 14 November 1980, Règlementant le Fonctionnement Des Banques et des Activités Bancaires sur le Territoire de la République d’Haïti [Decree of November 14, 1980], Le Moniteur no. 82, November 17, 1980; and Law of August 17, 1979, on the creation of the Bank of the Republic of Haiti, Le Moniteur No. 72, September 11, 1979. 

 

 

·       Haiti Embassy in Washington, selected norms and regulations regarding business and investment in Haiti can be found under Reference Documents. Among the documents we find the text of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, known as the HOPE (I) alternatively here; and the full text of the Law on the modernization of government corporations [Loi sur la modernisation des entreprises publiques], Le Moniteur no 151, 75-A, October 10, 1996.  The HOPE I Act was amended in 2008 (HOPE II) and extended for 10 years. See full text of both acts on the web page of the Federal Digital System (FDSYS);[[26]]

 

 

For print sources see:

 

 

Civil Law

 

·        Civil Code [1993], Code Civil Haïtien annoté et mis à jour par Menan Pierre-Louis, adopté par La Chambre des Communes le 4 Mars, Décrété par le Senat le 20 Mars et promulgué le 27 Mars 1825 (Port-au-Prince 1993) updated and annotated.

 

Civil Procedure

Constitutional law

The following sources contain historical texts of Haitian constitutions and relevant treatises on Haitian constitutional law:

 

For online sources see:

 

 

 

 

For print sources see: 

 

 

Criminal Law

 

 

For print sources see:

Criminal Procedure

·       Code of Criminal Instruction (French) is found on the web page of the OAS, Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition.

·       Code of Criminal Procedure [1995],  Code d’Instruction Criminelle, Voté a la Chambre des Représentants, le 14 Juillet, Au Sénat de la République, le 31 Juillet, Promulgué, le 31 Juillet 1835, annoté par Menan Pierre-Louis (L’Imprimerie Domond 1995).

 

Electoral Law

·       Electoral Law (2008), Loi Electorale 2008-001, Le Moniteur no. 13 – Spécial no. 3, 25 Juillet, 2008, available at Haiti’s Provisional Electoral Council (CEP), and Law of May 2009, Le Moniteur no. 169, amending article 232 of Electoral Law of 2008 available at the Global Legal Information Network (GLIN)

 

·       Arrêté regulating the operation of the Provisional Electoral Council, January 21, 2008, Le Moniteur no. 163, available at the Global Legal Information Network (GLIN)

 

 

Family Law, Gender & Children’s Rights

·       Adoption Law Décret du 4 avril 1974 sur l’adoption renforçant les droits de l’adopte dans sa nouvelle famille, available on the webpage of the Embassy of Haiti in Washington.

 

 

Inter American Commission on Human Rights (IACHR), sections on the protection of women and children’s rights in Haiti; and the reports of the independent Expert on the situation of human rights in Haiti available at OHCHR in Haiti

 

 

·       FAO Gender and Land Rights Database, contains country level information on social, economic, political and cultural issues related to women's property and use rights ingrained in the Civil Code, Labor Code, Family Code; the database also reports on customary law, policies and institutional mechanisms enforcing or preventing women’s land rights. See country reports, Haiti.

 

See also the following reports by Human Rights Watch (HRW) and the Organization of American States (OAS) on the situation of women’s rights in Haiti:

 

 

·       The Right of Women to Live Free of Violence and Discrimination in Haiti, OEA/SER.L/V/II.doc 64, March 10, 2009, available here.

 

Human Rights

 

 

 

 

 

 

 

 

 

 

Intellectual Property Law

For intellectual property, patents and trademark laws see the following sites to identify relevant intellectual property laws in force:

 

·       WIPO Lex, the World Intellectual Property Organization (WIPO) database contains national laws and treaties on copyrights, trademark, patents and industrial designs for Haiti. WIPO Lex has the full text in English and French of following intellectual property laws: Law of 17 July 1954 on the Registration and assignment of Trademarks and Service Marks amended by Act of July 14, 1956 and Decree of August 28, 1960; Law of December 14, 1922, on Patents of Inventions and Industrial Designs amended by law of July 3, 1924; Decree on Copyrights of October 12, 2005, establishing the Haitian Copyright Office.

Labor Law

For online sources see:

 

 

The Labor Code of September 1961 updated by Decree of February 25, 1984 can be found at the webpage of the World Bank Doing Business law library.

 

For print sources see:

 

Natural Resources and Agriculture Law

·       Rural Code (1962) Le Moniteur No. 51 May 16, 1962, amended by Decree of June 26, 1986 available at Faolex. Faolex is the online database of national laws and regulations on food, agriculture and renewable natural resources of the Food and Agriculture Organization of the United Nations (FAO). Doing a search in Faolex will retrieve enacted laws on forestry, mining, boundary waters, protection of environment and natural resources, and regulating irrigation in Haiti.

 

 

 

 

·       The Office of Mining and Energy of Haiti, Bureau des Mines et de L’Energie d’Haïti, has the Decree encouraging mineral exploration throughout the territory of the Republic and adapt the existing legal structures to the realities of the mining industry, [Décret Encourageant la Prospection Minière sur Toute L’Etendue du Territoire de la République et Adaptant les Structures Juridiques Existantes Aux Réalités de L’Industrie Minière], Le Moniteur, no. 19, March 8, 1976; and the Decree regulating quarry operators throughout the national territory, [Décret Réglemente les Exploitations de Carrières sur Toute L’étendue du Territoire National] Le Moniteur no.26, April 2, 1984. The Decree of 10 October 1974 establishing the ownership by the State of all natural resources found within the territorial limits can be found at the Global Legal Information Network (GLIN).

Real Property and Cultural Property Law

 

·       FAO Gender and Land Rights Database, contains country level information on social, economic, political and cultural issues related to women's property and use rights ingrained in the Civil Code, Labor Code, Family Code; the database also reports on customary law, policies and institutional mechanisms enforcing or preventing women’s land rights. See country reports, Haiti.

 

For print sources see:

 

Tax Law

 

 

Telecommunications Law

The National Telecommunication Counsel (CONATEL) is the official institution regulating telecommunications in Haiti. On the website of CONATEL, under Legislation one finds the laws and norms regulating telecommunications in Haiti, see the following sources:

 

 

Treaties and International Agreements

Haiti signed and ratified on July 2, 2002 the Treaty of Chaguaramas, which allowed for the establishment of CARICOM, the Caribbean Community and Single Market Economy (CSME). Haiti is also a signatory, since December 15, 1989, to the ACP/EC Convention, better known as the Lomé Convention. For other treaties and international agreements signed by Haiti see:

 

 

 

 

 

Bilateral Treaties with the Dominican Republic

For bilateral treaties with the Dominican Republic, see the following source:

·       [Bilateral Agreements between the Dominican  Republic and Haiti] Convenios Bilaterales entre la República Dominicana y la República de Haití (Ministerio de Relaciones Exteriores 2000), available at the webpage of the Ministry of Foreign Relations (MIREX) of the Dominican Republic, search under Biblioteca.

 

Legal Periodicals

 

Legal Education

Legal education in Haiti is a four-year program in which students must complete a final project [memoire the sortie] to obtain a bachelor’s degree in law (Licence en Droit).  After completion of the course requirements, students need to do a practice [stage] under the supervision of a licensed lawyer [Batonnier de l’Ordre des Avocats].[24]

 

Three Universities in Haiti confer law degrees: the State University of Haiti [L'Université d’Etat Haïti]; the Quisqueya University [Université Quisqueya], a private university in Port-au-Prince established in 1992; and the L'École Supérieure Catholique de Droit de Jérémie (ESCDROJ).[[27]] Under the State University system there are eight sites in different Departments, each site with a law school. The sites are: (1) Faculté de Droit et des Sciences Economiques (FDSE) in Port-au-Prince, established in 1859, is the oldest law school in Haiti; (2) École de Droit et d'Économie de Port-de-Paix (EDEPP); (3)  École de Droit de Hinche (EDH); (4) École de Droit de Jacmel (EDJ); (5) École de Droit et des Sciences Économiques des Cayes (EDSEC); (6) École de Droit et des Sciences Economiques de Fort-Liberté (EDSEFL); (7) École de Droit et des Sciences Économiques des Gonaïves (EDSEG); and (8) Faculté de Droit, des Sciences Économiques et de Gestion du Cap-Haïtien.

 

The Profession

The Bar (Ordre du Barreau) is the professional association that rules the practice of law in Haiti, and it is regulated by Decree of March 29, 1979 . The practice of law is strictly reserved to Haitian citizens. Lawyers must accredit a Bachelor’s degree in Law from the State University of Haiti or an equivalent title from a national or foreign university plus two years of practice [le stage] obtaining a certificate of professional aptitude from The Bar [Batonnier de l’Ordre des Avocats].

 

Portals, Legal Sites and Databases

Listed below are the most relevant databases, portals and legal sites providing access to the legal literature of Haiti and information significant to researching Haitian law.

 

·       Law Library of Congress, Global Legal Information Network (GLIN) database provides the full text of the official laws from Le Moniteur since 1953.

 

 

 

·       The World Law Guide (Lexadin). Lexadin identifies Haitian legal sources and organizes these sources by the following areas of law: constitutional law, litigation and court procedure, administrative law, labor law, construction law, e-commerce, criminal law, commercial law, and intellectual property.  It also provides links to Haitian legal sites, which are mainly government websites. 

 

·       The Haitian Law Digital Collection, contains the resources contributed by the Law Library Microform Consortium’ s (LLMC) Haiti Legal Patrimony Project and the Caribbean institutions members of the Digital Library of the Caribbean (dLOC).

 

·       Internet Archive contains historical collections in digital format and offers open and free access to Haitian legal literature, mainly from American and Canadian libraries. It also contains an extensive collection of Haitian XIX century and beginning of the XX century laws.

 

·       The National Library of France Gallica Digital Library, provides open access to XIX century Haitian legal literature.

 

·       Lyonette Louis-Jacques, Starting Points for Researching Haitian Law, Slaw, September 16, 2011, reviews the range of resources available to scholars to locate Haitian law, from online catalogues, research guides, databases, to blogs and list serves supported by information specialists.

 

·       Marisol Florén, Mapping the Digital Legal Information of Mexico, Central America, the Spanish Speaking Caribbean and Haiti, (July 26, 2011), paper presented at IFLA World Conference (Puerto Rico 2011) available at http://ssrn.com/abstract=1895626; alternatively here.

 

Haitian & Government Sites

The following Haitian websites contain legal information:

·       The Haitian Parliament – has official text of laws enacted since 2006

·       Ministry of Economy and Finance

·       Commission Nationale de Marches Publics publishes regulations on public procurement

·       Ministère de l’Intérieur et des Collectivités Territoriales

·       The National Telecommunications Council

·       Ministère de la Planification et de la Coopération Externe (MPCE), contains laws and regulations related to the organization and operation of regional authorities  

·       Centre de Facilitation Des Investissements Haïti (CFI) describes the requirements for establishing an enterprise in Haiti, documents are available in English, Spanish and French

·       Administration General des Douane

·       Bureau des Mines et de L’Energie d’Haïti

·       Haiti Justice[[28]]

 

 



[[1]] See UNCTAD, World Economic Situation and Prospects (United Nations, 2011)  at 142, available at http://www.unctad.org/Templates/webflyer.asp?docid=14329&intItemID=2068&lang=1; see also United Nations Development Program (UNDP) Human Development Index, http://hdrstats.undp.org/en/countries/profiles/HTI.html, and Preliminary Overview of the Economies of Latin America and the Caribbean ( ECLAC 2010) at 119.

[[2]] Robert Debs Heinl & Nancy Gordon Heinl, Written in Blood: The Story of the Haitian People, 1492-1995 (University Press of America 2005) at 29.

[[3]] See Id.

[[4]] John D. Garrigus, Before Haiti: Race and Citizenship in French Saint-Domingue (Palgrave 2006), for the development of the Creole society, the rising economic power of the free people of color and the origins of the Haitian revolution that led to independence.

[[5]] Douglass Clouatre, Haiti, in Legal Systems of the World, 647 – 652 (Herbert M. Kritzer, ed., 2002); see also, Gerald Perry, Haiti, in International Encyclopedia of Comparative Law, National Reports H4 (J.C.B. Mohr 1978); see also, Haiti Const. Art. 137.

[[6]] See David Malone, Decision-Making in the UN Security Council: The Case of Haiti, 1990-1997, (Clarendon Press 1998).

[[7]] UN Security Council Resolution 1529 (2004), UN Doc. S/RES/1529 (2004) (29 February 2004), available at http://daccessdds.un.org/doc/UNDOC/GEN/N04/254/10/PDF/N0425410.pdf?OpenElement.

[[8]] UN Security Council Resolution 1542 (2004), UN Doc. S/RES/1542 (2002) (30 April 2004), available at http://ods-dds-ny.un.org/doc/UNDOC/GEN/N04/332/98/PDF/N0433298.pdf?OpenElement

[[9]] IACHR. Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community, OEA/Ser/L/V/II.123 doc.6 rev 1 (26 October, 2005), at 8-9, available at http://www.cidh.org/countryrep/HAITI%20ENGLISH7X10%20FINAL.pdf.

[[10]] Resolution 2012 (2011), The Security Council extends the mandate of MINUSTAH until 15 October 2012 and adjusts Mission's overall force levels [S/RES/2012(2011)] of 14 October 2011, available at http://www.un.org/en/peacekeeping/missions/minustah/resolutions.shtml.

[[11]] Const. Haiti Art. 92-3, and 95.

[[12]] Id. Art. 111

[[13]] Id. Art. 125.

[[14]] Id. Art. 125-1.

[[15]] Id. Art. 133

[[16]] Id. Art. 134-1.

[[17]] Id. Art. 159

[[18]] Id. Art. 173. See also Decree of August 22, 1995, relative to the organization and functions of the courts. Le Moniteur, no. 150, amending Act of September 18, 1985.

[[19]] Const. Haiti Art. 174.

[[20]] Id. Art. 177.

[[21]] Thomas Reynolds & Arturo Flores, Haiti, in Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World, 3 (Fred B. Rothman, 1997) updated 8/2003. See also, Gerald Perry, Haiti in International Encyclopedia of Comparative Law, National Reports, v. 1 at H4.; see also, Jean Marie Mondésir, Le Droit Haïtien available at http://www.chez.com/juristehaitien/; see also Jean Marie Mondésir, La Codification en Haïti available at  http://membres.lycos.fr/civiliste/.

[[22]] Const. Haiti Art. 183. See also La Cour de Cassation d’ Haïti, (Composition, Attributions, Procedures, Effects of its Decisions, and Rules of the Court), available at http://www.accpuf.org/index.php?option=com_content&task=view&id=128&Itemid=185 

[[23]] IACHR, supra note 9, at 30-31.

[[24]] Agreement Establishing the Caribbean Court of Justice available at http://www.caricom.org/jsp/secretariat/legal_instruments/agreement_ccj.pdf; see also Legal System of the Republic of Haiti available at www.oas.org/juridico/mla/en/hti/en_hti-int-des-sys.doc. For further discussion of the jurisdiction of the Caribbean Court of Justice and Haiti see, Duke E. Pollard,  The Caribbean Court of Justice: Closing the Circle of Independence (2004).

[[25]] As a consequence of the January 12, 2010 earthquake in Haiti, the Law Library Microform Consortium (LLMC) and a group of member libraries launched the LLMC Haiti Legal Patrimony Project. The LLMC Haiti Legal Patrimony Project brings together, in electronic format, and provides access to Haitian legal resources in many law libraries around the world. LLMC includes legislative, administrative, and judicial materials, treatises and US documents related to Haiti. All materials for the LLMC Haiti Legal Patrimony Project are available through LLMC Digital and open access through the Digital Library of the Caribbean (dLOC).

[[26]] See J. F. Hornbeck , The Haitian Economy and the HOPE Act, Report for Congress, June 24, 2010, Congressional Research Service (CRS),  7-5700.

[[27]] Jomanas Eustache, The Importance of Teaching Law and the Reinforcement of the Judiciary System in Haiti, 32 Hastings International and Comparative Law Review, 601, on the origins of ESCDROJ and description of the judicial system in Haiti today.

[[28]] The Center for Research and Legal Information (CRIJ) and/or Haiti Justice maintained one of most important legal websites in Haiti. This site contained codes and legislation on criminal and labor matters, business and civil law matters, and commentaries on various legal issues.  During the course of this research, the content in Haiti Justice became inaccessible.  Although the site remains available, all of the content has disappeared.  One hopes this is just a temporary, and not a permanent, inconvenience due to the precarious conditions of the country.