Researching Haitian Law
By Marisol Florén-Romero
Marisol
Florén-Romero is the International Reference Librarian at Florida
International University (FIU), College of Law Library.
Published May/June 2008
Table of Contents
General
Information
Historical
Background
Structure of the
Government
The Legal System
Judicial Organization
Primary Sources
The Constitution
Codification
Law Reporters
Court Reporters
Sources of Legal
Research
Background
Information
Development of
the Legal System
Laws and
Compilation of Laws
Constitutional
Law
Human Rights
Labor Law
Criminal Law
Business and
Banking Law
Real Property and
Cultural Property Law
Electoral Law
Natural
Resources and Agriculture Law
Intellectual
Property Law
Family Law
Maritime Law
Telecommunication
Law
Tax Law
Treaties
and International Agreements
Bilateral
Treaties with the Dominican Republic
Legal Periodicals
News
Legal Education
The Profession
Legal Sites
Bibliography
General Information
Historical Background
Haiti is located
on the western side of the island of Hispaniola, in the Caribbean Sea. With an
area of 27,750 square kilometers and an estimated population of 8.5 million, Haiti has a high population density. More than half of its people live in rural areas. The
country has an average life expectancy of 60 years, high rates of infant and
maternal mortality, and a GNP per capita of USD 480. Haiti is classed among the
least developed countries in the world.[1]
Christopher
Columbus discovered Hispaniola on December 5, 1492. He established the first
Spanish settlement in the Western Hemisphere, Fort Nativity, on December 25,
1492. During the sixteenth and seventeenth centuries French buccaneers used Turtle Island, off the northern coast of Hispaniola, as the base for their commercial
activities in the Caribbean, invading and eventually occupying an extensive
territory on the northwest side of the island. 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, the
non-white population of Haiti, led by Toussaint L'Ouverture and later by
Jean-Jacques Dessalines, rebelled against the French, ending slavery and
leading to independence on January 1, 1804. The newly independent country took
the name Haiti, the aboriginal name of Hispaniola.
Haiti underwent
many insurrections during the nineteenth century and the first half of the
twentieth century. Struggles among the different classes to gain power, and
neglected economic and social advancements, prompted a 1915 military occupation
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 till 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 personalist dictatorship.
Democracy
was restored in March 1987 with the ratification of a new Constitution that
provided for an elected bicameral Parliament (Assemblée nationale); an
elected President and Prime Minister, as head of State and head of Government
respectively; and a Supreme Court appointed by the President with parliamentary
consent.[4]
The
signing of the 1987 Constitution did not guarantee the end of political chaos,
social unrest, violations of human rights, and economic instability. For the
past decade, Haiti has seen a significant involvement of the international
community in trying to promote good government, ensure political and social
stability, and assist with sustainable disarmament, demobilization, and
reintegration programs. 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), providing for a transition
from a military to a civilian government, with the return of Aristide as
President of the Republic.[5] This
agreement was followed by several Resolutions of the United Nations General
Assembly authorizing the deployment of successive international missions: 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)[6] authorizing
the deployment of the Multinational Interim Force (MIF). On April 30, 2004, the
UN Security Council adopted Resolution 1542 (2004)[7] creating the
United Nations Stability Mission in Haiti (MINUSTAH)[8].
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 (30 seats) and a
Chamber of Deputies (99 seats). Senators and Deputies are elected by direct
vote for six- and four- year terms respectively, and they can be re-elected
indefinitely. Parliament enacts laws on all matters of general interest.[9] Bills and
other legislative acts enter into force with their publications in the official
gazette, Le Moniteur.[10] Bills are
numbered and printed in the Bulletin des Lois et Actes de la République
d'Haïti.[11]
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.[12] The
President is elected to a five-year term and cannot be re-elected to a
consecutive term.[13] 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. 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.[14]
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.[15]
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.[16] 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.[17]
The Legal System
Judicial Organization
Haiti adopted the
French civil law system, including the French judicial structure and
codification system: Civil Code, Criminal Code, Commercial Code, Code of Civil
Procedure, and Code of Criminal Procedure. All Codes were enacted between 1825
and 1835, and with minor changes they resembled their French antecedents. The
Labor Code (1961) and 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.[18]
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.[19]
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 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, responsible for
conducting criminal investigations, issuing formal charges and sending a case
to the Criminal Court, to 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 four special courts: the Labor
Courts; the Juvenile Court; the Land Court, dealing with registration of
property rights in the Artibonite Valley; and the High Court of Accounts, 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 and the Land Court are only appealable to the
Supreme Court.[20]
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.[21]
Primary Sources
The Constitution
The
Constitution of March 29, 1987 is currently in force. This new Constitution
defines the government of Haiti as a cooperativist, free, democratic social
republic with a dual executive (President and Prime Minister) and a bicameral
legislature. It recognizes Créole as an official language along with French[22], prohibits
the cult of personality, 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 elections.
Codification
- Civil
Code [Code Civil Haïtien], annoté et mis a 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).[23]
- Code
of Civil Procedure [Code de Procédure Civile], annoté par René
Matard. Loi
de 19 Sep 1963, in force 17 Jan 1964, (Editions du Soleil 1981). The
1943 edition of the Code of Civil Procedure is available at Digital
Library of the Caribbean
- Criminal
Code [Code Pénal], voté a la Chambre des Communes, le 29 Juillet,
au Sénat de la République, le 10 Aout; Promulgué, le 11 Aout, 1835. Annoté
par Menan Pierre-Louis, (L'Imprimerie Domond 1996).
- Code
of Criminal Procedure [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). The Code of Criminal Procedure of 1826 is available
at Digital
Library of the Caribbean.
- Commercial
Code [Code de Commerce], Loi du 27 Mars 1826, modifiée par le
Décret-loi du 22 décembre 1944) annoté par Menan Pierre-Louis, (Les
Editions Fardin 1987). The Commercial Code of 1827 Code is available
at Digital
Library of the Caribbean.
- Tax
Code [Code Fiscal] mis à jour 1998, par Joseph
Paillant, (Imprimerie Deschamps 1998).
- Labor
Code [Code du Travail de la République d'Haïti],
Jean-Frédéric Sales, (Presse de l'Université Quisqueya 1992). This is
the text of the 1961 Code and its updates.
- Rural
Code [Code Rural], Law of May 24, 1962. Le Moniteur No. 51
May 16, 1962, Amended by Decree of June 26, 1986.
Law Reporters
- Le Moniteur, Journal Official de la République d'Haïti,
no.
1- 6 December 1862- Port-au-Prince, 1862- is published by the
National Presses of the Republic of Haiti.
·
Bulletin
des Lois et Actes de la République d'Haïti. Année 1832-, Port-au-Prince, Imprimerie
du Gouvernement, [1832] -
- Lois
et Actes du Conseil National de Gouvernement. [Vol. 1]-, 7 Feb
1986-. [Port-au-Prince] Conseil National, 1988-
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(?)-
Sources of Legal Research
Background Information
The
following sources provide background information on the country. They 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.
Development of the Legal
System
For
an historical view of the development of the legal system in Haiti, the work of Chantal Hudicourt Ewald continues to be the most comprehensive source.
To understand the court system and administration of justice in Haiti today I would recommend reviewing the reports of the different international organizations
addressing human rights issues or involved in judicial reforms in Haiti; a description of some of these sources follow.
- Chantal
Hudicourt Ewald, The Legal System of Haiti, in 7 Modern Legal
Systems Cyclopedia (Hein, 1995) (looseleaf). Hudicourt reviews the
historical development of the legal system in Haiti until 1980, the
sources of law, the structure and organization of the courts, the
procedures, legal education and the practice of law. The 1995 update of
this article is limited to briefly assessing the political events that
occurred after the constitutional reform of 1987.
- Gerald
Perry, Haiti, In International Encyclopedia of
Comparative Law, v. I. National Reports, H1 - H5
(J.C.B. Mohr, 1978). The article on Haiti was written in October
1969.
- Thomas
Reynolds & Arturo A. Flores, Haiti, in Foreign
Law: Current Sources of Codes and Basic Legislation in Jurisdictions
of the World (F.B. Rothman, 1989), I-A. (loose leaf). Released
on 9/2003.
- 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, (2005).
See also
Laws and Compilation of Laws
In
addition to the official sources listed above, Thomas Reynolds and Arturo A.
Flores' Foreign Law Guide 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 Haitian law.
- Thomas
Reynolds & Arturo A. Flores, Haiti, in Foreign
Law: Current Sources of Codes and Basic Legislation in Jurisdictions
of the World. This is a fee base database.
- Global Legal Information Network (GLIN)
GLIN developed by the Law Library of Congress covers the English summary
of laws and regulations of Haiti since 1953. The official source is Le Moniteur.
- Code de Lois
Usuelles, edited by Ertha P. Trouillot and Ernst
Trouillot, (Montreal, Editions SEMIS, 1998). 2 vols.
This book is an annotated compilation of laws of general application from
tax, administrative, family, banking and credit laws, to criminal,
procedural and immigration laws.
- Linstant
Pradine, Recueil Général des Lois et Actes du Gouvernement d'Haïti
depuis la Proclamation de son Indépendance jusqu'à nos Jours mis en
ordre et publié par., (Paris, A. Durand, 1860 - 1888). 8 v.
This book is an annotated compilation of Haitian laws enacted from 1804 to
1845. Volumes 7 (1840-1843) and volume 8 (1843-1845) were edited by
Emmanuel Edouard. Volumes 4, 5 and 6 are available at Digital
Library of the Caribbean.
- Claudius
Ganthier, Recueil des Lois et Actes de la République
d'Haïti de 1887 à 1904, (Port-au-Prince, 1907-1912). 3 vols.
- Etienne
Mathon, Annuaire de Législation Haïtienne ... contenant les lois
votées par les Chambres législatives en l'année 1904 et les principaux
arrêtés d'intérêt général / [edited by] Etienne Mathon, (Port-au-Prince:
Im. J. Verrollot, 1905-1920). Laws enacted from 1904 to 1918.
Constitutional Law
The
text of the constitution in force in Haiti, in French, Creole or English, can
be found in several sources, among which are:
- Constitution 1987 (Georgetown Political Database of the Americas) (French, English)
- Constitution 1987 (Embassy
of the Republic of Haiti, Washington) (Creole, French, English)
- Constitution 1987 (Droit
Francophone) (French)
- Constitution 1987 (The
Information Exchange Network for Mutual Assistance in Criminal Matters and
Extradition / OAS) (French, English)
- Constitution 1987 (ACCPUF)
(French)
- Gisberth
H. Flanz, Haiti, 1984-1987, in Constitutions of the Countries of
the World (Albert P. Blaustein & Gisbert H. Flanz, 1987).
Gisberth H. Flanz introduces the 1987 Constitution of Haiti analyzing the
chronology of political events starting in 1984 which lead to the
proclamation of the 1987 constitutional reform, highlighting the major
changes brought by this constitution. The database contains the text of
the 1987 Haitian constitution in French and English.
- Constitution 1801
This Constitution was promulgated by Toussaint L'Ouverture in 1801
proclaiming himself as Governor for life of Saint-Domingue. The
constitution is hosted by the University Pierre Mendes at Grenoble, France.
- Luis
Mariñas Otero, Las Constituciones de Haiti (Ediciones Cultura
Hispánica 1968).
This
book compiles the text in Spanish of the 33 constitutional reforms
proclaimed by Haiti between 1801 and 1964, discussing the historical
context and the main changes of each reform.
- Mirlande
H. Manigat, Traité de Droit Constitutionnel Haïtien (Université
Quisqueya 2000). 2 vols.
Human Rights
- Report of Haiti's Truth and Justice
Commission (1995) (alternatively here).
Haiti's Truth and Justice Commission was created in March 28, 1995 to
investigate the violation of human rights under the de facto military
dictatorship (September 29, 1991 - October 14, 1995).
- U.S.
Department of State.
Under Bureau of Democracy, Human Rights and Labor / Human Rights / Country
Reports / by year, one may find: Haiti, Country Reports on Human
Rights Practices. See reports for the following years: 2006, 2005, 2004, 2003, 2002, 2001, 2000, and 1999.
- UN Security Council -
Resolutions
The United Nations Security Council Resolutions can be found in
chronological order on the site of the UN Security Council. See
Resolutions On the Question of Haiti for the following years: 2007, 2006, 2005, 2004, 1999, 1998, 1997, 1996, 1995, 1994, 1993
See also, UN Security Council. Mission Reports. Report of the Security
Council Mission to Haiti, 13 to 16 April, 2005. S/2005/302
- Inter American Commission on Human Rights
(IACHR), Annual Reports.
Almost every Annual Report of the IACHR presents the state of compliance
by Haiti with human rights conventions. See annual reports for the
following years: 2006 2005 2004 2003 2002 1998 1997 1991 1990 1988-1989 1986-1987 1985-1986. See
also reports for years 1984-1985, 1983-1984, 1981-1982, 1977, 1976, 1975,
1974, 1973, and 1971.
·
IACHR, Special Reports: Haiti: Failed Justice or
the Rule of Law? Challenges ahead for Haiti and the International Community,
26 October 2005 OEA/Ser/L/V/II.123, doc.6 rev 1.
- IACHR, Country Reports, monitoring the situation
of human rights in Haiti. See the following country reports: 1995, 1994,
1993, 1990, 1988, 1979, and 1969.
- Annual
and special reports of the IACHR are also available at the Inter American Human Rights Database, American University, Washington College of Law.
- Human
Rights Watch.
Search under information by country / Americas / Haiti. This source is arranged in chronological order and provides an overview of human
rights developments in Haiti. Also under Human Rights Watch / Publications
/ Haiti, one can find information on internal displacements, the use of
children as soldiers and the social and legal conditions of Haitians in
the Dominican Republic.
- UN High Commissioner for Human Rights (OHCHR)
Under countries, OHCHR in Haiti, this site provides access to
reports of the UN Human Rights Bodies regarding Haiti's status of
ratification of Human Rights Conventions; resolutions and statements of
the General Assembly regarding Haiti; and the reports of independent
experts appointed by the Secretary General informing on the situation of
human rights in Haiti.
- Amnesty International
Under Learn about human rights / Select a country / Haiti, for issues on prison conditions, political prisoners, violence against women, discrimination,
and migrant Haitian rights in the Dominican Republic.
- MINUSTAH
The site of the UN Stabilization Mission in Haiti (MINUSTAH) includes not
only the background information for this particular mission but also the
background information, mandate resolutions, facts and figures, and
deployment maps for the following previous international missions in
Haiti: United Nations Mission in Haiti UNMIH (1993-1996); United Nations
Support Mission in Haiti UNSMIH (1996-1997); United Nations Transmission
Mission in Haiti UNTMIH (1997); and
United Nations Civilian Police Mission in Haiti, MIPONUH (1997-2000).
- Institute
for Justice and Democracy in Haiti (IJDH)
The IJDH is a non-governmental organization based in Haiti working towards
reconstruction of democracy, justice and human rights, disseminating
information on human rights, pursuing legal cases, and cooperating with
human rights groups in Haiti and abroad. IJDH publishes IJDH Human
Rights Reports.
Additional
information on human rights in Haiti can be found by searching the following
web sites:
Labor Law
- Labor Code,
September 12, 1961, updated by Decree of February 24, 1984.
- Labor Code, September 12,
1961, updated by Decree of February 24, 1984 and Law of June 4, 2003
- NATLEX
(International Labor Organization)
NATLEX is the International Labor Organization's (ILO) database on labor
and labor related legislation and agreements. Browse by country / Haiti . Besides the Labor Code and other Haitian laws on labor, social
security, non discrimination, child labor, collective bargaining and
industrial relations, NATLEX includes two bilateral agreements between Haiti and the Dominican Republic on employment of temporary sugarcane workers.
- Francois
Latortue, Le Droit du Travail en Haïti (3d ed. 2001). Chapter 2
examines the evolution of labor laws and social rights in Haiti.
Criminal Law
- Penal Code
See alternatively here
See alternatively here updated
by Decree August 11, 2005
- Code of Criminal Instruction
See alternatively here
- Code
of Criminal Instruction (1826) - Digital Library of the Caribbean
- Law of November 29, 1994, on the
National Police, Le Moniteur nº 103, December 28, 1994.
See alternatively here
- Law of August 7, 2001, relative
to the Suppression and Control of Illicit Drug Trafficking
Moniteur nº 156, October 4, 2001. The electronic file is incomplete.
See alternatively here
- Law of February 21, 2001 Money Laundering Law,
Proceeds from Illicit Drug Trafficking and Other Serious Offenses. Le
Moniteur No. 30, April 5, 2001, and Le Moniteur N° 97, December 3, 2001.
See alternatively here
See alternatively here
- UN Office on Drugs and Crime
The UN Office on Drugs and Crime database, UNODOC'S Online,
contains the laws on drug abuse, prevention and treatment, national control
measures related to demand, supply and traffic of licit and illicit drugs,
criminal sanctions and international cooperation. See country pages / Haiti .
Business Law and Banking Law
For
business law and doing in business in Haiti see the following sources:
- Bank
of the Republic of Haiti, under Supervision
Bancaire one can retrieve commercial, mortgage bank laws, and prudential
norms.
- Banking Law. Decree of November 14, 1980.
Le Moniteur no. 82, November 17, 1980
- Law
of August 28, 1984. Creation and functioning of mortgage banks.
[Banques
d'Epargne et de Logement] Le Moniteur no. 64, September 6,
1984.
- Law of August 17, 1979, on the creation
of the Bank of the Republic of Haiti.
Le Moniteur No. 72, September 11, 1979.
- Doing Business (World
Bank)
The Doing Business Library of the World Bank provides access
to the constitution, banking and credit laws, commercial and company laws,
labor laws, tax laws, and land and building laws. Select an economy / Haiti.
- Haiti
Embassy in Washington
The
site of the Embassy of the Republic of Haiti in Washington, section on
business, includes norms and regulations regarding business and investment
in Haiti, business associations and a guide to investment, internal taxes
and fees, and labor related laws.
- Loi sur la modernisation des entreprises publiques, Le Moniteur no
75-A, October
10, 1996.
- Labor Code and its implications, internal
taxes and fees.
- Centre
de Recherche et d'Information Juridique (CRIJ), under
Bibliothèque Virtuelle / Droit Haïtien / Code de Lois. See the
following codes:
- Investment Code, Law of
November 26, 2002, modifying the Decree of October 30, 1989
Alternatively here
(English)
- Customs Code (Code
Douanier), Decree of May 5, 1987, modifying the Decree of August 28, 1962.
- Théophile
J. B. Richard, François Latortue & Pierre Chauvet, A Statement of
the Laws of Haiti in Matters Affecting Business (3rd., Organization of
American States 1974). This summary of laws and regulations of Haiti on
commercial related matters is still a valid source certain areas such as
public lands, forestry, water and mining legislation, patents and
trademarks, copyright, and property.
Real Property and Cultural
Property Law
- Rural Code (1962)
Le Moniteur No. 51 May 16, 1962, amended by Decree of June
26, 1986.
- Code
Rural de Boyer 1826, avec les commentaires de Roger Petit-Frère, Jean
Vandal, Georges W. Werleigh (Archives Nationales d'Haïti 1992). Digital
Library of the Caribbean
- Francois
Blancpain, La Condition des Paysans Haïtiens: Du Code Noir aux Codes
Rureaux (Editions Karthala 2003). See pages 184 - 194
for a chronology of laws on abolition of slavery, land distribution and
tenure, and property rights.
- Joint
Ownership Law [Loi sur la copropriété], August
13, 1984, Moniteur, No. 82.
- Recueil des Textes Législatives Concernant la
Protection du Patrimoine Culturel Mobilier (Unesco 1981) [The
Protection of Movable Cultural Property: Compendium of Legislative Texts],
Law of April 23, 1940, and Decree Law of October 31, 1941.
Electoral Law
Natural Resources and
Agriculture Law
- Rural Code (1962)
Le Moniteur No. 51 May 16, 1962, amended by Decree of June
26, 1986.
- Code
Rural de Boyer 1826, avec les commentaires de Roger Petit-Frère, Jean
Vandal, Georges W.Werleigh (Archives Nationales d'Haïti 1992). Digital
Library of the Caribbean.
- Faolex, Fishlex, and Ecolex,
provides the full text of national laws, regulations, treaties, and
secondary sources on environmental law, food and agriculture, renewable
natural resources, forest, fisheries and aquaculture.
- UNESCO.
Environment and Development in Coastal Regions and in Small Islands (Lois Relatives à l'Environnement Côtier et à
la Pêche en Haïti) CSI Info 13 (2002).
This
publication contains an abridged version of Haiti's fisheries and
environmental laws as they relate to the protection and management of
coastal environments, text in French and Creole.
Intellectual Property
Law
For
intellectual property, patents and trademark laws see the following sites to
identify relevant intellectual property laws in force:
- SICE
Law on Literary and Artistic Property, of October 8, 1885; Law of December
14, 1922; and Patents and Trade Marks Decree of June 19, 1960.
- World Intellectual Property Organization (WIPO)
The database Collection of Laws for Electronic Access (CLEA) - Legislative
Texts of the World Intellectual Property Organization (WIPO) cites the
relevant Haitian trademark laws but does not provide access to the
fulltext: Law of July 17, 1954, on Trademarks (Loi sur l'enregistrement et
les cessions des marques de fabrique ou de commerce du 17 juillet 1954)
and Law of July 14, 1956, amending the Trademarks Law of July 17, 1954.
Family Law
- Representing Children Worldwide (RCW), Yale Law School's website, provides a summary and analysis of legal instruments for the
protection of children in Haiti. Browse under: Jurisdiction research/
Caribbean/ Haiti.
- CRIJ, Rights of the Children
[Droit de L'Enfant]
Laws related to children, violence against children, adoption, articles on
juvenile delinquency and treaties and conventions on the rights of
children ratified by Haiti.
Maritime Law
- Oceans and Law of the Sea
The information system of the United Nations Division of Ocean Affairs and
Laws of the Seas (DOALOS) maintains a comprehensive database on national
maritime delimitation, legislation and treaties of countries around the
world. Under maritime space legislation and treaties database, access
database by countries / Latin American and Caribbean States / Haiti. See the laws establishing the boundary of the territorial waters of the Republic of Haiti, and the Agreements on delimitation of the maritime boundaries between the
Republics of Colombia and Haiti (1979), and the Republic of Cuba and Haiti (1977).
Telecommunication Law
The
National Telecommunication Counsel (CONATEL) is the
official institution regulating telecommunications in Haiti. On the website of CONATEL, under Legislation are the following telecommunication
laws:
- Decree October 12, 1977,
granting to the State the monopoly of telecommunication services; Alternatively
here
- Decree of October, 30 1969,
creating the National Telecommunications Counsel (CONATEL). Le Moniteur, No.
105.
- Organic Law of CONATEL, August
20, 1987, Le Moniteur, 68, descr